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HomeMy WebLinkAbout07/08/1957 - Regular MeetingM %_ , (C A Summons and Complaint served on the City Clerk on ,tune 21, 1957, Summons and in Case No. 72858, Orange County Superior Court Action, Newport Mesa om agnt Mgt County Water District vs. City of Newport Beach, et al., were presented. �[esa County a On motion of Councilman Higbie, seconded by Councilman MacKay and strgct. carried, said Summons and Complaint were referred to the City Attorney. Resolution No. 4662, being a resolution authorizing the Mayor and City Clerk to execute a renewal of lease between the City of Newport Beach and the Lido Isle Community Association, was presented. Said lease is for an observation tower for the Ground Observer Corps, and for the period of April 12, 1957, ending on April 11, 1958. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4662 was adopted by the following roll call vote, to wit: AXES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Hill Acting Mayor Stoddard stated that a Land Use Variance had been presented to the Orange County Planning Commission for permission to install a 200 acre gravel pit located at the Santa Ana River, upstream, at the Yorba Bridge. He stated that the Orange County Water District and the Metropolitan Water District were very concerned with the problem presented due to the proposed pit being in the vicinity of the spreading grounds used by the Orange County Water District. The Orange County Water District had adopted a resolution numbered 446 opposing the gravel pit installation. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the following Minute Resolution was adopted: ' RESOLVED, that the City Council of Newport Beach concurs in Resolution 446 of the Orange County Water District, said Resolution being dated May 23, 1957, and orders that the Director of Public Works appears as necessary before the Orange County Planning Commission and the Board of Supervisors to represent the City of Newport Beach, and to assist the Orange County Water District in their presentation before these bodies. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the meeting was adjourned. ATTEST: mayor 1 Mayor Pro Tempore ,duly 8, 1957 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: Council- men Hart, Wilder, MacKay,Stoddard, Ridderhof and Hill; Councilman Higbie being absent. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, the reading of the minutes of .tune 24, 1957, was waived and they were approved as written and ordered filed. server Discussion re Minute Resolution are the a ove. Adjournment. Regular session. Roll cal Approval of m3 tes. Mayor Hill opened the meeting for a public hearing in connection Public hearing re with the Final Report and recommendations of the Council- Appointed Special YcRaaa Report_or Committee on the Corona del Mar Beach Problems. The City Manager Committee on rche explained in detail the five principal proposals set forth in the Report _0 71 pro ems for the improvement of said beach, i.e.: A. Establishment of uniform parking fees. B. Entrance control. C. Redesign parking lot lay -out. D. Control of upland parking; containing, among other recommendations two alternative suggestions for the control of general upland parking: (a) to prohibit parking on certain streets on Saturdays, Sundays and holidays only; or (b) to limit parking on certain streets, to two hours on Saturdays, Sundays and holidays. E. Policing and maintenance. Proposals set or- t in Report. W `ie a.i Discussion b members The following people participated in the discussion regarding the OF t e au fence. proposed plan: Mr. Lawrence, Mr. J. P. Ingram, Mr. D. H. Crum, Mr. Hubbard Richter, Mr. A. K. Phelps, Mr. Dave. Curtis, Mrs. Philip Burton, Mr. H. J. Lorenz and Mr. T. T. Westgate. Discussion re, an It was brought out in the discussion that the plan for removing or remov�ng the the existing oiled lot, in the area under discussion, did not seem ex— i�°sting oiled lot. feasible. It was the consensus of the Council that the alternative suggested for the control of general upland "parking, designated as "D.(a)" above and "D.3.(a)" in said Report, was the more practical solution to the problem. Hearing closed. Mayor Hill closed the hearing. On motion of Councilman Stoddard, Report — o opted-in seconded by Councilman Wilder and carried, the "Final Report Council - pri.ncip e. Appointed Special Committee on Corona del Mar Beach Problems' was wh it a Insurance adopted in principle and the City Manager was instructed to implement Trust Company. the plan as rapidly as possible. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Manager was instructed not to implement Item "C.1.," (the proposed removal of the existing oiled lot), that the lot be left as it is. 'On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Manager was instructed to establish the proposed control of general upland parking designated as "D.3.(a)." Committee commended. Persons in the audience and also members of the Council, commended the Committee for its comprehensive study and report in regard to the problems existing at the Corona del Mar beach. Transfer of funds The City Manager requested that the Council authorize the transfer aut ori.ze . of $3500 from Council- Contingencies and the Parking Fund to the appropriate budget, in order that the work contemplated and ordered, may be commnced. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the transfer of $3,000 from the Parking Fund, and $500 from Council - Contingencies to the appropriate budget, was authorized. Mayor Hill opened the meeting for the continued public hearing re- garding Ordinance No. 824, designating Poppy Avenue a one -way street, northbound traffic only, from Ocean Boulevard to the first alley south- westerly of East Coast Highway. The City Manager read a report from the Traffic Committee recommending that the experiment commenced subsequent to the Council meeting of ,Lune 24, 1957, be continued and remain in effect until September 15, 1957, and that no further action by the Council be taken at this time. A discussion was had, with the following people speaking from the audience: Mrs. Robert Rea, Mrs. Charles Hampton, Mr. Hubbard Richter, Mrs. Dave Curtis and Mr. Fred L. Hershorn. Mayor Hill closed the hearing. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the Council's previous action in' passing Ordinance No. 824 to second reading was rescinded by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Discussion re. "No Consideration was given to the arguments of property owners as to Parking" or red which side of Poppy Avenue should have "No Parking" or red curbs. In Curbs. view of the fact that the present experiment is working well, having "No Parking" signs on the west side of Poppy Avenue, Councilman Stoddard made a motion, which was seconded by Councilman Ridderhof and carried, that the west side of Poppy Avenue, in the 300 block, have "No Parking from 8:00 A.M. to 6:00 P.M." signs until September 15, 1957. Continued public Mayor Hill opened the meeting for a continued public hearing earring re Resolution regarding Resolution of Intention No. 4642, to close up, vacate and 0o Intention NO +fib abandon a portion of Clubhouse Avenue, Canal Section, Newport Beach. to vacate ortion o The Clerk presented a letter from Donald D. Harwood, Attorney representing C- Tu�biouse venue. William Cagney, stating that inasmuch as Mr. Cagney had agreed to convey portions of his property to the City and had agreed to bulkhead and pave the full length of the proposed alley at his own expense, he was unwilling to agree that the southerly portion of the alley be reduced to fifteen feet. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Further discussion Mr. C. D. Buckman spoke from the audience and stated that either he held. R- had misunderstood, or the facts had been misrepresented to him, but that a te re greement he was of the opinion that the proposed bulkheading was to be 5' easterly wh it a Insurance from its location in the plans as they now stand. Mr. J. R. Buckman spoke Trust Company. from the audience reiterating the request of his son that the bulkhead be 5' easterly. Mrs. Kovacs stated that she was pleased to have Mr. Cagney do the proposed bulkheading;. however, she felt that the Buckmans should obtain the additional 5' water frontage requested. The Public Works Director stated that, to the best of his knowledge, the proposed bulkheading as presently contemplated was described to all those concerned and that the Quitclaim Deeds had been obtained in a legitimate manner. Mr. Richard Atwell spoke from the audience commending Mr. Webb for the work he has done in attempting to solve this problem, but seeming to agree that the bulkhead should be 5' easterly. A further discussion was had. On motion of Council- man MacKay, seconded by Councilman Ridderhof and carried, the hearing was closed. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the execution of a proposed Agreement with the Title Insurance & Trust Company was authorized by adoption of Resolution No. 4675 by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie 1 1 J On motion of Councilman Hart, seconded by Councilman MacKay and carried, the execution of a proposed Agreement with Richard Atwell was authorized by adoption of Resolution No. 4676 by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4670, accepting a Quitclaim Deed from Richard Atwell, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN NOES, COUNCILMEN: ABSENT, COUNCILMEN: On motion of Councilman carried, Resolution No. 4671, Delbert Buckman, et al., was to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill None Higbie MacKay, seconded by Councilman Hart and accepting a Quitclaim Deed from Charles adopted by the following roll call vote, Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill None Higbie On motion of Councilman Hart, seconded by Councilman MacKay and carried, the City Clerk was authorized to return certain reconveyances to the property owners. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4672, ordering the abandon meet of a certain portion of Clubhouse Avenue, Canal Section, Newport Beach, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Mayor Hill declared a five minute recess at this time. COMMUNICATIONS R -4676 adopted, re Aq eement wi Ric ala r = R °4670 adopted, accepting uit= cim Dee from R. Atwell. R -4611 :L ted re uit c�a e ea C. D. Buckman, et a . R -4672 adoleted, orde-ring vacation ofortion Avenue. " of � Recess. The Clerk presented a letter from Ira Smith, President of Letter from Corona Highlands Property Owners Association, Inc., suggesting that an Corona ands adequate firebreak be plowed in the property directly adjacent to the �ropeer_t __ Hers Corona Highlands residential area. On motion of Councilman Hart, Assoc-Mat -on, seconded by Councilman MacKay and carried, said letter was referred re firebreak. to the City Manager for report and recommendation. A letter was presented from William A. Kirk, Lyman Farwell and Harvey Somers, Balboa, requesting, on behalf of certain property owners in the Eastside Addition to the Balboa Tract, the abandonment of the easement for street purposes of that portion of Bay Avenue running easterly from C Street to G Street, and excepting therefrom that portion of Bay Avenue where the extension bayward of "C1° "D" "E" "F" and 'G" Streets crosses it. (Thirty-nine letters from property owners re- questing said abandonment, were attached to Mr. Kirk's letter.) The proposed abandonment involves the following described property: Eastside Addition to Balboa Tract Lots I to 18 inc., Block 17 Lots 1 to 12 inc., Block 19 Lots 1 to 14 inc., Block 21 Lots I to 10 inc., Block 23 Bayfront Section of Balboa Tract Lots 1 to 18 ins., Block K Lots 1 to 12 inc., Block L Lots 1 to 13 inc., Block M Lots 1 to 10 inc., Block N On motion of Councilman MacKay, seconded by Councilman Hart and carried, the request was approved, in principle, and referred to the City Manager and City Attorney for preparation of the necessary documents. A letter was presented from the State of California, Regional Water Pollution Control Board No. 8, stating that a public hearing will be held on July 26, 1957, in the Council Chambers of the City of Newport Beach at 1 :30 P.M., to take testimony on the beneficial uses made or intended to be made of the waters of the ocean, bays and estuaries within the region. Councilman Stoddard stated that the hearing referred to would be open for comments from anyone interested in any use of the waters whatsoever, such as boating, skin diving, swimming, or interested in regard to the cleanliness of the waters. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said letter was ordered filed. Request for sanof portion o ay venue. Request approved. Re haarina to be hello by State Regional Water Po ution ontroI Boar No. S. 0 �Re a re Fourth On motion of Councilman MacKay, seconded by Councilman Wilder and a Liao Isle carried, a letter - request from Bunster Creely, Business Manager of Lido Roundup. Isle Community Association, for permission to close and /or control certain streets on Lido Isle for traffic on July 27, 1957, between 10:00 A.M. and Midnight, for the Fourth Annual Lido Isle'Roundup.a.street carnival, was granted. Re uest for en The Clerk presented a letter from Dr. ,Patricia Simmons, Director of �orsement o ri- Tri- College Survey, stating that three junior colleges of Orange County T ege Survey. are engaged in an occupational survey- research project of the entire county, sponsored by the Associated Chambers of Commerce, stating that junior college training will be offered as the needs are revealed by the survey. Said letter requests endorsement of the project by the City Council. On motion of Councilman Wilder, seconded by Councilman Hart and carried, it was directed that an appropriate letter be directed to Dr. Simmons endorsing the survey project which is under way. Re Motor Vehicle The Clerk presented a letter from the Controller of the State of icense Fees. California, dated June 20, 1957, regarding Motor Vehicle License Fees and a Summary of Apportionments of said Fees, for the period of December 1, 1956, to May 31, 1957, indicating the share of Newport Beach to be $101,709.60. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said communications were ordered filed. Letter from M. E. The Clerk presented a letter from Mary E. Waters, Los Angeles Waters re i in Attorney, property owner at-121 Grand Canal, protesting the plan for In the Gran Cana . filling in the Grand Canal. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, said letter was referred to the City Manager. Time extension for The request of J. Leslie Steffensen, Chairman of the Citizens' final report of Advisory Committee on Capital Improvements, for an extension of time to Citizens. Committee. July 22, 1957, to present the Committee's final report, was' granted on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried Discussion regarding The Clerk read a letter from Dr. Irving Laby, President of the Central street end plantings. Newport Beach Community Association, stating that the.agreed plan for the improvement of street end beaches has not been followed on the east side of 13th Street, and urging that immediate steps be taken.to correct this mistake. The City Manager explained that he was of the opinion that at the time the Council approved the plan for street end plantings in principle, that the exact dimensions of the plantings were not stipulated by the Council. He felt that the concrete edgings installed on the west side of 13th Street were attractive and necessary to accommodate the plants, and it was his opinion that the City should go ahead with the plantings at 13th Street. Mr. Edward T. Healy spoke from the audience objecting to any deviation from the agreed plan. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the matter was referred to the City Manager. LICENSES Harbor Ambulance On motion of Councilman Wilder, seconded by Councilman Ridderhof and Service. carried, approval was given to the Application for License of David Cones Gardner, 2028 Newport Boulevard, Costa Mesa, for Harbor Ambulance Service in Newport Beach. A. Si alos for On motion of Councilman MacKay, seconded by Councilman Wilder and portable food stand carried, approval was given to the Application for License of Anthony at spot. Sigalos, for portable food stand at Helipot, Orange County Food Service, Inc., substantiated by a letter from Roy W. Holm of Helipot stating that said service is desired until such time as adequate facilities are.open within the Helipot building. E. C. Reese and L. T. The City Manager presented an Application for License of Elliott C. Vogel or restaurant Reese and Lois T. Vogel, for restaurant and cocktails at 3131 West Coast and cocctaa s at 3T31 Highway, Newport Beach, for the sale of food and on -sale alcoholic West Coast g way, beverages, conditioned that the owner completes the building by July 12, 1957, and obtains a Certificate of Occupancy from the Department of Building and Safety. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said Application was approved as.conditioned. ADDITIONAL BUSINESS Pier permits. W. Atwell. The Clerk presented submitting applications recommended for approval Mr. Richard W. complete) bayward of Lot 400 Clubhouse of Engineers.) r .M i a letter from J. B. Webb, Public Works Director, for the following permits which had been by the Joint Harbor Committee: Atwell, to construct a ramp and float (when bulkhead work is 1, Block 432, Canal Section, located at Avenue. .(Subject to approval of Corps Lyle Harbour. Mr. Lyle Harbour, to construct a pleasure pier and slip bayward of Lot 70, Tract No. 907, located at 604 Via Lido Nord. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said applications were approved. Resolution No. 4668 was presented, authorizing the Mayor and City Clerk to execute a contract with G. E. Kadane & Sons, whereby the City of Newport Beach agrees to sell "Kadane" certain of its excess water on an emergency stand -by basis. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4668 was adopted by the following roll call vote, to wit: ' AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Resolution No. 4669 was presented, authorizing the Mayor and City Clerk to execute a contract with C. .Mean Purcell, whereby the City agrees to sell certain of its excess water for domestic purposes for two residences in the vicinity of the City's Bushard pumping plant. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4669 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie The request of Bob Dalton to construct, at 3450 Via Oporto, an aluminum awning over the area between his building and the bayward side of his pier deck, which installation would extend six feet bay - ward from the bulkhead line, was presented. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said matter was referred to the .Point Harbor Committee and the Planning Commission for recommendation. ' The Clerk presented a letter from the Orange County Harbor Commission requesting a water connection for the County's recreational area in Upper Newport Bay. The Public Works Director recommended that a contract be prepared. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, approval was given to the County's plan and the City Manager was instructed to have the contract prepared. Resolution No. 4673 was presented, authorizing the Mayor and City Clerk to execute a Memorandum Agreement with the State of California for the expenditure of gas tax funds, for the acquisition of Right of Way, Newport Boulevard, $54,692.87, and for the maintenance of City streets, $24,212. The City Manager stated that this Memorandum Agree- ment could be amended for a different use of the funds if it is so desired at a later time. On motion of Councilman Hart, seconded by Councilman Wilder and carried, Resolution No. 4673 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Resolution No. 4674 was presented, authorizing the Mayor and City Clerk to execute a Memorandum Agreement with the State of California for the expenditure of gas tax funds, for engineering and planning aid, $13,500. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, Resolution No. 4674 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT., COUNCILMEN: Higbie R-4668 adopted, re sale of certa?- excess wafter to G. E. Kadane _& Sons. R- 4669do adopted, re Sage of certain excess water to C. Jean Purcen., Request of Bob Dalton to consLj jai a uminum awning at 345U Via Oporto. Approval given to prepare contract re water comae g on for County. R -4673 adopted, gas tax un s State of'- -� a`fy'f®rnia . R -4674 adopted, gas tax tunds , State� CaTbionia. Resolution No. 4664 was presented, establishing salarX ranges and R -4664 adopted rates for persons in the City service, in accordance with 'Salary Plan estav is inis ing D." On motion of Councilman Hart, seconded by Councilman Wilder and sa ar1 y ranges and carried, Resolution No. 4664 was adopted by the following roll call rates. vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Ordinance No. 828, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND REPEALING CERTAIN SUBSECTIONS OF SECTION 2200, CHAPTER 2, ARTICLE II, OF THE MUNICIPAL CODE, THE OPERATING DATE OF SAID AMENDMENTS TO BE JULY 1, 1957, (providing for the exclusion of Department Heads and other key personnel ' from certain provisions of the Compensation Plan), was presented. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the first reading of said ordinance was waived. On motion of Council- man Hart, seconded by Councilman Ridderhof and carried, Ordinance No. 828 was passed to second reading by the following roll call vote, to wit: Ord. No. 828. Re exclusion of �artment Heads an of ers trom Compensation Plan. Passed to second reading. e;�13Ay City Charter be amended as follows: Re Oil Well Drilling. Section 1401. Oil Well Drilling. No drilling for, exploration work of any kind, production or refining of, oil, gas or other hydrocarbon substances shall be permitted within that area of the City of Newport Beach as such limits exist as of the effective date of this Charter. The prohibitions shall include the City of Newport Beach." Further discussion re A discussion was had. Mr. Edward T. Healy inquired whether or not M pose Carter the amendment would be applicable to property taken into the City subsequent ment. to the effective date of the Charter. The City Attorney stated that "if the property was being operated as an oil field at the time it was taken in, they could continue the operation; otherwise it comes within the provisions of the Charter, which has never been tested legally." 0 AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie R -4665 adopted, The Clerk presented Resolution No. 4665, authorizing the execution re contract with Ira of a contract with Ira N. Frisbee & Co. to serve as independent auditors N. Frisbee & Co. to of the City for the fiscal year ending June 30, 1958. On motion of serve as independent Councilman MacKay, seconded by Councilman Wilder and carried, Resolution auditors. — No. 4665 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Oaths of Office: On motion of Councilman Wilder, seconded by Councilman Ridderhof and D. F. 0 aas J. D. carried, the Oaths of Office of Donald F. Oyaas, Jimmie D. Spears, and Spears J. rams Thomas J. Grams, as Regular Police Officers, and Robert Henry Kienzle, R. H. Kienz.e. as Special Officer, were accepted. R -4666 adopted, The Clerk presented Resolution No. 4666 accepting a Grant Deed from acce��tlnp Grant Deed The Irvine Company for a parcel of land containing 9.019 acres, being a �rom�lte Irvine portion of Block 53 of Irvine Subdivision, park site and Fire Station No. Company. 6 site, at Irvine and Dover. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4666 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie R -4667 adopted The Clerk presented Resolution No. 4667, accepting a Grant Deed for accept ng rant Deed street purposes from the Newport Beach Elementary School District for a rom t e e ort parcel of land containing 1.781 acres, and, being a portion of Block 53 Beac ementar of Irvine Subdivision, in the vicinity of Irvine and Dover. On motion of School istrict. Councilman Hart, seconded by Councilman Ridderhof and carried, Resolution No. 4667 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Ord. No. 814. Ordinance No. 814, being Re official Cit AN ORDINANCE AMENDING SECTION 2700, sea an co ors. CHAPTER 7, OF ARTICLE II, OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, Passed to second (describing the official City seal and the official City colors), was pre- reading. sented. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the first reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Ordinance No. 814 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Dis lay of new The new seal, designed by Mr. Rexford Brandt, was displayed to the sea . audience. Request of City On motion of Councilman MacKay, seconded by Councilman Hart and carried, MaM I r for the request of the City Manager to be absent for a vacation July 13 through vacation. July 21, and August 3 through August 11, 1957, was granted. Charter Amendment. Councilman Hart made a motion, which was seconded by Councilman Wilder, that the following proposed amendment to the Charter be submitted to the voters at the next Special Election or the Municipal Election to be held in April, 1958: Amending Section "That the first paragraph of Section 1401 of the City Charter be amended as follows: Re Oil Well Drilling. Section 1401. Oil Well Drilling. No drilling for, exploration work of any kind, production or refining of, oil, gas or other hydrocarbon substances shall be permitted within that area of the City of Newport Beach as such limits exist as of the effective date of this Charter. The prohibitions shall include the City of Newport Beach." Further discussion re A discussion was had. Mr. Edward T. Healy inquired whether or not M pose Carter the amendment would be applicable to property taken into the City subsequent ment. to the effective date of the Charter. The City Attorney stated that "if the property was being operated as an oil field at the time it was taken in, they could continue the operation; otherwise it comes within the provisions of the Charter, which has never been tested legally." 0 J Mrs. Philip Burton urged that the proposed amendment be submitted Amendment to be to the voters as set forth above. Councilman Stoddard was of the s-ubmittea to t e opinion that the entire Section 1401 of the City Charter should be voters. clarified and amended. A vote was taken on Councilman's Hart motion, which carried by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie ZONING The Clerk presented the Application for Resubdivision No. 53, Stevechris Homes, Inc., 4906 Neptune, Lot 9, Block 49, River Section, Zone R -2, to provide two R -2 lots, granting 15' easement for utilities, ingress and egress; to fully utilize the land that is available on this lot; approved by the Planning Commission; Final Map waived. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said Application was granted. Ordinance No. 826, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, from "U" to "R -111 (Tustin Avenue and 22d Street Annex), was presented. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the first reading of said ordinance was waived. On motion of Councilman Hart, seconded by Councilman MacKay and carried, Ordinance No. 826 was passed to second reading and set for public hearing on .July 22, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Ordinance No. 827, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, from "U" to "R -1" (Tract No. 2813, Irvine Subdivision, adjacent to Corona del Mar and Irvine Terrace), was presented. On motion of Councilman. Ridderhof, seconded by Councilman Wilder and carried, the first reading of said ordinance was waived. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, Ordinance No. 827 was passed to second reading and set for public hearing on ,July 22, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie The report from the Planning Commission in connection with Tract No. 3097 (an addition to Baycrest Development, Upper Bay area), was presented. The Public Works Director stated that he had a verbal commitment from The Irvine Company agreeing to deed to the City for street purposes, one -half of Holiday Road adjoining Tract No. 3097. Resolution No. 4663, being a resolution authorizing the Mayor and City Clerk to execute an Agreement with The Baycrest Company, setting forth the improvements to be installed in Tract No. 3097, and accompanied by a subdivision bond in the amount of $65,000 guaranteeing installations and improvements was presented. On motion of Council- man MacKay, seconded by Councilman Wilder and carried, Resolution No. 4663 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie On motion of Councilman Hart, seconded by Councilman Wilder and carried, the recommendation of the Public Works Director, for approval of the Final Map of Tract No. 3097, was accepted. The Clerk read a copy of a letter directed to Mr. Edward T. Healy from the Civil Service Board, expressing appreciation of Mr. Healy's services on the Civil Service Board as a member and as Chairman. Mr. Archie Fraser and Mr. J. P. Ingram spoke from the audience regarding the Corona del Mar beach parking problems previously dis- cussed. Since disposition of the matter had been made earlier in the evening, no further action was taken by the Council. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the meeting was adjourned. �� &, "�4& yor ATTEST: i Resubdivision No. teve�.°r 9.S omes, Ync. Ordinance No. 826. Zoning Tustin venue an Zza Street Annex=rom vVy to R- Ordinance No. 827. Zoning of Tract N o. 2U13 Irvine Subdivision. N Final Map re Tract No. 3097 accepted. A reciation of vv Ser` d. to Ift. Healy. Discussion re sac ro ems. Adjournment.