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HomeMy WebLinkAbout04/14/1958 - Regular MeetingMe Regular session. The City in the Counci Roll call. The roll Hart, MacKay, being absent. April 14, 1958 Council of the City of Newport Beach met in regular session L Chambers of the City Hall at the hour of 7 :30 P.M. was called, the following members being present: Councilmen Stoddard, Higbie, Ridderhof and Hill; Councilman Wilder Resolution adopt ed, At Councilman's Stoddard request, Mayor Hill relinquished the Mayor's a . g tri utto chair for the transaction of special business. Councilman Stoddard, ayor Hi acting as Mayor Pro Tempore, presented Mayor Hill with an orchid corsage and requested Councilman Hart to read the following resolution paying tribute to Mayor Hill, which resolution was adopted unanimously on motion of Councilman Hart, seconded by Councilman Ridderhof and carried: "A RESOLUTION COMMENDING THE SERVICE OF DORA 0. HILL UPON THE OCCASION OF HER RETIREMENT AS MAYOR OF THE CITY OF NEWPORT BEACH "WHEREAS, Dora 0. Hill has served the City of Newport Beach as Mayor during the period from April, 1954, to April, 1958;.and "WHEREAS, Mayor Hill has earned respect for her integrity, shown devotion to the principles of good government, And brought dignity to the conduct of civic affairs during a period of transition in the City Government from General Law to Charter status; now therefore, "BE IT RESOLVED, that the undersigned members of the City Council who have served with Mrs. Hill do hereby express to 'Madam Mayor' their respect and admiration, and their gratitude for pleasant and worthwhile association. "Unanimously adopted and signed this 14th day of April, 1958. /s/ Leland L. Wilder /s/ C. A. Higbie /s/ Stanley E. Ridderhof /s/ Sandy F. MacKay /s/ Charles E. Hart /s/ James B. Stoddard" PAppreciation expressed Mayor Hill expressed appreciation for the beautiful orchids and the ayor Hiles honor bestowed upon her by the Council. She gratefully acknowledged the valuable service of all members of the Council and the assistance of members of the staff. Return to business. Mayor Hill then requested a return to the regular order of business. Approval of minutes. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the reading of the minutes of March 24, 1958, and March 26, 1958, was waived, and the minutes were approved as written and ordered filed. COMMUNICATIONS Letter from Frank On motion of Councilman MacKay, seconded by Councilman Hart and Everett re 'Easter carried, a letter was ordered filed from Frank G. Everett expressing Wee appreciation for the way in which "Easter Week" was handled on Balboa Island. Request of Mrs. V. K. A letter was presented from Mrs. Virginia K. Morgan, 1770 [,lest Balboa Morgan to conduct Boulevard, requesting permission to conduct swimming classes at 19th Street swimming classes, bayward of Marinapark. The City Manager recommended that permission be granted Mrs. Morgan to conduct the swimming classes for private instruction subject to the following conditions: (1). That a business license be obtained, expiring June 30, 1958; (2). that an application for the renewal of said business license for the 1958 -59 fiscal year be presented in June for approval by the Council. It was stated that it was not anticipated that the proposed classes would interfere with the free Red Cross swimming instructions at a new location, since Mrs. Morgan's classes would consist of more individual instruction for a fee. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the recommendations of the City Manager were accepted and authorized. Re Revenue and On motion of Councilman MacKay, seconded by Councilman Hart and Taxation Baran . carried, a letter was ordered filed from S. C. Masterson, Assemblyman of the Eleventh District, California Legislature, announcing Public Hearing to be held by Assembly Interim Committee on Revenue and Taxation through its Subcommittee on Public Indebtedness on May 23, 1958, in the City of Richmond. Re dred in beach at The.Clerk presented a petition bearing sixty -three signatures of oot o Montero Avenue.residents or property owners in the neighborhood of the public beach at Bu aet Amendment No. the foot of Montero Avenue, requesting that the City dredge the channel between said beach and Bay Island, stating that the channel is becoming too shallow, overgrown with weeds, et cetera. The Clerk read a memorandum from the City Manager and the Public Works Director recommending that the request be granted. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the recommendation of the City Manager and the Public Works Director was accepted and authorized; and Budget Amendment No. 148, in the amount of $600, being a Budget Appropriation from General Fund to General Services - Trees, for the dredging of Montero Street end, was approved. r-, On motion of Councilman MacKay$ seconded,by Councilman Higbie Re vehicle license -fee and carried, a letter was ordered filed from Robert C. Kirkwood, revenues. . State Controller,,regarding the apportionments of vehicle license fee revenues during the 1957 -58 fiscal year„ On motion of.Councilman Hart, seconded by Councilman MacKay Re estimated vehicle and carried, a letter was ordered filed .from Robert C. Kirkwood, license lee revenues. ' State Controller, estimating apportionments of vehicle license fee revenues for the 1958-59 fiscal year. A.letter was presented from H. H. Holbrook, appealing from Hearing set re Use on the Planning Commission ruling on March 20 „ 1958, denying Use Per -�ly® Permit No. 416, On motion of Stoddard, seconded by - Councilman Higbie and carried, the matter was set for public hearing on April 28, 1958, The Clerk presented a copy of a letter sent to the City Parking discussion. Manager from Harold Glass, President Pro Tem of the Central Newport Act on resc nee re Beach Community Association, suggesting that the City establish a meters on Balboa Blvd, parking lot on Balboa Boulevard adjacent to the Edison Company CIty Manager to prepare substation at 16th Street in lieu of. installing parking meters on ans� d estamat�r Balboa Boulevard. A discussion was had, Mr. Glass spoke from the ap r ing at eas er y en_ audience and stated that the proposal made was hoped to be the of Marinapark. - first step towards a playground in the area. Councilman Hart made a motion, seconded.by Councilman Higbie, that a previous action of the Council whereby the City Manager .was instructed to install meters meters on Balboa Boulevard between 13th and 21st Streets, be rescinded. The City Manager stated that he recommended the removal of concrete foundations at the proposed site and the resurfacing of the area with decomposed granite. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the City Manager was instructed to prepare plans and estimates for minimum off - street parking at the easterly end of the City -owned property adjacent to Marinapark. On motion of Councilman Hart., seconded by Councilman MacKay and L. C. Moore letter re carried, a letter to the City Manager from Leonard C. Moore opposing name c ange. the changing of the name of the City of Newport Beach to Newport Harbor, was ordered filed. On motion of Councilman Stoddard, seconded:by Councilman Letter and report re MacKay and carried, a letter and annual report were ordered filed re an a count from A. Sandy Steiner, Trustee representing the City of Newport oscubto atement Beach, Orange County Mosquito Abatement District,. Mr. Steiner DIStriCt. requested that special notice be given to the dangerous condition created by the heavy rainfall., and citizens were asked to examine cans, jars, ornamental ponds, et cetera, in their yards which might hold water so that they might be emptied and cleaned, helping to eliminate places where mosquitoes breed. On motion of Councilman MacKay, seconded by Councilman Hart Re intersection ends on and carried, a copy.of a,letter was ordered filed from the Central West Balboa Boulevard, Newport Beach Community Association sent to Robert Shelton, City Manager, and Cal Stewart, Park Superintendent, thanking them for the prompt action 1Btaken regarding the intersection,ends on West Balboa Boulevard.11 The City Manager requested that appreciation be extended to Bill Covert also. On motion of Councilman Stoddard, seconded by Councilman CoRies of Alcoholic Ridderhof and carried, the following communications were ordered Beverage acense. ' filed: . 1. Copy of Application for Alcoholic Beverage Helen °s coffee Shop. License of,Helen R. and Talmage H. Bowles, new on -sale beer and wine, Helen's Coffee- Shop, 701 Edgewater, Balboa. 2. Copy of Application for Alcoholic Beverage Fisherman's 'Wharf, License of Radford G. and Louise A. Lovell, new On -sale beer, Fisherman's Wharf, 400 North Main Street, Balboa. A letter was presented from J. B. Webb, Public Works Director, Pier permits. :stating that the following applications had been recommended for approval by the Joint Harbor Committee: I.. Raymond F. Call, to.replace pier and float at 928 Raymond F. Call, East Balboa Boulevard, being Lot 14, Block 13, Balboa Tract. 2. ,A1 Anderson, to construct ramp and float bayward Al Anderson. , of Lot 1, Block B, Bayside Tract, being located at 600 East Bay.Avenue „ Balboa; 3. George M. Raymond, to construct pier, ramp and George Me Raymond. slip bayward of 1212 East Balboa Boulevard, Lot 7, Block 19, Bay Front Section. ' 4. John B. Kingsley, to.construct pleasure pier and John B. Kingsley., -slip bayward of Lot 908 and one-half of Lot 909, Tract No. 907, being 319 via Lido Soud, Lido Isle, subject to War Department approval, 5io Mrs. Sylvia 5. Mrs. Sylvia Tischhauser,- to construct a concrete Tisc -user. slab seawall *at 344 Buena Vista Boulevard,. being Lot 146, Subdivision of Block- A., Bal -Boat Rentals. 6. Bal -Boat Rentals, to construct commercial piers and floats bayward of Lots-1, -2, and-3, Block G, Balboa- Bayfront Tract., - being 7.02 Bay Avenue,: `. . Balboa, subject to War.Department approval. Mrs. Waldo Laning;_- 7. Mrs. Waldo Laning, to construct concrete bulkhead on the -property line at 35.05 Finley Avenue, being Lot 2„ Block.435,--Canal Section. Orate County Harbor 8. Orange County Harbor District, to-:install landing, �i'stract, slips and utilities at Orange;County Harbor District Office, 1901 Bayside Drive, Corona del Mar. Approval of permits. On motion of Councilman MacKay, seconded.by Councilman Stoddard and carried, the eight applications were approved-as conditioned. Improvements in Westcliff -The Clerk presented.the-recommendation of the Public Works Tract No. a�cce�te Director-that the improvements in-.Westcliff Tract No. 3031, as an surety bon r� used. specified in an Agreement between the Westcliff Company and the City, be accepted, and.. the surety bond.: guaranteeing.'said improvements be released. - On motion; of Councilman MacKay, seconded, by.. Council man Higbie..and carried;-.said improvements-were accepted and the surety ,bond; guaranteeing said improvements were ordered-released.-.-- Application of Dal Grettenber The Application of :Dal- .Grettenberg was presented for a-.-Permit or a is dress ys —m:or a.Public Address System-at 702 Edgewater, - Balboa,. to be operated between the hours of .10:00 A.M. and:I0:30 P.M-, from date until September 30, 1958. On motion of Councilman MacKay; seconded by Councilman Stoddard and- carried, said Permit was granted. Notice of HearinR before The Clerk presented a Notice of Hearing before the Public a to ities ommassion Utilities Commission of.the:State of .Cal:ifornia-, -to be held May 6, re A icatlon of Bal 1958,.at 10:00 A.M. in- the.:Council- Chambers; Newport Beach', in -the retten erg; Matter of the Application-of-Dal Grettenberg for. a Certificate-under the Provisions of Sections 1007 to 1009-of _the:Public Utilities Code. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said communication` was.referred-to .the.;.City Attorney. - A�peal"of-Charles S. The Clerk presented.the..appeal of-Charle's-S. Garrick, 3235 Ocean Garr -- ck�set � - bTic Boulevard.,-Corona del'- Mar,-from the ruling of the Planning Commission eating. rejecting application to resubdivide 27-feet -of Lot 15 and all -of Lot 16, Tract No. 1026 Corona -del Mar.' On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the matter was set for public hearing on April--28, 195.8. Letter from Avon Products A letter was presented from David W. Mitchell, Divisional Sales Inc., re lcense; Manager,. Avon Products-,,-Inc.., requesting::that consideration be given to a proposal to enable:Avon- Cosmetics, Inc.,-to do.business`in the City, of Newport Beach at an annual license -fee of $100 per year -covering the.several =solicitors that they may appoint.tp -do business in the City. On motion'of CouncilmanStoddard-- seconded-by Councilman MacKay and carried,-said letter was ordered flied. .The City.'MAnager stated that he and the City Attorney were of.the opinion that-to accomplish the request of Avon Products company, an amendment to the Municipal Code would= have;to be adopted. Re notice of-Inter-American On motion of Councilman MacKay seconded by Councilman-Higbie meeting in Rio de ane ro. and carried, a letter was ordered filed from Dr. Carlos M, Moran, General.Secretary of Inter - American Municipa ]._Organization, announcing a meeting to be. held in-Rio de.Janeiro, November 10. to 20, 1958. Rea ortionment of On motion of Councilman MacKay, seconded by Councilman Stodda:+d Trail oac S. and carried, a report was ordered filed from Robert C. Kirkwood, Controller.of the State of-California, re apportionment of Trailer Coach Fees for.the.period June 1-,:1957, through December 31, 1957; Orange County,.$18,166.59-. LICENSES Licenses, The Clerk presented the following Applications - -for License: Todd W. Johnson 1. Application for License of Todd W. Johnson, 433 s p Yenta s. South Spring Street,-Los Angeles, for.slip rentals and .yacht:landing at 3450 Via Oporto, 19 spaces, being a change of ownership. Joseph J. and Marion M. 2; Application-.for License _ of -Joseph and Marion M. otter, Hilltop Inn, Porter, 471- North;Newport Boulevard, Newport Beach, Hilltop Inn.,-471-North Newport Boulevard, on -sale beer, wine and packaged foods, being a change of ownership. -Packaged -foods.prepared and packaged in Health Department approved establishment. Marion Hartley, Coffee Haven 3. Application for License of Marion Hartley, 8131 Caere.- Skywood Circle,-Anaheim,- dba.Coffee Haven Cafe, 102- McFadden Place, for cafe and on -sale beer, being a change of ownership; 1 1 1 1 C 4. A lication for Transfer of Business License No. 521, of Dal Grettenberg, dba Fun Zone Boat Co., 702 Edgewater, Balboa, for sightseeing boats located at 610 Edgewater, Balboa, to be transferred to 702 Edgewater, Balboa, 5. Application for Exempt License of Gilbert M.,Bell, Field Scout Executive, Boy Scouts of America, Orange Empire Area Council, 1032 West 8th Street, Santa Ana, for house to house soliciting for the sale of tickets for Scout -O -Rama to be held April 26, 1958, at the Orange County Fairgrounds, sale of tickets to start April 5, 1958; approval given for April 5th date by the City Manager. 6. Application for License of Jack Barratt, dba Jack's Catering, 348 South Pixley, Orange, for portable food stand service at Miller Chevrolet Co., 1000 West Coast Highway and 700 West Coast Highway; Johnson & Son, 900 West Coast Highway; and Irvine Terrace Tract No. 2813. Letters xeceived requesting service from: L. L. Hagan, Service Manager, Miller Chevrolet Co.; Charles Woodard, Service Manager, Johnson & Son; and R. E. Burch, Superintendent, Diversified Builders, Inc. 7. Application for License of Paul Thrasher, 425 South Madrona, Brea, for portable food stand service to Austin Sturtevant Co. and Bredehoft Plumbing Company located at 19752 Acacia Street; and Louis D. Markel located at 19812 Acacia Street. Said locations are contractors' offices and /or shops. Letters received requesting service from:- Austin D. Sturtevant, The Sturtevant Corporation; Jack E. Bredehoft, President, Bredehoft Plumbing Company; and Louis D. Markel, =5 Dal Grettenber LL ]Fun one, oat Co. Exempt License couts o ler ca. Suck Barratt ` ack s at_rRng Paul Thrasher, por ta`ie food stand service. - 8. Application for Exempt License of Beatrice A. B. A. Manternach Manternach, 1961 Church Street, Costa,Mesa, house to she o or Boo house soliciting for the sale of World Book Encyclopedia, Encyc ope a. Field Enterprise Educational Corp., Chicag ®, Illinois. On motion of Councilman MacKay, seconded by Councilman.Higbie and Approval of li•°e_:_. -_ carried, the above Applications for License were approved. sate a ovyee. On motion-of Councilman MacKay, seconded by Councilman Higbie and I. Eo In ram carried, an Application for License of Floyd E. Ingram, 13302 Deanann, am u ante service; Garden Grove, for ambulance service at 2604 Newport Boulevard, 24-hour- day service, was approved. . ADDITIONAL BUSINESS. The Clerk presented Resolution No. 4769, declaring certain weeds R -4769 ado ted re a public nuisance and fixing April 28, 1958, as.the date of hearing wee a atement• objections to the abatement thereof. On motion of Councilman Stoddard, earin set or seconded by Councilman Ridderhof and carried, Resolution No. 4769 was ri , adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill None Wilder On motion of Councilman Stoddard, seconded by Councilman MacKay Informal bids re and carried, the Public Works Director was authorized to receive wee a75atement informal bids for the abatement of weeds, to be submitted to the aut orize o Council on April 28, 1958. Pursuant.to the request-of property owners that a portion of the Alley between Catalina Drive and.La Jolla Drive be abandoned Resolution No. 4770, being a resolution adopting a map showing the portion of said alley proposed -to be abandoned, was presented. The Public Works Director stated that the City would reserve a permanent easement for utility purposes in said alley. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, Resolution No. 4770 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Resolution No. 4771, being a Resolution of Intention of the City Council to order the closing up, vacation and abandonment of a portion of a certain alley between Catalina Drive and La Jolla Drive, setting a hearing thereon for May 12, 1958, was presented. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Resolution No. 4771 was adopted by the following roll call vote, to wit: ACES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder R -4770 R -4771 adopted Intention to order above vacat on setting hearing May 12. 195 Re- bulkhead - Street end . -The Clerk read a letter-from.the.City Manager and the Public at.Marcus, It Works.Director recommending that the City participate to the en ment No. extent of one -third in the -cost of construction of-a concrete approved. bulkhead across-.and above the street end at Marcus_; at the Rialto, on Newport Island, and that the property owners.participate in the cost to the extent of two - thirds, as requested by the property owners,. The total cost of.the project will be.$1080; the City's share $360.. Budget Amendment.No..146, in the amount of $10802 being a Budget Appropriation from General Fund-.to General Services - Streets, to provide for:.said construction, was presented. On motion,of Councilman Hart, seconded by Councilman - Stoddard and carried, the recommendation's df the- City Manager and the Public Works Director were:approved, and- Budget Amen.dment.No. 146 was approved, Result.of- bid.o.enin The Clerk read - her.report - to the Council- .reg- arding the opening or cFa en. ace of bids for the construction of the intersection channelization c anne nation, facilities at:.the-junation of Newport and .`Balb�ga Boulevards between 21st and 23d Streets-.:-She stated that four -good bids, and one defective bid,-had been - received and piublicly opened in her office on April. -11, 19'58, at -10:00` *.M. :The low bid. was, submitted by Hardy & Harper- -.of Tustin,.in-the amount. of $18,476.50. On motion of Councilman Hart,' seconded by..Councilman-MacKa.y -,and carried, said report was ordered filed'. The City Manager stated that he and the Public Works Director recommended that, pending.-receipt from the Southern Pacific Company of a permit to enter the property for the purpose of.constructing the proposed improvements, the: award of contract :be withheld until an -adjourned •mee.ting.on April 21st at which time it was believed the permit would be: -in possession of the City. -The City Manager--further-recommended that-1-it would be unwise to commence - construction until the permit had- .been-received and approved as to form by the City Attorney-.:- On-.motion of Councilman Hart, seconded by Councilman.MacK-ay - and carried, the recommendations of the City Manager and the Public.Works-- Director were accepted. R -4772 ado ted re award The Clerk read her•report to the Council. regarding the opening o contract to- out of bids for the construction of a comfort station at the entrance to Coast ConsEruction Co . Newwpport.Pier. She stated that eight bids had been received and or eonstruction.o a ort ublicly opened--in her office on April'10, -- 1-.958, -at the hour of 10:00 Pier com ort station. -A.M., that the low bid.was.submitted : by South Coast Construction Co., in the amount of $19,965. On motion of Councilman Stoddard, seconded by Councilman-Rid derhof - and carried, said:- was.ordered filed. The City Manager and the. - Public Works Director recommended the award of contract to said low bidder. On motion of Councilman'Hart, seconded -by Councilman-Stoddard and - carried, Resolution No. 4772, awarding the contract for the construction -of said- comfort station to South Coast - - Construction Co:, at the contract price of $19,965,,was adopted by the following roll call vote, to wit: . AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES,•COUNCILMEV: -None- ABSENr,-COUNCILMEN: .Wilder Budget Amendment No. 150. Budget Amendment No..150, in-the amount of. .,_$19,965, being -a Budget Appropriation from Park and-Recreation -Fund to P: B. &R. - Parks, Parkways, Street Trees and Restrooms, for the construction of said comfort station, was presented. On motion of.Councilman Stoddard,,seconded by Councilman Hart and carried, Budget Amendment No. 150 was approved. Authorization re bids for fill on park sites rvine an�over. Re re uest of C. S. Garric�.for means of access. R -4773 ado ted re Grant Dee o Min -ent rom Tne Irvine C2Mpany. The request of the Public Works Director for authorization to call for bids for fill on the park site, Irvine and Dover, and the City Clerk to advertise for said-bids -to be_ received- in-her- office on May 9 1958, were granted on motion of Councilman Stoddard, seconded by Councilman Higbie and carried. _ The City Manager and the Public Works Director submitted with a letter,-plans for a dwelling for Mr. C. S. Garrick, owner of property located-at 3235 Ocean Boulevard, - Corona del Mar. Their - letter contained a recommendation that the means of access to said property over the unimproved portion.of Ocean Boulevard -be approved, as -shown on said plans, on the condition that the existing plant -mix walkway=.not be changed as to grade or alignment;.and that a copy-of the action of.the Council-be attached-to,the. plans and filed -with the Building-Department. On motion of Councilman Stoddard,- seconded.by Councilman MacKay and carried, said recommendations were accepted and approved. Resolution No..- 4173,caccepting a Grant I1eed of Easement from The Irvine Company for a drainage -ditch and pipes to be used in connection with the Big Canyon Reservoir-,- was presented.. On, motion of Councilman Higbie, seconded by Councilman Hart and carried, Resolution No. 4773 was adopted by the following roll call vote,, to wit:- 7. AYES -, COUNCILMEN: .Hart, MacKay-, Stoddard Higbie,. Ridderhof, Hil'f NOES, COUNCILMEN:. None ABSENT, COUNCILMEN: .Wilder- 1 1 LJ 513 Councilman Stoddard and Councilman MacKay reported on the insurance Re insurance for obtainable for the lifeguard boat. After discussion, on motion of n eguar oat. Councilman Stoddard, seconded by Councilman MacKay and carried insurance -was approved for the lifeguard boat in-the amount of $20,000, 4100 - deductible, on the hull; $500,000, $250 deductible, P. & I., at a total cost of $1548;20, conditioned that the City buy the coverage proposed, which does not include the Workmen's Compensation portion,.the . longshoreman and harbor workers' "portion, if in the next day or two a letter is forthcoming from the State Compensation Insurance Fund advising that coverage for those categories is provided by the State Compensation Insurance Fund -. Budget Appropriation No. 151, in the amount. of $3,718.68, from A letter was.presented from Fx. and Mrs. Max Walter, dated March Offer of Mr. and ILA �1�]Co 28,.1958, offering to settle the condemnation action commenced by the Max a ter re of Stoddard, seconded by Councilman Hart and carried. Said Budget Amendment City of Newport Beach to condemn ]Lot 26 in Block A -35, Corona del Mar, oc for $8,250 in exchange for delivery to the_City.by them of a Grant Deed Corona del Mar. On motion of Councilman MacKay; seconded by Councilman-Stoddard conveying good and sufficient title to said property. The Clerk read a and carried, the Clerk "was authorized to appoint a canvassing board of a sentee a ors o memorandum from the City Attorney wherein he recommended that the offer April u t h election. _ be accepted, in view of the City s appraisal on the property. Indication was given by the Council that it would be desirable to ' The City Manager stated that the State Division of Beaches and Statements of City 8, 1958, to the Legislature for ratification during its Special Session Parks had discovered that there were insufficient funds, in the amount Manager. -of $14,000, for the acquisition of Rocky Point property which was being Re "Proposed Orange to the City Attorney, dated April 11, 1958, regarding the "Proposed acquired through condemnation. He had just been informed that the State Orange County Oil Code.t1 On motion of Councilman Stoddard, seconded had filed a motion to dismiss the condemnation action which would be the answers.to the following questions ,set forth in the memorandum: heard in the Orange County Superior Court on Tuesday,.April 15. 1. In the event the County adopts this regulation and Mr. Newton B. Drury, Chief of the State Division of Beaches and Comments of N. B, a similar regulation, would the provisions of this Parks, had stated in a letter that he was of the opinion that the Drury as state in price of the property was unreasonable compared to its potential as a a letter. present regulations, some of which are contained in park site., _ , the.Charter in the event of its adoption of this code? Since the City had received a return of $15 000 'from the State Re offerin tine necessary to make said Code a part of the Newport Beach Municipal Code, for the acquisition of the Walter lot, it was felt that it would be wise tats t e"necessarX Re Civil Defense to go ahead with said acquisition and to offer the State the necessary 114_9UUO. case of disaster and, if approved by the State, would enable the City to $14,000 to complete the acquisition of Rocky Point through condemnation. qualify to receive Federal aid when and if needed. It was presented Councilman Stoddard felt very keenly that the State is at fault. On motion of Councilman Stoddard, seconded by Councilman MacKay and Authorization to .carried, the City Manager and the City Attorney were authorized to close c ose a sa e, the sale of Lot 26, Block A -35, with the Walters. on motion of Councilman Stoddard, seconded by Councilman Higbie and Authorization to carried, the City Manager and the city:Attorney were empowered to offer o er t e Late the State $14,100 to complete the acquisition of.Rocky Point. , ' On motion of Councilman Stoddard,..seconded by Councilman Higbie Authorization to and carried, the City Manager and Councilman Stoddard were authorized to atten state ar attend the State Park Commission meeting in San Francisco, on April 18, Comm ss on meeting. 1958, and to proceed to Sacramento if necessary, in order to represent the City's interests, " Councilman Stoddard and Councilman MacKay reported on the insurance Re insurance for obtainable for the lifeguard boat. After discussion, on motion of n eguar oat. Councilman Stoddard, seconded by Councilman MacKay and carried insurance -was approved for the lifeguard boat in-the amount of $20,000, 4100 - deductible, on the hull; $500,000, $250 deductible, P. & I., at a total cost of $1548;20, conditioned that the City buy the coverage proposed, which does not include the Workmen's Compensation portion,.the . longshoreman and harbor workers' "portion, if in the next day or two a letter is forthcoming from the State Compensation Insurance Fund advising that coverage for those categories is provided by the State Compensation Insurance Fund -. Budget Appropriation No. 151, in the amount. of $3,718.68, from Budget ropri?AiC9_.__ Submerged Land Oil Fund to Lifeguard Service, funds for operation for ILA �1�]Co the remainder of the fiscal year, was approved, on motion of Councilman Stoddard, seconded by Councilman Hart and carried. Said Budget Amendment includes am item of $1650 for Insurance - Marine, Said item includes the insurance provided while the lifeguard boat was under construction. On motion of Councilman MacKay; seconded by Councilman-Stoddard Re board to canvass and carried, the Clerk "was authorized to appoint a canvassing board of a sentee a ors o ' four voters to canvass the absentee ballots of the April 8th election, April u t h election. and to pay each member of said board $5.00 for her services. Indication was given by the Council that it would be desirable to Re Charter Amend- send the Charter Amendments, which were passed by the voters on April ments Bang_ sent to 8, 1958, to the Legislature for ratification during its Special Session eggs arum if at all possible. Councilman Stoddard discussed a memorandum which he had written Re "Proposed Orange to the City Attorney, dated April 11, 1958, regarding the "Proposed CounSy 011 Code." Orange County Oil Code.t1 On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Attorney was ,directed to seek the answers.to the following questions ,set forth in the memorandum: 1. In the event the County adopts this regulation and certain cities,. principally Costa Mesa, adopt it or a similar regulation, would the provisions of this regulation be suitable for Newport Beach? 2. What is the position of the City with respect to its present regulations, some of which are contained in the.Charter in the event of its adoption of this code? In addition,. he was instructed to make recommendations for the changes necessary to make said Code a part of the Newport Beach Municipal Code, The City Manager presented a Civil Defense and Disaster Plan Re Civil Defense ' which provides a.basic framework under which the City could function in ana Disaster P an. case of disaster and, if approved by the State, would enable the City to qualify to receive Federal aid when and if needed. It was presented E Ordinance No. 843. A a rovin "Cameo Cliffs Annex." Ordinance No. 843 a opte . Re proposed ordinance amending eccti s oothe o e relating to su - cIV lions. Ordinance No. 844, Re picnicking on beaches. Ordinance-No. 844 a opte . R -4774 ado ted re Grant o Easement to Sout ern C-allfornia Ealson Company. Ordinance No. 843, being_ . AN ORDINANCE OF THE. - CITY- OF.NEWPORT.-BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "CAMEO CLIFFS -. ANNEX,n was presented for second reading. On motion of Councilman MacKay, seconded by. Councilman Hart.and; carried, the second reading .of`_Ordinance No. 843"was waived. On- motion-of'Councilman Ridderhof, seconded-by Councilman Hart and carried,.Ordinance -No; 843-was adopted by -.the following roll call vote,, towit: AYES, - COUNCILMEN: Hart, MacKay, Stoddard Higbie.,.Ridderhof, Hili. NOES, COUNCILMEN: None ABSENT, COUNCILMEN:' r - Wilde In connection with Planning,Commission Amendment No. 46,-an ordinance was presented amending Sections 9250.4-and_9251 A 'of -the Newport Beach Municipal-Code relating to subdivisions.. Said ordinance would make it unlawful for any' - person to rel"ease-•.any land without co#lying with the requirements of Article IX: -1/2 relatingg to Subdivisions. After discussion,_ and due -to lack of clarity of intent, the ordinance, as proposed, was referred back to the Planning-.Commission, on motion of Councilman Hart, seconded by Councilman Ridderhof -and carried.-" Ordinance No. 844, being AN ORDINANCE OF -THE CITY OF, NEWPORT' BEACH - AMENDING SECTION 4204 .OF THE-NEWPORT BEACH MUNICIPAL CODE RELATING TO PICNICKING.ON. . BEACHES, was presented for second.reading, -- On motion of---Councilman Hart; seconded by Councilman Stoddard and :carried, the second reading of said :ordinance was waived. On motion of.-,Councilman Hart., seconded by Councilman MacKay and-carried, Ordinance -No-. 844 -.was adopted.by the following roll call vote, to wit: AYES, COUNCILMEN: Hart,, MacKay.-Stoddard, 7 Higbie, Ridderhof, Hill NOES, COUNCILMEN: Norte . ABSENT, COUNCILMEN: Wilder A resolution-was presented authorizing a. Grant of Easement to the Southern - California "Edison 'Company. The -adoption -of said resolution was recommended in order that the Edison Company may serve electricity to the City °s -reservoir site. -On motion of Councilman Hart„ seconded:by Councilman MacKay and carried ',.Resolution No -. 4774.was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard Higbie, Ridderhof, Hill NOES,. COUNCILMEN: =- -None ABSENT, COUNCILMEN: Wilder 1 with the,thought in mind that.after.examination, recommendations might-be made. The City Attorney was requested to-examine it.. Ordinance No. 845e Ordinance No, 845,. being _ Re Planning and Zoning.. AN ORDINANCE OF. THE CITY.OF NEWPORT BEACH AMENDING, REPEALING-AND .ADDING_CERTAIN, - SECTIONS OF ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PLANNING AND ZONING, Discussion held, was presented for second reading. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, -.the second reading:of said ordinance was waived. The City-Clerk read -a letter from Don E. Gunderson, dated April_:14., 1958-,.protesting the recommendation of the Planning Commission that the Building Code require 1200 square feet of land area for-each unit in an R -3 lot, or-6400 square feet of land area for the three units... A discussion was had with the following people speaking from -the floor:- Walter-Longmoor, R. S. Ricketts,-C. -M. Sexton, W ®Dargin Smith, W. Fred MacDonald, Richard V. Lindholm.. - Statements of Mr. In reply to; inquiries by:.the gentlemen named, Mr. Longgmoor stated ongmoor, anance No, that -he believed the Commission would probably .look favorably upon. 8'1"+5 adopt. requests for variances -for those to-whom a hardship would be-worked by the adoption of the proposed-requirement of.1200 square feet in an R -3 District per family unit, and _1000 square-feet per family unit in an R -2 District. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried,° Ordinance - No. 845 .was - adopted- by- the following roll-call vote., to -wit:- AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof,-Hill NOES., COUNCILMEN:. None - ABSENr, COUNCILMEN:= Wilder Ordinance No. 843. A a rovin "Cameo Cliffs Annex." Ordinance No. 843 a opte . Re proposed ordinance amending eccti s oothe o e relating to su - cIV lions. Ordinance No. 844, Re picnicking on beaches. Ordinance-No. 844 a opte . R -4774 ado ted re Grant o Easement to Sout ern C-allfornia Ealson Company. Ordinance No. 843, being_ . AN ORDINANCE OF THE. - CITY- OF.NEWPORT.-BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "CAMEO CLIFFS -. ANNEX,n was presented for second reading. On motion of Councilman MacKay, seconded by. Councilman Hart.and; carried, the second reading .of`_Ordinance No. 843"was waived. On- motion-of'Councilman Ridderhof, seconded-by Councilman Hart and carried,.Ordinance -No; 843-was adopted by -.the following roll call vote,, towit: AYES, - COUNCILMEN: Hart, MacKay, Stoddard Higbie.,.Ridderhof, Hili. NOES, COUNCILMEN: None ABSENT, COUNCILMEN:' r - Wilde In connection with Planning,Commission Amendment No. 46,-an ordinance was presented amending Sections 9250.4-and_9251 A 'of -the Newport Beach Municipal-Code relating to subdivisions.. Said ordinance would make it unlawful for any' - person to rel"ease-•.any land without co#lying with the requirements of Article IX: -1/2 relatingg to Subdivisions. After discussion,_ and due -to lack of clarity of intent, the ordinance, as proposed, was referred back to the Planning-.Commission, on motion of Councilman Hart, seconded by Councilman Ridderhof -and carried.-" Ordinance No. 844, being AN ORDINANCE OF -THE CITY OF, NEWPORT' BEACH - AMENDING SECTION 4204 .OF THE-NEWPORT BEACH MUNICIPAL CODE RELATING TO PICNICKING.ON. . BEACHES, was presented for second.reading, -- On motion of---Councilman Hart; seconded by Councilman Stoddard and :carried, the second reading of said :ordinance was waived. On motion of.-,Councilman Hart., seconded by Councilman MacKay and-carried, Ordinance -No-. 844 -.was adopted.by the following roll call vote, to wit: AYES, COUNCILMEN: Hart,, MacKay.-Stoddard, 7 Higbie, Ridderhof, Hill NOES, COUNCILMEN: Norte . ABSENT, COUNCILMEN: Wilder A resolution-was presented authorizing a. Grant of Easement to the Southern - California "Edison 'Company. The -adoption -of said resolution was recommended in order that the Edison Company may serve electricity to the City °s -reservoir site. -On motion of Councilman Hart„ seconded:by Councilman MacKay and carried ',.Resolution No -. 4774.was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard Higbie, Ridderhof, Hill NOES,. COUNCILMEN: =- -None ABSENT, COUNCILMEN: Wilder 1 im Resolution No. 4775, being a resolution authorizing execution of Rj4775 ado ted re a contract to sell certain excess water of the City to W. A. Bertuleit sa e o water to was presented. On motion of Councilman,Hart, seconded by Councilman Cd. . Bertu eat. MacKay and carried, Resolution No. 4775 was adopted by the following roll call vote, to wit: , , AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof,.Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Planning Commission Amendment No. 47, regarding the petition of Robert H. Karstens and certain property owners, to rezone Blocks 131 and 132, Resubdivision of Corona del Mar, from an R -2 to an R -3 District, was presented. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, said matter was set for public hearing on April 28, 1958. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the following Budget Amendments were approved: No. 119, $300, Budget Appropriation for Parkin Meter Fund to Parking Meters and Lots; to provide for services of F. C. Wood, Jr., for appraisal of old City Hall site for parking purposes. No. 120, $3748, Budget Transfer from City Council Expense N.O.C. to Elections;. additional funds needed for expenditures for Election held April 8, 1958. No. 121, $1265, Budget Transfer from City Council Expense N.O.C. to Finance.- supplies for remainder of ' fiscal year; purchase of counter cabinets for license division and payroll posting tray. No. 122, $700, Budget Appropriation from Submerged Land Oil Fund to Harbor & Oil Operations; to provide for expense of lighting on Newport and Balboa Piers; not provided for in original budget estimates. No. 123, $300, Budget Transfer from City Council Expense.N.O.C. to Administration; additional funds for remainder of fiscal year. No. 124, $300, Budget Transfer from City Council Expense N.O.C. to Personnel and Civil Service; additional funds needed for test services in connection with Civil Service exams. No. 125, $1200, Budget Transfer from City Council Expense N.O.C. to City Attorney; additional funds for professional services in.connection with Balboa Inn vs. City of Newport Beach case. No. 126, $1250, Budget Transfer from Purchasing and Warehousing to City Hall; to-transfer funds for construction of offices for Purchasing Agent and Street Superintendent in City Hall, and purchase of custodial supplies. _.. The recommendation of the City Manager to amend the position authorization section of the Lifeguard Department budget as follows: Deleting one Lifeguard Lieutenant position (regular), and adding one Lifeguard position (regular), was presented. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said recommendations were approved and authorized. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the City Manager and the City Attorney were authorized to open an escrow or take other action necessary to complete the acquisition of Lots 1 and 2 in Block 145 of the Canal Section of Newport Beach„ for the sum of $10,000. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, Budget Amendment No. 153, in the amount of $10,200, Budget Appropriation from Park and Recreation Fund to P. B. & R. - Parks, Parkways,-Street Trees and Restrooms; funds for the acquisition of Lots 1. and 2, Channel Place; including title costs; land to be used for park site, was approved.. It was moved by Councilman Stoddard, seconded by Councilman Ridderhof and carried, that Councilman Hart and Councilman Higbie be requested to investigate the cost of acquiring title to the lot at the intersection of 43d Street and River Avenue, and capping the seeping oil well located on said lot, and that the City Manager and the City Attorney be directed to work with.Councilman Hart and Councilman Higbie in the investigation, and report to the City Council. ' On motion of Councilman Stoddard; seconded by Councilman Hart and carried, the meeting was adjourned to 8:30 A.M. on April 15/, 1958. n Ci. 'Mayor ATTEST: ?fearing set for esas'� ®n Ro ert . Karstens an certain proper - ty owners. Budget Amendments. No. 119. No, 120. Noe 121. Nc, 122, No, 123. No. 124. No. 125. No. 126, Amending Life - guar �artment budgef . ation re Re oil well at an aver. Adjourned. 0