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HomeMy WebLinkAbout12/13/1982 - Regular Meeting0sent x Motion Ayes Abstained x Motion All Ayes REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: December 13, 1982 MINUTES Mayor Heather presented a Proclamation to Friends of the Newport Theatre /Arts Center. A. ROLL CALL. B. The reading of the Minutes of the Meeting of November 22, 1982, was waived, approved as written and ordered filed. C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing and City Council review of USE PERMIT NO. 3004, a request of SHERMAN WANG, Balboa; approved by the Planning Commission on November 4, 1982, to permit the construction of a twenty unit motel and related parking on property located in the C -1 District; and the acceptance of an Environmental Document. The proposal also includes a request to exceed the basic height limit in the 26/35 Foot Height Limitation District and includes a modification to the Zoning Code so as to allow the proposed structure to encroach ten feet into the required ten foot rear yard setback adjacent to an alley. Property located at 2822 Newport Boulevard, on the easterly side of Newport Boulevard between 28th Street and 29th Street in the Cannery Village area. Report from the Planning Department, was presented. The City Clerk reported that a telephone call had been received from Jim and Susan Dow, 318 Lindo Avenue, expressing their opposition to the proposed motel. Jack Hester, 220 Newport Center Drive, representing the applicant, in response to Council inquiry, indicated they had to exceed the height limit in order to meet the parking requirements. In addition, they have provided open space within the project to meet the City's criteria. Brion Jeannette, Architect, stated he was not addressing the Council on this particular issue, but pointed out that the proposed 20 unit motel contains 1.2 times the buildable area. However, the Planning Commission recommended that, in consideration of approval of the use permit to exceed the basic height limit, the project be reduced in size so as not to exceed a limitation of 1.0 times the buildable area of the lot. Volume 36 - Page 334 U/P 3004 Wang (88) • Motion 0 • x L x X MINUTES December 13, 1982 Mr. Jeannette stated he had submitted an application for a use permit in the same general area as the proposed motel, which was also reduced in size as a condition of approval by the Planning Commission (height limit vs. buildable area). He questioned the rationale of the Planning Commission, and indicated that, if the Planning Commission intends to reduce buildable area as a trade -off for square footage and the City Council concurs, he feels it would be appropriate to begin a rezoning of the area. He further indicated he did not feel it was fair for an applicant to submit a project which meets all code requirements and then as a condition of approval, it is reduced in size by the Planning Commission. The Planning Director responded that, when the Planning Department is contacted by an architect, building designer, or property owner regarding a proposed project, they are informed . by the staff of the current zoning of that property, the buildable floor area, and what the Planning Commission has done with prior properties in that particular area. Hearing no others wishing to address the Council, the public hearing was closed. Following further consideration, motion was made to sustain the decision of the Planning Commission, based on findings and conditions of approval designated as Exhibit "A." E. PUBLIC COMMENTS: 1. Tom Williams, 1708 Starlight Circle, addressed the Council regarding the proposal to remove 25 trees along Mariners Drive and Irvine Avenue. He indicated that removing the trees would leave a "scar" on the neighborhood. He stated that he was meeting with a representative of the Public Works Department tomorrow regarding alternatives, and urged the Council to delay the tree removal until further consideration has been given. The City Manager advised that all of the property owners or residents adjacent to the strip slated for tree removal were notified. The City has received some responses, all of which have been favorable, including the school district. The reason for the removal is because the trees are destroying the sidewalk, and therefore, the sidewalk must be replaced. A number of years ago these same trees were root - pruned and reconcreted. In addition, the City's Safety Insurance Administrator has recommended the City eliminate all tree wells because of the liability involved. The City currently has in litigation three court cases in excess of $100,000 from falls in a tree well. Volume 36 - Page.335 Public Works/ Tree removal CITY OF NEWPORT BEACH C UNCIL ME MB RS MINUTES G 9y i1'•� �< �� �'A S��G RAII eeli h -iO December 13_ 1982 uincV The Director of Public Works advised that, when this project was put together, he walked the • entire sidewalk area and it did not appear that many trees could be saved. In addition, this particular type of tree is extremely troublesome in a parkway area. It was pointed out that the City Council had awarded a contract on October 25, 1982 for the subject tree removal and sidewalk replacement. Following discussion, it was agreed among the Council to direct the staff to hold up proceedings with the subject contract for one week. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Schedule for Public Hearing on January 10, 1983:' (a) Proposed Ordinance No. 83 -1, being, Ord 83 -1 Mobile Home AN ORDINANCE OF THE CITY OF NEWPORT Park /Zoning BEACH AMENDING PORTIONS OF DISTRICTING (94) MAPS NO. 22 AND 25 FROM THE UNCLASSIFIED ZONING DISTRICT TO THE UNCLASSIFIED/ MOBILE HOME PARK ZONING DISTRICT, PLANNING COMMISSION AMENDMENT NO. 580, a P/C Amad 580 request initiated by the City of Newport Beach, to reclassify portions of the First Addition to the Newport Mesa Tract more commonly known as: Seacliffe Mobile Park, located at 890 West 15th Street, on the northeasterly corner of 15th Street and Monrovia Avenue; Newport Terrace Mobile Home Park, located at 824 West 15th Street, on the northwesterly corner of 15th Street and Placentia Avenue; and Harbor Mobile Homes, located at 1535 Superior Avenue, on the westerly side of Superior Avenue, northerly of its intersection with 15th Street. (Report fro the Planning Department)' (b) Proposed Ordinance No. 83 -2, being, Ord 83 -2 Dwelling AN ORDINANCE OF THE CITY OF NEWPORT Unit /Zoning BEACH AMENDING CHAPTER 20.01 BY ADDING (94) THERETO SECTION 046, DISTRICT SYMBOLS, ESTABLISHING SYMBOLS TO DESIGNATE MAXIMUM FLOOR AREA LIMITATIONS AND THE MINIMUM NUMBER OF SQUARE FEET OF LAND AREA REQUIRED FOR EACH DWELLING UNIT, • PLANNING COMMIISSION AMENDMENT NO. 579, P/C Amnd 579 initiated by the City of Newport Beach. (Report from the Planning Department) - Volume 36 - Pace .116 .. CITY OF NEWPORT BEACH C UiVCIL ME B RS MINUTES ROLL CALL n� December 13, 1982 1luncv rong it 4 irks/ 3d - IIYVLI Pass to second reading and adoption on January 10, • 1983: (c) Proposed Ordinance No. 83 -3, being, Ord 83 -3 Citations AN ORDINANCE AMENDING SECTION 1. 12.020 Warrants NEWPORT BEACH MUNICIPAL CODE BY (70) PROVIDING FOR PENALTY CHARGES OF INFRACTION FOR ANY PERSON FOUND RESISTING, DELAYING, OR OBSTRUCTING ANY NONSWORN EMPLOYEE WHILE IN THE DISCHARGE OF ENFORCEMENT DUTIES OF HIS OFFICE. (Report from the Police Department) (d) Proposed Ordinance No. 83 -4, being, Ord 83 -4 Video Gam AN ORDINANCE AMENDING TITLE 5 OF THE Regs NEWPORT BEACH MUNICIPAL CODE TO REGULATE (27) ELECTRONIC VIDEO GAME MACHINES. (Report from Assistant City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -154 approving a oil /Armst Memorandum of Settlement between Armstrong Pet & Mob Petroleum and Mobil Oil, and the City of Res 82 -15 Newport- Beach, and authorizing the Mayor (73) to execute. (Report from the City Manager) (b) Removed from the Consent Calendar. (c) Resolution No. 82 -156 authorizing the Tfk Signs • posting of stop signs for a three -way stop Res 82 -15 at Port Seabourne Way and Newport Hills (85) Drive West. (Report from Traffic Affairs Committee) (d) Resolution No. 82 -157 determining and Finance establishing an appropriations limit for Res 82 -15 the Fiscal Year 1982 -83 in accordance with (40) Article RIII -B of the Constitution of the State of California and Revenue and Taxation Code Section 7910. (Report from Finance Director) (e) Resolution No. 82 -158 amending Resolution Annual Pk No. 10020 which discontinues the issuance Permits of Transferable Annual Parking Permits by Res 82 -1° including restrictions for vehicles in (63) excess of 20 ft. (Report 'from Marine Department) (f) Resolution No. 82 -159 implementing Mid -Year Personnel Salary Adjustments approved in the 1982 -83 M-0-U's Memorandums of Understanding. (Report from Adjstm Personnel w /resolution) Res 82 -15 (66) (g) Resolution No. 82 -160 determining urban public We limits, functional classification of roads, Federal -I • and designating certain roads to be in the Sys Federal -Aid System. (Report from Public Res 82 -1E Works) (74) Volume.36 - Page 337 rong it 4 irks/ 3d I IYVb.I� 3. CONTRACTS /AGREEMENTS: • (a) Approve an Off -Site Parking Agreement for Off -Site Pkg American -Cal Medical Services #1, Inc., Agm C -2371 for a portion of the parking spaces (38) required as a Condition of Approval by U/P 1089 (A) the Planning Commission at its meeting of (88) August 5, 1982 in connection with the expansion of a convalescent hospital located at 466 Flagship Road, Newport Beach. (Use Permit No. 1089 Amended - Report from Planning) 4. COMMUNICATIONS - For referral as indicated: (a) To the Executive Assistant to the City Annexation/ Manager for analysis and report back to $Joaquin Res City Council, Southern California (21) Metropolitan Water District's request for favorable consideration regarding San Joaquin Reservoir - Operator Housing Annexation to the City of Newport Beach. (b) To Business License Supervisor for Pac Sailing response, inquiry from Mr, and Mrs. Bob La Ctr /Bus Lic Flamme regarding Pacific Sailing Center, (27) doing business at 3333 W. Pacific Coast Highway. (c) To Traffic Engineer for reply, letter from Tfk /Racing John Bushman regarding traffic and parking Events • during the Sunday racing events. (63) (d) To Police Chief for inclusion in the PD /Detntn records, report from Orange County Facs Rpt Division /Environmental Health regarding (70) investigation of health and sanitary conditions of the City's detention facilities. (e) To Parks, Beaches and Recreation for PB &R inclusion in their records, California (62) Parks and Recreation's notification of requirements for bidding /amending of concession projects. (f) To staff for reply, letter of inquiry Utilities regarding removal of utility poles from Crown (89) Drive to Pacific Coast Highway, from Joan M. Bracey. (g) To staff for reply, letter from President Transp/ of the West Newport Beach Association Shuttle Sys regarding the Shuttle System study. (86) Volume 36 - Page 338 • CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL �n 51 December 13. 1982 IhIncv • (h) To Public Works for response, letter from Bill Hellings regarding flooding in the low Public Wrks/ Flooding lying areas of the City during the high (74) tides. (i) To Public Works for inclusion in the records, Public Wrks/ suggestions from John Zartler regarding Back Bay dredging of the Back Bay. Drdg (74) (j) To staff for reply, letter from President Upper Npt of the Dover Shores Community Association Bay /Marine regarding legal responsibility of the (51) alleged accelerated silt flow and impaction on Upper Newport Bay; resultant damage to valuable asset of the City of Newport; and the public's interest and rights. (k) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Acknowledgment of thanks to the City of Newport Beach for donation to Orangewood, a new home for dependent children from their Board Chairman. (b) Minutes of Local Agency Formation Commission, Orange County, of October 27 and November 10, and preliminary agenda of November 24, 1982. (c) Notice of Interest regarding TELEPAK Service from Pacific Telephone. (d) Application No. 82 -11 -04 before the Public Utilities Commission of Southern California Edison Company for authorization to make changes to its Energy Cost Adjustment Clause ( "ECAC ") rates. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Chris Baird alleging property damage as a Baird result of glass light blowing off parking lot pole and landing on trunk lid of claimant's vehicle at Balboa Pier Parking Lot on November 9, 1982. (b) Prentiss M. Davis alleging vehicle towed Davis in error and street improperly posted (seeking reimbursement of towing charge) at Ticonderoga Street on November 21, 1982. • Volume 36 - 339 COUNCIL • • MINUTES December 13, 1982 (c) Teja W. Geldmacher alleging street light (glass) fixture fell on car while parked, thereby causing damage to windshield at Coronado Street on September 27, 1982: (d) Wiltold M. Jannas alleging boat damage as a result of dock coming loose during recent rain and wind storm at the Balboa Yacht Basin on November 30, 1982. (e) Norman E. Johnson alleging City dock at yacht basin broke apart during recent rain causing damage to claimant's 28' sailboat at the Balboa Yacht Basin on November 30, 1982. (f) Joel E. Loeb alleging personal injuries and property damage as a result of being tailgated by Police vehicle at Newport Boulevard and Finley on October 22, 1982. (g) Cody Mayasich alleging personal injuries as a result of being struck by bicyclist riding on boardwalk in front of 112 -1/2 Ocean Front on September 19, 1982. (h) Eric F. Mossman alleging personal injuries as a result of accident in City bicycle lane on Seashore Drive on October 2, 1982. (i) Harry and Dixie Pabst (claimant), alleging personal injuries as a result of fall on curb at front entrance when leaving Hoag Hospital on July 31, 1982. (j) Eugene M. Portner alleging personal injuries to head as result of traffic sign extending into crossing at eye level at intersection of Bristol and Birch Streets on August 26, 1982. (k) John F. Whelan alleging property damage as a result of construction work on the canal by 3412 Marcus, which caused flooding to apartment on 3412 Marcus Drive on November 1, 1982. (1) Charles J. Williams, dba Albatross West, alleging property damage as a result of sewer backup at 104 Main Street, Balboa on November 28, 1982. For rejection - not timely filed: (m) Household Federal Savings and Loan Association for Indemnificaion from the City, alleging negligent maintenance of trees /bushes along sidewalk adjacent to Martingale Way on December 10, 1981. Volume 36 - Page 340 IGeldmacher IJannas (Johnson ILoeb IMayasich IMossman Pabst Portner Whelan Williams/ Albatross West Household Fed S &L CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL n� December 13, 1982 �n�ncv 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Alvin Lesser for damages, Los Angeles Lesser County Superior Court, Case No. C431764. Claim was denied by City Council on October 25, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (Report from the City Manager) (a) One Police Clerk, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Confirmation of attorney fee estimates - Arpt Ltgtn/ AIRPORT LITIGATION. (Report from City O'Donnel & Attorney) Gordon C -2331 (38) (b) Removed from the Consent Calendar. (c) REGIONAL AIRPORT AUTHORITY. (Report from O /C -JWyn the Executive Assistant to the City Arprt Manager) (54) 10. PUBLIC HEARING SCHEDULING: (a) Public hearing set for January 10, 1983 Alley Impvms regarding COST OF WORK ACCOMPLISHED UNDER C -2316 • CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 (38) (ALLEY IMPROVEMENTS IN BLOCK 3, TRACT 27, CONTRACT 2316). (Report from Public Works) 11. RESUBDIVISION NO. 720 - Approve a subdivision Resub 720 agreement guaranteeing completion of the public (84) improvements required with Resubdivision No. 720; and authorize the Mayor and City Clerk to execute the agreement. (Lot 4, Block 142, Canal Section, located at 206 -43rd Street, on the southeasterly side of 43rd, Street, between River Avenue and Balboa Boulevard, in West Newport - Report from Public Works) 12. RESUBDIVISION NO. 719 - Approve a subdivision Resub 719 agreement guaranteeing completion of the public (84) improvements required with Resubdivision No. 619; and authorize the Mayor and the City Clerk to execute the agreement. (Lot 3, Block 142, Canal Section, located at 204 -43rd Street, on the southeasterly side of 43rd Street, between River Avenue and Balboa Boulevard, in West Newport Beach - Report from Public Works) • Volume 36 - Page 341 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s ROLL CALL_< PnP 0 December 13, 1982 - 11\ V GIB 13. APPROVE ENCROACHMENT PERMIT REQUEST FROM THE Encrchm Prmt • KOLL COMPANY - To add a planter to an existing Koll Co/ entry sign on the northeast corner of MacArthur (65) Boulevard and Von Karman Avenue, subject to conditions in the staff report. (Report from Public Works) 14. RESUBDIVISION NO. 728 - Accept the offer of Resub 728 dedication of access rights to University (84) Drive; accept the offer of dedication of a 10- foot -wide easement for pedestrian and bicycle purposes along the easterly boundary of the development; and accept the offer of dedication of the street light system along University Drive. (Parcel 2 of Parcel Map 3 -25 (Resubdivision No. 215), located at 2222 University Drive on the northeasterly side of University Drive between Irvine Avenue and the Orange County Flood Control Channel, in the west Upper Back Bay area - Report from Public Works) 15. SAN MIGUEL PARK (C -2358) - Approve the plans SMiguel Pk and specifications, and authorize the City C -2358 Clerk to advertise for bids to be opened at (38) 10:30 a.m., on February 2, 1983. (Report from Public Works) 16. MISCELLANEOUS CONCRETE CONSTRUCTION (C -2327) - Misc Cncrt Accept the work; authorize the City Clerk to Cnstrctn file a Notice of Completion; and release the C -2327 • bonds 35 days after Notice of Completion has (38) been filed. (Report from Public Works) 17. WATER MAIN REPLACEMENT PROGRAM (C -2221) - Wtr Mn Rplcm Accept the work; authorize the City Clerk to C -2221 file a Notice of Completion; and release the (38) bonds 35 days after Notice of Completion has been filed. (Report from Public Works) 18. HARBOR PERMIT APPLICATIONS - Approve the Harbor Perm following applications subject to conditions of Apl/ approval listed in the staff report. (Report (51) from Marine Department) 11109 -1707, 109 -1709 and 109 -1713 by Dr. Harold Morgan, Harvey Somers, and W. H. Farnsworth to build a wood retaining wall bayward of their properties at 1707, 1709 and 1713 East Bay Avenue. 19. Removed from the Consent Calendar. 20. BUDGET AMENDMENTS For approval: (25) BA -045, $3,632.62 Increase in Budget Appropriations and increase in Revenue Estimates for donation from Harbor Hills • Community Association for purchase of trees to be planted in Buffalo Hills Phase II; Park and Recreation - Street Trees Fund. Volume ;36 - Page 342 Motion All Ayes Motion Ayes Noes Motion 0Ayes Motion All Ayes Motion Ayes Noes Motion Ayes Noes Motion All Ayes • CITY OF NEWPORT BEACH CIL ME B RS MINUTES ti y 4P S� December 13, 1982 INDEX BA -046, $1,650.00 Increase in Budget Appropriations and increase in Revenue Estimates for Scholarship Fund Budget for Fiscal Year 1982 -83; Scholarship Fund. C. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from West Newport Beach Association City Atty/ President, requesting the City to proceed to Pembroke - trial (Pembroke -Hunt vs. City of Newport Hunt Beach), was presented. (31) X Motion was made to direct staff to report back with an update on the subject litigation and alternatives available to the City Council. 2. A report from the Executive Assistant to the 0 /C -JWyn City Manager regarding JOHN WAYNE AIRPORT Arprt M /Pln MASTER PLAN STUDY, was presented. (54) x Motion was made to amend the ,draft letter to x x x x x Bruce Nestande, Chairman of the Board of X x Supervisors, by deleting the third sentence of the third paragraph which reads as follows: "Neither is it the formal policy of Newport Beach to limit parking areas, or baggage handling, or the number of passengers." x Motion was made to delete the following language from Page 2 of said letter, first paragraph: ". the saga continues. A proposed 'ceiling' of 55 flights was soon followed by a proposal for 62, and soon we expect to hear 98. When will we hear 150 ?" X Motion was made to approve the draft letter as revised in the foregoing. 3. A REQUEST FROM THE CITY OF ANAHEIM for Legislation financial assistance in the amount of $500 to (48) fund the legal challenge of SB -90 claim, was presented. X Motion was made to deny the request, which motion x x FAILED. x x x x x X Motion was made to approve the request. x x x x x x x 4. Proposed resolution establishing the Ad -Hoc Council Election Procedures Review Committee, was Ad -Hoc Cmte/ presented. Elections (24) x Motion was made to adopt Resolution No. 82 -155, Res 82 -155 subject to appointment of members at a subsequent meeting. Volume 36 - Page 343 CITY OF NEWPORT BEACH C UNCIL ME B RS yG�� �� MINUTES ROLL CALL yd's p December 13, 1982 INDEX H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -30, being, Ord 82 -30 Dev Agm AN ORDINANCE OF THE CITY OF NEWPORT BEACH (68) AMENDING TITLE 15 OF THE NEWPORT BEACH Bldg MUNICIPAL CODE BY ADDING CHAPTER 45, (26) SECTIONS 010 THROUGH 090 THERETO, ESTABLISHING PROCEDURES AND REGULATIONS FOR THE ADOPTION OF DEVELOPMENT AGREEMENTS, was presented for second reading. Report from the Planning Department, was presented. Motion x Motion was made to adopt Ordinance No. 82 -30. Ayes x x x x x x Abstain x Council Member Hummel stated that he abstained from voting, as he was absent from the last Council meeting, has not listened to the tape, and therefore, does not feel qualified to vote on this item. 2. Ordinance No. 82 -31., being, Ord 82 -31 Recreational AN ORDINANCE OF THE CITY OF NEWPORT BEACH Acty /Spear AMENDING SECTION 11.24.020 OF THE NEWPORT Guns BEACH MUNICIPAL CODE PROHIBITING THE USE (62) OF SPEAR GUNS ON PUBLIC PIERS, was presented for second reading. Report dated November 22, 1982, from the Assistant City Attorney, was presented. Motion x Motion was made to adopt Ordinance No. 82 -31. All Ayes I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. PROPOSED GENERAL PLAN AMENDMENT NO. 82 -2: GPA 82 -2 Requests to initiate amendments to the Newport (45) Beach General Plan as follows: a) Newport Center - Block 600 - Request of Four Seasons Hotels, Ltd. to amend the Land Use Element to permit the development of a hotel within Block 600 of Newport Center; b) Belcourt /Aeronutronic Ford - Request of J.M. Peters to change the land use designation from "Low Density Residential" to "Multiple- Family Residential;" and c) Via Lido Bayfront - Request of Robert Glasser to change the land use designation from a mixture of "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" to "Multiple- Family Residential." • This request also includes an amendment to the Local Coastal Program, Land Use Plan, to change the designation From "Residential and Marine Commercial" to "'Multiple- Family Residential," was presented. Volume 36 - Page 344 L • Motion x Motion Ayes Noes x x x x Ayes x x x Noes x Abstain ion Ayes Motion All Ayes Ix x x x x x i x x x MINUTES December 13, 1982 Report from the Planning Department, was presented. A Supplemental Report from the Planning Department, was presented. Motion was made to approve the requests to initiate amendments to the General Plan as follows: a) Newport Center, Block 600 b) Belcourt /Aeronutronic Ford c) Via Lido Bayfront, including 3 parcels to the west on Via Lido Substitute motion was made to approve the request to initiate an amendment to the General Plan for Newport Center - Block 600, and to defer requests designated as b) and c) at this time, which motion FAILED. The motion on the floor was voted on and carried. 2. Report from the Marine Department regarding STORM RELATED DAMAGES TO THE BALBOA YACHT BASIN and asking for authorization for staff to make emergency expenditures to repair the damaged slips, was presented. Motion was made to adopt Resolution No. 82 -161, authorizing staff to contract for emergency repairs exceeding $12,000 on a "Time and Materials" basis with qualified marine contractor(s); and to approve Budget Amendment No. 047 in the amount of $30,000 as recommended by the Budget Committee. 3. APPEAL OF WALTER DRAKE FROM DENIAL OF AN APPLICATION to construct a driveway approach at 217 Fernleaf Avenue, was presented. Report from Public Works, was presented. It was noted by the staff that approval of the curb cut would not result in the loss of on- street parking space because parking is prohibited at all times on the southerly side of Seaview Avenue. Mr. G. L. Lewis, representing the applicant, spoke in support of the appeal and answered questions of the Council. Motion was made to approve the application. 0 11111111 Volume. 36 - Page 345 Balboa Ycht Basin Rpr (51) Res 82 -161 Drake /Drvwy (80) CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL `piP December 13, 1982 INDEX 4. APPEAL OF THIRTIETH STREET ARCHITECTS from 30th St Arch denial of an application for a driveway Drvwy approach on 37th Street for 3609 Lake (80) Avenue, was presented. Report from Public Works, was presented. It was noted by the staff that approval of the curb cut would not result in the loss of on- street parking spaces because the curb on 37th Street abutting 3609 Lake Avenue is painted red. It was also pointed out that all of the other three existing houses abutting 37th Street in the same block have garages facing 37th Street, although all have alley access available. Jim Wilson, applicant, addressed the Council and emphasized the three reasons he was requesting the curb cut, as set forth in his letter of November 23, 1982. Motion x Motion was made to approve the application. All Ayes K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to approve a letter from the O /C -JWyn All Ayes Mayor to Dr. William Ballhaus and Keith Arprt Site Murdoch, suggesting a meeting of the Blue Ribbon Committee with the Board of Supervisors regarding alternative airport site. V'on x 2. Motion was made to schedule a public hearing U/P 3011/ All Ayes for January 24, 1983, on Use Permit 3011, and Rsb 737 Resubdivision No 737. Motion x 3. Motion was made to authorize the Mayor to send Fed Usr Fee All Ayes a letter to President Reagan, similar to the letter sent by Supervisor Bruce Nestande, regarding the proposed 5% increase in the Federal User Fee on gasoline. Motion x 4. Motion was made to schedule a public hearing U/P 2095/ All Ayes for February 14, 1983, on Traffic Study, Use Tfk Stdy/ Permit and Site Plan Review No. 29 for Marriott St Pln 29 Hotel expansion. Motion x 5. Motion was made to approve Sound Amplification Permit /Snd All Ayes Party Permit 1182 -581 for Richard and Sandy Amplf Sewell, 1609 Lincoln Lane, for Thursday, (65) December 23, 1982, from 8 p.m., to 12 Midnight. The meeting was adjourned at 9:35 p.m., to Tuesday, January 4, at 4:00 p.m. 4- yrr VaATTEST : City Clerk Volume 36 - Page 346