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HomeMy WebLinkAbout01/14/1957 - Regular MeetingAdjournment. AYES, COUNCILMEN: Hart, Wilder, MacKay.-Stoddard, Hill. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof, Higbie On motion of Councilman Stoddard, seconded,by Councilman Wilder and carried, the meeting was adjourned sine die.- ATTEST: City Cleftk Regular session. The City Council of the at 'the hour- of 7:30 P.M., in City Hall. Roll call. The roll was called; no Adjournment. In the absence of a quo ATTEST: n city Clerk -- yor December 24, 1956 City of Newport Beach met in regular session the Council Chambers of the Newport Beach members answered present. :um, the City Clerk adjourned the meeting. dl - 02. Mayor r] January 14, 1957 Regular session. 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. Roll call. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Approval of On motion of Councilman Ridderhof', seconded by Councilman MacKay and minutes. carried, the reading of the minutes of December 21, 1956, and December 24, 1956, was waived,-and they were approved as written and ordered filed. Hearin g__ree The Mayor announced that the hour of 7:30 P.M. having arrived, this pos uperior was the time and place for persons owning real property within the proposed Avenue Annex." "Superior Avenue Annex" to protest said annexation. Mr. Stanley A. Barker, Letter o —pro- Attorney representing Helipot Corporation; spoke from the audience and rom He Tpot stated that the protest of Helipot Corporation was in the hands of the City Corporation. Clerk. Mr. Barker further stated that the filing of the protest represented what was deemed to be necessary in view of the lack of a legal alternative to do otherwise, but that it did not represent the personal desires of the corporation. The City Clerk read said protest. Mr. Butts spoke Mr. Donald Butts, an owner of property in the proposed annexation, or ai� nnexation. spoke from.the audience on behalf of the said annexation. Hearing closed. No further persons wished to speak, and, on motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the hearing was closed. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the Council found that the protest received was made by owners of less than one -half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll, as of the first Monday of March, 1956. R -4586 adopted, On motion of Councilman MacKay, seconded by Councilman Ridderhof and calling special carried, Resolution No. 4586, being a resolution calling for a special e ection to be election to be held on the 26th day of March, 1957, pertaining to the •ham /5`7. annexation of "Superior Avenue Annex" to the City of Newport Beach, 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 r] The Clerk presented a letter from Thomas E. Heffernan of Harwood, Heffernan & Soden, Attorneys, appealing from the decision of the Planning Commission on December 20, 1956, approving the issuance of Use Permit No. 269, for the sale of alcoholic beverages at 3436 East Coast Highway, Corona del Mar. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, a public hearing was set for January 28, 1957, to consider the appeal from the decision of the Planning Commission on Use Permit No. 269, and the Clerk was instructed to post and publish notice thereof. The Clerk presented a letter from Walter A. Lotze, stating that due to conditions beyond his control, he had lost a considerable sum of money during the past farming season, requesting that he be given a 90 -day extension in which to pay his rent in the amount of $2,700. Mr. Lotze spoke from the audience. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Mr. Lotze was granted an extension of time to pay his obligation, to and including June 1, 1957. A summary of apportionments of Motor Vehicle'License Fees for the period of June 1, 1956, through November 30, 1956, from the State ' Controller, indicating $8,029.23 as the amount allocated to Newport Beach, was presented, and ordered filed, on motion of Councilman Ridderhof, seconded by Councilman Hart and carried. The Clerk presented the following letters: •1. A letter from Mark Engleke, President, West Newport Improvement Association, expressing appreciation of the Council's action in re- jecting the request of Monterey Oil Company for permission to move its floating island into the waters opposite Newport Beach. 2. A letter from Frederick Hodgdon, opposing any oil exploration or investigation in the limits of the City of Newport Beach, either on land or offshore. 3. A letter from Robert E. Campbell stating that the Freeholders felt that any activity connected with drilling for oil, in whatever degree, would be detrimental to the develop- ment of a beautiful and progressive city and should be done only after the question had been put to the vote of the people and had passed. 4. A letter signed by James D. Ray, Henry K. ' Deister, Marco P. Anich, Lawrence B. Broering, Jr., Wallace Calderhead, Ruby Stevenson, Walter J. Gerhardt, Marion C. Forrest, G. M. Engelke, C. Lester Jones and Ruth S. Fleming, as follows: Public hearing set or January - 9� 5� re Use Permit No. Z 9. Extension of time RKE!ted Walter A. Lotze to pay zT s rent. Summar of a por_ t1.onments o Motor Ve is e License Fees. Re Oil. Letter from tiest Newport Improvement ASSOCiaCzon. Letter from Fre eric Hodgdon. Letter from Robert E. Campbell. Letter from the Freehol ers quoted. 301 The Clerk presented the report of the Planning Commission regarding R -4589, author - Tract No. 3162, a portion of the Banning Tract. A letter from the izing execution of Public Works Director was presented, recommending approval of an agreement or im� agreement submitted for improvements in Tract No. 3162, and recommending rovements g Tract approval of the Final Map of Tract No. 3162. Councilman MacKay made a No. 3 motion that Resolution No. 4589, being a resolution authorizing the Mayor and City Clerk to execute said agreement, be adopted and that ' the Final Map be returned to Mr. Jordan for delivery through the Title Insurance and Trust Company's escrow No. 4577832 -GKO. Councilman Wilder seconded the motion. A discussion was had. The City Manager stated that the subdivider had agreed to pay $15 per lot in lieu of the requirement for parks under Section 9252.32 of the Municipal Code, and that said money would be placed in a trust fund to be disbursed upon instructions from the City Council. A roll call vote was taken on Councilman MacKay's motion, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman MacKay, seconded by Councilman Wilder and Funds.derived from carried, the letter from the Public Works Director regarding Tract No. 5 per lot -allot- 3162 was ordered filed. On motion of Councilman Hart, seconded by ment to be ear - Councilman MacKay and carried, the funds derived from the $15 per lot marked or channel allotment in Tract No. 3162, are to be earmarked for channel park park development. development. On motion of Councilman Hart, Seconded by Councilman Final Ma o Tract MacKay and carried, the Final Map of Tract. No. 3162 was approved. � ap�d. COMMUNICATIONS The Clerk presented the statement from the Orange County League of Statement of dues Cities for half -year dues, January 1, 1957, through June 30, 1957, at from Orange County ' 2�. per capita on last census, $185.41. On motion of Councilman Stoddard, League of Ca ies. seconded by Councilman Hart and carried, payment of said statement was authorized. The Clerk presented a letter from Thomas E. Heffernan of Harwood, Heffernan & Soden, Attorneys, appealing from the decision of the Planning Commission on December 20, 1956, approving the issuance of Use Permit No. 269, for the sale of alcoholic beverages at 3436 East Coast Highway, Corona del Mar. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, a public hearing was set for January 28, 1957, to consider the appeal from the decision of the Planning Commission on Use Permit No. 269, and the Clerk was instructed to post and publish notice thereof. The Clerk presented a letter from Walter A. Lotze, stating that due to conditions beyond his control, he had lost a considerable sum of money during the past farming season, requesting that he be given a 90 -day extension in which to pay his rent in the amount of $2,700. Mr. Lotze spoke from the audience. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Mr. Lotze was granted an extension of time to pay his obligation, to and including June 1, 1957. A summary of apportionments of Motor Vehicle'License Fees for the period of June 1, 1956, through November 30, 1956, from the State ' Controller, indicating $8,029.23 as the amount allocated to Newport Beach, was presented, and ordered filed, on motion of Councilman Ridderhof, seconded by Councilman Hart and carried. The Clerk presented the following letters: •1. A letter from Mark Engleke, President, West Newport Improvement Association, expressing appreciation of the Council's action in re- jecting the request of Monterey Oil Company for permission to move its floating island into the waters opposite Newport Beach. 2. A letter from Frederick Hodgdon, opposing any oil exploration or investigation in the limits of the City of Newport Beach, either on land or offshore. 3. A letter from Robert E. Campbell stating that the Freeholders felt that any activity connected with drilling for oil, in whatever degree, would be detrimental to the develop- ment of a beautiful and progressive city and should be done only after the question had been put to the vote of the people and had passed. 4. A letter signed by James D. Ray, Henry K. ' Deister, Marco P. Anich, Lawrence B. Broering, Jr., Wallace Calderhead, Ruby Stevenson, Walter J. Gerhardt, Marion C. Forrest, G. M. Engelke, C. Lester Jones and Ruth S. Fleming, as follows: Public hearing set or January - 9� 5� re Use Permit No. Z 9. Extension of time RKE!ted Walter A. Lotze to pay zT s rent. Summar of a por_ t1.onments o Motor Ve is e License Fees. Re Oil. Letter from tiest Newport Improvement ASSOCiaCzon. Letter from Fre eric Hodgdon. Letter from Robert E. Campbell. Letter from the Freehol ers quoted. Letter from the "When, as Freeholders,.we drafted Freeholders the Charter, for the City of quot�ln X11. Newport Beach, subsequently adopted by vote of the people it was our intent and purpose that the prohibitions expressed in Section 1401 should be binding on individuals and legislative bodies.alike. "It was likewise our intent and purpose to provide that as to any future oii development (as defined in paragraph 3 of Section 1401) the matter should be left for the determination of a majority of the electors. In this regard it was our purpose and intent that a majority vote of the electors should determine whether or not to permit further oil development whether by ex- ploration (including core - drilling) or production (by drilling) within the limitations set forth in Section 1401. "This information is sent to you in the hope that it may be useful to you at this time." Letter from R. 5. A letter from Roland A Wright in the same A. Wright. wordage as in the letter set forth above. Letter from Central 6. A letter from the Central Newport Beach Newport Beach Community Association commending the City Co_mm�unitZ Council for its action in denying the re- ssoA ciation. quest of Monterey Oil Company to extend its testing operations along our ocean front beyond the area already granted to them, stating further that Newport Beach can continue beautiful and desirable as long as oil wells and their environments are kept completely out of the Newport Beach area. Letter from the 7. A letter from the League of Civic Associations League of i.vi.c of Newport Beach stating that at &'meeting on January Associations of 10, 1957, at which seven member associations and Newport Beach. four guest associations were represented, two resolutions were voted on and carried, i.e., one commending the Council for its action in denying the request of the oil company to core drill, and the second going on record protesting "core drilling, drilling, or any type of exploration for any future development of oil recovery, any place within the jurisdiction of the City of Newport Beach." Said letter further sets forth appreciation for the attendance of Cit7 Manager Robert Shelton at said meeting and for 'his frank and ,.gracious way of giving any information that was asked of him." Letters ordered A discussion was had, Dr. Irving E. Laby and Mark Engelke speaking i Ye. from the audience. On motion of Councilman MacKay, seconded by- Council- man Higbie and carried, the above communications were ordered filed. Request of the The Clerk read a letter from the Monterey Oil Company renewing its Mon�tereY Oil_ request, upon the basis of information disclosed through the redrilling ompaC n_�f_or of Well No. 13, for permission to conduct core drilling and exploratory ern1g; Tonto work from a DeLong -type barge in the offshore area, and requesting a core �rill�enied. conference. A discussion was held. Councilman Hart stated that Mr. Paul Paine of the Technical Oil Advisory Committee had made the statement that a core drilling site was a drill site. Councilman Hart, since the contract prohibits any drill sites south of 101 Highway and westerly of the bluff at 57th Street, made a motion to deny the request of the Monterey Oil Company, which motion was seconded by Councilman Higbie. Councilman Ridderhof stated that he thought that it would be wrong to make a decision on this matter without having a complete discussion on the matter and hearing from all the people concerned, Councilman Hart stated that we had heard many times from the Monterey Oil Company and that the citizens had also written and spoken their views on the matter. Councilman Wilder thought that action should be deferred on the matter until further discussion with the Monterey Oil Company. A roll call vote was taken on the motion to deny the request of the Monterey Oil Company, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Hill NOES, COUNCILMEN: Wilder, MacKay, Ridderhof ABSENT, COUNCILMEN: None Statements of A further discussion was held, and Councilman Ridderhof stated that his Councilman vote was to approve a conference and not to approve the core drilling. It was Ridderh o thought that a conference would no longer be desired since the motion to deny the request of Monterey for core drilling had carried.. Councilman Wilder wished to go on record as follows: 11I would like to make certain remarks regarding the DeLong barge, and I would like to have them included in the minutes of this meeting, if you don't mind. I ' want to do it because we have an audience here interested in it and I think it might be of some value to have these remarks on the record. "The City Council has this evening disapproved the request of Monterey Oil Company to core drill in tidelands now owned by the City of Newport Beach. The Council, by so doing, has refused the services of a professional organization which has a very expensive piece of equipment lying offshore. Its value is about four million dollars. The daily operating cost, we are told, is approximately $10,000 per day. This equipment can take underground samples of corings, geological formations offshore in the tidelands owned by the City of Newport Beach, over a brief period of time, it might take them a week or two weeks to complete their operations out there and give this City accurate information pertaining to those offshore geological formations and that information would reveal to us whether or not there are any underground oil pools in the tidelands which this City now owns. "I submit for your consideration that the time may come in the future when it will be of extreme ' importance to this City to know whether or not oil pools do lie offshore in tidelands owned by this City. I submit to you that this is an opportunity where, by proper handling of the matter, this City's officials might very well be able to secure the information which the Monterey Oil Company will obtain if they do locate their barge temporarily in our tidelands and do go ahead with their core drilling. I repeat to you, that by refusing their request tonight, we have, in effect, turned down an offer which I think may not be available again." Councilman Hart brought out that even though the Monterey Oil Company submitted facts which would be revealed by the proposed core drilling, the experts might disagree as to the interpretation of the facts. A letter was presented from the Civil Service Board recommending that the City Council retain some experienced, professional consultant to make a complete review of the Civil Service organization of Newport Beach in order that the conflicting Rules and Regulations of the Civil Service Board, Ordinances of the City of Newport Beach, and pertinent provisions in the Charter may be amended to coincide as to authority and to be modernized. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Manager was authorized to proceed to interview firms and get proposals to comply with the request of the Civil Service Board. Mr. Edward Healy spoke from the audience and said that the Board would be happy to cooperate with the City Manager in efforts to obtain the consultant needed. The Clerk presented two copies of Applications for Alcoholic Beverage License, i.e.: Bert L. Jordan and Norah P. Jordan, Hilltop, ' 471 North Newport Boulevard, Newport Beach, on -sale beer; Hyman D. Beckman, Thomas F. Gorman and Louis D. Shaver, Gino °s Restaurant, 2922 West Coast Highway, Newport Beach, on -sale beer. Both appli €ations had been cleared by the Police Department, City Attorney and Planning staff; and Use Permits were not required. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said communications were ordered filed. Statements of Council man Wilder. Statements of Councilman Mirt. Request of J. R. and 0. 0. Packard re vacation of ortion of westerly end or Channel Place on Newport Island. Letter from Civil Service Board ra reco nit�on o Coach Ralph Reed's services to the City. Letter from Civil Service Board re review of the Rules an Regu ataons o said Boar . Ag for A1. Bev. License: top, Gino s. The Clerk presented a letter from Jesse R. Packard and Osa 0. Packard, 4028 Channel Place, Newport Beach, requesting investigation and abandonment of unused portion of the westerly end of Channel Place on Newport Island, stating that cars are coming over the dead - end too fast for safety to life and property and that a climax was reached on December 23d, 1956, when violence was committed. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the discussion of this matter was continued until the next regular meeting of the Council. (See further mention of this subject in the minutes of this meeting.) ' A letter was presented from the Civil Service Board calling attention to the fine services of Coach Ralph Reed of the high school for conducting the agility examinations for Civil Service classified personnel for approximately ten years with no compensation. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said letter was ordered filed and the City Manager was instructed to express to Coach Ralph Reed the appreciation of the Council and the City in an appropriate manner for the excellent gratuitous services he has rendered the City. Mr. Edward Healy spoke from the audience in regard to this matter. A letter was presented from the Civil Service Board recommending that the City Council retain some experienced, professional consultant to make a complete review of the Civil Service organization of Newport Beach in order that the conflicting Rules and Regulations of the Civil Service Board, Ordinances of the City of Newport Beach, and pertinent provisions in the Charter may be amended to coincide as to authority and to be modernized. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Manager was authorized to proceed to interview firms and get proposals to comply with the request of the Civil Service Board. Mr. Edward Healy spoke from the audience and said that the Board would be happy to cooperate with the City Manager in efforts to obtain the consultant needed. The Clerk presented two copies of Applications for Alcoholic Beverage License, i.e.: Bert L. Jordan and Norah P. Jordan, Hilltop, ' 471 North Newport Boulevard, Newport Beach, on -sale beer; Hyman D. Beckman, Thomas F. Gorman and Louis D. Shaver, Gino °s Restaurant, 2922 West Coast Highway, Newport Beach, on -sale beer. Both appli €ations had been cleared by the Police Department, City Attorney and Planning staff; and Use Permits were not required. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said communications were ordered filed. Statements of Council man Wilder. Statements of Councilman Mirt. Request of J. R. and 0. 0. Packard re vacation of ortion of westerly end or Channel Place on Newport Island. Letter from Civil Service Board ra reco nit�on o Coach Ralph Reed's services to the City. Letter from Civil Service Board re review of the Rules an Regu ataons o said Boar . Ag for A1. Bev. License: top, Gino s. �i Letter from Seaator A letter was presented from Senator Murdy advising that the Charter Murd re Charter Amendment (regarding Trailer Park public beach, voted on at the election ene ent Trai er of April 10, 1956).had been passed by the Senate on January 7, 1957. On Park public eac motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said letter was ordered filed. h Al Nielsen, The Clerk presented the Application for License of R. Alyn Nielsen, Affl-Boat Rentals, 2914 Cliff Drive, Newport Beach, for Bal -Boat Rentals, Ltd., at Ferry Lt at Ferry Landing, Balboa Island, consisting of watercraft for hire, U- Drive, sail, Len ind' g. rowboats, paddleboards and_ outboards;,being a change of ownership, having been approved by'the Building, Fire and Police Departments. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, said Application was approved. R. Alyn Nielsen, The Application for License was presented of R. Alyn Nielsen, 2914 Ba -Boat Rentals, Cliff Drive, Newport Beach, for Bal -Boat Rentals, Ltd., at 705 Edgewater Lt at Street, Balboa, consisting of watercraft for hire, U- Drives, sail boats, E gewe- r. rowboats, paddleboards and.outboards; being a change of ownership, having been approved by the Building, Fire and Police Departments. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said Application was approved. ADDITIONAL BUSINESS Oaths of Office: The Clerk presented the Oaths of Office of Reserve Police Officers J. C. Marsl�ai1, John C. Marshall, Daniel Milton Tucker and Norman Dale Crayton. On D. Tuc er, N. D. motion of Councilman Wilder, seconded by Councilman Stoddard and carried, Crayton. said Oaths of Office were approved. , Recess. The Mayor declared a three minute recess and Councilman Wilder left the meeting at this time. R -4587 authorizing LICENSES App. for Exempt The Clerk presented the Application for Exempt License of Dorothy L. License of Newport Palen, President, Newport Harbor Business & Professional Womens Club, Inc., Harbor Business & to conduct March of Dimes campaign, placing containers in various business Pro essona Womens i. houses and "Mothers March" to be held on January 31, 1957, which had been Club, Inc. re approved by the Police Department and City Attorney. A discussion was had March of Dimes. as to whether or not it would be advisable to allow the solicitation requested since it might defeat the purpose of the United Fund drive. Mr. and Mrs. and on the same terms on or before February Harvey Somers spoke from the audience, and Mr. Somers stated that the whole 1, 1957. charitable solicitation should be set up on a basis whereby we would pertinent paragraphs. of the contract: On eliminate many of these drives. A.motion of Councilman Wilder, seconded by motion of Councilman MacKay to instruct the City Manager to write the person who filed seconded by Councilman Stoddard and carried, the Application and indicate to the Business & Professional Womens Club 2esolution that the Council looks with disfavor on any other charitable drives by the following roll call vote, to wit: other than the United Fund Drive, was denied by the following roll call vote, to wit: AYES, COUNCILMEN: Wilder, MacKay NOES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill ABSENT, COUNCILMEN: None On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said Application for the March of Dimes campaign was granted. Amp. for License The Application for License was presented of R. Alyn Nielsen, 2914 o R. yr Nilsen, Cliff Drive, Newport Beach, to conduct a Penny Arcade at 703 Edgewater Penny cam Street, Balboa, for such games as are permitted under Section 6113.1 and ' conditions of Section 6202.5; being a change of ownership, having been approved by the Police, Fire and Building Departments. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said Application was approved. h Al Nielsen, The Clerk presented the Application for License of R. Alyn Nielsen, Affl-Boat Rentals, 2914 Cliff Drive, Newport Beach, for Bal -Boat Rentals, Ltd., at Ferry Lt at Ferry Landing, Balboa Island, consisting of watercraft for hire, U- Drive, sail, Len ind' g. rowboats, paddleboards and_ outboards;,being a change of ownership, having been approved by'the Building, Fire and Police Departments. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, said Application was approved. R. Alyn Nielsen, The Application for License was presented of R. Alyn Nielsen, 2914 Ba -Boat Rentals, Cliff Drive, Newport Beach, for Bal -Boat Rentals, Ltd., at 705 Edgewater Lt at Street, Balboa, consisting of watercraft for hire, U- Drives, sail boats, E gewe- r. rowboats, paddleboards and.outboards; being a change of ownership, having been approved by the Building, Fire and Police Departments. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said Application was approved. ADDITIONAL BUSINESS Oaths of Office: The Clerk presented the Oaths of Office of Reserve Police Officers J. C. Marsl�ai1, John C. Marshall, Daniel Milton Tucker and Norman Dale Crayton. On D. Tuc er, N. D. motion of Councilman Wilder, seconded by Councilman Stoddard and carried, Crayton. said Oaths of Office were approved. , Recess. The Mayor declared a three minute recess and Councilman Wilder left the meeting at this time. R -4587 authorizing The Clerk presented Resolution No. 4587, being a resolution authorizing execution of con- the Mayor and City Clerk to execute a contract with Stone & Youngberg for tract wit Stone & financial consulting services in connection with the proposed reservoir, said Youngberg for contract being conditioned that the City of Costa Mesa shall employ Stone & tinancial consultingYoungberg in a similar capacity and on the same terms on or before February services re 1, 1957. The City Manager read pertinent paragraphs. of the contract: On reservoir. motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, 2esolution No. 4587 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacICay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder R -4588, amending Resolution No. 4588, being a resolution amending Schedule B of the Compensation Plan Compensation Plan, to provide classes of position and salary range for re Rec. Le— ader -I Recreation Leader I ($1.00), Recreation Leader II ($1:50), Administrative and II, and Secretary (Salary Range 15), Administrative Assistant (Salary Range 18), miive was presented. On motion of Councilman MacKay, seconded by Councilman Secretary and Stoddard.and carried, Resolution No. 4588 was adopted by the following roll Assistant. call vote, to wit: AYE'S, COUNCILMEN: Hart,. MacKay, Stoddard, Higbie, Ridderhof, Hill ' NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Discussion re The City Manager read a communication from Harvey Somers directed to vaca ion an the Council, setting forth the request of property owners in the East Side a band onmen of addition to Balboa Tract, to abandon the easement for street purposes of portion of Bay that portion of Bay Avenue running easterly from G Street, Bay Avenue being Avenue. contiguous to and lying between the property represented. The City Manager 3® explained that the property was approximately 90% under water at high tide and that it was of little or no use to the City. He further stated that the property owners desired to deposit $2.75 per lot in an escrow, which funds would be turned over to the City for public improvements on the Peninsula easterly of Main Street without specific designation as to the location or type ' of improvement. Councilman MacKay stated that the abandonment request would not affect the street ends as abandonment was not requested at said locations. He also stated that a plan had been devised to limit shore moorings to three street ends only, thereby providing more suitable arrangements for bathing and for boat moorings. Councilman MacKay made a motion that the City Attorney be authorized to commence abandonment proceedings of the underwater property in front of residential lots on that portion of Bay Avenue running easterly from G Street. Councilman Higbie seconded the motion. Mrs. Phillip Burton spoke from the audience as did Mr. Wright. City Attorney Davis explained that the property was not waterfront property since there is private property bayward of the easement. Mayor Hill called for a vote on the question and Council- man MacKay °s motion carried unanimously. The City Clerk read a report from the City Manager regarding Re amendment to an amendment to the parking meter enforcement policy, proposing parking meter that the location of Newport Boulevard, between 26th and 30th en orcement policy. Streets, be excepted from year around meter enforcement. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the recommendation of the City Manager was approved. The City Clerk read the report of the City Manager regarding Report orf C�it the business license of the Rendezvous Ballroom, recommending that Manager_e— business the City Council set a date for the hearing on the suspension or license of revocation of the business license issued to Messrs. Clyde Johnson Ren` e� zvous Ballroom. and Al Anderson, on the ground that said hearing may reveal that the Hearing set or business conducted under said license has become dangerous to and February 4, M7. ' adversely affects the public health, safety, welfare and morals. On motion of Councilman MacKay, seconded by Councilman Hart.and carried, the recommendation of the City Manager was accepted and the matter was set for hearing on February 4, 1957, at the hour of 7:30 P.M in the Council Chambers. The City Manager stated that the Census Bureau had estimated City Manager author - the cost of the proposed Special Census to be approximately $3070. ized to execute Since the cost is based upon the number of people in the area, the docume nts re Special City Manager stated that he was more optimistic and thought the cost Census. Fund Trans - would be closer to $3500. Fund Transfer No. 83 was, on motion of er No. 83—author--_ Councilman Hart, seconded by Councilman Higbie and carried, authorized, 1ze . transferring $3500 from Unapplied Appropriations and Reserves to Special Genus, Contractual Services. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the City Manager was authorized to execute documents which will enable the Cenus Bureau to conduct the Special Census. Ordinance No. 808, being Ordinance No. 808. AN ORDINANCE OF THE CITY OF NEWPORT BEACH Plumbing_ ordinance. REQUIRING PERMITS AND PROVIDING RULES AND REGULATIONS FOR THE CONSTRUCTION AND INSTALLATION OF PLUMBING; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCE NOS. 379 AND 493 OF ' THE CITY OF NEWPORT BEACH was presented. On motion of Councilman Hart, seconded by Councilman City Mana er in- Ridderhof, the first reading of said ordinance was waived. A dis- structe to ire are cussion was had. Mr. R. A. Glenn spoke from the audience. Council- recommendations re man Stoddard inquired as to why the ordinance required cast iron t is matter. pipe instead of less expensive types of pipe. It was deemed advisable to investigate this matter further, and on motion of Councilman Hart, seconded by Councilman MacKay and carried, the motion to waive the first reading of the ordinance was rescinded. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the discussion of this ordinance was continued to the next meeting and the City Manager was instructed to prepare recommendations regarding this matter. The Director of Public Works presented, and recommended of, the Application of Stewart Babcock to construct pier and bayward of Lot 889 and the southeasterly half Lot 888, Tract being 213 Via Lido Soud, subject to approval of the Corps of On motion of Councilman Ridderhof, seconded by Councilman St and carried, the recommendation of the Public Works Director accepted. approval Application o£ float Stewart Babcock No. 907, or pier an r oat. Engineers. :)ddard , was 'The Director of Public Works ppresented and recommended Application of _ approval of,.'the Application.of:Robett Ingram to construct ramp, Ro ert� Ingram And slips bayward of. Lots 4 =.and the southeasterly 13'feet of 'Lot or ramp and slips. 3; Tract No.' 815*, located : at.617•- :31st;Street, subject to .the approval of the Corps.of ..Engineers. .On- motion, of Councilman Hart, ' seconded by Councilman Ridderhof. and carried, said- recommendation was accepted. Authorizing payment The Clerk read the report of the City Attorney regarding the action of to Wa ter E. D son Walter E. Dyson vs. the City of Newport Beach before the Industrial Accident the balance o Commission. On motion of Councilman MacKay, seconded by Councilman Hart sum due. and carried, the recommendation of the City Attorney that Mr. Dyson should receive payment for the total of one full year's salary was accepted, and payment of the balance of the sum due Mr. Dyson, was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill .NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Recommendations of The City Manager read the report submitted by the Parks, Beaches & B &R re camp fire Recreation Commission in connection with the study of camp fire areas in areas. the City of Newport Beach, making the following recommendations: That Section 3112 of Article 3, Chapter 1, of the Newport Beach Municipal Code be repealed and a new section written to include the following provisions: 1. No beach or camp fires shall be made, set or maintained at any place within the City of Newport Beach, except as follows: (a) At areas where proper containers are provided for such fires by the City of Newport Beach. (b) At areas where City of Newport Beach signs are plainly posted indicating such fires are permissible. 2. Beach or camp fires, under any condition, must be within the confines of the fire containers provided by the City of Newport Beach. It was further recommended that Section 3107 of said Chapter be amended and the words "except where posted or by'special permission of the Newport Beach Fire Department" be added. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, the City Attorney and the City Manager were instructed to draw up amendments to the ordinance in accordance with the recommendations set forth above. Fund Transfer Fund Transfer No. 80, from the.Parks, Beaches and Recreation, was No. 80. presented to finance replacement of Park Division water tank truck for multi - purpose work, in the amount of $1,353.04, from Vacation Reliefs to Capital Outlays Equipment. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, said Fund Transfer was approved. Fund Transfer The request of the Parks, Beaches and Recreation for Fund Transfer Nos. 78 and 79. Nos. 78 and 79, to effect proper payment of Recreation Adult League Officials, was presented, and said Fund Transfers were approved on motion of Councilman MacKay, seconded by Councilman Hart and carried. Fund Transfer The request of the Public Works Director for Fund Transfer Nos. 81 and Nos. 31 and U2. 82, to effect proper payment for Bayside Drive Improvement, was presented and approved on motion of Councilman Ridderhof, seconded by Councilman Hart and carried. Authorizing the Councilman Hart brought to the attention of the meeting that a re- commencement ot examination of the map submitted with the request of Jesse R. Packard and procee in or Osa 0. Packard for the abandonment of the unused portion of the westerly vacation end of Channel Place on Newport Island, had been made during the recess of ortion o the meeting, and that he was convinced that the request of the Packards anne P ace. should be granted in view of the fact that the Packards have apparently agreed to bulkhead the 85 lineal feet along the proposed abandonment. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the commencement of proceeding for vacation of a portion of Channel Place, as indicated in red on drawing No. L -2480, was authorized. Ordinance No. 806 Re municipal operated —arkin ot. The City Attorney gave.a report on the Tidelands litigation and related subjects. He stated that he was withholding the filing of our Complaint of Intervention in the County of Orange suit against the State of California until the State of California had filed its Answer in said suit. He further stated that he had been in conference with County Counsel Joel Ogle, Mr. Heinz Kaiser, and Mr. Shelton, and that the general feeling of the meeting had evidenced a spirit of cooperation and that apparently there is no intent on the part of the County to infringe upon the rights of the City of Newport Beach. In connection with the arrangements made by the City of Newport Beach to deed Blocks 14 -A and 15 -A as matching lands to the State of California for the acquisition of Corona del Mar State Beach, Mr. Davis stated that an attempt had been made to have the deeds to the State modified, but had been unsuccessful to date. He also said that a further study would be made and a written report given in regard to this matter. The Clerk presented Ordinance No. 806, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9105.1(f) OF CHAPTER 5, OF ARTICLE IX OF THE MUNICIPAL CODE OF NEWPORT BEACH 1 1 to include "municipally operated parking lot," for second reading and public hearing.. Mayor Hill opened the meeting for protests, if any, to the adoption of said ordinance. .An.inquiry was made- from the audience as to the interpretation of the ordinance. There were no protests and Mayor Hill closed the hearing. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the second reading of Ordinance No. 806 was waived. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, Ordinance No. 806 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Ordinance No. 807, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9102.2 OF ARTICLE IX OF THE MUNICIPAL CODE OF NEWPORT BEACH changing zoning of Tract No. 3068 from U to R -1 -B, was presented for second reading and public hearing. Mayor Hill opened the meeting for protests, if any, to the adoption of said ordinance. There were no protests and Mayor Hill closed the hearing. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the second reading of said ordinance was waived. On motion of Councilman MacKay seconded by Councilman Ridderhof and carried, Ordinance No. 807 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, .MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the meeting was adjourned sine die. ATTEST: City Giterk Mayor January 28; 1957 ti Hearing held. Ordinance No. 806 a opted . Ordinance No. 807. Chan inozoning of Tract No. X068. H_e�a�_r__i� O- rdnar ce No. 807 ado tec Adjournment. The City Council of the City of Newport Beach met in regular session 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: Council- men Hart, Wilder, MacKay, Stoddard, Higbie and Hill; Councilman Ridderhof being absent. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the reading of the minutes of January 14, 1957, was waived, and they were approved as written and ordered filed. At the request of Mayor Hill, Acting City Attorney John Penney explained to the audience the nature of public hearings held by the Council in connection with appeals from the decisions of the Planning Commission. Mayor Hill opened the meeting for public hearing in connection with the appeal from the decision of the Planning Commission, whereby the Application of Douglas H. Buell for Use Permit No. 269 was granted, permitting the sale of alcoholic beverages at 3436 East Coast Highway, Corona del Mar, Lot 4, Block 1, Tract Corona del Mar, Zone C.-I. The Clerk read the report from Walter M. Longmoor, Chairman of the Planning Commission, substantiating the reasons for the granting of said Use Permit on December 20, 1956. The report sets forth that a majority of the Commissioners, after a full and complete discussion among themselves and with the public which attended the hearing, decided that the sale of alcoholic beverages at 3436 East Coast Highway, did not create a serious adverse effect upon the immediate residential neighborhood. Mr. A. K. Phelps, Attorney representing the applicant, Douglas ' H. Buell, spoke from the audience. He stated that the Council sitting as a legislative body should be influenced by the opinion of the people, but the Council sitting as a judicial body, as in this instance, should render a decision based solely upon fact submitted and the laws governing. Mr. Phelps stated that the applicant proposed to sell beer in an area in which other licenses for the sale of alcoholic beverages have been granted, in an area where traffic is extremely heavy, and in an area where owners of adjoining business do not object to the proposed sale of beer. He introduced into the record the following: Roll call. Approval of minutes. Ex lanation of pub - acl �iearings -by Act- ing City Attorney. Public hear�ng�re Use Perma N— 0. Z69, Douglas H. B5ell Statements of A. K. Phelps, Attorne representing the applicant.