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HomeMy WebLinkAbout06/25/1956 - Regular MeetingJune 25, 1956 The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following members being present:, Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Regular session. Roll call. On motion of Councilman Ridderhof, seconded by Councilman MacKay and Approval of carried, the reading of the minutes of June 11, 1956, was waived and they were minutes of June approved as written and ordered filed. 11 1 The Mayor announced that this was the time and place for the opening of bids for a contract covering the publication and printing of all legal notices for the fiscal year ending June 30, 1957. The Clerk announced that two bids had been received. Said bids were then publicly opened, examined, and declared from the following bidders, to wit: Newport Harbor News - Press: First insertion - - - - - - - - $1.50 per square Subsequent insertion - - - - - 1.10 per square Newport Harbor Ensign: , First insertion - - - - - - - - $1.50 per square Subsequent insertion - - - - - 1.10 per square Bid opening for contract for Pub- lication and printing of legal notices. Two bidders. Inasmuch as the Newport Harbor News -Press has had the contract for Contract awarded legal publications for the fiscal year 1955 -56, on motion of Councilman to Newport Harbor MacKay, seconded by Councilman Hart and carried, the contract for said work Ensign. was awarded to the Newport Harbor Ensign for the fiscal year 1956 -57, by the following roll call vote, to wits AYES, COUNCILMEN- Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN- None COMMUNICATIONS The Clerk presented a letter from-Anderson and Anich, insurance brokers, Newport Beach, stating that the bodily injury limits on the City's compre- hensive liability policy, had been increased to $500,0001$1,000,000, for a premium for the balance of the policy year of $99.63, and stating renewal sates to be effective August 15, 1956, should be available shortly. On motion of Councilman MacKay, seconded by Councilman Hart and carried, authorization was given to pay Anderson and Anich's statement for $99.63, by the following roll call vote, to wits AYES, COUNCILMEN. Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMENs None ABSENT, COUNCILMEN: None The Clerk presented a letter from Jacton Corporation, 119 East 23rd Street, Costa Mesa, regarding property "supposedly fronting" on Balboa Boulevard, and requesting that some arrangements be made by the City for access to said property through the sale of property owned in fee by the City of Newport Beach, or through some other method. On motion of Council- man Ridderhof, seconded by Councilman MacKay and carried, this matter was referred to the City Manager and the City Engineer for recommendation and report back to the Council. A letter from Mrs. Betty Reynolds, 1801 West Bay Front, and 118 - 31st Street, Newport Beach, was presented, regarding the need for a law pro- hibiting dogs on all Newport bay front beaches. Her daughter suffered cuts to both ankles on Sunday, June 10th, when she became entangled in the leash of a dog. A discussion was had, and on motion of Councilman MacKay, seconded by Councilman Wilder and carried, this matter was referred to the Police Department for recommendation. The Clerk presented a letter from Mr. and Mrs. George H. Sullivan, 727 South Atlantic Boulevard, Alhambra, stating that they would like to purchase the land they now lease from the City of Newport Beach, (in the vicinity of 19th Street and Vilelle Place) as follows- the easterly 25 feet of Lot 6, Block 218, Newport Beach, and a portion of Lot 4, Section 33, T6S9 R10W, SBB&M. A discussion was had, and on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, an appraisal of this property was authorized to be made by Goode & Goode at the time the appraisal of property in this area, previously authorized, is made. A carbon copy of a letter addressed to the Orange County Board of Super- visors, from Roger S. Watson, Palos Verdes Estates, and property owner in local area, was presented. Said letter draws attention to certain conditions existing as a result of previous floods, and suggests that since taxes would begin on the $42,000,000 Flood. Control Bonds, certain "corrections" should be made, mentioning among the areas named, the area from Del Mar Avenue to Back Bay.. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said communication was ordered filed. The Clerk presented a letter from South Coast Construction Company requesting a further extension of time for completion of the facilities building in the Trailer 'ark from June 22 to July 141 1956, as its progress was halted waiting for the construction work required under another contract. A discussion was had, and on motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the City Attorney was authorized to Bodily injury limits on City's comprehensive liability policy_ Letter from JactL.. re purchase of property owned by the City. Letter from Mrs. Betty Reynolds re law prohibiting dogs on all 11 wport bav front eaches. Letter to Orange Co. Bd. of Sup. from R. S. Watson re flood control. South_ Coast_Const. Co. re extension of time on facilities build - ina in Trailer Park. 222 prepare an amendment to the contract with South Coast Construction Company for execution on July 9, 1956, whereby the time for completion of said contract with South Coast Construction Company would be extended to July 142 1956, with a penalty _clause of $500.00 per day effective after July 142 19569 said amendment waiving all penalties due to and including July 14, 1956; and also stipulating that if the contractor did not agree to the execution of said amendment to the contract, no penalties accrued subsequent to June 22, 1956, would be waived. lk� books donated to The Clerk presented a list of 165 books donated to the Newport Beach Library by N. Pringle. Public Library by Mr. Nelson Pringle, 1610 South Bay Front, Balboa Island, on June 16, 1956. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, said gift was accepted with appreciation and the Clerk was instructed to write Mr. Pringle, thanking him for said gift. Letter from W. E. A letter from Walter E. Dyson expressing his appreciation for the honor EXsonexpressing of being retired as Assistant Chief of Police and stating that Resolution his appreciation. No. 4495 shall always be one of his most valued possessions, was presented. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said letter was ordered filed. Letter from Attorneys A letter was presented from Mark A. Soden of Harwood, Heffernan & re resen ng Cagney Soden, Attorneys representing the Cagney interests, regarding approximately interests re 0 acres 50 acres of land in the vicinity of Hoag Hospital and Helipot, stating that of land in vicinity the Cagneys are considering annexation of the propertyto Newport Beach, of Hoag Hospital, and requesting an expression from the City of Newport Beach as to its plan for the use to be allowed on this property and the proposed zoning. Since a discussion of the Helipot annexation matter was to be held later in the meeting, this letter was ordered filed, on motion of Councilman Wilder, seconded by Councilman MacKay and carried. Letter from Max The Clerk read a letter from Max Sturges regarding a plan of civic Sturges re civic improvement for consideration by the Council and the Planning Commission improvement. concerning Balboa Peninsula, mentioning and enclosing a rough plan by Mr. Vogel for the creation of a small boat lagoon by dredging sand from the area in front of ocean frontage, mentioning also the plan for a high level bridge connecting the Peninsula with Corona del Mar, and suggesting that something be done about the "rental courts" as they are sub - standard housing. On motion of Councilman MacKay, seconded by Councilman Higbie and carried, said letter was referred to the City Manager, the City Engineer and the Planning Commission for investigation and report back. .I Two letters were presented opposing the use of property at 477 North Newport Boulevard, for an animal hospital. One letter was from Mr. and Mrs. J. H. Routledge 472 North Newport Boulevard. The second letter was from E. Floyd Hubbard, Beacon Auto Parts, 476 -80 Newport Boulevard. (The Planning Commission, on June 21, 1956, approved Use Permit No. 239 L. McHenry, allowing the operation of a veterinary small animal hospital in the C -1 District at 477 North Newport Boulevard.) Since the Planning Commission had approved Use Permit No. 239, L. McHenry, allowing the operation of a veterinary small animal hospital at said address, said letters were referred to the City Attorney to determine whether or not they should be considered an appeal, on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried. Letter from So W. The Clerk presented a letter from S. W. Royce, Pasadena, and local Royce endorsing City property owner, stating he had read in a recent issue of the Newport Harbor purchase of Fun Zone News -Press a plan whereby the City would buy Fun Zone and Rendezvous and Rendezvous properties, and endorsing this proposal. On motion of Councilman MacKay, properties, seconded by Councilman Ridderhof and carried, said letter was ordered filed with the other communications on this subject. Budget for expenditures A letter dated June 14, 1956, from Newport Harbor Chamber of Commerce, from the Newport Harbor setting forth its budget for the expenditure of the $4427.00 remaining in Chamber of Commerce. the City's Golden Jubilee Fund, and requesting approval of said report, was presented. A discussion was had, Mr. Roy Maypole speaking from the audience, and on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the recommendations of the Newport Harbor Chamber of Commerce, as set forth in its letter of June 14, 1956, were accepted and the expenditures as outlined were approved by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Stoddard ABSENT, COUNCILMEN: None Letter from Newport A letter from the Newport Harbor Chamber of Commerce regarding the Harbor Chamber of budgeted $2400 for the year 1956 -57, stating that they do not anticipate Commerce re the that they will require said payment until January, 1957, at which time formal budgeted 2 OC. request will be made, was presented. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said letter was ordered filed. App. for transfer of A copy of Application for Transfer of Alcoholic Beverage License, Esther Al. Bev. Licenses: L. Roberts, 630 East 31st Street, Newport Beach, and two copies of Applications E. L. Roberts: for Alcoholic Beverage License, Woodrow W. Holder, Dinner Horn, 2332 West W. W. Holder, Coast Highway, Newport Beach, and Walter E. Dilley, 507 East Bay Avenue, W. E. Dilley. Newport /Balboa, were presented. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said communications were ordered filed. Proposal of Batzle & The proposal of Batzle and Company to audit the financial books and Co. to audit books and records of the City of Newport Beach for the fiscal year ending June 30, 19579 records of the City. was presented. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said letter was ordered filed. ♦1 C 7 A letter from the Woman's Civic League of Newport Harbor stating that a major project for their organization in the.coming year is a comprehensive study of the City °s budget, and urging that copies of the 1957 -58 budget be published and made available to the public in ample time for consideration before the hearings, was presented. The City Manager commended the Woman's Civic League for its interest and assured them that copies of the budget would be made available prior to the hearings and that the public would be invited to participate in a discussion of the proposals made. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said letter was ordered filed. A letter dated June 21, 1956, from the West Newport Improvement Association Letter from West stating its views in connection with the problems involved in the acquisition Newport Improve - of the Pacific Electric property, was presented. The Association suggests ment Association withdrawing from all negotiations, going ahead with the widening of Balboa re Pacific Boulevard, forcing the Pacific Electric to take down its poles and pave Electric property.. between the tracks, and making the Pacific Electric clean up its right -of- way and adjoining property. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said letter was ordered filed. The Clerk read a letter from the Helipot Corporation, dated June 22, a 1956, in which application is made for an V" water connection to the City of Newport Beach water main in Superior Avenue, and stating that Helipot Corporation will assume all connection and metering costs, and will pay a pro -rated share on a per - frontage - foot - basis, of the cost of installation of the City of Newport Beach water main to which connection is proposed. A discussion was had, and on motion of Councilman Stoddard, seconded by Council- man MacKay and carried, the matter was tabled to be brought before the Council when the status of the Helipot annexation is clarified. The Clerk read a letter from F. M. Phelps, 206 West Fourth Street, Santa Ana, offering to sell to the City for $1,000.00, the west 30 feet of Lot T, Eastside Addition to Balboa Tract, southeast corner Ocean Front and B Street, 35x45 feet. A discussion was had, and the City Engineer explained that the City had acquired most of the property of this type in that area and recommended that the City purchase this property at $5.00 per front foot. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the recommendation of the City Engineer was authorized by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Hill reminded the press and the audience that the Council had adopted a resolution that all communications to be presented at the regular Council meetings on Monday night, should be in the hands of the City Clerk by noon of the Friday preceding said meeting. LICENSES Letter from Helipot Corp. re o' connection. Letter from F. M. Phelps re offer tc sell certain pro - ert to the Cat for 1.000.00. Reminder re communications fox the Council. The Application for Exempt License of Michael DeLonge, Fellows and Michael DeLonge., Stewart Landing, Berth 208, Wilmington, California, for house to house A�p._for house to soliciting to take orders for Flexiclogs (casual shoes), home office being house soliciting New Holstien, Wisconsin, was presented, and referred to the City Attorney, on for Flexiclogs. motion of Councilman MacKay, seconded by Councilman Ridderhof and carried. The Application for License of J. J. Rumsey, 1445 East Belmont Ontario, Jo Jo Rums e_v._o for California, for a miniature golf course at 700 East Ocean Front, Baibba, was ainiature golf presented, and approved, on motion of Councilman MacKay, seconded by Council- man Ridderhof and carried. The Application for License of J. J. Rumsey, 1445 East Belmont, Ontario, J. J. RnmseY. for California, for a sandwich shop at 700 East Ocean Front, Balboa, (sandwiches, sandwich shop_ soft drinks, fruit juices, not to be consumed on premises), was presented, and approved subject to Health Department approval, on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried. The Application for License of Charles E. Trapp, 2101 Harbor Boulevard, Costa Mesa, and 960 West 19th Street, Costs Mesa, for a service station at 7200 West Coast, (gas, oil, tires and accessories), dba Trapp & Sons, being a change of ownership, was presented, and approved, on motion of Councilman Hart, seconded by Councilman Wilder and carried. The Application for License of Esther L. Roberts, 934 West Glenoaks, Glendale, for a cafe at 630 - 31st Street, (meals and short orders), dba Vince °s Cafe, being a change of ownership, was presented, and approved, subject to Health Department approval, on motion of Councilman Hart, seconded by Councilman Wilder and carried. The Application for License of Lance Walker, for a Carousel at Edgewater Cafe, 1000 Shore Avenue, Corona del Mar, dba Bill °s Amusement Service, was presented. This is a four passenger Merry -Go- Round. The License Department requested a clarification as to whether this four passenger machine would still classify as a vending machine as mentioned in Section 6203 -1, Ordinance No. 782. A discussion was had, Mrs. Mary Burton speaking from the floor. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said application was referred to the City Attorney for investigation and report back to the Council on July 9, 1956. The Application for License of Paul R. Moss, to allow dancing at 109 Palm, Balboa, being the location of a beer bar, was presented. On motion of Council- man Ridderhof, and seconded by Councilman Wilder and carried, said application was referred to the City Manager for investigation and report back to the Council. q. E. Trapp„ for service station. Esther_ L. Roberts, cafe. Lance Walker, for carousel, Paul R. Moss, for dancing_. i t. G. L. Getchella The Application of George L. Getchell for a public bathhouse at the for a public bath- corner of Washington and East Bay Avenue, Balboa, being a change of house. ownership was presented. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said application was approved, subject to the approval of the Police Department and the Health Department. R. L. Dotson. for The Application for License of R. L. Dotson, for a snack shop at ' snack shop. 507 Edgewater, Balboa, packaged goods, (sandwiches, candy, chips), bottled drinks, dba Modern Snack Shop, was presented. On motion of Council- man MacKay, seconded by Councilman Wilder and carried, said application was approved, subject to the approval of the Health Department. ADDITIONAL BUSINESS Resolution re Mayor Hill stated that she wished to convey to Mr. Bert Webb the appreciation to Mr. appreciation of the Council and the City for a job well done by him as Webb. Acting City Manager. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, it was: RESOLVED that the appreciation of the City Council, and the is hereby conveyed to Mr. Bert Webb for the excellent service rendered by him while acting as City Manager of the City of Newport Beach. Mayor Hill presented to the audience, Mr. Robert Shelton, City Manager. "Helipot Annex" It was announced that this was the time and place for the hearing on hearing. the "Helipot Annex ". The City Manager requested that the Clerk read a letter addressed to the Council by William Cagney. Said letter states that Mr. Cagney will not protest the Helipot annexation and withdraws his objections to said annexation. Mr. Edwin W. Taylor, representing Helipot Corporation, spoke from the floor. He stated he regretted to announce that the letter from Mr. William Cagney was not sufficient to allow the further ' steps to be taken in the annexation of "Helipot Annex" without protest from Helipot Corporation, since William Cagney is not the party authorized to release a protest against the annexation as the parties of interest were James Cagney and Frances Cagney. Mr. Taylor further stated that if additional steps were taken in the Helipot annexation matter, that it would be necessary for him to ask the City Attorney to file the protest of Helipot Corporation, which had been given to the City Attorney for filing under such circumstances. "Helipot Annex" The City Manager stated that he felt it would be wise to continue the hearing extended to matter until the next regular Council meeting as there was a possibility that July 99 1956. James and Frances Cagney would file a consent to the annexation. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the hearing on the matter of the "Helipot Annex" and the time for filing protests were extended to the next regular Council meeting on July 9, 1956. Mr. Taylor authorized the City Attorney to destroy the letter of protest of Helipot Corporation which was in his possession. The City Manager was instructed to contact the Cagneys to determine whether or not the consent could be obtained. Ordinance No. 787. Ordinance No. 787, being "17th Street Annex" AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS 17TH STREET ANNEX Adoption of was presented for second reading. On motion of Councilman Wilder, seconded by Ordinance No. 787. Councilman Ridderhof and carried, the second reading of said ordinance was ' waived. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Ordinance No 787 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMENg None ABSENT, COUNCILMEN: None Ordinance No. 788. Ordinance No. 788, being "Harbor Hi hlands Annex" AN ORDINANCE ADDING "HARBOR HIGHLANDS ANNEX" added to th District. TO THE FOURTH DISTRICT Adoption of Ordinance was presented for second reading. On motion of Councilman Wilder, seconded No. 788. by Councilman Hart and carried, the second reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Ordinance No. 788 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Native Daughters of the Mayor Hill stated that a request has been received from the Native olden West re State Daughters of the Golden West for the State flag to fly over the City Hall. flag. -She stated that the City owned a State flag and that commencing June 26, 1956, the State flag will be flown in front of the City Hall, and the ' matter was referred to the City Manager for attention. Ll A discussion was had regarding the appointment of an auditing firm to serve the City for the fiscal year 1956 -57. The Clerk was requested to read the letter of Ira N. Frisbee & Company, dated June 8, 1956, addressed to the City Council, wherein a proposal to audit the financial records of the City of Newport Beach for the fiscal year 1956 -57 was set forth. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the City Attorney was instructed to confer with the City Manager and the Director of Finance and to prepare a contract, for submission to the Council, embracing the terms set forth in the Ira N. Frisbee letter of June 8, 1956. Councilman Stoddard requested the City Manager to convey to Mr. Bill Covert and his street department staff, the appreciation of many boat owners for the installation of the measured mile maskers, as they have un- doubtedly saved a good many lives already. Councilman Stoddard stated that he had heard a great many compliments for the excellent job of street paving which had been done in Corona del Mar. It was stated that it was hoped that this could be done on a City- wide basis and that the areas in which the work is to be done could be notified at such time, through the co- operation of the newspapers. Councilman Stoddard requested permission to be absent from the Council meeting to be held July 9, 1956. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said request was granted. Councilman MacKay requested the City Manager to look into the over -all tax, real and personal property tax, problems in the City of Newport Beach, and to look into the matter of inequalities in taxation, and to report back to the Council. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the City Manager was instructed to comply with this request and to determine the most economical means to correct any inequalities. ZONING Discussion re appointment of an auditing firm to serve City for Appreciation ex- tended to Mr. Covert and his staff. Discussion re street paving in CDM. C. Stoddard to be absent 7/9 . City Manager re- uested to look into tax problems in the City. The City Clerk presented seven Applications for Variance and one Applications for Application for Resubdivision. On motion of Councilman MacKay, seconded by Variance and Re- Councilman Ridderhof and carried, the following variances and resubdivision subdivision. were approved, in accordance with the recommendations of the Planning Commission, and subject to the conditions set forth by the Planning Commissions Application for Variance No. 295, Robert K. Glass 4019 Channel Var. No. 295. Place, Newport Beach, Lot 9, Block 340, Canal Section, Zone R -2, R. K. Glass. for an encroachment of 8' into a required 201 front yard setback. Due to odd shape and size of property, additional frontage is needed for new building. (Approved by Planning Commission.) Application for Variance No. 296, Macco Corporation, 1315 Bonnie Var. No. 296, Doone Terrace, Corona del Mar, Lot 63, Tract 1700, Zone R -1, Macco_ Corporation, for a detached garage on the front half of lot. This design is in keeping with past variances permitted. (Approved by Planning Commission.) Application for Variance No. 297, Macco Corporation 1331 Bonnie Var. No. 297. Doone Terrace, Corona del Mar, Lot 66, Tract 1700, Lone R -1, for v Macco Corporat_io_n. a detached arage (as Var. above). (Approved by Planning Commission.) Application for Variance No. 298, Ruben Armekhanian, 107 - 23rd Var. No. 298, Street, Newport Beach, Lots 29 and 30, Block 23, Newport Beach R. Armekhanian. Tract, Zone C -1, for an encroachment of 151 into a required 20, front yard setback. (Approved by the Planning Commission subject to condition that the proposed structure be restricted to three units only.) Application for Variance No. 299, William Tobias 240 Hazel Vas. No. 299. Drive, Corona del Mar, Lot 41, Block A, Section 673, Zone R -1, for William Tobias. a 61 high fence on front property line - will conform with other fences on street. (Approved by the Planning Commission.) Application for Variance No. 300, Christian F. Jensen and Vodica Var. No. 500. Stevens, 3101 Clay Street, Newport Heights, Lots 2 and 3, Block C. F. Jensen and 1, Tract 27, Zone R -1, for an encroachment of 15° into a V. tevens. required 20' front yard setback, to conform with dwellings in area and to provide required space for building. (Approved by Planning Commission, subject to condition that the setback con- -form to those as shown on plot plan submitted with variance application.) Application for Variance No. 3301, T. E. Lord, 418 Goldenrod Var. No. 301, Avenue, Corona del Mar, Lot 189 Block 3349 Tract Corona del T. E. Lord. Mar, Zone R -2, for an encroachment of 12" into side yard setback to permit construction of fireplace. (Approved by Planning Commission.) Application for Resubdivision No. 37, Charles A. Kramer, 1323, Resubdivision No. 13259 and 1327 East Balboa Boulevard, Balboa, portions of Lots 37, C. A. Kramer. 9 and 3, Block 22, Eastside Addition, Zone R -3 for resub- division of building sites to create three 451 wide Lots. (Approved by Planning Commission, subject to condition that the setbacks conform to those on plot plan furnished with application.) The City Clerk stated that an investigation had been made of a Secretary Discussion re Copying Machine which would be of great service to the City in duplicating ,Secretary Copying letters, resolutions, ordinances, et cetera. The City Manager stated that machine, he thought it would be wise to postpone the purchase of said machine until the 1956 -57 budget went into effect, and that a more complete investigation of the equipment desired could be made. r• y ' Statement clarifying At the request of the City Manager, the Clerk read a statement of position of City explanation and policy, dated June 25, 1956, clarifying the position of Council'. the City Council and encouraging public understanding of the City policy in relation to the location of business and industry in the City of Newport Beach, and the related matters of annexation and business license taxation, a copy of which is on file in the City Clerk's office. Budget presented. The proposed budget for the fiscal year 1956 -57 was presented for adoption. A discussion was had, the following people speaking from the floors Discussion and Mrs. Duncan T. Stewart, Corona del Mar; Mrs. Mary Burton, Corona del adoption of budget. Mar- Wm. C. Lambert, Newport Beach; Braden Finch, Corona del Mar; Arthur Kramer, Balboa Island; J. W. Cammack, Balboa- and Edward Healy, Newport Beach; and the Director of Finance, who answered inquiries made. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the proposed budget for the fiscal year 1956 -57 was adopted as presented by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, hidderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Settin tax rate deferred to 7 23/56. The City Manager stated that the setting of the tax rate could be deferred until July 23, 1956. The City Manager presented Resolution No. 4504, being a resolution authorizing the Mayor and City Clerk to execute a cost service contract for the fiscal year 1956 -57 between the City of Newport Beach and the State Personnel Board. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4504 was adopted by the following roll call vote, to wit: AYES, COUNCILMENs Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMENN: None ABSENT, COUNCILMEN: None The City Manager presented Resolution No. 4505, being a resolution amending the Classification and Compensation Plan by creating a new class known as Fire Engineer, Class Grade 13, and establishing the compensation for Lifeguard, full time, at Class Grade 10. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Resolution No. 4505 was adopted by the following roll call vote, to wits i AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMENg None ABSENT, COUNCILMEN-. None Reouest from.Griffith The City Engineer presented a letter from the Griffith Company requesting Co. for extension of a further extension of time for completion of the Trailer Park Improvement time for completion of contract to July 15, 1956. A discussion was had, Councilman Ridderhof stated Trailer park Improve- that since the work was to hav6 been completed on June 1st, and no request ment contract, had been made for an extension until this date, he was of the opinion that the extension should not be granted without a penalty. Mr. J. W. Cammack and Mr. Palos spoke from the floor. Councilman MacKay stated that in view of the fact that the Griffith Company had allowed the City to break a contract of approximately $80,000, consideration should be given in this matter. On motion of Councilman Higbie, seconded by Councilman MacKay and carried, the City Attorney was authorized to prepare an amendment to the contract with the Griffith Company for execution on July 9, 1956, whereby the time for completion of the contract would be extended to July.15, 1956, with the penalty clause of $500.00 per day commencing July 16, 1956, said amendment waiving all penalties due to and including July 15, 1956, and also stipulating that if the contractor did not agree to the execution of said amendment to the contract, no penalties accrued subsequent to June 1st would be waived. The roll call vote on Councilman Higbie's motion was as follows: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: Ridderhof ABSENT, COUNCILMEN: None Trailer Park sprinkler The City Engineer presented plans and specifications for a sprinkler system plans approved.. system for the Trailer Park, and recommended that bids be called for in this matter. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the plans and specifications were approved and the City Clerk was directed to advertise for bids to be received on July 23, 19569 by the following roll call vote, to wits AYES, COUNCILMEN. Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Discussion re omission The City Attorney stated that his attention had been directed to the in a lease to the omission in a lease to the American Marine Exploration Co., lessee, by the American Marine Board of Supervisors of Orange County, lessor, wherein certain tidelands and submerged lands in Orange County were leased with the exception of those properties as were granted to the City of Newport Beach by the State of California under Statutes of 1919 and 1927. However, other tidelands and submerged lands were granted to the City of Newport Beach by the State of California by virtue of the Statutes of 1929. These grants were omitted i from the exceptions of the lease. The City Attorney requested authorization Higbie, Ridderhof, Hill to write to the Board of Supervisors, the lessees in the lease, and the legal counsel retained, calling attention to this omission and asking that it be rectified. On motion of Councilman Wilder, seconded by Councilman ABSENT, COUNCILMENs None Hart and carried, said permission was granted. ' The City Attorney presented Resolution No. 4502, being a resolution R -4502, adopted, ' authorizing the Mayor and City Clerk to execute an agreement between the authorizing Mayor City of Newport Beach and George Lind, whereby the City agrees to pay and City Clerk to George Lind the sum of $450.00 for preliminary studies and drawings for execute agreement the additions to the Newport Beach Police Station. On motion of Council- with George Lind -. man Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4502 was adopted by the following roll call vote, to wit; AYES, COUNCILMEN. Hart, Wilder, MacKay, Stoddard, NOES, COUNCILMEN: None Higbie, Ridderhof, Hill NOES, COUNCILMEN. None G SOj ABSENT, COUNCILMEN. None The City Attorney stated that in 1952, the City commenced quiet title The City Attorney presented Resolution No. 4506 and Resolution No. R =4506 & R-4507. 4507, being resolutions authorizing the acceptance of grant deeds from Grant deeds from the Pacific Electric Railway Company to the City of Newport Beach 2 for Pacific Electric. certain property being purchased by the City for the sum of $111 /50.00. Resolution No. 4506 refers to Lots 1 to 13 inclusive of Block M, and Lot 11 of Block 115, Tract 234, and Lots 1 and 2 of Block 117, Section B, Newport Beach. Resolution No. 4507 refers to Lots 12 and 13 of Block 115, Tract 234. Said deeds are on file with the City. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4506 was adopted by the following roll call vote, to wit. AYES, COUNCILMEN. Hart, Wilder, MacKay, Stoddard, AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Stoddard ABSENT, COUNCILMEN. None The Clerk read the application of Dal Grettenberg for a permit to Dal Gretten, berg operate a public address system at 610 Edgewater, Balboa, and the re permit to application for permit of Arthur E. Gronsky, to operate a public address operate public system on the premises of the Balboa Pavilion Company. A motion was made address system. by Councilman Wilder, seconded by Councilman MacKay, that the two Also A. E. Gronsk Higbie, Ridderhof, Hill NOES, COUNCILMEN. None ABSENT, COUNCILMENs None ' On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4507 was adopted by the following roll call vote, to wits AYES, COUNCILMEN. Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN. None G SOj The City Attorney stated that in 1952, the City commenced quiet title Fc -45a Sub - action in connection with Lot 14; Block 48, River Section; Lots 7, 109 11 stitution of and 12, Block 50, River Section; Lots 7 and 8, Block 51, River Section; attorneys re Lot 11, Block 53, River Section; Lots 7 and 8, Block 54, River Section; ouiet title Lots 1, 2, 3, 42 59 6, and 7. Block 244, Canal Section. He stated that it action. would be necessary to file a substitution of attorneys, substituting Karl Lynn Davis for Harry L. Blodgett, and to dismiss said action before the City Attorney may institute an action to quiet title to the above described real property. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4503, authorizing said procedure, was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN. None ABSENT, COUNCILMEN. None ' The City Attorney presented Ordinance No. 789, being Ordinance No. 789 AN EMERGENCY ORDINANCE AMENDING AND ESTABLISHING Re Public Address AN EXCEPTION TO SECTION 4209 OF THE MUNICIPAL CODE Systems. REGARDING PUBLIC ADDRESS SYSTEMS. The City Attorney read said ordinance. A discussion was had, the Discussion, following people speaking from the floor: Mr. Arthur Kramer, Mr. Harry Ashton, Mr. Roland Vallely, Mrs. Roland Vallely, Mr. J. B. McNally, Mr. Hal Polley, and Mr. Roy Maypole. Mr. and Mrs. Vallely and Mr. Arthur Kramer opposed the adoption of Further dis- Ordinance No. 789, stating that if one person is allowed to use a public cussion and address system, everyone should be allowed to use a public address system adoption of in his business., and thereby creating the situation the City has been Ordinance No._ 789, trying to avoid of having objectionable loud noise emanating from the area around the Fun Zone. It was brought out by others that the boat excursion concessions were assets to the City and enabled visitors and residents to obtain a desirable view of the Harbor. Mr. Roy Maypole suggested that in enforcing the ordinance, it might be possible to establish the decibels allowed for each public address machine, thereby controlling the noise. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Ordinance No. 789 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Stoddard ABSENT, COUNCILMEN. None The Clerk read the application of Dal Grettenberg for a permit to Dal Gretten, berg operate a public address system at 610 Edgewater, Balboa, and the re permit to application for permit of Arthur E. Gronsky, to operate a public address operate public system on the premises of the Balboa Pavilion Company. A motion was made address system. by Councilman Wilder, seconded by Councilman MacKay, that the two Also A. E. Gronsk M Vote on original motion. applications be granted for the fiscal year ending June 30, 19572 and that the public address systems could be in use from the hours of 11:00 A.M. to 10:00 P.M. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, the aforementioned motion was amended to allow said operation of public address systems between the hours of 10 :30 A.M. to 10 :00 P.M., and for 30 days from date only, by the following roll call vote, to wit: AYES, COUNCILMENs Hart, Wilder,.MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None A vote was then.taken on Councilman MacKay °s original motion as amended, which motion carried, with one opposing vote cast by Council- man Stoddard. The City Attorney presented Resolution No. 4501, being a resolution authorizing the request that the Board of Supervisors of the County of Orange, allocate to the City of Newport Beach, the amount of $4,251.00, from County Highway Users Gas Tax Fund, for the acquisition and opening of an access road to the Corona del Mar State Beach. On motion of Council- man Wilder, seconded by Councilman MacKay and carried, said resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILNENs None Mrs. Mary Burton Mrs. Mary Burton spoke from the audience in connection with the sneaking re con- condemnation action for the proposed acquisition of a portion of Block A -34 of Block action in Corona del Mar, and Block C in Buck Gully, Corona del Mar. She said that of Block -_A-34 and the action had been approved by the State Park Board and that suit would be Block C. commenced shortly by the Attorney General. Report of City The City Attorney stated that the letter of the Junior Ebell Club of Attorney re Jr. Newport Beach, regarding a proposed amendment to Municipal Code, Section Ebell Club °s pro- 8519, which had been referred to him by the Council at the meeting held June posed amendment to 11, 1956, had been examined and the suggestion seemed impractical. On Mun. Code Sect. motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, lam. said communication was ordered filed. Adjournment. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the meeting was adjourned. Mayor ATTEST: City Cl rk - June 29, 1956 Special meeting re The City Council of the City of Newport Beach met in the Council appropriation Chambers of the City Hall at the hour of 2 :00 P.M., at the call of Mayor transfers. Hill, for the purpose of authozlzing the appropriation transfers to correct deficiencies in budgetary accounts prior to the end of the 1955 -56 fiscal year. Roll call. The roll was called, the following members being presents Councilmen Hart, MacKay, Stoddard, Higbie, Ridderhof, and Hill; Councilman Wilder being absent. Notice of special The Clerk read the notice of special meeting. Consent and waiver of meeting read. notice having been signed by all Councilmen, and now on file in the City Clerk's office, Mayor Hill called the meeting to order. Memorandum for The City Manager requested that the Clerk read the explanatory memo - appropriation trans- randum for appropriation transfers as detailed in exhibits, attached thereto, fers read and dis- to correct deficiencies in budgetary accounts before the end of the current cussion held. fiscal year. A discussion was had and an explanation of certain items on the detailed sheet was given by the Director of Finance. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, it was: Approval of RESOLVED, that the recommendations of the City Manager be, recommendations as and they hereby are, approved, as set forth in set forth in the the memorandum from Robert Shelton, City Manager, memorandum. to the Mayor and Council, numbered 55 -56 -1, dated June 299 1956, and the appropriation transfers detailed in the attachments to said memorandum be, and they are hereby, authorized.