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HomeMy WebLinkAbout04/28/1958 - Regular Meeting1 n fl On motion of Councilman Hart, seconded by Councilman Kingsley and carried, the meeting was adjourned. ATTEST: 'City Uem April 28, 1958 533 Meeting adjourned. The City Council of the City of Newport Beach met in regular session Regular session. in the Council Chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following members being present: Councilmen Roll call. Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie and Stoddard. On motion of Councilman Lorenz, seconded by Councilman Hart and Approval of carried, the reading of the minutes of April 14, 1958, was waived, and minutes. the minutes were approved as written and ordered filed.. On motion of Councilman Hart, seconded by Councilman Higbie and Oath of Office of carried, the Oath of Office of Shirley S. Bagshaw as Deputy City Clerk S it e S. was approved, and the appointment by the Council of Shirley S. Bagshaw Bag as Deputy City Clerk was confirmed. Ro ewe Karstens Mayor Stoddard opened the meeting for a public hearing of protests Hearing re weed in connection with the intention of the City to abate weeds; notices of a atement. Low hearing having been duly posted. No protests were made and no written bid of yyn on protests had been received. On motion of Councilman Hart, seconded by McFallaccepteed, Councilman Lorenz and carried, the hearing was closed. A report submitted by the City Manager and the Public Works Director was presented stating that on April 24, 1958, informal bids had been received for removing weeds from vacant property in the City, and that two bids had been received. It was their recommendation that the low bid of E. Lyndon McFall, in the amount of $1,356.40, be accepted; the Purchasing Agent be authorized to issue a purchase order covering this work; and that adequate liability insurance covering the City, as approved by the City Attorney, be furnished by the contractor. On motion of Councilman Hart, seconded by Councilman Somers and carried, the report from the City Manager and the Public Works Director on the destruction of weeds was.accepted; authorization was given to accept the low bid of E. Lyndon McFall, in the amount of $1,356.40; and the Superintendent of Streets was instructed to proceed with the abatement of weeds in accordance with the recommendations. Mayor Stoddard opened the meeting for a public hearing in connection Hearing re with Planning Commission Amendment No. 47, regarding the petition of P anRii Commissi0 Robert H. Karstens and certain property owners, Corona del Mar, to en meat No. 47L rezone Lots 1 through 18, Blocks 131 and 132, Resubdivision of Corona Ro ewe Karstens del Mar, Zone R -2, to amend Section 9103.2 of Ordinance No. 635 so as to an of ers.. cause this property to fall within an R -3 District; notices of hearing having been duly published and posted. The findings and recommendations of the Planning Commission, in a report dated April 3, 1958, were read. Said report recommended thatthe Application of Robert H. Karstens and certain property owners to change the zoning of Blocks 131 and 132 from R -2 to R -3 be denied, inasmuch as the Planning Commission was of the opinion that it was not fair or equitable -to grant an R -3 zoning to this area when so many property owners in the area could not use the privileges of such zoning because of the size and shape of the lots. The City Attorney stated that in a hearing of this nature, the Statements of the Council would be acting as legislators; that the requested change in City ttorney. zoning would permit land use that is not now permitted in an R -2 Zone; he further stated that the Council would consider the gener al,welfare of the City in the subject hearing and would take into consideration the proper land use, public health and safety of the City in making its decision. A letter from Cecil S. Blinn, supporting the Application for the Letters from C. S. rezoning of Blocks 131 and 132, Corona del Mar, was read, as was the Blinn and R. H. written request of Robert H. Karstens, reiterating his request for Karstens. the subject zoning change. Dana Smith, Attorney, representing C. F. Rehnborg, property Dana Smith in owner in Corona del Mar, spoke from the audience opposing the change opposition. in zoning. On motion of Councilman Somers, seconded by Councilman Lorenz and Hearing closed. carried, the hearing was closed. On motion of Councilman Lorenz, seconded by Councilman Somers and Application denieri carried,_the Council sustained the findings and approved the recommendations of the Planning Commission and denied the Application of Robert H. Karstens and certain property owners, Corona del Mar, to rezone Lots 1 through 18, Blocks 131 and 132, Resubdivision of Corona del Mar. E M Public hearing re Use Mayor Stoddard opened the meeting for a public hearing in Permit No. 41bo H. H. connection with the appeal of H. H. Holbrook, 2801 West Balboa Holbrook. Boulevard, from,the decision of the Planning Commission denying Use Permit No. 416, to remove existing sheds and build two garages, and to request permission for the construction of -apartments at a 'later 'date on this site which is non - conforming because of a commercial use on an R -2 lot; Lots 22 and 23, Block 28, Newport Beach Tract; notices of hearing having been duly published and posted. Report of Planning The report of the Planning Commission, dated April 25, 1958, . Commission. stating the reasons for denying -the Appltcatidri 'for 'subject " -Use " Permit, was read. In the report it was stated that as the property is zonedR -2, Article IX of the Newport Beach Municipal Code does not permit the Planning Commission to grant use permits in this zone for this purpose; and further stating that there now exists a duplex partially on both lots thereby creating one building site. Statements of City The City Attorney stated that in hearing an appeal from a ttorney. decision of the Planning.Commission, the Council would be acting in a_quasi- judicial capacity; would review the report of the Planning Commission; take additional evidence into consideration and decide on the facts and the law; acting in accordance with the provisions set out in the Municipal Code. Letter from Max Hurwitz. A letter was presented from Max Hurwitz, Attorney, representing the applicant, requesting that the public hearing be continued to May 12, 1958. Statements of Attorney Attorney Hurwitz spoke from the audience stating that, to him, Rurwitz. the matter of one building now covering two lots presents a legal question of whether or not one building site would be involved and requested that the hearing be.continued to May 12, 1958.. Petitions presented. Attorney Hurwitz presented two petitions containing 32 signatures, from property owners in the subject vicinity, requesting that Mr. Holbrook be given permission to remove the existing sheds on his property and build five garages on the property, with two apartments over said garages, and to continue in his plumbing business there until said construction -is completed. Hearing continued to On motion of Councilman Hart, seconded by Councilman Higbie and May 12, 1958. carried, the public hearing on Use Permit Application No. 416 was continued to May 12, 1958. Public hearing re Mayor Stoddard opened the meeting for a public hearing in connection ResuT�divisao No. 65 with the appeal of Charles S. Garrick, filed on behalf of Mr. Garrick C ar es S. Garric by Attorney Rod Earl Lippold, from'a Planning Commission ruling denying the Application of Charles S. Garrick, 3235 Ocean Boulevard, for Resubdivision No. 65, to resubdivide this parcel so as to create two R -1 building sites; 27 feet of Lot 15 and all of Lot 16, Tract No. 1026, Corona del Mar, Zone R -1. Report of Planning The report of the Planning Commission, dated April 25, 1958, Commission. wherein said Commission disapproved of the proposed subdivision, was read. Statements of the City The City Attorney stated that the Planning Commission had recommended Attorney. that the plan for Resubdivision not be approved and an appeal had been taken to the City Council. He further stated that the Council would review the report of the Planning Commission; take additional evidence into consideration and once again would -be in the position of making a decision, as to whether or not this-plan for Resubdivision should be . approved in the form submitted by the applicant. Letters opposing the A letter from Mr. and Mrs. G. B. Kellog, and a card from Mrs. W. re��ivision. C. Kilgore, opposing the resubdivision, were read. Statements of Attorney Attorney Lippold spoke from the audience, further substantiating ippo the request of the applicant for the subject resubdivision. Attorney Lippold presented the following letters from property owners in the subject area, approving:of the.requested.resubdivision: Mr.. and Mrs. Don V. Franklin, Mrs. James Harrington, Mrs. Virgil F. Partch, Mr. and Mrs. Oran E. Barkley. Audience participation. The following spoke -from the audience opposing Resubdivision No. 65: T. A. Atkinson, A. V. Fraser, W. J. O'Keefe, Clifford T. Nutt, Charles A. Purinton, E. Burres Eliker. Mr. Don Franklin spoke from the audience in favor of the requested subdivision. Hearing closed. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the hearing was closed. Application denied and On motion of Councilman Lorenz, seconded by Councilman Kingsley ma— p'is— approved. and carried, the City Council denied the Application for Resubdivision No. 65, of Charles S. Garrick, and disapproved the map of subject sub- division, for the reasons given by the Planning Commission which are as follows: 535 The lots proposed in the subdivision do not meet the Reasons stated minimum depth requirements of 80' established by or enza . Section 9254.31 of the Newport Beach Municipal Code. No hardship that would for lots. The plan of lots in the Ocean Blvd. was shown with respect to the property justify deviation from the code requirements the subdivision is contrary to all other tract in that all other lots front on both and Breakers Drive. Traffic congestion is a critical problem in this section of the City and any increase in the number of parcels of land tend to increase the congestion. The size of each of the.proposed parcels would approximate 3/4 the size of the original lots in the subdivision and would therefore be detrimental to the surrounding property. An identical application for subdivision was considered by both the Planning Commission and the City Council in 1955 and disapproved. The circumstances are less favorable for subdivision now than in 1955. A letter from Charles S. Garrick requesting modification of the Modified plan for permission granted by the City Council on April 14, 1958, was submitted. means o access In his letter Mr. Garrick stated that in connection with is property, C. S. Garric . Lot 16 and.one -half of Lot 15, Tract No. 1026, Corona del Mar, due to the steepness of the existing grade from the walk to the garage floor of the present plan, permission was requested to move the present blacktop public walk to a point adjacent to the existing curb as shown on a plan submitted for approval. The Public Works Director stated that he could see no reason for not approving Mr. Garrick's request inasmuch as he was willing to replace the blacktop walk adjacent to the garage at no expense to the City. Mrs. Philip Burton spoke from the audience in connection with this matter. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the means of access as shown in the new plans submitted, were approved; and it was directed that a copy of the action of the Council be attached to the plans and filed with the Building Department. Councilman Hart presented Resolution No. 4780, being a resolution R -4780 adopted, authorizing an allowance of fifty dollars per month to the Mayor, in re $ 50 allowance accordance with Section 404 of.the Charter, to reimburse him for the to mayor. additional demands made upon him and expenses incurred by him in serving as Mayor. On motion of Councilman Hart, seconded by Councilman Lorenz, Resolution No. 4780 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Stoddard declared a five minute recess at this time. Recess. COMMUNICATIONS A letter from Hal Will Smith, expressing appreciation for the Letter from H. W. way Easter Week was handled, was read. Mr. Smith stated he was Smith re Easter impressed with the courtesy and wisdom with which one of the Police Officers handled a difficult situation. It was brought out in the meeting that Patrolmen Douglas Dien and Rex Heflin were the officers involved. Members of the Council expressed appreciation to the members of the Police Department. The City Manager stated that he would like to add a word of thanks to Officer Robert Carter for the manner in which he handled a problem on Little Island to the unanimous satisfaction of residents. On motion of Councilman Higbie, seconded by Councilman Hart and carried, the letter from Hal Will Smith was ordered filed, and it was directed that a copy of the letter be sent to the Chief of Police. Petitions bearing 99 signatures, and letters from the following, Re traffic requesting that a left -hand turning lane and traffic signalization sxgna bzation at Giversa therefor, be established at the intersection of Riverside Avenue and e an 1 Highway 101: Harry Estus, Charles V. Turner, Bay Hardware Co. by James W. Laws and James-W. Laws, III, Theodore Robins, Max Hurwitz and Robert R. Hurwitz, were presented. The City Manager stated that a request had been made to the State Division of Highways to make a detailed traffic engineering study of the intersection; to make the necessary traffic counts and determine what relief can be afforded in connection with this problem. On motion of Councilman Higbie, seconded by Councilman Atkinson and carried, the letters and petitions were referred to the City Manager; it was directed that the City Manager reply to the individual letters as to what action is being taken and requested that the Press take note of the action also in ' order that all interested parties will be advised. A letter was presented from Tom Norton, Chairman of the Parks, P. B. & R. re Beaches and Recreation Commission, stating that at its regular meeting Grant Howa held April 15, 1958, it was recommended that the area around the F009 Minute Resolution a opte . P. B. & R. letter re beautification of West Bay Avenue Beach. Corona del Mar Youth Center be designated and known as "Grant Howald Park11 because of the tremendous part that Grant Howald has played in the development of the Community Youth Center in Corona del Mar. Councilman Lorenz made a motion, seconded by Councilman Hart, that a letter be written to Mr. Howald thanking him for the excellent work he has done for the community. Mrs. Philip Burton spoke from the audience. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the following Minute Resolution was adopted: BE IT RESOLVED by the City Council-of the City of Newport Beach, that in recognition of the fine work of Mr. Grant Howald in the development of recreational facilities for youth in Corona del Mar, the area of the Corona del Mar Youth Center be designated as, and hereafter known as, "Grant Howald Park." A letter was presented from Tom Norton, Chairman-of the Parks, Beaches and Recreation Commission, stating that at its regular meeting, held April 15, 1958, the following action was taken: Beautification of the West Bay Avenue Beach, between 9th and 10th Streets, was discussed and a sketch drawn by the Park Superintendent was studied. This drawing shows a low hedge running along the edge of the sidewalk with an entrance to the beach at the cross walk. Two palm trees would be planted at either end of the area and the street.end at 10th would be landscaped as has been done at 12th, 13th and 14th Streets. Drinking fountains would be placed adjacent to the sidewalk so that access to them could be made either from the beach or the sidewalk. The estimated cost for this plan is $556.00, which is for materials only, the labor to be done by City crews. A motion was made by Commissioner Kargl, seconded by Commissioner Snyder, and unanimously carried, that the Commission approves, in principle, the plan for beautification of this bay beach, and recommends to the City Council that it be done, subject to an appropriation from City Council and a contribution from interested property owners. Intent of Cit Council A discussion ensued. The City Manager stated that there was some esta is e . indication that some money would be contributed by the property owners, in the area. It was also brought out in the meeting that those who were opposed to the project should be given an opportunity to express their objections. On motion of Councilman Somers, seconded by Council- man Atkinson and carried, it.was established that it is the intent of the City Council to contribute one -half of the cost for materials. required for this beautification project, and.supply the labor by City crews, which proposed action will finally be determined at the City Council meeting on May 12, 1958. Re proposed freeway and On motion of Councilman Somers, seconded by Councilman Kingsley expressway plan. and carried, a letter from Hugo H. Winter, Chairman of Metropolitan Transportation Engineering Board, submitting a map of the proposed freeway and expressway plan for Los Angeles County adopted by said Board for inclusion in the State -wide plan, was referred to the City Manager for investigation and report. Copy of Alcoholic Beverage A copy of Application for Transfer of Alcoholic Beverage License License - Ber s ire °s. was presented, person to person transfer on -sale general, by receiver in bankruptcy, applicant James W. Berkshire and Pauline F. Berkshire, "Berkshire's Restaurant," 3450 Via Oporto. On motion of Councilman" Hart, seconded by Councilman.Higbie and carried, said application was ordered received and filed. Re Huntington Beach's On motion of Councilman Hart, seconded by Councilman Higbie and JixTy t parade carried, an invitation from Huntington Beach. to participate in celebrating Huntington Beach's 45th annual 4th of July celebration and parade, was referred to Mayor Stoddard for his attention. Ne ort Harbor Union High A letter was presented from Mrs. C. 0. Anderson, President, Newport c oo Parent-Teac er Harbor Union High School Parent- Teacher Association, stating that said Association letter re organization voted as a unit before a crowd of eight to nine hundred Minit ar et. parents on the evening of March 12, 1958, to support the views of the school administrators as outlined in their statement regarding a Minit Market. On motion of Councilman Somers, seconded by Councilman Hart and carried, the communication was ordered filed,. and it was directed that a reply be sent to Mrs. Anderson to the effect that no action is pending before the Planning Commission or the Council at this time in connection with the Minit Market. Re claim of Mrs. Giovanna A letter to the City Hall of Newport Beach from Mrs. Giovanna C. S. ar esi c . Mardesich, was presented, in which it was stated that Mrs. Mardesich had sustained injuries from a fall on the waxed floor of the City Hall on February 25, 1958. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the communication was referred to the City Attorney for answer, with the suggestion that Mrs. Mardesich be advised of the requirements of filing a claim against the City so that she would not rely upon the letter as being a sufficient claim,and thereby allow the claim period to pass without complying with the requirements of the Charter and the State law. 1 A letter was read from Robert Alexander enclosing a copy of a letter written to the Southern California Edison Company and the State Highway Department at Santa Ana, calling attention to the need for improving the westerly approach to the City. On motion of Councilman Hart, seconded by Councilman Somers and carried, the communications were ordered filed and the City Manager was instructed to acknowledge receipt of the subject communications. Councilman Hart commented that it was his opinion that it would be an excellent idea to erect signs at the entrance to the City of Newport Beach, depicting what the area has to offer. A general discussion ensued but no action was taken. The request of T. A. Peters for a public address system at 2100 West Ocean Front, Newport Beach, for the Seaside Malt Shop, to broad- cast jukebox music between the hours of 10:00 A.M. and 6:00 P.M., from the present date to September 30, 1958, was presented. The City Manager stated that an inquiry had been made of the Newport Business - men's .Association which resulted in the majority of the businessmen in the area feeling that such a request should not be granted. On motion of Councilman Hart, seconded by Councilman Somers and carried, the request of T. A. Peters for the public address system at 2100 West Ocean Front, was denied. LICENSES On motion of Councilman Hart, seconded by Councilman Kingsley and carried, the following four Applications for License were approved: Application for License of Radford G. Lovell and Louise Lovell, 400 North Main Street, Balboa, to add on -sale beer to existing restaurant license at Fisherman's Wharf, 400 North Main, Balboa. Application for License of Stratton's Catering, 2001 West 17th Street, Santa Ana, for portable food stand service at Tract No. 1645 and Tract No. 1973, Harbor Highlands, 19th and Irvine Streets, Newport Beach. Letter received from H. E. Hourigan, Chief Engineer, South Coast Construction Co., substantiating this request. Application for License of Earl Fast and Harry Graham, 711 South Walnut, Anaheim, for one skill game, rifle, at the Hilltop Inn, 471 North Newport Boulevard, Newport Beach. Application for Exempt License of Juanda M. Thomas, 2343 Westminster Avenue, Costa Mesa, house to house soliciting for the sale of World Book Encyclopedia, Field Enterprise Education Corporation, Chicago. The Application for License of James W. Berkshire, 3450 Via Oporto, Newport Beach, for restaurant and on -sale alcoholic beverages at Berkshire's, 3450 Via Oporto, being.a change of ownership, was presented. A discussion ensued and it was directed that the matter of the subject business license be submitted to the Council at a subsequent meeting, following review by the City Attorney and the Planning Commission. ADDITIONAL BUSINESS A letter was presented from A. K. Phelps, Chairman of the Service Board, recommending that effective April 28, 1958, the Council by motion repeal the existing Section 3.6 of Rule III Rules and Regulations and substitute the following: Section 3.6. Assi ment of Percenta a Weights. T e relative weights 01 tests inc u e 1n the examination procedure for all classes below and including Fire Captain and Police Sergeant shall be 60 percent for the written test and 40 percent for either the technical performance test or the oral evaluation, whichever is designated by the Civil Service Board in an examination announcement. The relative weights for all other classes shall be 50 percent for the written test and-50 percent for the oral evaluation. Any other phases of an examination procedure prescribed by the Civil Service Board shall be administered on a pass -or -fail basis. 55A Letter from R. exan er re wester approach tthe City. Statements of Councilman Hart re SIGNS . Re Hest for public ADDR ^ SS So5TE . T. A. Peters. Licenses. Fisherman's Wharf. Stratton's Catering Service — _- E. Fast and H. Graham - s a ame at Hilltop Inn J. M. Thomas - sale o Wor ook. rkshire's. Civil Civil Service. City Exgstin�ction of the W 6 o Rau e YY re ea a an su stitution made. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the Council concurred in the recommendations of the Civil Service Commission and approved the revision of Section 3.6 as stated above, effective April 28, 1958. Revision of Section approved.— 53 Discussion re obsolete The City Manager stated that the City has some police radios which police radios. are now obsolete. He stated that the Newport Amateur Radio Society had requested that these obsolete items be made available to them. The City Manager stated that he had been advised.by the Purchasing Agent that these radios had a value of approximately $5.00 each. On motion of Councilman Somers; seconded by Councilman Atkinson and carried, the City Manager was granted permission to sell three of the obsolete police radios for the state price of $5.00 each. Re proposed parking lot The City Manager stated that the City Council, at is meeting on at east er en o Cit - April 14, 1958, instructed him to investigate the possibility of owne property a 7acent developing minimum off - street parking at the easterly end of the City - to Marinapark. owned property.adjacent to Marinapark. The Council had previously authorized the City Manager to investigate.the surfacing of the area for parking. The City Manager stated that due to.the little difference in the cost between decomposed granite and blacktopping, he felt the blacktopping would be more - substantial and that the estimated cost for a 29 -car parking lot was approximately $4200. Councilman Hart stated that it was the feeling of the Council that a broader study of the parking situation of the entire City was necessary before any action should be taken, and on motion of Councilman Hart, seconded by Councilman Kingsley and carried, action was deferred on the proposed parking lot at the easterly end of the City -owned property adjacent to Marinapark; ' until the Council has had an opportunity to study the situation. Mr. Harold Glass spoke from the audience and stated that the proposed plan for a smaller parking lot would suffice for the parking that would be necessary for the area adjacent to Marinapark. Discussion re summer A letter was presented from Eric J. Weisberg, addressed to the parking restrictions in City Manager opposing the summer parking restrictions in Corona del Mar. Corona del Mar. A letter from Robert J. Ball in rebuttal.to Mr. Weisberg's letter was read. Mr. Weisberg was in the audience and presented a report on the parking situation in Corona del Mar. Others in the audience opposing . the parking restrictions, who spoke from the floor, were Raymond F. Bandel and J. P. Ingram. Mrs. Dan Driskel stated that she was in favor of the restrictions. On motion of Councilman Lorenz, seconded by Councilman Higbie and carried, the letters were referred to the City Manager for answer and the Police Department was instructed to institute the parking regulations as set up last year not .later than June 13; 1958, and earlier if the Traffic Committee feels this is necessary... Re parking committee. Councilman Lorenz stated that the Council is considering the appointment of a parking committee to study City -wide parking problems. R -4781 adopted, re sublease The City Attorney presented a proposed resolution approving a between o e�_Buiu in sublease between Lodge Building Corporation, lessee, Griffith Company, orporation, Gr— iftit'ft lessor, and the City, as sublessee in which the City leases a small Company and the City. parcel of land for parking lot purposes. On motion of Councilman Hart, seconded by Councilman Higbie and carried, Resolution No. 4781, being a resolution authorizing the execution of said sublease, and setting out the term which extends from May 1, 1958, to April 30, 1983, and the rental provisions therefor, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R -4782 adopted, awarding In connection with the proposed construction of concrete sidewalks, Centra venue Water rout benches, seawall railing, masonry wall, concrete fountains, electrical Park contract to F1's_R__a_nU and plumbing installations for the Central Avenue Waterfront Park, a Buccola, Inc. letter from the City Clerk was presented stating that bids for the subject project had been opened in her office on April 24, 1958, and that two bids had been received. The letter further.stated that the low bid had been submitted by Fish and Buccola, Inc., in the amount of $5,415. The City Manager read Resolution No. 4782, being a resolution awarding a contract for the construction of the Central Avenue Waterfront Park to Fish and Buccola, Inc:, in the amount of $5,415, and the Mayor -and City Clerk were authorized to execute the contract upon receipt of a contribution in the amount of $915, or a written credit in the-aforesaid amount executed by the successful bidder. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, Resolution No. 4782, awarding the contract for the construction of the Central Avenue Waterfront Park to Fish and Buccola, Inc., as conditioned above, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Approval of bid notice_._ On motion of Councilman-.Somers, seconded by Councilman Hart and carried, approval of the notice as it was published to the effect that the bids for the construction of the Central Avenue Waterfront Park would be opened on April 24, 1958, was given. Report of Cit Clerk re In connection with the construction of the proposed parking lot i o en in re Centra on Central Avenue and adjoining property between Via Oporto and North venue parking lor. Channel, a letter from the City Clerk was presented, stating that the bids for the subject project had been opened in her office on April 24, 1958, and that three bids had.been received. The letter further stated that the low bid was submitted by R. J. Noble Company, in the amount of $3,891.40. On motion of Councilman Hart, seconded by Councilman Somers and carried, approval of the notice as it was published to the effect that the bids for the construction of the parking lot on Central Avenue would be opened on April 24, 1958, was given. It was the recommendation of the City Manager and the Public Works Director that the contract for the construction of the proposed Central Avenue Parking Lot be awarded to the R. J. Noble Company, the low bidder; also recommending that the Council approve the installation of approximately 28 parking meters, 3 light standards and necessary conduit and cable in conjunction with the improvement of said lot. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, Resolution No. 4783, being a resolution authorizing the award of the contract for the construction of the Central Avenue Parking Lot to the low bidder, R. J. Noble Company, in the amount of $3,891.40, was adopted by the following roll.call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Approval of bid notice. R -4783 adopted awarding contract to R. J. Noble ompany. On motion of Councilman Hart, seconded by Councilman Kingsley and Budget Amendment carried, Budget Amendment No. 163, in the amount of $6,050, being a No. Budget Appropriation from Parking Meter Fund, Unappropriated Surplus, to Parking Meters & Lots, Land Improvements; funds for the construction of the parking lot at the end of Central Avenue, was approved. On motion of Councilman Hart, carried, Budget Amendment No. 166, Budget Appropriation from the Park Surplus, to the Parks, Beaches and was approved, to provide funds for Avenue Park. seconded by Councilman Somers and Budget Amendment in the amount of $5300, being a No. and Recreation Fund, Unappropriated Recreation Budget, Account No. 7797, the construction of the Central A report was presented from the City Manager and the Public Works Director stating that in order to provide sewer and water connections to the restroom now under construction at the entrance to Newport Pier, it would be necessary that new lines be extended from 20th Street and the alley south of Balboa Boulevard. The installation would involve 407 feet of 6" tile sewer and 396 feet of 4" and 6" transite water line. The total value of labor and materials involved would be in excess of the $3,000 limitation on force account provided for in Section 1110 of the City Charter. It was the recommendation of the City Manager and the Public Works Director that the Council make a finding that the work in question could be performed better and more economically by the City with its own employees and the required materials be purchased on the open market. , On motion of Councilman Hart, seconded by Councilman Loren carried, Resolution No. 4784, being a resolution authorizing th construction of sewer and water connections to the restroom now construction at the entrance to Newport Pier by City employees, adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Report re sewer and water connections to Newport Pier com o -art station. Lorenz and R -4784 adopted e aut orizing wor under re Newport Pier was com ort station. The City Manager reported that it is planned to undertake minimum grading operations as soon as permission is obtained to occupy lots being purchased for Channel Place Park. He stated that every effort will be made to make the Park usable for the summer baseball program which begins June 15, and that a subsequent report will be made to the Council concerning the best method of accomplishing the grading of the park site. In connection with the Precise Plan No. 1 of the Streets and Highways Unit of the Master Plan which was, on March 24, 1958, set over for consideration by the Council to the second meeting in April, Councilman Hart stated that inasmuch as the street bond issue had failed to pass at the election held April 8, 1958, action on this matter should be discontinued. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, any further action on Precise Plan No. 1 of the Streets and Highways Unit of the Master Plan was abandoned. A memorandum from Mayor Stoddard was presented, recommending that a Steering Committee to represent the City in all matters in connection with the leasing of the County Dock area for commercial enterprises be appointed as follows: Harvey Somers, Councilman, Chairman Charles E. Hart, Councilman J. Frank Atkinson, Councilman Walter Longmoor, Planning Commission George Lind, Planning Commission. On motion of Councilman Lorenz, seconded by Councilman Higbie and carried, approval was given to the formation of said Committee and the nominations as recommended, were approved. The City Clerk was instructed to send a copy of the City- County Joint Lease Agreement which was ratified by the voters on April 8, 1958, to each member of the Committee. Mayor Stoddard requested anyone interested in serving on the Committee to feel free to join. Mr. Edward T. Healy spoke from the audience and asked when the chemical toilets would be located in the area of 15th Street and Report of Cit Manager re C annel Mare Park. Re Precise Plan No 1 oStreets an Hig ways nit o t e aster flan Re committee for easing o County Dock property. Committee appoints . Re chemical oil" ets N Balboa Boulevard. The City Manager reported that they would be placed prior to the coming week end, if possible. Minute Resolution. On motion of Councilman Kingsley, seconded by Councilman Lorenz and carried, the following Minute Resolution was adopted: Approval of bonds - RESOLVED, that the labor and material bond , McFa[ ed n Place and the faithful performance bond, each c anne fiation. numbered 695763, executed by Hardy & Harper and The Travelers Indemnity Company, guaranteeing the construction of intersection channelization facilities at the junction of Newport and Balboa Boulevards between 21st Street and 23d Street, be approved. Re letter to Orange County The Public Works Director read a letter directed to his attention Floo ontrol District. from H. G. Osborne, Flood Control Engineer, Orange County Flood Control District. Said letter enclosed the final plans and.specifications for portions of the Santa Ana River, Greenville- Banning Channel and the Talbert Channel; requesting that the subject plans and specifications be presented to the City Council of the City of Newport Beach for approval. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the following letter was directed to be sent to the Orange County Flood Control District, signed by J. B. Webb, City Engineer: "On presenting the plans and specifications referred to in your letter of April 18, 1958, to the City Council, I have been authorized to express its considered policy in regard to the approval of said plans and specifications. "The City Council feels that in flood control matters of this magnitude, and in particular plans involving potential residential areas of , the City, that they must consider all matters involving the design and successful operation of such facilities. The successful operation of the flood control facility on the east side of the present flood control channel will be dependent upon keeping the-channel open at the ocean end. This will involve maintenance over which the City will have no control. Therefore, it is the opinion of the City Council that approval by the City Engineer of these plans and specifications should not be given, inasmuch as such approval might be interpreted in such a way as to place a responsibility upon the City of Newport Beach. "Failure of the Council to approve said plans and specifications should not be construed as a judgment by the Council as to the merit of the project." Budget Amendment No. 165. On motion of Councilman Higbie, seconded by Councilman Somers and carried, Budget Amendment No. 165, was approved, in the amount of $1500, being a Budget Appropriation from Water Bond 1957 Construction Fund, Unappropriated Surplus, to Water Bonds,`Land Improvements; funds for the replacement of water line in the alley between Holmwood Drive and Catalina Drive. Re "Now Is The Time To The City Manager presented a letter from Theodore Robins, Jr., Motorcade. Parade Chairman, ' _Buy" stating that the merchants of the City of Newport Beach, in cooperation with the Newport Harbor Chamber of Commerce and the Corona del Mar Chamber of Commerce, had scheduled a Motorcade at 1 :00 P.M., Tuesday, May 6, to call public attention to the theme "Now Is The Time To Buy." Subject letter requested permission to play music from a truck or flatbed trailer in conjunction with the parade and cordially extended an invitation to the Mayor and members of the City Council to ride in the Motorcade and thus lend their support to this event which is of importance to the economy of the area. The City Manager stated that the request is permissible under Section 4210 of the Municipal Code. On motion of Councilman Somers, seconded by Councilman Hart and carried, the request was granted. Discussion re sites for The City Manager stated that the suggestion had been made that the Corona del Mar library. City Council give its support or sanction to the investigation by the Library Board of possible additional sites for the Corona del Mar library. Mayor Stoddard stated it was his thought that this subject should be discussed at greater length at a meeting of the Council and the Library Board. No action was taken at this time. Discussion re removal of The City Manager stated a suggestion had been made that the City two City-owned oats. remove the two City -owned floats in the Bay, one located at 10th and Bay, and the other at Ruby and North Bay Front. He stated that these floats are moored near swimming areas and are an attractive nuisance and represent a substantial liability to the City. A general discussion ensued and it was felt that the subject should be given more publicity and should ' be taken up by the Parks, Beaches and Recreation Commission. On motion of Councilman Somers, seconded by Councilman Hart, and carried, it was directed that consideration be given to the removal of the two subject floats. Rescue Boat Operator The City Manager presented Rescue Boat Operator Bob Reed, who operates presente to Counci'1. the City's lifeguard rescue boat, the Sea Watch, to the members of the Council. Councilman Hart presented a petition signed by eighteen.businessmen and property owners in the Newport Boulevard area, between 30th and 23d Streets, requesting that the hours of no parking on the southwesterly side of Newport Boulevard, between 30th Street and 23d Street, be between 2 :00 P.M. and 6:00 P.M., and the hours for parking on Sundays and holidays be between the hours of 2 :00 P.M. to 6:00 P.M., instead of the present 6:00 A.M. to 6 :00 P.M. On motion of Councilman Hart, seconded by Councilman Somers and carried, the petition was referred to the City Manager. 6m, Petition re parkin` in Newport Bou_ eve area etween 30 and ZJd Streets. On motion of Councilman Hart, seconded by Councilman Atkinson and Members of the carried, the following members of the Council were authorized to be ouncb granted absent from the country:. Mayor James B. Stoddard, May 1 through May ermass on to e 63 1958; Councilman C. A. Higbie, April 30, 1958, to May 6, 1958; absent. Councilman Kenneth C. Kingsley, May 1 through May 6, 1958. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the meeting was adjourned to 4:00 P.M., Tuesday, May 6, 1958. ATTEST: h&0aq &%14 'S si c City C r May 6, 1958 The City Council of the City of Newport Beach met in adjourned regular session in the Council Chambers of the City Hall at the hour of 4:00 P.M. The roll was called, the following members being present: Council- men Hart, Kingsley, Atkinson and Stoddard; Councilmen Lorenz, Somers and Higbie being absent. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, Budget Amendment No. 167, in the amount of $2400 was approved, being a Budget Appropriation from Park and Recreation Fund, Unappropriated Surplus, to Parks, Beaches and Recreation - ,Parks, Parkways, Street Trees and Restrooms, Structures; funds for materials cost of water and sewer line to the Newport Pier Comfort Station; fund transfer of $1400 from Water Fund to Park and Recreation Fund to provide for Water Fund portion of work requested. A letter was read from the Public Works Director recommending that the replacement of existing sewer main in portions of North Speedway on Balboa Island, and installation of new water main in portions of North Speedway, Collins Avenue and Opal Avenue, be accepted, and that the City Clerk be authorized to file a Notice of Completion with the County Recorder. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, said recommendation was accepted and the City Clerk was authorized to file a Notice of Completion. The City Manager stated that he would like Council approval for the purchase of portable radar equipment for speed enforcement purposes. He stated that the equipment is included in the budget for the coming fiscal year but prior approval by the Council was requested in order that an order could be placed immediately for the purchase of the Electrofab Model 33, complete with recording equipment, at an estimated cost of $1800. Councilmen Somers, Higbie and Lorenz joined the meeting during the discussion. A general discussion ensued as to the effectiveness of radar equipment being used in other cities in Orange County and the possible advantages for its use in the City of Newport Beach. The City Attorney stated that it was his understanding that the evidence gathered by the means of radar devices is admissible in Court. Chief Upson spoke from the audience and stated that with the use of radar equipment a saving in manpower would result; also, that the psychological effect that the areas are posted as being radar controlled tends to make motorists more cautious. On motion of Councilman Somers, seconded by Councilman Lorenz and carried, the City Manager was authorized to arrange for the purchase of the requested equipment. A report, numbered 57- 58 -28, dated May 5, 1958, directed to the ' City Council, was presented from the City Manager and the Public Works Director concerning the 17th Street, Irvine Avenue, Dover Drive Improve- ment Project, being a cooperative venture on the part of the City of Newport Beach, the Newport Beach Elementary School District, The Irvine Company and The Bradley Company or Austin Sturtevant. The subject Meeting adjourned. Adjourned regular session. Roll call. Budget Amendment No . Re acceptance of replacement o sewer main North Spee way. Re uest for approvval for the pu— Mase of ra ar equipment. Approval given. Re re ort on 17th treat prod act .