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HomeMy WebLinkAbout11/09/1959 - Regular MeetingIndex n LJ Pets re cont: of v hicu: traf: Balb� Islas durii cent: peri< CA-71 • ` CITY OF NEWPORT BEACH Page 84 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: November 9, 1959 Time of Meeting: 7:30 P.M. pl�ra of waarina• C:rmnril r.hnmharc COUNCILMEN N1P O� FIN Roll Call: Present x x x I The reading of the minutes of October 26, 1959, was waived, the minutes were approved as written Motion x and ordered filed. All Ayes Because approximately one hundred and twenty -five residents of Balboa Island were in the audience, Mayor Stoddard dispensed with the regular order o business to take up the petitions signed by resi- dents and /or property owners on Balboa Island. Said petitions request the Council to adopt an ordinance in the interest of public health, safety, and welfare, regulating and controlling the vehicular traffic on Balboa Island and the traffic coming on and off the entrance ways to Balboa Island during certain periods; said pe- titions further state that during the summer mont s and Easter Week vacation periods, the vehicular e traffic on Balboa Island becomes extremely con - gested so that at times the flow thereof is at a standstill, and should fire or other emergency arise, it would be impossible for the Fire De- partment, Police Department, or other service de- partments of the City of Newport Beach to render "o aid.' Said petitions were signed by Mr. and Mrs. -' E. C. Nordstrom, Mr. and Mrs. Vincent De Rosa, Mr, -a and Mrs. H. E. Hedger, and Mrs. Wilber D. :12 Stockdale. )a ,d Mr. Marvin Johnson, President of the Balboa Islam ig Improvement Association, addressed the Council. Li He presented similar, additional petitions pur- ,d3 porting to bear approximately 2,000 signatures. He- introduced the following people in the audienc , who had participated as members of a Board, in endeavoring to solve the problem: Mrs. Marvin Johnson, Mr. and Mrs. Tom Smith, Mr. and Mrs. Jack Vance, Mr. and Mrs. George Jones, Colonel an Mrs. John Loy, Mr. and Mrs. Phillip Clark, Mr. an Mrs. Alfred Averyt, Mr. and Mrs. Phillip Maurer, and Mr. and Mrs. Fay Hansen.. Mr. Johnson explained fully the statements made i. the petitions. He stated that the people on the Island requested some immediate action be taken, that an ordinance controlling traffic be adopted. He suggested that a "looking gate" at the north side of the bridge be manned by Newport Beach policemen at peak periods during Easter Week and summer vacation; that the residents on the Island be engaged to help, that closing hours for the Island and a time for which the program starts an concludes be established. Mr. John Penney, Attorney representing the pe- titioners, spoke from the audience. Mayor Stoddard stated that in accordance with the wishes of the residents, it would be advisable to have the City Attorney and the Attorney for the residents, prepare an ordinance which would be restrictive as to the times of day and times of year when vehicular traffic would have access to the Island. He further sugg ted the a ATTEST: ��J\ JA S Mhjror qty Cterk I Page 84 FIN 4 CITY OF NEWPORT BEACH Page 85 - Volume 13 Index (November 9. 1959). COUNCILMEN x v� O O C y Nan <Z Lin of a- committee to work on the proposals made in connection with the preparation of an ordinance, said committee to be comprised of the following: Councilman Higbie, Chairman; Councilman Lorenz, Councilman Kingsley; the City Attorney or his Assistant; Mr. John Penney; and the City Manager. He "requested that Mr. Marvin Johnson select committee members to represent the Balboa Island residents. Mr. Johnson suggested Mr. Jack Vance, Mr. Alfred Averyt, Colonel John L. Loy, and Mr. Tom Smith as an alternative to Mr. Johnson. The petitions were received and filed and the appointment of the committee as suggested by Mayo Stoddard and Mr. Marvin Johnson, was approved, with Councilman Clarence Higbie as Chairman with the authority to appoint additional members from Motion x the business group on Balboa Island. All Ayes Mayor Stoddard stated that there was a problem re Ducks garding the ducks on Balboa Island, and that the on Health Department would be unable to determine th Balboa cause of pollution in the Bay if the ducks were Island allowed to multiply. Therefore, action was being CA-10c taken to rid the Island of the ducks. Mayor Stoddard declared a five minute recess. The meeting reconvened with all Councilmen presen excepting Councilman Somers, HEARINGS: 1. The Mayor stated that the City -owned property located at Brookhurst and Adams, being approx - mately 86 acres had been offered for sale at the Council meeting held October 26, 1959. One bid had been received in the amount of $452,600, and that the final decision as to the acceptance of the bid of Roy K. Sakioka was continued until November 9, 1959. . Councilman Somers rejoined the meeting at this Sale time. of 86 acres The Clerk read a letter dated November 9, comple ed 1959, signed by Roy K.. Sakioka and Sam Keyes., CA -38 Realtor, in which the condition of the bid as presented on October 26, 1959, that Mr. Sakioka have an option to have the first refusal on the portion of 350`x340° being retained by the City, was withdrawn. The bid of Mr. Roy K. Sakioka, as amended, Motion x was accepted. Roll Call: Ayes xxxxx: The City Manager and City Attorney were Motion x instructed to complete the sale to Mr. All Ayes ' Sakioka. ATTEST: S Mayor City rXert Page 85 Lin Index 0 P rc zox amE CA- 0 0 Use Per 557 CA- 0 CITY OF NEWPORT BEACH Page 86 - Volume 13 (November 9_ 19591 COUNCILMEN 0 2. Mayor Stoddard opened the meeting for a public hearing regarding proposed ordinances amendin Zoning Regulations of the City, and"trans- ferring swimming pool regulations from the Article of the Municipal Code on Zoning to the Article on Building Regulations. The Mayor stated that letters had been received, opposing certain proposed changes in the zoning ordinance, from the following: posed The Sturtevant Corporation (two letters); ling Dwyer - Curlett & Co.; Jakosky Company; Rod ndments Lippold, Attorney representing the Mariners 10 Mile businessmen; Albert Snyder; and ,Earl W. Haskell, representing Port Orange, Incorpo- rated. A discussion ensued regarding said proposed amendments as set forth in a summary prepared by the City Attorney and the Planning Director. The following people spoke from the audience: Mr. John Vogel, Mr. J. W. Drawdy, and Mr. Thomas Hayes. Further consideration of the following para- Motion x graphs in said summary was continued to All Ayes December 14 1959: Paragraph 3 (Sections 9103:51 913.52); Paragraph 5.(9103.61, 9103.62 ; Paragraph 6 (9104.21); Paragraph 9 (9105.5 Paragraph 12'(9106.31, 9106.32); and Paragraphs 2 (9103.15, 9103.25, 9103.37); 8 (9105.4) were held over for discussion at some future date; and it was requested that in the meantime the Planning Commission hold meetings with the Mariners Mile group and advise the Council regarding the paragraphs, set forth above, as to recommendations for changes. The City Attorney was requested to proceed with the redrafting of the ordinance in accordance with proposals for Paragraphs 1 (Sections 9103.13, 9103.23 9103.35); 4 101( the 9105. 8)10116(i106.22,59106.24)05andh other Sections as amended for clarification purposes only. 3. The Mayor opened the meeting for a public hearing regarding the appeal of Mrs. M. B. nit Prescott from the decision of the Planning Commission denying Use Permit Application No. L5 557 for permission to retain an existing bumper guard which is located within the 5' rear yard setback; Lot 24, Block 6, Balboa Island Tract, Zone R -2; being 112 Apolena Avenue, Balboa Island. A letter was presented from Mrs. M. B. Prescott, dated October 20, 1959, and a letter from Major Leona B. Prescott, dated November 2, 1959. (� \(� ATTEST: d 5 Mayor sty C er t Page 86 Index R re P03 461 adc CA• r 1 L.J S tr swe req CA- Out Can CA- Abai Edgd Ave CA- 9 CITY OF NEWPORT BEACH Page 87 - Volume 13 (November 9. 1959) COUNCILMEN zm3���y yoZ ar^O m �o x x x The findings of the Planning Commission were read by the Clerk. Mrs. W. H. Prescott, her son -in -law, Mr. Gordon McRae, and her son, Mr. Warren E. Prescott, spoke from the audience. The hearing was closed. Motion x All Ayes The findings of the Planning Commission were Motion adopted and upheld by the Council, and the Ayes x x x x Application for Use Permit No. 557 was denied. Noes xi i114 4. Mayor Stoddard opened the meeting for a public vacation hearing regarding Resolution No. 5101, being 7tion resolution of intention to vacate, close up :h St. and abandon a portion of 46th Street. No one ipted wished to speak from the audience and the Motion x •14 hearing was closed. All Ayes Resolution No. 5114, ordering the vacation, closing up and abandonment of a portion of a Motion x certain street known as 46th Street, was. Roll Call adopted. Ayes x x x x x COMMUNICATIONS: 1. The following communications were ordered Motion x filed: (Agenda Items F 1(a), (b), 2(a), (b), All 1yes (c)) eet (a) A letter from Margaret Ellen Gilliland, eping 1134 East Balboa Boulevard, Balboa, uest dated October 26, 1959, requesting that 35 D Street be swept. (b) A second letter from Mrs. Gilliland, dated November 3, 1959, expressing appreciation for prompt service. (c) A letter from Norm Durkin, President of the Newport Harbor Outrigger Canoe Association, expressing appreciation for rigg r the financial assistance and efforts oe Races contributed toward helping to send a 49 crew to Hawaii for better sportsmanship and further development of boat and water sports in general. (d) A similar letter from Jack Barnett on behalf of said Association. (e) A report from Lifeguard Chief Robert Moore regarding the outrigger canoe race 2. (Agenda Item F -4) A letter from John W. idonment Graves and Katherine B. Graves, 326 Anade :watilr Avenue, Balboa, protesting "any abandonment or vacation of Edgewater Ave. from Alvarado L4 P1. to Buena Vista Ave. as such abandonment would deprive the property owners, residents and their families and friends on Alvarado Pi., Montero Ave., Anad Ave., Island ve. Lindo Ave. and Bay Ave. f a aunbat g n ATTEST: Mayor ty er Page 87 x x x Index • We re Tr CA I L-A Ne Ha aq sp ar CA Ha Ar Co. Co" AS Re Ne, C- 0 CITY OF NEWPORT BEACH Page 88 - Volume 13 (Nnxyarnhav Q 1 Q SQ 1 COUNCILMEN n ➢. 0 vA me N y P N U < Z m o -I swimming beach and would depreciate property values on'the above mentioned streets," was presented. Said letter was referred to the committee Motion x studying subject problem. All Ayes 3. (Agenda Item F -5) A petition, signed by ed Vivian Mayne and Lucille P. Cameron, re- moval questing that the Council take the necessary 772 steps to remove the weeds from City streets -11 in Tract No. 772, was presented. Said petition was ordered filed and it was Motion x directed that the weeds be removed by the All Ayes City unless the property owner has commenced the removal of weeds by November 18, 1959. 4. (Agenda Item F -6) A letter was referred to Motion x the Parks, Beaches and Recreation Commission All Ayes; from David I. Nielsen, President of the Newport Harbor Kiwanis Club, enclosing a wpo t resolution passed by the Board of Directors rbor of said Club, urging the Council to encourage vatic and support any measure which would help to orts expand the importance of the Newport Harbor ea Aiea as an aquatic sports area, and to assist -49 in the establishment in the area of an Olympic -sized swimming pool and appropriate diving facilities. rbor 5. (Agenda Item F -7) A notice of the formation ea of a Harbor Area Community Council inviting mnun•ty all interested organizations and individuals LinciL to participate in its first meeting to be SNS. held Thursday, November 19, at the Newport Harbor Union High School, was presented and Motion x ordered filed. All Ayes zewa 6. (Agenda Items F 8 (a), (b), (c)) The pro osa , #por of Mr. and Mrs. Kenneth Farnsworth for the Pier renewal of the Newport Pier lease which ex- lease pires February 14, 1960, and letters 594 recommending that the lease be executed with Mr. Farnsworth, which communications were held over from the meeting held October 13, 1959, for consideration on November 9, 1959, were presented. A report from the City Manager and a letter from Mr. Dave Fink, written in July, 1959, stating that he is interested in having the sportfishing concession lease on the Newport Pier, were presented. Mr. Farnsworth and Mr. Dave Fink spoke from the audience, A letter was presented from Anson B. Jackson, III, suggesting that a liferail on the Pier-, similar to the rail which now goes out about halfway, be continued its full length, and that liferings be hung along the rail. A discussion was had regarding specifications for the proposed lease in order that bids could be received. (\ ATTEST: yor G city Clerk Page 88 Index Board Resol CA -53 11Maste Plan o Refuse Dispos CA -69 CA -69 Beach Peti re alle • CA- CITY OF NEWPORT BEACH COUNCILMEN Page 89 - Volume 13 (November 9. 1959) Subject communications were referred to the City Manager and, after investigation, if he thinks that the specifications for bids should provide for liferings and a liferail, they should be included. Mr. Donaldson of Dittmar and Donaldson, spoke from the audience. Mr. Fink and Mr. Farnsworth were requested to obtain the specifications and to submit bids if they so desired. The City Attorney was instructed to prepare a bid form to be filled out and submitted, in an envelope, at the study session of the Council to be held November 16, 1959. 7. The following communications were ordered filed: (Agenda Items F -9, F =10) (a) A letter from the County Clerk of Orange County, enclosing a resolution of the Board of Supervisors appproving a certain sublease dated October 8, 1959, between the Newport Dunes, Inc., and the Union Oil Company of California, and a letter - amendment thereto dated October 8, 1959. (b) A letter from A. S. Koch, Orange County Surveyor and Road Commissioner, sub - mitting an economic study entitled "Piaster Plan of Refuse Disposal - A Proposal," stating that a hearing on said report would be held on November 4, 1959, in the County Court House. 8. The following communications were ordered filed: (Agenda Items F -11, F -12) (a) A copy of a resolution of the Board of Supervisors of Orange County, adding ing eleven priority projects to the fiscal M program for the fiscal year 1959 -60 of the Arterial Highway Financing Program. (b) A notice from the U. S. Army Engineer Division, South Pacific Corps of Engineers, San Francisco, stating that the report on Orange County from the entrance to Newport Bay to the mouth of San Mateo Creek, relative to beach erosion, has been made by the District and Division Engineers, further stating that the report is favorable to Federal participation in the improvement and protection considered. 9. (Agenda Item F -13) A petition was presented, purporting to bear fifteen signatures of property owners in Block B and Block 443 of ant Tract No. 673, Corona del Mar, opposing the proposed abandonment of an unimproved alley i Corona del Mar, which uns- -diagonal from Poppy to Hazel. 9 ATTEST: M Mayor 'City ' e 7 page 89 Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes r L CITY OF NEWPORT BEACH - Page 90 - Volume,13 Index (November.-9. .1959) COUNCILMEN ♦ N < Z m O Said proposal was submitted to the'Council on October 26,-1959,-And consideration of the matter was continued for discussion on November 9, 1959. Mrs. Mary Fitz and Mr. Earle Doane spoke from the audience. The "matter was referred to the Planning Commission for recommendation to the-Council, and "the Public Works-Director was requested Motion x to prepare a drawing. All Ayes 10. The following communications were ordered Motion x filed: (Agenda Items F -14, F -15, F -16) All Ayes PK,oll (a) An excerpt from the minutes'of the Annexa ion Boundary Commission of Orange Count CA -108 stating that the boundaries of the Roll Annexation to the City of Costa Mesa are reasonably definite and certain . although it cuts property lines. (b) A copy of a resolution adopted on Irvine Ave. October 28, 1959, by the,Board of Super- one-wa7 visors of Orange County directing that " "that portion of Irvine Avenue between CAal14 the prolongation of the northerly right of way at 21st Street and the northerly City limits of the City of Costa Mesa, all lying within the unincorporated territory of the County of Orange" be designated a one -way highway for southbound traffic. Master (c) A copy of a letter to the Director of Plan Parks and Recreation from the Newport CdM Beach Harbor Board.of Realtors requesting re- CA -49 consideration of one phase of the Master Plan for the Corona del Mar Beach, i.e.., that every available space on the beach should be used for those interested in the beach and that facilities for bowlin greens, shuffleboard, at cetera, be placed in other parks. LICENSES: The following pplications for License were Motion x Licens sapproved: (Agenda Items G 1, 2, 3) All Ayes CA -63 1. Exempt License, Jacob A. 0. Stub, 635 West Avenue, Fullerton, house -to -house soliciting, sale of encyclopedias, World Book and Childcraft.. Applicant represents Field Enterprises Educational Corporation. 2. Exempt License, Alphonse A. Belprez, 21121 Bluebird Canyon Drive, Laguna Beach, house -to house soliciting, sale of encyclopedias, World Book and Childcraft. Applicant represents Field Enterprises Educational Corporation. 1 3. W. W. Matthews, dba Automatic..Games Company, 2379 Orange, Costa Mesa, or one skil amer- ATTEST: ("1 ycr My MAR Page 90 CITY OF NEWPORT BEACH Page 91 - Volume ,13 Index (Nntmmhar Q 7QSQl COUNCILMEN � 9a a Ni°n <Zmo. • (shuffleboard); Jays Hideaway, 507 East Bay Avenue, Balboa. PIER PERMITS: The following applications, having.been recommended for appproval by the Joint "Harbor Committee on " Motion "' x NNovember33,41959, were approved: (Agenda Items All Ayes $ > > ) Pier 1. W. L. Nickels to construct a concrete seawall Permi s bayward of Lot 4, Tract No. 1011, being No. 4 CA -13 Balboa Coves. 2. Irving C. Jordan and Dominic Meglia to construct a concrete seawall bayward of Lots 886, 887 and 1/2 of 888, Tract No. 907, being 205 and 209 Via Lido Soud. 3. Van S. Pomery and John Coogan to construct a concrete seawall bayward of Lots 6 and 7, • Block 434, Canal Section, being 3411 and 3413 Finley Avenue. 4. Joseph Copp for permit of an existing pier and float baywand of Lot 15, Block 14, Sectiot 3, Balboa Island, being 803 North Bay Front, Balboa Island. 5. The Irvine any to construct approximately beat 43 slips on Irvine Company property lying northwesterly of Coast Highway and Bayside Drive Extension, Upper Newport Bay. Subject to approval of the U. S. Corps of Engineers. ADDITIONAL BUSINESS: Corp- 1. (Agenda Item I -1) The plane and specifications oration for construction of additional storage and Yard Lids workshops at the Corporation Yard (Drawing No CA -38 L- 2859), were approved and the City Clerk was authorized to advertise for bids to be opened in the Clerk's 10:30 A.M., Motion office at on x December 3, 1959. All Ayes R 511 (Agenda Item I -2) Resolution No. 5115, being rt re Ai p a joint resolution of the City Council of the adopted City of Newport Beach and the City Council of CA -64 the City of Costa Mesa, urging the Orange County Board of Supervisors to limit runway length and develop the Orange County Airport Motion x in the best interest of the surrounding areas Roll Call: was adopted. Ayes x x x x x x x Insur cg,. (Agenda Item I -3) The surety bonds of the bonds Great American Insurance Company, dated approved November 2, 1959 for the construction of C -644 Additions to Police wing, being a labor and material bond in the amount of $38,211.50 an bond in $38,21.5 a performance the amount of , with Don Hickey Construction Company, princi- pal, and the City of Newport Beach, obligee, Motion x were approved. All Ayes � ATTEST: M yor city Gleriq page 91 CITY OF NEWPORT BEACH COUNCILMEN Page 92 - Volume 13 Index November 9 1959) H C R r4 P7 s+ ai Cj R ri C1 ai C F__ L_ V' W. R a, Cl ai C, F__ L_ O� ri M, 1 W P. 2 C. R r, M, a, 17 x v� �ameo Secretary of State that the annexation of ighla ds "Cameo Highlands Annex" was endorsed, filed OIL Motion x Annex November 2, 1959, was ordered filed. All Ayes A -1.08 5. (Agenda Item I -5) Resolution No. 5116, de- 5116 claring certain real property to be surplus, a sur lus authorizing its sale, and setting out the pro roper y cedure for its sale; regarding Parcels A, B, ile C and D. a resubdivision of Lots 7 and 10, loptec Block 50, River Section; setting the date for k -38 submission of bids and the opening and Motion x announcement of bids on December 14, 1959, Roll Calld was adopted. Ayes x x x 5117 6. (Agenda Item I -6) Resolution No. 5117, con- If a gas stinting to and authorizing the conveyance by )ntra t Humble Oil & Refining Company, a Texas corpo- lopte ration, of its rights, privileges and oper- -595 ations under the Elliott contract, to Humble Motion x Oil & Refining Company, a Delaware corporatio ,Roll Call: was adopted. Ayes x x Llla 7. (Agenda Item I -7) A report was presented from iy dr inage the City Manager and Public Works Director re 5118 garding the receipt of five bids by the City aardi g Clerk on November 5, 1959, for the constructi n antra t of drainage improvements in Villa Way, from Joptec 316t Street to 29th Street, in 29th Street, k -154 from Villa Way to Newport Bay. Resolution No. 5118, awarding the contract for the construction of drainage improvements in Villa Way, from 31st Street to 29th Street in 29th Street, from Villa Way to Newport Bay to the low bidder, M. C. Nottingham Company, at the contract price of $11,650, and author- Motion x izing the Mayor and City Clerk to execute Roll Call: said contract, was adopted. Ayes x x x 8. (Agenda Item I -8) Ordinance No. 900, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2702 OF THE MUNICIPAL COD rd. 9 0 OF THE CITY OF NEWPORT BEACH RELATING TO a Cou cil COUNCIL MEETINGS, cretin s it reeding (setting the time of 1:30 P.M. on the second lived and fourth Mondays of each month for regular issed to "study sessions" of the Council and the third ld reeding Monday of each month at 7:30 P.M. as the time A -90 for a regular "study session" of the Council) was introduced. The first reading of said ordinance was Motion x waived, and Ordinance No. 900 was passed to Roll Call: second reading. Ayes x x 5119 9. (Agenda Item I -9) Resolution No. 5119, autho - a par ling izing the installation of additional parking titers meters at selected locations in the Balboa Motion x iopte area, per the request of the Balboa Improve - Roll Call: i -20 ment Association, was opted. A s x x x TTEST. y Mayor ty �r c Page 92 K X 1 4. (Agenda Item I -4) A notification from the K X 1 I' I C !R I E E C F_ L CITY OF NEWPORT BEACH Page 93 - Volume 13 COUNCILMEN 10. (Agenda Item I -10) A proposal that the Lifeguard personnel become safety members of 2 5120 the State Employees' Retirement System was re State presented by the City Manager. Employees Retirement Resolution No. 5120, being a resolution of System intention of the City Council of the City of ad563e Newport Beach declaring its intention to appprove an amendment to a contract between ttie Board of Administration of the State Employees' Retirement System and the City Motion x Council'of the City of Newport Beach, was Roll Call: adopted. Ayes x x x x x i 11. (Agenda Items 111(a), (b)) The expense ;ity Mgr- claims of the City Manager for his attendance axpens s at the League of California Cities conference ,A`87 in San Francisco, October 18 through 21, 1959., and the International City Managers' Association conference at St. Louis, Missouri Motion x October 25 through 29, 1959, were approved. All Ayes 12. (Agenda Item I -12) A brief discussion was ,iabil ty & had regarding modification of insurance re- 31ande quirements relating to liability and slander Lnsurar ce coverage, in connection with a memorandum to ;A -68 the City.Manager from the Assistant to the City Manager, dated November 2, 1959. 13. (Agenda Item I -13) A memorandum from the Parks, Beaches and Recreation Commission, 'relim' nary dated November 6, 1959, to the City Manager, )lans regarding "Commission Approval of Corona del ;dM State Mar Preliminary Plans — Public Service Area x City Noe 1," was presented, wherein the Commission leach ;A -49 voted unanimously to approve said plans as presented by Mr. William E. Blurock. Approval was given of the preliminary plans for Corona del Mar State and City Beach, as submitted to the Parks, Beaches and Motion x Recreation Commission by the architect. All Ayes t 5121 14. (Agenda Items I 14(a), (b)) Resolution No. .e imp s. 5121, authorizing the Mayor and City Clerk to .n 86 acres execute a contract with the City of Ldopted Huntington Beach under which Newport Beach :A -38 agrees to make street improvements in connection with the subdivision of property owned by the City of Newport Beach, located at the corner of Brookhurst and Adams (being the portion of property proposed to be re- Motion x tained by the City in the sale of the 86 Roll Call: acres), was adopted. Ayes x x x x: . 5122 -e Deed Resolution No. 5122, authorizing the Mayor tasement and City Clerk to execute a Deed granting a Ldopted street easement to widen Brookhurst an A -38 additional 20' at Brookhurst and Adams (along Motion x the property being retained by the City), Roll Call: was adopted. Ayes x x x x x 15. (Agenda Items I 15 (a), (b)) Resolution No. 5123, adopting a map showing a portion of a certain street known al 4th Street, ATTEST: _/ Myor City Clerk Page 93 CITY OF NEWPORT BEACH COUNCILMEN Page 94 - Volume 13 N , O Index I (Novemher - 9 _ 19 S9l • is proposed to be vacated, closed up and Motion R 5123 abandoned, was adopted. Roll Call re abandon- Ayes x x x x x x ment ortio'Resolution No. 5124, being a resolution of 44th St. intention to order the closing up, vacation and R 5124 and abandonment of a portion of a certain adopted street known as 44th Street, setting the Motion- x CA -14 hearing thereon for the 14th day of Roll 'Call December, 1959, was adopted. Ayes x x x x x x x R 512 16. (Agenda Item I =16) Resolution No. 5125, auth. authorizing the Mayor and City Clerk to contract execute a contract with B & Y House Movers demolition for -the demolition of structures at the Motion x CdM b dgs. Corona del Mar State and City Beach Park, at Roll Call adopted the contract price of $2995, was adopted. Ayes XXXXXXX CA -49 The letter- request of Mr. J. W. Young to Young withdraw his proposal for the demolishing withdrawal wal and removing of certain buildings at the contract Corona del Mar State and City Beach, at a .0 -645 cost of $2600, was approved and he was Motion released'from his obligation to perform the x contract. All Ayes 17. (Agenda Item I -17) Approval of Final Map of Tr 3542 Tract No. 3542, easterly of MacArthur and northerly of Fifth, was held over for consideration at a later date. (Agenda Item I -18) The recommendations of Tr. 338. the City Manager and Public Works Director improv mentsthat the improvements in Tract No. 3379 comple ed (easterly of Irvine Avenue and northerly of CA -23 22d Street) as specified in the agreement with Dike and Colegrove, Inc., be accepted; and the surety bond guaranteeing said im- provements; be released, were approved and Motion x authorized. All Ayes 19. The following Budget Amendments were Motion x . aap,oved: (Agenda Items 119(a), (b), (c), All Ayes Budget Amendm nts (a) No. C -33, in the amount of $1500, being C -33, an Increase in Budget Appropriations -34' C-35,(1-36, from Unappropriated Surplus, General, C -37 to Professional Services, Other; funds for census of housing block statistics approved CA -102 to be prepared by U. S. Bureau of the Census in 1960. Council on May 25, 1959, authorized the City Manager to negotiate a contract, but the required money was not appropriated in 1958 -59, nor was it budgeted for 1959 -60. (b) No. C -34, in the amount of $1425, being an Increase in Budget Appropriations from Unappropriated Surplus to Finance Administration, Salaries and Wages, Regular: (1) Frisbee & Co.'s auditing of Tate's and Poudrier's Corona del Mar Main Beach accounts, $225; (2) Frisbee ' & Co.'s preparation of a monthly operating statement and special account- ing assistance for ember and December, $1200. TTEST: IV\ 0-14t2= Citv Clerk aqe 94 Mayor e••, CITY OF NEWPORT BEACH Page 95 - Volume 13 Index o. Tar a\ COUNCILMEN p 2+N �2 m0 C-35, in the amount of $395, being an Increase"in Budget Appropriations from Unappropriated Surplus, Parks and Recreation, to P;B.&R. -,Corona del Mar State Beach Park, Land Improvements and Building Demolition, for additional funds for demolition of buildings at Corona de Mar Beach. (Bid for demolition of buildin s was increased by the above amount. (d) No. C -36, in the amount of $4150, being a Transfer from Irvine Avenue -Dover and Highland Storm Drain Project to Villa Way -29th Street Storm Drain Project. (e) No. C -37, in the amount of $250; being an Increase in Budget Appropriations from Unappropriated Surplus, General Fund, to Public Works, Engineering, • Professional Services, Other; and an Increase in Revenue Estimates, in the amount of $250; for fee for appraisal of lots in Tract No. 772 in connection with right of way access for street purposes (developer to advance fee). 20. The City Attorney presented for approval the Big Ca yon following items comprising the final payment Reservoir to Montgomery Ross Fisher, Inc:, for the Big final Canyon Reservoir Project: $98,311.05, payment representing the amount retained from progress C -551 payments and for the payment for final quantities under the contract; the sum of $4898.09 for a benching operation, which work was accomplished pursuant`to order of Super- vising Engineer James M. Montgomery; the sum of $6000 in settlement of the additional claims presented by Montgomery Ross Fisher, Inc., for compensation occasioned by an alleged change in specifications; aggregating $109,209.14; a thirty -one day time extension under the contract was recommended. Approval was given for the time extension Motion x and said final payment. All Ayes The City Attorney was complimented for his excellent work in connection with this matter. 21. The meeting was adjourned. Motion x All Ayes ATTEST: Mliyor G City q1eriq Page 95