Loading...
HomeMy WebLinkAbout04/28/1969 - Regular Meetingdex Asmt Dist 52 0 CITY OF NEWPORT BEACH Volume 22 - Page 220 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: April 28, 1969 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers Roll Call: Mayor Marshall presented to Vice Mayor Lindsley Parsons a five -year service pin with the City's deep appreciation for his long, conscientious and effective work on the City Council. The reading of the Minutes of the Adjourned Regular Meeting of April 7, 1969 was waived and said Minutes were approved as written and ordered filed, HEARINGS: 1. Mayor Marshall opened the public hearing in connectioi with Assessment District No. 52 (Harbor Highlands) for the purpose of determining whether the public con- venience and necessity require that proceedings be commenced to construct certain street improvements pursuant to the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of California, without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, said improvements to consist of the construction of street lights and sidewalks, as set forth in Resolution No. 6942. City Clerk Laura Lagios stated that affidavits relating to publication of Notice of Hearing, the mailing of printed Notice of Hearing and the posting of the Notice of Improvements were on file in her office, Mayor Marshall asked the City Clerk if any written protests or objections to the undertaking of said proceedings without first complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 had been received. The City Clerk stated that twenty -six letters of protest against the Assessment District had been received from Norman H. Miller, 1406 Irvine Avenue; Beverley J. Hamilton, 2015 Deborah Lane; W. Bernice Crandall, 2001 Deborah Lane; Mr. and Mrs. William Dyke, 2000 Deborah Lane; W. Rumberger, 1830 Irvine Ave- nue; Mr. and Mrs. Guenter H. Guthoff, 2007 Deborah Lane; Mr. and Mrs. Robert Wilcox, 2027 Deborah Lane; Mrs. Ralph R. Carhart, Deborah Lane; Richard E. and Carol J. Whalen, 1936 Teresita Lane; Roger and Anne H. Weigand, 1918 Deborah Lane; Martha Grimmond, 2018 Deborah Lane; Henry and Ruth Nebbia, 2112 Dover Drive; Barbara Etherington, 1901 Diana Lane; Larry and Joyce Dabolt, 1900 Beryl Lane; Page 220 Present Motion Ayes COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 221 Index April 28, 1969 COUNCILMEN 4 9 C. A Z Z O Z f p p1 Mr. and Mrs. Joseph Kuhn, 2001 Diana Lane; Corinne Stoughton, 2000 Diana Lane; Donald and Eliane Det- weiler, 1436 Irvine Avenue; Joseph L. and Nancy S. Green; Millie'.Long, 1442 Irvine; Larry and Jananne Miller, 1512 Sylvia Lane; E. H. Conway, 1507 Sylvia Lane; C. F. Colsworthy, 1912 Beryl Lane; Mrs. Harland Anderson, 1915 Diana Lane; Mr. and Mrs. William L. Sedlak, 1906 Diana Lane; Donald W. Fraser, 1921 Beryl Lane; and letters from Carl Cot - man, 1939 Teresita Lane, stating he originally signed the request for lights on Teresita Lane but has since changed his opinion and withdraws his name from the petition and opposes the improvement, and from Herbert M. Parker stating that he agrees with the installation of street lights and sidewalks and stating however at his own expense he has added sidewalks around his home at 1518 Mariners Drive and does not wish to be assessed for whatever sidewalks are in- stalled.in the rest of Harbor Highlands area. A report from the Public Works Director was pre- sented. Mayor Marshall asked if anyone present desired to be heard. Mr. D. Bergman, 2001 Deborah Lane, spoke from the audience in opposition to the Assessment District. Maxine Williams, 1915 Teresita Lane, spoke in favor of the Assessment District. Carl Cotman, 1939 Teresita Lane, and other members of the audience participated in a discussion as to the areas in which the street lights and sidewalks were proposed to be installed and assessment costs. • Public Works Director Joe Devlin reported that 17. 5% of the residents in the area opposed the installation of sidewalks and 14. 5% opposed the installation of street lights. Mayor Marshall closed the hearing with the unanimous consent of the Council. 6968 Resolution No. 6968, determining that further pro- ceedings of the proposed construction of work improve ments in Assessment District No. 52 be conducted without full compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and directing the Public Works Director to prepare plans and specifications for the work, was amended to eliminate the installation of all sidewalks included in the Assessment District and Motion x was adopted after the reading of the resolution was Roll Call: • waived by unanimous consent of the Council. Ayes x x x x x x x Page 221 Pacific 'outhwe st Realty Appeal • n U 'awnbrkrs secondhand )eale rs / sunk )ealers • CITY OF NEWPORT BEACH Volume 22 - Page 222 April 28, 1969 2. Mayor Marshall opened the public hearing regarding the appeal of Pacific Southwest Realty Company from the Planning Commission condition imposed on Use Permit No. 1425 requiring a 5 -foot setback for the bank building along the property line at 3451 East Coast Highway, Corona del Mar, in an R -1 Zone. The appeal application from Pacific Southwest Realty Company was presented with a report from the Plann Director. Planning Director Larry Wilson reported on the findings of the Planning Commission. Ted Roelfsema, Assistant Vice President of Pacific Southwest Realty Company, spoke from the audience and requested a zero foot setback and stated that a ten -foot corner cutoff for sight distance was fully acceptable. Mayor Marshall closed the public hearing with the unanimous consent of the Council. The findings of the Planning Commission were over- ruled, and in lieu of a five -foot setback requirement, a zero.setback was permitted with -the exception of a 10' x 10' cutoff on the corner of the alley on Narcissus Avenue to be accomplished by moving the presently located escrow office; and the northerly 6' of the Motion parking lot is to be dedicated to the City. Ayes ORDINANCES FOR ADOPTION: 1. Ordinance No. 1295, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.10 TO THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS was presented for second reading. Action: Ordinance No. 1295 was adopted after Motion the reading of the ordinance was waived Roll Call by unanimous consent of the Council. Ayes Page 222 COUNCILMEN CITY OF NEWPORT BEACH Volume 22 - Page 223 Index April 28, 1969 2. Ordinance No. 1296, being, Parking Meter AN ORDINANCE OF THE CITY OF NEWPORT Zones BEACH AMENDING SECTION 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING METER ZONES, establishing on- street parking meter zones on 18th Street from Balboa Boulevard to Bay Avenue and on 19th Street from Bay Avenue to the Bay, was presented for second reading. Letters from Verd'a Kincaid, owner of 1405 and 1801• West Bay and 1811 West Balboa Boulevard, Ronald E. Goll, 1812 W. Bay, Mr. and Mrs. T. E. Hyans, 217 19th Street, protesting the installation of meters on 18th Street and 19th Street were presented. COUNCILMEN Ordinance No. 1296 was adopted after the reading of Motion the ordinance was waived by unanimous consent of the Roll Call: Council. Ayes 3. Ordinance No. 1297, being, Gambling AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10. 16 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GAMBLING PROHIBITION, regulating games of skill as well as gambling, was presented for second reading. A report from the City Attorney was presented with a letter from the Community Youth Center of Newport • Harbor stating that they are deeply disturbed over the implications of subject ordinance as it might apply to the Community Youth Center carnival and also to the Balboa Lions annual lobster bake. Ordinance No. 1297 was amended to delete the words "or any other device" in Sections 10. 16. 010 through 10. 16. 030, and the matter was continued for second Motion reading of the amended ordinance on May 12, 1969. Ayes ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1298, being, Special Sales AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 5.16. 120 ENTITLED "WAIVER BY CITY MANAGER ", TO CHAPTER Page 223 .. O W Weed Abatem • Distric Map 27 r 1 lJ Districl Man 4 11 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 224 `N` x April 28, 1969 `N`I1 5. 16 RELATING TO SPECIAL SALES, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, TO ALLOW AN EXEMPTION FOR LOCAL MER- CHANTS WHO ARE DISASTER VICTIMS, was presented with a.report from the City Attorney. Ordinance No. 1298 was introduced and passed to Motion x second reading on May 12, 1969. Ayes x x x x 2. Proposed Ordinance No. 1299, being, snt AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.48.035 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE TO AUTHORIZE THE ABATEMENT OF WEEDS ON SPECIFIED PARCELS OF PROPERTY AS SEASONAL AND RECURRENT NUISANCES, was presented with a report from the City Attorney. Ordinance No. 1299 was introduced and passed to Motion x second reading, on May 12, 1969. Ayes x x x x 3. Proposed Ordinance No. 1300, being, t AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 27, Planning Commission Amendment No. 244, The Irvine Company request to rezone southeast corner of Irvine Avenue and Mariners Drive from a C -O -H District to an R -3 -B District, was presented with a report from the Planning Director. Ordinance No. 1300 was introduced and set for public Motion hearing. on May 12, 1969. Ayes x x X31 4. Proposed Ordinance No. 1301, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 4, Planning Commission Amendment No, 256, Helena Famularo request to rezone the Bay -Lido Building located north of Via Lido between Central Avenue and Newport Boulevard from a C -1 District to a C -O -H District, was presented with a report from the Plan: - ning Director. Planning Director Larry Wilson presented the findings of the Planning Commission, Page 224 x r+ ,,J,ndex W • n LJ L] CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 225 April 28, 1969 Robert Fleming, representing Helena Famularo and Restful Acres, Inc., spoke from the audience and stated he wished to make a formal presentation of the proposed plans at the next Council meeting. The matter was diaried to May 12, 1969. Motion Ayes CONSENT CALENDAR: The following, items were approved by one motion affirming Motion the actions on the Consent Calendar: Roll Call: Aye 1. The following advisory communications were ordered filed: Postcard from Mrs. W. D. Smith urging Council to keep open the old Upper Bay Road from Palisades to Jamboree so there will be no chance of its being per- manently vacated. Letter from Bonnie Rawlings to Vice Mayor Parsons complaining of helicopter noise in early mornings and copy of Vice Mayor Parsons' reply. Postcards from fifteen persons stating that the court case testing the legality of the exchange of lands be- tween Orange County and The Irvine Company concern- ing Upper Newport Bay affects Newport Beach more than any other area.and requesting Council repre- sentation in Court. Letter to City Clerk from Senator James E. Whetmore enclosing copy of SB 1059 relating to. increase in taxing limit of the Orange County Flood Control Dis- trict as it was introduced, and stating they will be glad to give consideration to the restrictive amendment suggested by the City. Letter from State Lands Commission advising that the Commission had approved the Amendment of Contract entered into by and between the City of Newport Beach and Armstrong Petroleum Corporation. Letter from F. R. Klassen regarding refund of fees advanced in connection with Building Permit No. 12322 and copy of Building Director's reply. Notice of hearing before the Public Utilities Com- mission on Application No. 50792 of Greyhound Lines, Inc., Western Greyhound Lines Division, for an order authorizing a Statewide increase in express rates and main line passenger fares. Page 225 x xx X ix s•, 1dex W • n �J Apr' CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 226 . Z Z O�Zf A AA�m .Index April 28, 1969 W _ 1 • Balboa Blvd Widening :alboa Isle :each 'eplenish- ment "aama/ :rookhurst ';ty -owned •rV� '_oute 57 -reeway ,arcotics • CITY OF NEWPORT BEACH Volume 22 - Page 227 Letter from Division of Highways attaching copy of Record of Public Hearing covering the development of Route 55 (Newport) Freeway from the adopted Route 1 Freeway to Bay Street. Letter from Controller of the State of California.re- garding motor vehicle license fee apportionment to cities for the period of December 1, 1968 through May 31, 1969, and showing Newport Beach's share to be $200, 286. 73 based on 42, 917 population. Copy of letter from the Orange County Executive Officer to the Local Agency Formation Commission regarding the proposal filed by certain Orange County cities for the dissolution of the Orange County Harbor District. 2. The following communications were referred as in- dicated: Referred to staff for study, letter from Newport Ba: Savings and Loan Association regarding the sum the City would offer to acquire Lot 2, Block 132, Lake Tract, in connection with the proposed widening of Balboa Boulevard. Referred to staff for study and reply, letter from C. Knickerbocker regarding placing sand or DG on some of the beaches on Balboa Island. Referred to staff for inclusion in study, letter from Reg Wood Company, real estate counselors, reaffirm- ing the position of Messrs. Reg Wood and Jack Mullen that they represent Mr. Roy K. Sakioka in connection with the City owned property located at the southeast corner of Brookhurst and Adams in Huntington Beach. Referred to.staff for study and report, letter from Division of Highways stating that it is initiating free- way route location studies for a portion of State High- way Route 57 in Orange County, study limits from the Route 1 (Pacific Coast) Freeway to the Route 22 (Garden Grove) Freeway, this being the last remaining unadopted portion of the Route 57 Freeway. Referred to Pending Legislation Committee, resoluti of the City of La Palma urging defeat of ail proposed legislation before the California State Legislature Which would reduce the penalty for the possession of marijuana from a felony to a misdemeanor. Page 227 COUNCILMEN CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 228 April 28, 1969 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: 32nd Resolution No. 6964 accepting a Grant Deed from E. Widening John Eriksson and Elsie Eriksson for property at 218 32nd Street, in connection with the 32nd Street widening Resolution No. 6965 authorizing the execution of an 32nd arterial highway financing program project adminis- Widening tration agreement with the County of Orange for the improvement of 32nd Street from Balboa Boulevard to Newport Boulevard. (A report from the Public Works Director was presented.) Jamboree Resolution No. 6966 authorizing the execution of an Rd* arterial highway financing program project adminis- tration agreement with the County of Orange for the Palisades/ improvement of Jamboree Road from Palisades Road MacArthur to MacArthur Boulevard. (A report from the Public Works Director was presented.) Resolution No. 6967 authorizing the execution of a Jamboree supplemental agreement with the Orange County Flood Rd Control District redefining the financial obligations for ' the construction of the Jamboree Road bridge at the San Diego Creek Channel, Contract Nos. 847 and 876. (A report from the Public Works Director was pre - sented.) Claims for 4. The City Clerk's referral of the following claims to Damage the insurance carrier was confirmed: Claim of Ray Link Insurance Company, Inc. for Oeljers George Oelkers for damage to his vehicle allegedly caused when he was involved in an accident with a City vehicle. Dean Claim of George A. Dean for damages to his truck allegedly caused when he was involved in an accident with a City -owned vehicle. Hook Claim of James Hook, Jr. for damages to his auto- mobile allegedly caused when he was involved in an accident with a City -owned vehicle. Wilson Summons and Complaint for Personal Injuries for Deborah Lynn Wilson for injuries allegedly sustained while playing, in the vicinity of a gravel pit -dump be- hind the Victoria elementary school in Costa Mesa. • Page 228 CITY OF NEWPORT BEACH Volume 22 - Page 229 April 28, 1969 mr Howell Summons and Complaint by Jean Yardley, mother, for Richard Dean Howell alleging false arrest on Febru- ary 1, 1968. Weber Claim of Weber Coffee Company for damage to their Coffee Co truck allegedly caused when, it was involved in an accident with a City -owned vehicle Salmond Claim of Mrs. Howard R. Salmond for damage to her property allegedly caused by City water truck. (City forces repaired damage. ) Public 5. Mr. James Erickson of the law firm of Rutan and Works/ Tucker was authorized to file an Amicus Curiae brief Contract on behalf of the City in connection with the case of Wage Bishop vs City of San Jose. (A report was presented Sc� from the City Attorney regarding petition of San Jose to California Supreme Court for a review of a decision relating to prevailing wage rates applicable to em- ployees of private contractors on public works con- tracts being applicable to city employees. ) 6. The plans and specifications for street lighting on Irvine Irvine Avenue, Contract No. 1207, were approved and Avenue the City Clerk was authorized to advertise for bids to Street be opened at 10:00 A. M. on May 19, 1969. (A report Lighting from the Public Works Director was presented.) 7. The work was accepted on the Combined Capital Pro - Corona jects, 1968 -69, Corona del Mar Area, Contract No. del Mar 1123; the City Clerk was authorized to file a Notice of Capital Completion and to release the bonds 35 days after the Improve- Notice of Completion has been, filed; a 45 day time ments extension was authorized; immediate payment of all • money remaining due the contractor was authorized; and the Public Works Director's approval of Change Orders Nos. 6, 7 and 8 in the amount of $9, 772. 10 was confirmed. (A report from the Public Works Director was presented.) 8. A two -year extension of the permits to the Federal Beach government for the pole - mounted time -lapse camera Erosion and the buried wave gage cable on the beach in West U.S. Corps Newport Beach was approved and the Public Works Engineers Director was authorized to execute the permit docu- ments. (A report from the Public Works Director was presented.) Special 9• The Council representative to the Orange County Districts Division of the League of California Cities was Study directed to recommend that the League pursue the Special Districts Study, that the questionnaire on the • Page 229 COUNCILMEN Windex W Bus Lic Appl • April 28, 1969 1( Schaeffer's 11 Ambulance Service Expense 1; Aconta CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 230 Special Districts be completed by both the cities and Special Districts with respect to possible consolidation elimination or transfer of functions and that the cities be the basic source of information, with information from districts to be considered supplemental. (A report from the City Manager was presented. ) The following business license applications were ap- proved subject to conditions established by the City Manager: Application of Paul Nye, 16421 Porter, Riverside, California for door to door soliciting for firewood (daylight hours only). Application of Consolidated Leasing Corporation of Los Angeles dba National Car Rental, to engage in the automobile renting business at 4630 Campus Drive. Application of O. E. Maddy, owner of Bay Arcade, to operate the amusement arcade and vending machines in the fun zone at 706 East Bay, Balboa. Applications of Michael John Speer, Richard M. Seager, Frederick R. Kulich and James W. Pringham for door to door soliciting for Newport Beach Cable - vision, Inc. The application of Schaeffer's Ambulance Service, 2227 S. Bristol, Santa Ana, for a Certificate of Public Convenience to operate one ambulance in the City of Newport Beach was approved. The following expense accounts were approved: Mayor Marshall's expense accounts for attendance at CAB hearing in Washington, D. C. from March 23rd to March 31st, and attendance at California League of Cities Mayor and Councilmen's Legislative Institute in Sacramento from April 13 to April 16, 1969• Councilman Gruber's expense accounts for attendance at Special Sub - Committee on Natural Resources as to causes and consequences of raw sewage in the Santa Ana River, in Sacramento on March 27, and attendance at California League of Cities Mayor and Councilmen's Legislative Institute in Sacramento from April 13 to April 17, 1969. Vice Mayor Parsons' expense account for attendance at the League of Cities Marginal Oil Wells Ad Hoc Committee in Sacramento from April 10 to April 11, 1969. Page 230 -:a :O CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 231 Index April 28, 1969 sposal/ for disposal service because it is not practical to m'1 prop store their trash in 40 gallon containers and it is working a hardship on said properties and that their property tax contribution to the General Fund of the City should provide for trash collection similar to other properties, was referred to staff for study and Motion x report as soon as possible. Ayes x x x x x x Page 231 13. The following Budget Amendments were approved: C -74, $3, 500 increase in Budget Appropriations to provide for Phase I for economic analysis consulting services on Balboa Bay Club and Beacon Bay pro- perties, from Unappropriated Contingency Reserve to Services - Prof., Technical, etc., General Fund. C -75, $75. 00 increase in Budget Appropriations for the purchase of a portable calculator for the Public Works Engineering Field Crew from Unappropriated Contingency Reserve to Public Works - Engineering Division Capital Outlay - Office Equipment, General Fund. C -76, $15, 340. 78 transfer of Budget Appropriations to cover the second phase of the beach debris removal from Unappropriated Contingency Reserve to General Services, Services- Prof., Tech. & Other, General Fund. C -77, $2, 250. 00 transfer of Budget Appropriations for purchase of beach tractor and sanitizer ($15, 750) to replace load - packer ($13, 500) from Unappropriated Contingency Reserve to General Services, Field Maintenance - Rolling Equipment, General Fund. ($13,500 for load - packer was approved in 1968 -69 but will not be purchased this year since a suitable piece of equipment has not been found. ) C -78, $58, 000. 00 increase in Budget Appropriations and increase in Estimated Revenues, Donations & Contributions for additional funds for street improve- ments on Westcliff Drive from Irvine to Dover from Unappropriated Surplus, Gas Tax Contribution to Westcliff Drive Improvements - - I ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from The Irvine Company stating that a rbage n number of commercial properties in the City contract CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 232 . ndex April 28, 1969 K K KI 2. A letter from Margot Skilling regarding problems treet end arising, in connection with paving. of street end in New - 'aving port Shores was referred back to the Public Works Director for additional review, and the staff was directed to set up a meeting between the Public Works Motion x Director, Councilman McInnis and residents in the Ayes x x x x x area to work out a more equitable solution and a.stan- dard street end design. 3. A letter from the Chairman of the Parks, Beaches and 'berg Recreation Committee regarding the proposed Z'berg .ssembly Assembly Bill in connection with State contribution to ill assist communities in meeting their recreational needs and stating that if the Council wishes to take a position on the Z'berg Bill, the PB &R Commission recommend that it not be supported, was considered. • The Z'berg Assembly Bill was opposed, and the Motion x Pending Legislation Committee was directed to send Ayes x x x x x letters to Assemblyman Z'berg and other members of his committee stating the City Council's opposition to the proposed Z'berg Assembly Bill. 4. A report from the Public Works Director was con - estcliff sidered in connection with the Westcliff Drive Improve- r. ments - Irvine Avenue to Dover Drive, Contract No. nnrvmts 1185. vine / over Plans and specifications for subject project were ap- proved, and the City Clerk was authorized to advertise Motion for bids to be opened at 10 :00 A. M. on May 20, 1969. Ayes x x x x X: CONTINUED BUSINESS: -49 1. Resolution No. 6969, establishing off- street parking meter zones and regulations for the operation of rkg parking meters and repealing Resolution No. 6654 and '?ter all amendments thereto, as amended, was adopted Motion x ones after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Aye x x x x x The City Manager was directed to provide the principal of the Newport Elementary School with an adequate amount of transferable parking permits for the use of teaching staff, specialists and others during that portion of the school year when parking meters are in operation on the Balboa Boulevard median in front of the school. • Page 232 K K KI CITY OF NEWPORT BEACH Volume 22 - Page 233 dex April 28, 1969 COUNCILMEN b 9 A 2 2. A memorandum from the Traffic Engineer in con-- Asphalt nection with the proposed policy on asphalt berms was Berme presented with a letter from Mrs. W. R. Wikman Policy addressed to Vice Mayor Parsons stating that she lives in the Bluffs area where berms have been in- stalled and states that there is not one of her neighbors who want or like the berms and a resolution of the Orange County Traffic Engineering Council opposing the use of "Speed Bumps" or any physical restriction or obstruction placed within a publicly used street or highway for the purpose of slowing the speed of vehi- cles. Councilman Gruber made a motion to adopt the pro- posed Asphalt Berms Policy. • Vice Mayor Parsons made a substitute motion to try The Irvine Company policy on street bumps on an experimental basis on three or four selected areas upon request. Councilman Rogers made a substitute motion for the Motion x proposed policy statement on asphalt berms to be tabled indefinitely. Dee Cook spoke from the audience and urged the Council to oppose installation of street bumps. A vote was taken on Councilman Rogers' substitute motion, which motion carried, and the proposed Ayes x x x policy statement on asphalt berms was tabled. Noes x x x 3. A report was presented from the Public Works Di- rector regarding proposed Assessment District 53 )iQq3 (Newport Heights and Balboa Alley Paving), including a description of proposed assessment district, and an estimate of the total cost. The City Attorney was directed to prepare a Reso- Motion x lution of Intention declaring that public convenience Ayes X X X X X X I and necessity require the construction of paved alleys in Newport Heights and Balboa by special Assessment District proceedings; that the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 shall not apply, and setting a public hearing. • Page 233 IV. A K W HI Al Y� 'tr ndex April Z8, 1969 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 234 O Z yf p a m N Z N r N Z 70 CURRENT BUSINESS: 1. A memorandum from the City Manager regarding utual Aid mutual aid plan for disaster relief and emergency fire greement services was presented with a letter from the City Clerk of Costa Mesa terminating the existing mutual aid agreement. -6970 Resolution No. 6970, expressing approval of the Orange County Civil Defense and Disaster Relief Plan - Emergency Fire Services, and terminating all other current agreements for mutual fire protection, was Motion x adopted after the reading of the resolution was waived Roll Call: by unanimous consent of the Council. Ayes x x x x x x 2. A report was presented from the Public Works Di- rector regarding Water Main Replacement Program, 1968 -69, Contract No. 1208. -6971 Resolution No. 6971, awarding a contract for the Wate Main Replacement Program, 1968 -69, to Miller - ater Mair Griffin, Inc. in the amount of $81, 667. 00, was adopted Motion x �placemt after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Aye s x x x x x x 3. A memorandum was presented from the Planning wnx Director regarding proposed Annexation No. 64, East >. 64 Coast Highway between Cameo Shores and Cameo Highlands, consisting of an approximate 2200.foot section of East Coast Highway. •6972 Resolution No. 6972, requesting the Orange County Local Agency Formation Commission to approve the annexation of uninhabited territory known as Annex- ation No. 64, East Coast Highway - Corona del Mar, without notice and hearing, was adopted after the Motion x reading of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x x x: 4. A memorandum was presented from the Planning ,T!x Director regarding proposed Annexation No. 65, 65 the Arches onramp, encompassing about 2.49 acres of land bounded on the east by Newport Boulevard and on the south by West Coast Highway. 6973 Resolution No. 6973, requesting the Orange County Local Agency Formation Commission to approve the annexation of uninhabited territory known as Annex- ation No. 65, Coast Highway (Arches), without notice and hearing, was adopted after the reading of the Motion resolution was waived by unanimous consent of the Roll Call: Council. Ayes x x x x x x • Page 234 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page .235 Index Anril28. 1969 5. A memorandum was presented from the Planning �nnx Director regarding proposed Annexation No. 66, Santa �o. 66 Ana River and West Coast Highway, consisting of a triangular shaped 2. 65 acre parcel of land bounded on the north and east by the existing City limits and on the west by the Santa Ana River. -6974 Resolution No. 6974, requesting the Orange County Local Agency Formation Commission to approve the annexation of uninhabited territory known as Annex- ation No. 66, Santa Ana River -Coast Highway, with- out notice and hearing, was adopted after the reading Motion x of the resolution was waived by unanimous consent of Roll Call: the Council. Ayes x x x x x 7i 6. Planning Director Larry Wilson gave a staff report in connection with proposed Annexation No. 63 (West Santa Ana Heights) and proposed Annexation No. 67 mnx Nos. (La Canada). 3 &67 A notice from the Local Agency Formation Commission of hearing to be held May 14, 1969 on proposed annex- ation to the City of Costa Mesa.designated Back Bay No. 1 Annexation, 630 feet north of Mesa Drive and 690 feet south of Mesa Drive and lying between Santa Ana and Tustin Avenues, and asking for report of City of Newport Beach no later than May 2, was presented. Mrs. P. Andrews, representing the Pegasus Home- owners, spoke from the audience and requested re- consideration of their 1968 petition to annex to the City of Newport Beach. Fred Scott, President of the La Canada area spoke • from the audience and stated that 100% of the home- owners in the La Canada area wish to annex -to the City of Newport Beach. '--6975 Resolution No. 6975, consenting to the commencement of annexation proceedings pursuant to the Inhabited Territory Annexation Act of 1913 to be known as Annex ation No. 63, West Santa Ana Heights, was adopted Motion after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x x x x : -6976 Resolution No. 6976, consenting to the commencement of annexation proceedings pursuant to the Inhabited Territory Annexation Act of 1913 to be known as Annexation No. 67, La Canada, was adopted after the Motion reading, of the resolution was waived by unanimous Roll Call: consent of the Council. Ayes x x x x x x • Page 235 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 236 Index April 28, 1969 . -6977 Resolution No. 6977, objecting, in part to the annex- ation of certain territory known as Back Bay Annex- ation No. 1 to the City of Costa Mesa, was adopted Motion after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes x x x x x x The Council Liaison Committee was requested to meet Motion with Costa Mesa representatives and attempt to reach Ayes x x x x x x agreement on mutually desirable city boundaries, particularly in the vicinity of Tustin Avenue and Mesa Drive. 7. A memorandum was presented from the City Manager ouncil- regarding redistricting of Councilmanic boundaries. manic �district- Dee Cook spoke from the audience requesting that Alternate "A" be amended to.include all of Irvine Terrace in District 5. Alternate Plan "A" was approved, and the City Motion Attorney was .directed to prepare the necessary ordi- Ayes x x x x x x nance for introduction on May 12, 1969. 8. A memorandum was presented from the City Attorney assell, regarding the application of P. A. Cassel for a A. building permit at 403 - 405 -407 Edgewater Place, Balboa. Gerald Malat, representing Mr. Cassel, spoke from the audience and presented a joint statement of owners of properties fronting on Edgewater Place between Cypress Street and Adams Street, stating that it is their intention to maintain the beach as a private beach and that the City of Newport Beach does not have a • right of way across their property. John Wassall, 409 Edgewater Place, stated that he felt that Mr. Cassel's request was reasonable. Mr. P. A. Cassel spoke from the audience. The City Attorney was instructed to stand firm on his Motion x opinion and to protect the City's interest, and Mr. Ayes x x x x x Cassel's application was denied. Noes x 9.'; A memorandum was presented from the Planning ,act Director regarding Tentative Map of Tract 6938, 38 146. 5± acres consisting of 520 residential lots, 4 green area lots and one school site located east of MacArthur Boulevard at the southerly extension of Newport Hills West, Robert Bein and Harry Merrill, representing the Bren Company, spoke from the audience. Page 236 CITY OF NEWPORT BEACH Volume- 22 - Page 237 Index Aoril 28. 1969 COUNCILMEN q 7 P Z $f0 Z fo1av The Tentative Map of Tract 6938 was approved, sub- Motion x ject to the conditions recommended by the Planning Ayes x x x x x x Commission, with Condition No. 12 being amended to provide that the half width of future MacArthur Boule- vard be dedicated and improved from Street "S" southerly to San Joaquin Hills Road as soon as development within the Tentative Map area proceeds southerly to Street "S" or extension thereof, and with the provision that the park arrangements will be sub- ject to Council approval before development takes place in the Street "B" and Street "M" areas. fewport 10. A memorandum was presented from the Public Works sland Director regarding reconstruction of Newport Island !ridge Bridge, Contract No. 1175. Resolution No. 6978, awarding contract to Croft & Neville Co, in the amount of $124, 302. 34, was -6978 adopted after the reading of the resolution was waived Motion x by unanimous consent of the Council; and the following Roll Call: Budget Amendments were approved: Ayes x x x x x x C -79, $3, 000 increase and transfer of Budget Appro- priations for additional funds for Reconstruction of Newport Island Bridge ($3, 000, transfer from Capital Improvement, Project No. 26 -5097 -056, West Newport Gas Seepage, to Capital Improvement Fund, Recon- struct Newport Island Bridge. C -80, $36, 300 transfer of Budget Appropriations for additional funds for Reconstruction of Newport Island Bridge from General Fund, Storm Drain - Westcliff Drive 02 -3497 -184 ($22, 000) and from Unappropriated Contingency Reserve ($14,300) to Capital Improve- ment Fund, Reconstruct Newport Island Bridge. 11. A letter from Peter Vogel, Chairman of the Newport each Shores Association's Community Improvement Com- ront mittee, stating that the rains have washed away the rood sand on the City -owned strip of beach between the amage homes and the channel in Newport Shores and request- ing the City to replenish the sand in that area, was presented. Peter Vogel spoke from the audience and stated that the Newport Shores Association would provide the labor to spread the `sand if the City provided the necessary sand and that 400 yards of sand would be adequate. The staff was authorized to provide for replenishment Motion x of sand at the street ends and to work out an arrange- Ayes x x x x x x ment with the Association to sell and deliver sand to . replenish the private beach area. Page 237 Or A; No Ah CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 238 Index April 28, 1969 7 A ` Z ='O Z f pAa m N Z N f N S A Pe Harbor Permit Application No. 258 -204 of Harvey D. rvey Pease, 304 Collins Avenue, Balboa Island, to construct a pier, ramp and float bayward of the residence of Dr. Oliver G. Howell, 204 South Bay Front, Balboa Island, was presented with copies of correspondence between Harvey D. Pease and Dennis W. Harwood, attorney representing Dr. and Mrs. Howell. City Harbor Coordinator George Dawes gave a.staff report, Harvey Pease spoke from the audience and read a letter from Ann Lundy supporting Mr. Pease's Harbor Permit Application. Dr. Howell spoke from the audience in opposition to subject application. Harbor Permit Application No, 258 -204 was denied. Motion x Ayes xxx X ADDITIONAL BUSINESS: Co It was the consensus of the Council that the staff prepare rcraft a list of all people who make sound tests of aircraft noise ise and have such information available in case the City should atement suddenly need to have a study made, and the staff was also directed to go ahead with their own study. The Meeting was adjourned at 12:45 A. M. Motion Ayes xxx xx: X11 mayor ATTEST: Ci� lerk • Page 238 P H a HARBOR PERMIT APPLICATIONS: 1. A report from the City Harbor Coordinator regarding