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HomeMy WebLinkAbout01/12/1981 - Regular MeetingPresent x x x x x x x Motion x Ayes x x R x x x Abstain x Motion x All Ayes 1. • MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME* 7 :30 P.M. DATE: January 12, 1981 Mayor Heather presented a Proclamation to Dan Marcheano in recognition of his outstanding contribution to the "Cops 'n Kids" picnic on October 10, 1980. The Mayor also recognized Police Officer Richard Long for his efforts and participation in the "Cops 'n Kids" picnic. A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of December 22, 1980 was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing LCP/ regarding the proposed Local Coastal Program Land (68) Use Plan and Development Policies initiated by the City of Newport Beach for the Coastal Zone. A report was presented from the Planning Depart- ment, together with their report of December 22, 1980. A letter was presented from Robert D. Johnston opposing the proposed LCP /Land Use Plan and Devel- opment policies, citing increased security problems of private property. A letter was presented from Lyman S. Faulkner in favor of the proposed LCP policies, suggesting a deletion regarding sediment in the Upper Bay. A memorandum was presented from the City Clerk regarding additional signed affidavits received and against University Drive Extension. The City Clerk advised that letters relative to t LCP were also received from the following persons after the printing of the agenda: William Bluerock, Architect /Planner; James M. Parker, Attorney; Kbaled Wallace, homeowner, Corona del Mar; DeAnza Corporation; and James Person, Jr., Attorney. Aileen Schrader, Member, Board of Library Trustees, referred to Page 32, Item 4 of the LCP, relative tc Restroom Facilities, and suggested the Council not consider placing a public restroom in the vicinity of the Balboa Branch Library. The City Manager pointed out that the staff had addressed this Issue in their report of December 22, suggesting that the paragraph be modified to make the restroom construction optional. Mrs. Robert Gunther, 3625 Ocean Boulevard, Corona del Mar, advised.that she owned a vacant lot contiguous to her home, which is designated as Recreational and Environmental Open.Spacs in the LCP, and urged that it remain as Residential, Volume 35 - Page 1 Use Mrs. Burke Harrington, 3615 Ocean Boulevard, Corona del Mar, spoke in favor of leaving the Britvich °s property at 2901 Ocean Drive as Residential in the LCP and not designate it as Recreational and Envi- ronmental Open Space. Khaled P. Wallace, 2919 Ocean Boulevard, Corona del Mar, spoke in opposition to his property being designated as Recreational and Environmental Open Space in the LCP. He advised that his home sits below the lot line, and therefore, does not ob- struct any view. He submitted photographs showing the location of his home and requested it remain as Residential. Sherman L. Stacey, Attorney, representing the prop- erty owner adjacent to the Gunther °s,and the Britvich °s, addressed the Council. He stated that to designate his clients' property as Recreational and Environmental Open Space would eliminate all reasonable use of their property, and it would be arbitrary unless the City intends to acquire the property. He stated that in this circumstance, the Council is dealing with a fully subdivided area which is planned, zoned and used for single - family homes. He urged the Council to follow a rational and fair course and continue the proper designation of his clients' property as Residential. Mr. Stacey submitted a letter for the record expressing his concerns, which is on file in the •Clerk's office. James Parker, Attorney, representing certain home- owners on Ocean Boulevard, Corona del Mar, addressed the Council with respect to the parcel of property landscaped as a public view area on Ocean Boulevard between Heliotrope and Iris Avenues. He stated that in reviewing the Land Use Plan of the LCP, the park area is not referred to except as public right- of -way. He suggested the City Council amend the Land Use portion of the LCP to include preservation of this park in the same manner as Inspiration Point, and that it be designated for "Recreational and Environmental Open Space" for the reasons as enumerated in his letter of January 8, 1981. Al Jobe, 2908 Ocean Boulevard, Corona del Mar, addressed the Council, and concurred with the remarks of James Parker. The Director of Planning stated that, to the best of his knowledge, the subject park area would remain as a park site and that he knows of no plans to change that use. The Director of Public Works stated that he was not aware of any plans which would conflict with the present landscaping development in the present subject right -of -way, or existing park view sits. • Volume 35 Page 2 - C m UNCIL ��9G ..,... t!? MINUTES Volume 35 - Page 3 INDEX Mayor Pro Tem Hart advised that due to illness she was excused from the last Council meeting when this item was discussed, but that she had listened to the tape recording of the meeting during the past week so that she could participate in the considera- tion at this time. Motion x With respect to Ocean Boulevard Lots (Map Page 18), Ayes x x Councilman Hummel made a motion to place under the Noes x x x x x condition of acquisition, those two privately held unimproved parcels designated as Recreational and Environmental Open Space, which motion failed. With respect to the three vacant lots on Ocean Boulevard in the area of Inspiration Point, it was the consensus of the Council to defer this item for further information as to whether the subject prop - erties can be purchased, and the estimated cost. Motion x With respect to Balboa Peninsula Shuttle (Page 15, Ayes x x x x x x Item 5 c), Mayor Pro Tem Hart made a motion to Noes x delete the words following the word "Peninsula," and that staff add a sentence, "Development of a municipal master transit plan and implementation of said plan is dependent upon the City's financial ability to do so,11 which motion carried. A discussion ensued with respect to the Upper Newport Bay and Adjacent Properties (Pages 17 -21), wherein Dave Dmohowski of The Irvine Company ad- dressed the Council, and advised that they were in opposition to adoption by reference, to any of the maps prepared by the State Department of Fish and Game relative to Sensitive Habitat Areas, as they do not believe at this point, that a competent evaluation of the habitat sites has been established They would be happy to work with the City staff in identifying which areas they feel are environmen- tally sensitive and should be preserved for future development. Carl Wilcox, State Department of Fish and Game, addressed the Council, and stated that the maps that were submitted were modifications of earlier maps submitted to the City at their request to assist them in their preparation of Sensitive Habitat Areas. He summarized the primary habitat for each map. The Director of Public Works expressed concern with some of the maps and stated that his staff would be willing to work with the Department of Fish and Game to discuss the conflicts. Motion x Following the discussion, Councilman Cox made a Ayes x x x x x x motion not to include the maps as prepared by the Abstain x State Department of Fish and Game in the LCP at this time, and that an analysis of said maps be done dur- ing the environmental impact review process at the time of project approval, which motion carried. Mo n x Mayor Pro Tem Hart referred to Page 21 of the LCP, Ayes Item 2, second sentence, and made a motion to delete the words "At this time," at the beginning of the sentence, and add the words "except as pro - vided below," at the end of the same sentence, whic motion carried. Volume 35 - Page 3 INDEX Notion Ayes Noes l Won Ayes x Noes x x Motion x Ayes x x x Abstain Motion • Motion All Ayes • :x x x x x x x MINUTES Mayor Pro Tem Hart referred to Page 21 of the LCP, Item 4, last sentence, and made a motion to delete said sentence which reads: "A better solution must be found," which motion carried. Mayor Heather referred to Page 21 of the LCP, Item 4, next to the last sentence, and made a motion to delete said sentence which reads: "Use of Upper Newport Bay for a desilting facility is unaccept- able," which motion carried. Councilman Cox referred to Page 21, Item 3, and made a motion that the following wording as recommended, by the Public Works Department be added to the end of the sentence: "nor are they intended to pro- hibit public infrastructure facilities when the environmental process demonstrates that adverse impacts can be mitigated, or that the benefits out - weigh the adverse impacts," which motion carried. Reference was made to Public Access, at which time Kent Snyder, representing the Ardell Investment Company, addressed the Council recommending that Item 6, Page 10 be deleted. Mayor Pro Tem Hart made a motion to amend Item 6 on Page 10 by changing the word "shall" to "should" in the first sentence and delete_ the word "continu- ous." Hank Hill addressed the Council stating he felt the word "easements" created a problem and should be deleted from Item 6. Vin Jorgensen, 1533 Antigua Way, stated that he felt the language with respect to access to water- front properties was written too loosely and could be interpreted differently by various individuals and future City Councils. Following the discussion, Mayor Pro Tem Hart.made a motion to continue this public hearing to 3:00 p.m., Monday, January 19, 1981, and that the motion on the floor be considered at that time, which motion carried. 2. Mayor Heather opened the continued public hearing regarding Proposed Ordinance No. 1872, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19.16.010; 19.16.020; 19.16.100(e); 19.16.130; 19.16.140; 19.16.150; 19.16.200 AND ADDING SECTION 19.16.145 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DELETION OF REVIEW AND APPROVAL OF FINAL TRACT MAPS BY THE PLANNING COMMISSION, Planning Commission Amendment No. 553, a request initiated by the City of Newport Beach to consider an amendment to Title 19 of the Newport Beach Municipal Code as it pertains to deleting the - °- review and approval of Final Tract Maps by the Planning Commission, and the acceptance of an Environmental Document. Volume 35 - Page 4 0-1872 ._._ P/C Amnd 553 (84) 1 1 {'.' C UIdCIL s�� 9 �; 9G ROLL_CAI.� 0p P January 12, 1981 • 0 Motion Ayes Noes • Motion All Ayes x x x MINUTES A report was presented from the Planning Depart- ment dated December 22, 1980. A report was presented from the City Manager dated December 22, 1980. Mayor Pro Tem Hart advised that, inasmuch as she was not in attendance at the last meeting when this issue was considered, she had listened to the tape` recording, and was prepared to participate in the discussion at this time. The public hearing was closed after it was deter- mined that no one desired to be heard. Ordinance No. 1872 was disallowed. 3. Mayor Heather opened the public hearing regarding Proposed Ordinance No. 1873, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DIS- TRICTING MAP NO. 24 TO RECLASSIFY FROM THE C- 1-H AND R -1 DISTRICTS TO THE 0 -S (OPEN SPACE) DISTRICT, CERTAIN PROPERTY LOCATED AT 1801 BAYSIDE DRIVE (BALBOA YACHT CLUB - AMENDMENT NO. 555), Planning Commission Amendment No. 555, a request of the Balboa Yacht Club, Corona del Mar, to amend a portion of Districting Map No. 24 and reclassify from the C -1 -H and R -1 Districts to the Open Space District (0 -S), certain property located at 1801 Bayside Drive, on the southwesterly side of Bayside Drive, more commonly known as the Balboa Yacht Club, and the acceptance of an Environmental Document. A report was presented from the Planning Depart- ment. The public hearing was closed after it was deter- mined that no one desired to be heard. Ordinance No. 1873 was adopted, and the Environ- mental Document was accepted. 4. Mayor Heather opened the public hearing regarding Planning Commission No. 556, a proposed amendment to the Planned Community Development Plan for Harbor View Hills to delete reference to two -story height limit for residential construction and to change the height limit of thirty -five feet to thirty -two feet, and the acceptance of an Environ- mental Document. The Harbor View Hills Plannned Community is bounded by Ford Road on the north, the City boundary on the east, San Joaquin Hills Road on the south, and MacArthur Boulevard on the west. A report was presented from the Planning Depart- ment. Volume 35 - Page 5 0-1873 PCD P/C Amnd 555 (94) PCD ._ ... P/C Amnd 556 (94) • Motion All Ayes 0 Motion All Ayes • Motion All Ayes • x Y" 1a.,1 MINUTES 12. 1981 Dave Dmohowski of The Irvine Company addressed the Council in support of the recommendation. The public hearing was closed after it was deter- mined that no one else desired to be heard. Resolution No. 9955 was adopted and the Environ- �R -9955 mental Document was accepted. E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. Appointments to the Citizens Advisory Committees CAC for a one -year term expiring December 31, 1981: (24) A list of the current members and those appointed at the December 22, 1980 meeting, was presented. The following appointments /reappointments were confirmed: Bicycle Trails Citizens Advisory Committee (District 1) Councilman Strauss' appointment of Barbara Kimbrell, and Steve Kimble. (District 3) Mayor Pro Tem Hart's reappointment of Rob Patterson and Willard Courtney. (District 5) Councilman Maurer's appointment of Paul B. George, and Frances P. English. (District 7) Councilman Cox's reappointment of Jim Dodds. Remaining appointments deferred to January 26, 1981. Environmental Quality_ Citizens Advisory Committee (District 1) Councilman Strauss' appointment of Bobby Lovell. (District 2) Councilwoman Plummer's appointmen of Janice DeBay. (District 3) Mayor Pro Tem Hart's reappointmen of John Dunzer, and appointment of Brion Jeannette. (District 5) Councilman Maurer's reappointment of Paula Godfrey, and appointment of Chriss Street. (District 7) Councilman Cox's appointment of Richard Plastino. Remaining appointments deferred to January 26, 1981. Volume 35 - Page 6 Motion All Ayes Motion All Ayes • 111 1 'Jill igyl MINUTES 12, 1981 Litter Control Citizens Advisory Committee (District 2) Councilwoman Plummer's appoint- ment of Bill Aldridge. (District 3) Mayor Pro Tem Hart's reappoint- ment of Ninfa Jarvis O'Brien, and Betty Hogg. (District 5) Councilman Maurer's reappointment of Elizabeth Wallace, and appointment of Haroli R. Pinchin. (District 7) Councilman Cox's reappointment of Jeanne Pitman, and appointment of Gordon Kilmer. Remaining appointments were deferred to January 26, 1981. (District 1) Councilman Strauss' reappointment of Agnes Kalb. (District 2) Councilwoman Plummer's appoint- ment of Margot Skilling. (District 3) Mayor Pro Tem Hart's reappoint- ment of Owen Minney, and Otto Schroeder. (District 4) Mayor Heather's reappointment of Bill Lusk and David Tosh. (District 5) Councilman Maurer's appointment of Jerome Halperin, and Chuck Conners. (District 6) Councilman Hummel's reappointment of Jean Watt. (District 7) Councilman Cox's appointment of George Spragins, and Gordon Young. G. CURRENT BUSINESS: 1. A report was presented from the Airport Aviation Committee regarding Position Papers on John Wayne Airport Master Plan and ANCLUC. The City Attorney advised, in his report which was submitted with the Position Papers, that said document dealt with six major subject areas of vital concern to the City. These areas are Noise, Ground Access, Land Use, Facilities, Financial Plan- ning and Implementation. The Position Papers are presented in addition to the City's comments on EIR 232. The purpose of the Position Papers is to present clearly and concisely to the Board of Super- visors, the policy positions of the City of Newport Beach in regard to these key elements of the Master Plan. 0 11111111 Volume 35 - Page 7 OC /John Wyn Airport (58) C • Mo6n All Ayes Motion All Ayes x It was recommended that the City Council consider the Position Papers,and adopt, or modify as neces- sary for presentation to the Board of Supervisors. Clarence Turner, President of the Mariner's Home- owners Association, addressed the Council and advised that he had reviewed the subject document. He recommended that the Airport Aviation Committee reconvene in emergency session to review said reco mendations again in order to bring another recomme dation to the Council. Tom Edwards, Attorney for Mariner's Homeowners Asso ciation, addressed the Council in opposition to Chairman Ralph Clark's proposal to increase commer- cial flights out of the airport from 41 to 62. He commented on the upcoming noise variance hearings and urged the Council not to concede their position at this time. Susan Simpson,.2006 Galaxy Drive, representing the Dover Shores Board of Directors, addressed the Council and read a prepared statement requesting the Council to "reconsider its airport strategy and oppose the State variance application." The following people also addressed the Council wit respect to the proposed expansion of John Wayne Airport and airport noise: Mrs. Bobby Lovell, 1242 W. Ocean Front; Pat Hollander, 213 Via Dijon, . Lido Isle; and Joe Jorgensen, 1517 Highland Drive. Following a discussion, Mayor Pro Tem Hart made a motion to direct staff to prepare a "hard -line" cover letter for the Mayor's signature to accompany the Position Papers, incorporating the Council's primary concerns regarding John Wayne Airport, as set forth in the introduction of said document, which motion carried. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9956 authorizing the Mayor and City Clerk to execute an Off -Site Parking Agreement between the City of Newport Beach and Tonti- Walker Investors, Inc., in connec- tion with Use Permit No. 1949, Amended (Seaside Restaurant, 2800 Lafayette Avenue) A report from the Planning Department) • 11111111 „ Volume 35 - Page 8 Tonti - Walker 0/S Pkg R -9956 (63) • • T Y, TESSWRT BEkACHi (b) Resolution No. 9958 authorizing the Mayor and Npt Hbr City Clerk to execute an Amendment to Animal Anml Hosp, Control Agreement between the City of Newport R -9958 Beach and Newport Harbor Animal Hospital C -2116 increasing various rates and charges for (38) shelter services. (A report from the City Manager) W. Removed from the Consent Calendar. (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. (f) Resolution No. 9960 authorizing the Mayor and Pre -Anna City Clerk to execute a Pre - annexation Agree- Mobil 011 ment between the City of Newport Beach and R- 9960 Mobil 011 Company. (A report from the City C -2237 Manager) (38) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for inclusion in their records, a Oxbow Annx Resolution of the Local Agency,Formation LAFCO Res, Commission of Orange County, California, dated C -2229 December 10, 1980, approving the proposed (38) annexation designated Oxbow Annexation 9188 to the City of Newport Beach, (Attached) (b) To staff for inclusion in their records, a Anal Cntrl copy of an informal Memorandum of Understand- PD ing between Southern California Veterinary (70) Medical Association and the California Depart- ment of Health Services; Los Angeles County Department of Health Services; Orange County Department of Public Health and Medical Services, regarding assurance of continuation of the Rabies Vaccination Clinic Program in Los Angeles and Orange Counties, (Attached) (c) To staff for inclusion in their records, a Bldg letter regarding guidelines adopted by th¢ (26) Board of Directors for the homeowners in Newport Crest for installation of Solar heat- ing panels. (Attached) (d) To staff for inclusion in their ongoing study, Costa Mesa a letter from Newport Crest Homeowners Associa Freeway tion regarding West Newport Beach Improvement (43) Association's recommendations for the planning of the extension of Route 55 (Costa Mesa Freeway). (Attached) (e) To staff for inclusion in their records, Bldg Information Bulletin SHL 80 -3 regarding a (26) model code for the rehabilitation of residen- tial hotels from the Department of Housing and Community Development, Division of Codes and Standards, Sacramento. (Attached) (f) Removed from the Consent Calendar. Volume 35 - Page 9 • • C41HUTES (g) To staff for reply, a letter from Mr. and Mrs. Litter Haskell Shapiro regarding water and garbage Hazel /CHwy drainage from the Five Crowns Restaurant in (44) the vicinity of Hazel Street and Coast High- way. (Attached) (h) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from the Mayor of the City of Norco and Mayor Pro Tem. City of Corona, urging the City of Newport Beach to join with their 1 -15 Committee in opposition to the Director of CALTRANS construction of a 13 mile section freeway substandard to the Federal Highway Administration requirements. (Attached) (b) A copy of a letter from Hubert W. Morey to the Editor of the Newport Ensign regarding the City's condemnation of oil production property - West Newport Oil Wells. (Attached) (c) Copies of articles and a letter to President- elect Ronald Reagan from Al 1°King Alfonso11 Lizanetz regarding his ongoing campaign against Seagram Distillery. (d) Excerpt from the Orange County Board of Super- visors minutes of December 23, 1980 regarding Newport Dunes Redevelopment /Upper Newport Bay. (Attached) (e) Orange County Board of Supervisors agenda for the meetings of December 23 and 24, 1980 and January 6 and 7, 1981. 5. CLAIMS FOR DAMAGES: (36) For denial and confirmation of the City Clerk's referral to the insurance carrier: (a) Claim of Richard W. McKee for alleged property McKee damage to his automobile, sustained on December 13, 1980, from a guard sign posted at 3400 W. Coast Highway. (b) Claim of Robert and Vanette Ford for property Ford damage sustained on December 13 or 14, 1980 when Fire and Police allegedly broke down the front door to their duplex, north of 3713 W. Balboa Boulevard. (c) Claim of Michael Grandees for property damage Grandees sustained on December 16, 1980, near Newport Pier when a City vehicle allegedly backed into his automobile. (d) Claim of Glen E. Moncata for personal injuries sustained on November 6, 1980, on Lincoln Jr. High School baseball diamond, due to a fall into an alleged hole while running in the basepaths. Volume 35 - Page 10 • • e 0 CITY OF NEWPORT BEACH January 12, 1981 MINUTES (e) Claim of Roy Freeman for property damage to his boat sustained on December 14, 1980 at Balboa Island /Little Island, alleging that a portion of cement railing fell on his boat while pass- ing under the bridge. For rejection: (f) Late claim of Ted R. Heineman for reimburseme of funds involved in receiving final approval from the Building Department for additional work allegedly ordered by the City in connec- tion with completion of 108 -22nd Street proje (g) Late claim of Jerry Haas for return of proper or in the alternative, money damages (Section 910 of the Government Code). Rescind prior action denying claim and reject claim as not timely filed: (h) Late claim of Roger Van Beek for personal injuries sustained on September 4, 1980, in Pacific Ocean between Newport and Huntington. Beach, when he struck a rock which was not visible under the surface of the water. Rejection of a portion of the claims which were not timely filed and.denial of the remainder: (i) Late claim of Shawn Elyce English for damages in accordance with Section 905 and 910 of the Government Code of the State of California. (j) Late claim of Gregory J. Kopp for malicious prosecution, false arrest and false imprison- ment on July 5, 1980 at the parking lot at MacArthur and E. Coast Highway. 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of John Smith for person- al injuries, Case No. 44092 in the Orange County Superior Court. (b) Summons and Complaint of Kevin J. Smith for personal injuries, Case No. 44326 in Orange County Municipal Court. For confirmation of the City Attorney's reffrral to the County Counsel defending the interests of the City of Newport Beach: (c) Summons and Complaint of Pacific Mutual Life Insurance Company v. County of Orange, OCSC No. 346613. (A report from the City Attorney regarding referral of tax lawsuit to Orange County Counsel) (Attached) Volume 35 - Page 11 Freeman Heineman Haas Van Beek English Kopp (36) Smith Smith Pac /Mut Ins E 0 rl L • 12. 1981 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Laborer, General Services Department, to fill a vacant position. (b) One Utility Serviceworker, Utility Department, to fill a vacant position. (c) One Chief Building Inspector, Building Depart- ment, to fill a vacant position. (d) One Building Inspector II, Building Department, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: For information and approval* (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Report from the Public Works Department regard- Baysd /Lgh ing Bayside Drive lighting and signing. & Signing (Attached) 1(81) (d) Report from the Orange County Airport Aviation OC/John Wyn Committee concerning economic impact report. Airport (Attached) (58) For information and filing: (e) Minutes of the Ad Hoc City Council Committee Fire Dpt to review fire fighting capabilities and (41) facilities of the City, dated November 20, 1980. (Attached) (f) Report from the Assistant to the City Manager ITeleprompter regarding the December 22, 1980 Cable Televi- (42) sion Installation Status Report submitted by Teleprompter. (Attached) (g) Report from the Police Department concerning use of tranquiliaer gun by Animal Control Officers. (Attached) 9. PUBLIC HEARING SCHEDULING: - Set for public hear - ing on January 26, 1981* (a) Planning Commission Amendment No. 554, a request of The Irvine Company, Newport Beach, to amend the Planned Community Development Plan for Big Canyon by deleting the reference to the two -and three -story height limits for residential construction and changing the height limit of thirty -five feet to thirty -two feet in all residential areas except for Area 10 where the existing thirty -five foot height limit will be maintained; reducing the permit- ted number of dwelling units in Area 10; and the acceptance of an Environmental Document. (A .report from the Planning Department) Volume 35 - Page 12 PD /Anml Cntrl (70) /C Amnd /PCD (94) • • Motion All Ayes x Motion Ayes Noes I.xlxlxlxlxlxlx Motion Ayes Noes Abstain Ix MINUTES (b) Tentative Tract Map No. 10814, a request of Tract Nap The Irvine Company, Newport Beach, to create 10814 three parcels of land to allow the construction of a thirty -two unit residential condominium project in Big Canyon Planned Community. Property designated as Area 10; being portions of Blocks 55, 56 and 93 of Irvine °s Subdivision located directly northeasterly of San Joaquin Hills Road, between Big Canyon Drive East and Big Canyon Drive West; zoned P -C, and the acceptance of an Environmental Document. (A report from the Planning Department) 10. Removed from the Consent Calendar. 11. MAINTENANCE DREDGING APPLICATIONS - Approval, Harbor /Perm subject to the conditions of approval listed in the (51) general permit issued to the City by the Corps of Engineers: (A report from the Marine Department) 225 -1710 H. B. Brown 1710 S. Bay Front 138 -1 E. L. Overholt 111 Harbor Island 108 -2124 Byron H. Farwell 2124 East Balboa Blvd. 12. BUDGET AMENDMENTS: None. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution authorizing the Mayor and City Clerk to OC /John Wyn execute an Agreement between the City of Newport Airport Beach and Walter E. Gillfillan for additional tech- (58) nical services in connection with John Wayne Airport was deferred to the City Council meeting of January 19, 1981, for further documentation from the City Attorney, as requested by Councilman Strauss, 2. Resolution No. 9957 authorizing the Mayor and City OC /John Wyn Clerk to execute an Agreement for the City of Airport Newport Beach between Wenke, Taylor, Evans and Ikola Variance to perform legal services during the John Wayne R -9957 Airport variance hearings, was adopted, following C -2230 comments by Councilman Hummel. (38) 3. A letter from Thomas W. Henderson, Jr., of the law Bldg firm of Lippold, Henderson and Dinsmoor, regarding Height /Lmt Kings Road /Kings Place Height Limit Decision, was (26) presented. Councilman Hummel made a motion to file an appeal, and if successful, have the matter reconsidered under the appropriate standard as indicated in the memorandum from the City Attorney, which motion failed. Volume 35 - Page 13 Motion All Ayes Motion x All Ayes Motion All Ayes x Motion x All Ayes Motion x All Ayes is Motion All Ayes 0 MINUTES In view of the foregoing action, the subject letter was referred to staff for reply, declining the appeal regarding Kings Road /Kings Place Height Limit Decision. 4. A report from the Airport Aviation Committee re- garding the Airline Access Plan for John Wayne Airport, was presented. The foregoing report was referred to staff for preparation of a response, providing said response is not inconsistent with the Council's previous action taken earlier at tonight's Council meeting. 5. A report from the Board of Library Trustees regard- ing Parking and Lighting at Newport Center Branch Library, was presented. Action was deferred to January 26, 1981, and the Public Works Department was requested to submit a cost estimate. 6. A report from the Board of Library Trustees regard- ing West Newport Library Lease, was presented. Action was deferred to January 26, 1981, to allow time for the Balboa Power Squadron to meet with the Library Board, regarding possible storage space. 7. Resolution No. 9959 was adopted, authorizing the Mayor and City Clerk to execute an Agreement between the City of Newport Beach and Boyle Engineering in connection with engineering services for the design of early action and interim control facilities, Upper Newport Bay Watershed (208 Study). In addition, an appropriation of up to $16,000 was approved for the commencement of soil work as recom- mended by the City Manager. 8. The appeal of Mrs. Edith L. Rehnborg from denial of a permit to construct a curb cut at 2608 Ocean Boulevard, together with a report from the Public Works Department, was presented. Mrs. Doris Long, niece of the appellant, addressed the Council in support of the appeal. Following a discussion, the appeal was denied. J. ADDITIONAL BUSINESS: None. The meeting was adjourned at 1:35 a.m., to 3:00 p.m., Monday, January 19, 1981. IATTEST: City Clerk Volume 35 - Page 14 OC /John Wyn Airport (58) Npt /Ctr Br Library (50) West Npt. Library/Ls (50) Boyle Engr Upr Npt Bay (208 Stdy) R -9959 C -2238 (38) Curb Cut/ Ocean B1 (80)