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HomeMy WebLinkAbout01/27/1958 - Regular MeetingThe City Manager.presented a notice that on February 7, 1958, the`State'Board of Public Health will consider in-public-hearing, proposed regulations pertaining to.sanitation; healthfulness and safety of ocean water - contact sports areas. The City Manager stated that State regulations regarding beach safety had been deleted from the proposed regulations. ' The City Manager brought to the attention of the meeting that Police Officers Gordon Tornberg and Bob•Staats had performed . exceptionally fine services in the rescue of a woman who drove her car into a swimming pool in Corona del Mar. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the City Manager was instructed to commend Gordon Tornberg and Robert Staats for their excellent performance of duty. Mr. A. B. Cubbage spoke from the audience and stated that thought had been given as to whether or not the leases of water front property should be extended or renewed. He wanted to know the .number of signatures which would be necessary to place a Charter amendment on the ballot.to require said leases to be voted on by the citizens. The Clerk responded that it would be necessary to have the signatures of 15% of the electors who voted in the last General Election which was held in November, 1956, a total of 1,687 signatures. Colonel Andrew Smith-spoke from the audience.inquiring whether or not the Council would place on the ballot the question proposed by Mr. Cubbage if informal petitions were submitted to.the Council with 1,000 signatures. Councilman Wilder commented that the matter was too involved-to consider for the ballot at this time. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, the meeting was adjourned. Flay ATTEST: M S ty e January 27, 1958 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. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the reading of the minutes of January 13, 1958, was ' waived, and the minutes were approved as written and ordered filed. Mayor Hill declared the meeting open for a public hearing in connection with Planning Commission Amendment, No. 43, regarding the Application of Edward J. Babson, 487 Morning Canyon Road, Corona del Mar, to amend the zoning of the property described as Lot 3, Tract 1237, Zone R -3 -B, to cause said property to fall within an R -4 -B District. The Clerk announced.that notice of hearing had been duly published and posted. The Clerk read a memorandum from Walter Longmoor, Chairman of the Planning Commission, setting forth the findings of the Commission and recommending that said Application be denied. The Clerk read a letter from Herbert E. Riley; written on behalf of Edward J. Babson, appealing the decision of the Planning Commission. Mr. Allen Lorenz spoke from'the audience and stated that,he; was the owner of property adjoining the 'subject property and vehemently opposing the proposed rezoning, for the reasons set forth by the Planning Commission in its findings. Mr. Del Brown spoke from the audience and stated that he was a land developer and he had proposed the location of a medical center on the subject property. He contended that the.use of the property as requested would provide the community with a needed medical center and that the proposed building would be an.asset to the area. He presented two pictures purporting to show that the view of adjoining property owners would be less obstructed by the proposed one -story structure than by a 35 foot building now permitted under the Code. Mr. Lorenz countered that the trend in the United States is to upgrade ' property, not downgrade it, and he implied that the use-of this property would be considered commercial if the requested zoning were allowed. The Clerk read a letter from-the Corona Highlands Property Owners'Association wherein it was stated that at a business meeting held by the.Corona Highlands Property Owners ca R I Notice of he _r_e_ resat ons ®n om sat a =y. Commendation to Police officers or on Torn erg an o S =eats Discussion re leases of water front property. Meeting adjourned. Regular session. Roll call. A roval of minutes of anuary Li, Public hearing re P ann n omm ss on en men= o. war a son. M�� : A N Association at which 125 people were in attendance, representing 65 property owners, a majority endorsed the plan. Councilman Ridderhof was of the opinion that a majority in this instance did not necessarily reflect the endorsement of most of the property owners in Corona Highlands. The consensus of the Council was that the Planning Commission had established valid reasons for denying the application and that, although the building proposed seemed to be , attractive, the problem involved was spot zoning and it was suggested that perhaps at a later time the proponents could submit a plan including additional lots for R -4 -B zoning.. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the findings of the Planning Commission were upheld and the Application of Edward J. Babson, for rezoning, was denied. Public hear in re Mayor Hill declared the meeting open for a public hearing �p�cata.on or ariance, regarding an appeal from the decision of the Planning Commission 3 , o�trol eir denying an Application for Variance, No. 431, of Stroller White to te. permit waiver of covered car space on residential property; Lot 20, Block 7, Section 5, Tract Balboa Island; 217 Abalone Avenue, Balboa Island. The Clerk read a memoranduim from Walter Longmoor, Chairman of the Planning Commission, setting forth reasons for the denial of Mr. White's Application for Variance which include the following; statements: That the hardship plead by the applicant was not created by the Zoning Ordinance as it applies.to subject property; that the population on Balboa Island is increasing a parking - situation which has been critical, and that the Zoning Code is specific in its requirements that there must be one garage or carport for each family unit. The Clerk read a letter from Mr. White wherein he stated that the space requirements of a garage or carport forbid construction since it would ruin the present utility of the rear structure, although there is ample area for off street parking of a car in an uncovered area. Mr. White spoke from the audience and reiterated the statements contained in Kis letter. Councilman Stoddard pointed out that Mr. White's home was built in conformity with zoning requirements in 1950, , and that due to the subsequent zoning regulations his home is now non - conforming._.It_was the consensus of the Council that even though strict adherence to'the' law may be desirable, in this instance the practicability of strict compliance thereof would profit no one. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the hearing was closed. Councilman Higbie was of the opinion that some plan should be worked out whereby acceptable off street parking could be provided. A further discussion ensued. On motion of Councilman Stoddard, with apologies and with due respect to the wisdom of the Planning Commission, seconded by Councilman Higbie and carried, the denial by the Planning Commission of Variance No. 431 was overruled and Variance No. 431 was approved. COMKJNICATIONS Request of Horseless The Clerk presented a letter from Ellis J. Zander, Vice President Carriage Cluboof America of the Newport Beach Regional Group of the Horseless Carriage Club of tom- ay anti que America, requesting that Main Street be blocked off from Balboa automobiles. Boulevard to the Pavilion for the purpose of displaying.antique automobiles between the hours of 10:00 A.M. to 3:00 P.M., on February 9, 1958, or "rain date1° February 23. The Public Works Director stated that the Traffic Committee could see no problem in connection with this request and recommended approval. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the request of Mr. Zander was granted. Re minutes of Orange_ On motion of Councilman Wilder, seconded by Councilman MacKay I County Abatement and carried, the minutes of the 132d meeting of the Board of Trustees District. of the Orange County Mosquito Abatement District were ordered filed. Letter from Plannin The Clerk read a letter from Walter M. Longmoor, Chairman, and ommiss on re a c ieiation R. M. Copelin, Secretary, of the Planning Commission, expressing thanks or action in adopting and appreciation for the Council's action in adopting the Master Plan. the _aster Plan. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said letter was ordered filed. Request of Dal Grettenber A letter was presented from Dal Grettenberg stating that it is his to secure permit or use desire to secure a permit to operate his excursion boats from City of Was iii°nnggton Streamer. property, Washington Street Pier, for ticket sale and passenger pick -up for his boats and "will keep the pier open for the use of the public except to the extent necessary to load and unload." The Clerk read a letter from Arthur E. Gronsky of the Balboa Pavilion company, opposing the granting of Mr. Grettenberg's request, stating that it would provide unfair competition. A sketch map of the improvements proposed by Mr. Grettenberg and submitted by him was also presented. The Clerk read a petition signed by 27 business men and residents of the Balboa area approving the leasing of the City pier to Mr. Grettenberg in accordance with his letter to the Council. A discussion was had with the following people speaking from the audience: Mr. Dal Grettenberg, Mr. Arthur E. Gronsky, Mr. Alyn Nielsen, Mr. Al Oberg, Mr. Edward Healy, and Mr. Bernard M. Hoffinger. Although the Council was reluctant not to grant the request.of Mr. Grettenberg since his service to the City and his boat operation have been well conducted, the consensus was that it was not to the public interest to either lease the pier or permit private enterprise ' to use it, or in any way close it to the public. Mr. Gronsky stated that at a meeting of the Board of Directors of the Balboa Improvement Association, the proposed operation of Mr. Grettenberg was discussed and had met with disfavor. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Mr. Grettenberg's request was denied. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the following letters were ordered filed with other correspondence on the subject: 1. Letter from Guy Levalley opRosing increasing. parking meter rates as the 'proposed rate would be an increase of 1007. which would be detrimental to our entire shopping area." 2. Letter from K. D. Farnsworth, dba Kenny's Chevron Service, 2100 West Balboa Boulevard, stating that he favors an additional parking lot, to be constructed on 1°Ocean Front for two blocks east of Newport Pier" before the start of the summer season. 3. Letter from George Wm. Bush, Jr., Secretary of the Newport Businessmen's Association, stating that 26 members in attendance at a meeting held January 14, 1958, voted unanimously in favor of the "proposed extension of the Ocean Front Parking Lot." 4. Letter from the same Association stating that at said meeting the members unanimously voted in favor of a motion that: "The Membership of this organization felt that the City Council should install parking meters in areas of this City not covered at this time. And, should increase the number of meters throughout the City, rather than increase the rate on those already installed." M Letters re parking meter rates and par ant ot. Authorization re icatlon ory °- �.rmlt... ®r par a NY Y_ Lot. Preparation of or parking Lot Preparation of �a�f�or� rest= rooms authorized. ewpor aer Discussion re request tor annexation of Cameo s Letter from Art Larson re Cagney property. Re oast of E. J. ac e n or use o 19a )[boa Pier. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the City Manager was authorized to make Application to ' the Planning Commission for a Use Permit for the Newport Ocean Front Parking Lot 462 to be in front of a C Zone only. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the City Manager was authorized to prepare plans and specifi- cations for the above project. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the City Manager was authorized to prepare plans and spec cations for restrooms to replace the present building at the foot of Newport Pier. The Clerk presented a letter from The Irvine Company petitioning for the annexation to the City of Newport Beach of uninhabited territory consisting of approximately 78 acres, lying in the vicinity of Corona del Mar, being bounded on the west by the City of Newport Beach, on the south by the Pacific Ocean, and on the north by the State Coast Highway. She stated that an excerpt from the minutes of the Boundary Commission had been received indicating that the Boundary Commission found that the boundaries of the proposed annexation are reasonably definite and certain as corrected by the County Surveyor's office. Mr. Leslie Steffensen, representing the developers of the area, spoke from the audience in response to a question regarding the ability of the City and the Sanitation District to handle the sewage from the proposed annexation. Councilman Stoddard, speaking as Chairman of the Board of the Sanitation District, stated that the District could handle the sewage of the proposed annexation. The Public Works Director stated that the City could handle the sewage for the proposed 165 homesites in the annexation, but that further consideration was being given as to the best manner of disposing of the sewage. Mr. Frank Jordan of Corona del Mar, spoke from the audience and stated that he was in favor of the development but that he'was interested in the arrangements The Irvine Company had made to provide recreation and park facilities for the proposed subdivision. Mr J. W. Drawdy, Planning Assistant, stated that the engineers have been working in close contact with the City officials in order that the proposed subdivision will comply with the requirements of the Subdivision Ordinance. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4736, being a resolution declaring the intention of the City to annex "Cameo Cliffs Annex," and setting hearing thereon for March 24, 1958, 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 On motion of Councilman Hart, seconded by Councilman Wilder and carried, a letter was ordered filed from Art Larson, whose property adjoins the property Mr. William Cagney proposes to develop as a shopping area, urging that Mr. Cagney be permitted to proceed with his proposed development. ' A letter was presented from E. J. "Bead" Jacklin requesting for loading permission to use the Balboa Pier the and unloading of passengers for boat trips to Catalina Island. Councilman Ridderhof called attention to the fact that the Council had denied permission for the use of a pier for loading and unloading of passengers earlier in the meeting. Mr. Douglas Goodall spoke from the audience and requested that the Council postpone any action on this matter until the next Council meeting. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, action was postponed in regard to this matter until the Council meeting of February 10, 1958. M Letters re parking meter rates and par ant ot. Authorization re icatlon ory °- �.rmlt... ®r par a NY Y_ Lot. Preparation of or parking Lot Preparation of �a�f�or� rest= rooms authorized. ewpor aer Discussion re request tor annexation of Cameo s Letter from Art Larson re Cagney property. Re oast of E. J. ac e n or use o 19a )[boa Pier. 4 Re meeting of American On motion of Councilman MacKay, seconded by Councilman Ridderhof et" or Pu c -San and carried, a letter was ordered filed from Jean L. Vincenz, President Administrate of San Diego Area Chapter, of the American Society for Public Diego. Administration, announcing a meeting to be in San Diego on January 31, 1958. League in connection with a vaudeville show to be held in Santa Ana Minutes of Or a Count On motion of Councilman Ridderhof, seconded by Councilman Hart oun ar on9►missioI re and carried, an excerpt from the minutes of a meeting of the Boundary , Qropose annexation to Commission of Orange County held January 13, 1958, concerning the ante Ana. proposed annexation of territory to the City of Santa Ana, 'Ruin and Newport N.E. of Annexation,10 was ordered filed. The Public Works Director stated that the proposed annexation was at Newport Boulevard, Main Street, and Dyer Road. Resolution of Cit o£ On motion of Councilman Ridderhof, seconded by Councilman MacKay Sea sac re reco motion and carried, a copy of the resolution of the City of Seal Beach calling of an a County by the for Metropolitan Area Recognition of Orange County by the Federal Federal Government. Government, was ordered filed. Request of Ruth E- Favela The Clerk presented a letter from Ruth E. Favela, owner of to purchase land fro-mi-t-He- property located at 405 Clubhouse Road, being Lot 1 of Canal Tract, ty. requesting permission to purchase from the City a vacant parcel of land adjoining her property. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, instructions were given that Mrs. Favela be advised that plans are underway to improve this area and that no action will be taken until the improvements are completed. Alcoholic Beverage On motion of Councilman Ridderhof, seconded by Councilman Hart Licenses. and carried, the following communications were ordered filed: The-Blue Room. 1. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of on -sale general by Leila Tobert, Administratrox for the estate of Ben Tobert and Arthur Silver, ' The Blue Room, 206 -08 Palm Street, Balboa. Martha and Al's Cafe. 2. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of on�sale beer, Albin and Martha L. Trabert,' Martha and Al's Cafe, 6204 Coast Highway, Newport Beach. Island Liquors. 3. Copy of Application for Transfer of Alcoholic Beverage License, person to person transfer of off -sale general, Frances I. and William A. Rubottom, Island Liquors, 220 Marine Avenue, Balboa Island. LICENSES Exempt License for the On motion of Councilman Ridderhof, seconded by Councilman Wilder a Ana Detac ent of and carried, an Application was approved for Exempt License of Marine Corps League. Vernon Charles Nyborg, 307 North Broadway, Santa Ana, soliciting business establishments only for the sale of tickets, advertising, and soliciting funds for the Santa Ana Detachment of Marine Corps League in connection with a vaudeville show to be held in Santa Ana on March 8, 1958. L. & W. Caterin Service On motion of Councilman Hart, seconded by Councilman Wilder and or food stare at Hoag carried, an Application was approved for License of Glenn E. Wurr, Memorial Hospital. dba L. & W. Catering Service, 10859 Highway 101, Anaheim, for portable ' food stand at Hoag Memorial Hospital, 301 North Newport Boulevard; letter received from Jim Higginbotham, General Superintendent of The Gallegos Corporation, substantiating the request. ADDITIONAL BUSINESS Resi nation of 0. B. Mayor Hill requested the Clerk to read the resignation of 0. B. ieeelanning Reed from the Planning Commission. Mr. Reed's resignation states that Commission accepted with because of a health situation he regrets the necessity of resigning regret. from further duties as a member of the Planning Commission. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the resignation of Mr. Reed was accepted with regret and the City Clerk was instructed to send a Certificate of Appreciation to Mr. Reed for his fine services on the Planning Commission. Appreciation was expressed by members of the Council for the services Mr. Reed has rendered the City as a former Mayor and as a former member of the City Council. Alvan C. Clemence Mayor Hill presented the name of Mr. Alvan C. Clemence to fulfill gp_'pointed a member of the the unexpired term of Mr. 0. B. Reed as a member of the Planning Planning commission.. Commission. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, Mr. Alvan C. Clemence was appointed to serve on the Planning Commission for the term ending July 1, 1961. Resignation of Roy Mayor Hill announced that she had received the verbal resignation Maypole from t e arks of Mr. Roy Maypole as a member of the Parks, Beaches and Recreation Beaches an ecreat on Commission, since he is no longer a resident on Balboa Island. On Commission. motion of Councilman Wilder, seconded by Councilman MacKay and carried, ' the resignation of Mr. Roy Maypole was accepted with regret and the Clerk was instructed to send to Mr. Maypole a Certificate of Appreciation for his fine services on the Parks, Beaches and Recreation Commission. Mayor Hill presented the name of Mr. Albert W. Snyder, Balboa Albert W. Snyder Island, to fulfill the unexpired term of Mr. Roy Maypole. On motion p ®ssunt er of of Councilman Ridderhof, seconded by Councilman Stoddard and ttkne carried, Mr. Albert W. Snyder was appointed a member of the Parks, ecreat on Cmm os�n. Beaches and Recreation Commission for the term expiring July 1,1958. -- ' The City Manager presented a report entitled "Parking Charges, Corona del Mar Main Beach," numbered 57- 58 -22, wherein it was recommended that the Council authorize preparation of the necessary amendments to the City's concession lease with Darwin Tate, and to a previous resolution establishing parking charges, to provide that the annual vehicle parking pass entitE g the possessor to parking space only when available be at a cost of $7.50. Councilman Stoddard explained that the basis of the parking fee pass was primarily to protect for the local residents the use of the beach. Mr. Edward Healy spoke from the audience opposing said charge. Mr. Frank Jordan of Corona del Mar, spoke from the audience and stated that he was of the opinion that the charge should be $5.00 for the yearly pass. Councilman Stoddard stated that a great deal of study had gone into the proposal of a $7.50 fee. On motion of Councilman Wilder, seconded by Councilman Hart and carried, a charge of $7.50 for a parking pass for the season at the Corona del Mar Main Beach, was approved. The City Manager stated that further action in connection with this matter would be the adoption of an amendment to the lease which would be presented at a later date. The Clerk presented a proposed amendment to the contract between the City, the Newport Beach Elementary School District, and The Irvine Company, to provide for the dedication and improvement of certain streets in the vicinity of Irvine Avenue, Dover Drive, and Mariners Drive. The Public Works Director explained that the School District and The Irvine Company had reached a new agreement ' for the improvement of a section of Mariners Drive, and that it would be in order to adopt Resolution No. 4737, which authorized the execution of an amendment to the aforementioned contract and enables the School District and The Irvine Company to proceed as they desire. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, Resolution No. 4737 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 Upon the recommendation of the City Manager, on motion of Councilman Hart, seconded by Councilman Stoddard and carried, a hearing was set for February 24, 1958, regarding the proposed revocation or suspension of the business license issued to John R. Buesing dba Harbor Security Patrol. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the recommendations submitted by the City Manager for street -end beautification, 12th Street, set forth in his memorandum numbered 57- 58 -19, were approved and authorization was given for the installation of concrete curbing and planting at the bayward end of 12th Street in conformance with the general plan for street -end beautification previously approved. Mr. H. J. Engle spoke from the audience opposing the width of the planting ' area. The City Manager explained that the width had been carefully considered and recommended by the Park Superintendent, Mr. Calvin Stewart. Correspondence requesting the rezoning of the property at 15th and Irvine to permit the location of a " Minit Market," was presented for discussion by the City Manager. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the correspondence was referred to the Planning Commission and the request was made that the people involved be notified of this action. Mr. Sam Keyes was in the audience representing the proponents of the rezoning, Minit Markets, Inc., and stated that he had no comment to make since the matter had been referred to the Planning Commission. Mr. R. C. Petty, 514 Aliso, Newport Beach, spoke from.the audience and stated that his principal business was locating land for Minit Markets. He stated that the officials of the Minit Market were aware of the fact that he was opposed to establishing a Minit Market on the proposed location. The City Manager submitted a recommendation, and report numbered 57- 58 -20, that the Council authorize an insurance contract, based on quotations offered by Anderson, Anich, Parker & Torre for libel, slander, and false arrest insurance for a period of one year. He stated that said firm had submitted the lowest bid received and suggested that the insurance be authorized with limits of $50,000/ $100,000 /$100,000 at a premium of $1147.30. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the ' recommendations of the City Manager were authorized. City Hanaaer °s report R -4737 adopted, re amendment to contract between -,he �Ye port eac e�entar S`�c cool Distract and SC e ry ne ®�,pany. Hearina set for Fe roar 9-58 john R. uesing, a Harbor S�ccara'ty Patro . Ci_t_y manager's report 5�� re street- end beautlticat2.0n 12th Street. Discussion regarding rezones og propert�r a ]!5th an rvine tc permit the I ocation of a " Mihi� t Market . Cit ��� Maeager ° s report D re s an er�and a sea se arrest insurance. Resi nation of Leland L. At the request of Mayor Hill the Clerk read the resignation of er from the Cif Leland L. Wilder from the City Council, effective February 1, 1958. ounce effective Said resignation contains the statement that "because of changes in Fe r-- my business plans it will soon become impractical for me to give accepted. the considerable time required by the Council office." On motion of Councilman Hart, seconded by Councilman MacKayq and carried, the resignation of Leland L. Wilder was accepted with regret and the Clerk was instructed to send a Certificate of Appreciation to Mr. Wilder for his valuable services as a member of the City Council. Members of the Council each expressed regret for the necessity of accepting the resignation of Councilman Wilder. Councilman Wilder was complimented by members of the Council and Mr. Frank Jordan speaking from the audience, for submitting his resignation at this time since it will enable the voters to elect a Councilman in the April 8 election to serve as a representative of District 6. The question of whether or not the Council should appoint someone at this time to fulfill the vacancy created by Councilman Wilder's resignation was discussed. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Attorney was instructed to research the matter and report at the next Council meeting. - R -4735 ado ted, calling Resolution No. 4735, being a resolution calling a General T Genera un c pa Municipal Election to be held by the City of Newport Beach on April E e_ct on to e e on 8, 1958, and instructing the Clerk to take all necessary steps for April the calling and holding of said election, was presented. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Resolution No. 4735 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 Clerk instructed to include On motion of Councilman Wilder, seconded by Councilman District 6 in list o Stoddard and carried, the Clerk was instructed to include District Districts for which ouncil -6 in the list of Districts for which Councilmen may be nominated and men may be nominated, etc. elected at the April 8 election. Instructions to re are Mayor Hill made a motion, seconded by Councilman MacKay and ro�ose amen went to carried, that the City Attorney be instructed to prepare a proposed ection 4UZ Ot E ne arter. amendment to Section 402 of the Charter, increasing to $100 per month Councilmen's out -of- pocket expenditures and costs, said measure to be submitted to the voters on April 8. Report of City Attorney The City Attorney reported that he had reviewed the wording of regarding wording ot pro- the proposed ballot proposition on the oil well drilling section of gose allot ro os t on the Charter and that he was of the opinion that there was no on of we ri ng_ necessity to change the wording. On motion of Councilman Stoddard, sect ono t e arter. seconded by Councilman Ridderhof and carried, the recommendation of the City Attorney was accepted, the matter to be placed on the.ballot on April 8 using the wording approved by the Council on July 8, 1957. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, it was directed that the following wording of the question be placed on the ballot on April 8, 1958: Section 1401 of the "That the first paragraph of Section 1401 of the arter to a amen ed. City Charter be amended as follows: Word in to be laced on t e a ot. 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." Pro ress report on the The Public Works Director presented a progress report on the surve o streeteet —wigs survey of street widths as related to access by emergency equipment. as re ate to access y He stated that in his report a recommendation is made in regard to emergency equipment. Newport Island which would create counter - clockwise traffic flow and eliminate. all parking from the inland side of bayfront streets. Mr. George Bush spoke from the audience and said that the people on Newport island were happy with the situation the way it is. The Public Works Director informed him that it would be impossible for emergency equipment to get through. Councilman Stoddard stated that it was a matter of public safety. The Public Works Director stated that there are additional features ,to be completed with regard to the report. On motion of Councilman Wilder, seconded by Council- man Stoddard and carried, the report was ordered filed. Recommendation of the Mayor Hill recommended the appointment of the following people appo ntment o t e to the Committee on City Lands and Leases: A. W. Phelps, Chairman, Committee on Cit —Lands Colonel Andrew W. Smith, A. B. Cubbage, Mrs. Philip Burton, E.. Avery an eases. Crary, Earl Stanley, L. W. Briggs. She requested that Councilman Stoddard act as liaison between the committee and the Council. Mayor Hill read the proposed directive to the committee: iirective to committee. The committee is requested to: 1. Make a general investigation and study of all leases of real property now in effect on city- owned.lands; 481 2. Make a general investigation and study of restrictions and regulations affecting the use, leasing and status of city -owned lands; 3. After such investigation and study, restate the various problems and points of concern ' in connection with the leases and the city - owned lands; 4. Make such recommendations both as to policy and as to law as your investigation and study indicates may be desirable. On motion of Councilman Stoddard, seconded by Councilman Wilder Appointments to the and carried, the appointments to the committee as named by Mayor co�attee conf'ar`iaad. Hill were confirmed and the directive as read was adopted with the further instruction that each member of the committee be supplied with A copy of the directive. Councilman Stoddard agreed to act as liaison. Resolution No. 4738, being a resolution authorizing the Mayor R -4738 ado ted re and City Clerk to execute an agreement with George Lind for a reement w t eor e architectural services in connection with the proposed additions to in or architectural -- the Newport Beach Police Station. On motion of Councilman MacKay, services. seconded by Councilman Ridderhof and carried, Resolution No. 4738 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 The City Manager's report, numbered 57- 58 -23, regarding R -4739 adopted, Recommended Personnel Adjustments To Be Made on January 27, 1958, amenad°i , add - ' was presented. Resolution No. 4739, amending Schedule B as adopted g� ew c asses by Resolution No. 4664, adding certain new classes, reallocating rea ocatin Planning Planning Assistant class from salary range 32 to salary range 34, c ass an ega and reallocating Legal Secretary class from salary range 25 to Secretary c al`ss. salary range 26, was presented. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Resolution No. 4739 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 On motion of Councilman Ridderhof, seconded by Councilman position- authorizatia == MacKay and carried, position - authorization sections of sections-of depart: departmental budets were revised as follows to be effective mental budgets revl__;-•_ February 1, 1958: Lifeguard Department. Add 1 position of Rescue Lifeguard Department. Boat Operator and 1 position of Lifeguard (regular). Police Department. Add 1 position of Clerk II. Police Department. Public Works Department (Water Division). Public Works Delete 2 positions of Meter Reader, add 2 apartment. positions of Meter Reader I (title change ' only). Add 1 position of Meter Reader II. General Services Department. Delete 1 General Services Serviceman YI position in Street Division. apartment. Add 1 Serviceman III position to Sanitation Division. (This is a position reclassification and a romotion for the -incumbent, Kenneth Means .5 Planning Department. Add 1 position of Planning Department. Planning Draftsman. _. Parks, Beaches and Recreation Department. Pa Beaches and (Administration Division.) Reclassify ecrion Department existing single Steno Clerk I1 position to Clerk III. Mayor Hill left the meeting at this time and thereafter Council- Mayor Hill left the man Stoddard officiated as Acting Mayor. meeting. On motion of Councilman Wilder, seconded by Councilman MacKay Budget Amendment #94. and carried, Budget Amendment #94 was authorized in the amount of $3630 from Submerged Land Oil Fund Surplus to Lifeguard Service - Regular Salaries; to provide for one rescue boat operator, 5 months, and one lifeguard for 4 months. ' The Clerk read a petition, bearing 15 signatures, requesting the abandonment of a portion of Bay Avenue, Lots 4 through 14, inclusive, in Block I and Block 13, Balboa Tract, and transmitting $3,025 to be used for public improvements for the benefit of property owners of the Balboa Peninsula easterly of Main Street. On motion of Councilman MacKay, seconded by Councilman Wilder and R -4740 adopted, re map snowing portion_ of Ba Aveinue�ween A .. treets� propose ?• be vacated. ! carried, Resolution No. 4740, being a resolution adopting a map showing a portion of Bay Avenue between A and B Streets, which is proposed to be vacated, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Hill R -4741 adopted; re On motion of Councilman MacKay, seconded by Councilman mention to vacate a Ridderhof and carried, Resolution No. 4741, being a resolution portion of a venue declaring the intention of the City to close up, vacate and sett n earin or abandon a portion of Bay Avenue between A and B Streets, and e ruary setting the hearing thereon for February 24, 1958, was adopted by the following roll call vote, to wit: R -4742 ado ted re License Upon the recommendation of the City Manager, the Public Works �reement w t ac tic — Director, and the City Attorney, Resolution No. 4742, being a E ec� tr c company re --fight- resolution authorizing the Mayor and City Clerk to execute a License o -way at Highland Avenue. Agreement with the Pacific Electric Railway Company permitting the City to cross the Pacific Electric Right -of -Way at Highland Avenue, was adopted, on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Hill Minute Resolution. d A rovin bons of roft C evi a nc. NKre t treet bulkhead. Meeting adjourned. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the following Minute Resolution was adopted: BE IT RESOLVED by the Council of the City of Newport Beach that the Faithful Performance and Labor and Material bonds, numbered 66756, each in the amount of $2,456.83, furnished by Croft & Neville, Inc., and the Great American Indemnity Company, as required by the contract authorized by Resolution No. 4732, were approved. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, the meeting was adjourned. ATTEST: cl.ty C er My-or 7 AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Hill Budget Amendment #92. On motion of Councilman Wilder seconded by Councilman Hart and carried, Budget Amendment X692, J411.67, from Council Expense, N.O.C. to City Attorney, Regular Salaries, to provide for the claim of the former City Attorney for terminal vacation pay, was approved. Discussion re application A discussion was had regarding the application of Messrs. of Messrs. Furse Purse Dudley Furse, Marvin Pursell, Mrs. Ruth Vedder, and Mr. Benjamin rs. Rut a er an Douglass for a permit to build a seawall.at China Cove. The Benjamin Douglass tor a application had been recommended for denial by the Joint Harbor to build a seawa"11 to Committee and the Council had subsequently requested the City urmit C Cove. Attorney to make recommendations in regard to the matter. The City Attorney researched the matter and proposed a compromise conditioned permit, hoping to avoid litigation. Councilman Hart was of the opinion that the compromise would not solve the problem. Mr. Furse spoke from the audience and stated that he would not be satisfied if the matter were referred back to the Harbor Committee at this time causing further delay in his plans for construction. The City Attorney stated that the ordinance does not furnish the Council with a practical guide as to its power in regulating structures in the bay and in the water. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the application for permit of Dudley Furse, Marvin Pursell, Mrs. Ruth Vedder, and Mr. Benjamin Douglass, to construct a concrete seawall bayward of 2609, 2615, 2619, 2623 Cove Street, was approved, conditioned that the proposed seawall be constructed no farther bayward than a line extending from the most westerly corner of Lot 5, Block B -32, Corona del Mary to a point in the southeasterly line of Lot 2 of said Block, said point lying 25 feet southwesterly from the most easterly corner of said Lot 2. Councilman Hart voted no. Budget Amendment #95. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Budget Amendment X695, in the amount of $8700 from Park and Recreation Fund Surplus to-Parks, Parkways, Street Trees and Restrooms, Rolling Equipment; for purchase of tree pruning and emergency rescue equipment, was approved. R -4742 ado ted re License Upon the recommendation of the City Manager, the Public Works �reement w t ac tic — Director, and the City Attorney, Resolution No. 4742, being a E ec� tr c company re --fight- resolution authorizing the Mayor and City Clerk to execute a License o -way at Highland Avenue. Agreement with the Pacific Electric Railway Company permitting the City to cross the Pacific Electric Right -of -Way at Highland Avenue, was adopted, on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Hill Minute Resolution. d A rovin bons of roft C evi a nc. NKre t treet bulkhead. Meeting adjourned. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the following Minute Resolution was adopted: BE IT RESOLVED by the Council of the City of Newport Beach that the Faithful Performance and Labor and Material bonds, numbered 66756, each in the amount of $2,456.83, furnished by Croft & Neville, Inc., and the Great American Indemnity Company, as required by the contract authorized by Resolution No. 4732, were approved. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, the meeting was adjourned. ATTEST: cl.ty C er My-or 7