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HomeMy WebLinkAbout05/12/1958 - Regular Meeting54-4 Grant Deed to Richard W. Atwell conveyinfi that portion of Clubhouse Avenue referred to in said agreement as A" property. On motion of Councilman Hart, seconded by Councilman Somers and carried, Resolution No. 4790 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Re return of bidders' On motion of Councilman Hart, seconded by Councilman Somers c ec s. and carried, the City Clerk was authorized to return bidders' checks to unsuccessful bidders on the following: McFadden Place Intersection Channelization, bidders' checks to be returned to R. W. McClellan and Sons and Sully- Miller Contracting Company; Central Avenue Parking Lot, bidders' checks to be returned to R. W. McClellan and Sons, and Sully- Miller Contracting Company. Councilman Higbie rejoined the meeting. Re bid authorization for On motion of Councilman KiM sley, seconded by Councilman Atkinson 17th Street street bg ting and carried, the City Clerk was authorized to advertise for bids for system. street lighting system - 17th Street from Irvine Avenue to Dover Drive; bids to be opened in the office of the City Clerk on May 27, 1958; and it was indicated that the contract should be awarded at an adjourned meeting of the City Council on May 27, 1958. R -4791 ado te_d�_r_e The City Manager recommended that the Council adopt a resolution ease wit Nye ort Beach for the renewal of the Corona del Mar Branch Library lease expiring School District re June 30, 1958. On motion of Councilman Lorenz, seconded by Councilman custo En cottage for Hart and carried, Resolution No. 4791, being a resolution authorizing Cor— owe Mar Branc the Mayor and the City Clerk to execute a lease with the Newport Beach Li nary. School District of Orange County, as lessor, and the City of Newport ' Beach, as lessee, for a certain custodian cottage owned by the lessor located at 501 Dahlia, Corona del Mar, for a term of one year commencing July 1, 1958, for a rental of $1.00 per year, 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 Business License Mayor Stoddard requested the services.of volunteers for the Business Committee appointed. License Committee to meet with the representatives of the Chamber of Commerce and others to discuss the proposed modifications in the business license ordinance and named Councilmen Hart, Lorenz, Atkinson and Kingsley to represent the Council. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, approval was given to the Business License Committee as named. A meeting of the Council Committee and the Chamber of Commerce has been scheduled for Friday, May 9, 1958. Re County Dock committee Councilman Somers stated that on Tuesday, May 13, 1958, 4 :00 P.M., meeting a meeting had been scheduled for the Steering Committee for the City - County Joint Lease on "County Dock" property. Meeting adjourned. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the meeting was adjourned. a or ATTEST: City C e �Q A,1,n,fg w.. ,t- May 12, 1958 Regular session. The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. Roll call. The roll was called, the following members being present: Councilmen Hart, Lorenz., Somers, Kingsley, Atkinson, Higbie and Stoddard. Approval of minutes. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the reading of the minutes of April 15, 1958, April 21, 1958, April 24, 1958, and April 28, 1958, was waived, and the minutes were approved as written and ordered filed. The Mayor announced that this was the time and place for a continued public hearing on the Application of H. H. Holbrook, 2801 West Balboa Boulevard, appealing 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 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. Attorney Max Hurwitz, representing Mr. Holbrook spoke from the audience and submitted a petition bearing twenty signatures of propery owners and taxpayers in the subject neighborhood, requesting that permission be granted Mr. Holbrook to remove the existing sheds on his property and build five garages, with two apartments over said garages, and to continue in his plumbing business at that address until said construction is completed. Attorney Hurwitz requested the Council to refer the application back to the Planning Commission to enable Mr. Holbrook to amend his request for the required Use Permit so that a more practical solution could be reached in the problem involved. The City Attorney stated that under the present application, it was his feeling that the term "building site must be taken to include, or to mean, two lots if the lot line is crossed with a building, and that Mr. Holbrook might find it more advisable to amend his present application. No one else desired to speak concerning the matter and Mayor Stoddard closed the hearing. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the Application of H. H. Holbrook for Use Permit No. 416, was, at the request of the applicant, referred back to the Planning Commission for amendment. The Mayor announced that this was the time and place for a public hearing regarding Resolution No. 4771, being a Resolution of Intention to order the closing up, vacation and abandonment of a portion of a certain alley between Catalina Drive and La Jolla Drive in the City ' of Newport Beach; notices of said hearing having been duly published and posted. No written or oral protests were received. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the hearing was closed. On motion of Councilman Hart, seconded by Councilman Kingsley, Resolution No. 4792, being a resolution of the City Council of the City of Newport Beach ordering the vacation, closing up and abandonment of a portion of a certain alley between Catalina Drive and La Jolla Drive, 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 COMMUNICATIONS A letter was presented from the Horace Ensign Parent - Teacher Association which stated their opposition to any change in the Intermediate (I) District zoning, as set out in Sections 9130.680, 9103.681 and 9103.682, of the Municipal Code, and that the Association wished to go on record as supporting the "Administrators Statement Regarding Minit Market." On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the letter was ordered acknowledged and filed. A joint resolution, signed by Urban Beh, President of the Newport Harbor Chamber of Commerce, and William L. Lee, President of the Costa ' Mesa Chamber of Commerce, congratulating the City Councils of Newport Beach and Costa Mesa upon working out an acceptable compromise to the 17th Street relocation problem and urging future joint meetings to consider problems of common interest, was presented. On motion of Councilman Somers, seconded by Councilman Kingsley and carried, the joint resolution was ordered referred to the City Manager for acknowledgment with the statement that the City Council is in accord with the feeling that future joint meetings should be held on problems of common interest. A letter was presented from Mrs. Fred A. Downer, Jr., 106 - 25th Street, in which attention is called to the unsightliness of the beach on the Ocean Front directly in front of 25th Street. On motion of Councilman Hart, seconded by Councilman Somers and carried, the letter was ordered received and filed; the City Manager to acknowledge same and inform Mrs. Downer of the steps that are being taken to correct the situation. On motion of Councilman Hart, seconded by Councilman Somers and carried, a letter from the State of California, Department of Public Works, stating that the quarterly allocation of gas tax funds to the City of Newport Beach for the period ending March 31, 1958, is $15,201.05, based on a population of 21,258, was ordered filed. The City Manager stated that the City's present population is estimated to be 22,809. M Continued public searing re Use Permit No. H. H. Ho root. Re Use Permit No. referred back to P anning Commission. R -4792 adopted, vacation of all between Catalina Drive and La _J­o1Ta Drive. Letter from Horace Ensign T Parent - eac er Association. Letter from C am ers o Commerce. Letter from Mrs. Downer re eac . Re allocation of gas tax un s. The following letters protesting the proposed removal of the Re removal of City ' City -owned float at 10th and Bay, were presented from: Mrs. John owned moat ag i; P. Morris, Henry Wagner, Jr., Mr. and Mrs. Glenn White, Lucile and and Bay. Lewis Dunmire, Bruce B. Howey, Mrs. Robert S. Gardner, Ida E. Dunn. The subject letters requested that the float be left at this location for the benefit of the children in the area. IN Re float at north extension A letter was also presented from Mary L. Bosworth, Gordon Bosworth of u y Avenue on Balboa and Ellis Bosworth, property owners on the corner of Ruby and North Bay Island. Front, favoring the removal of the City - owned. float at the north extension of Ruby Avenue on Balboa island. Further discussion re . Mr. Harold Glass spoke from the audience! on behalf of the Central oats. Newport Beach Community Association, and recommended that the floats be removed during the winter months but kept in operation during the summer months while a Lifeguard is on duty: Mr. Lee Bolin spoke from the audience and stated that he did not feel that the matter had been given sufficient publicity and he recommended that no action be taken until a later date. The City Manager stated that the Council could consider having the float at the 10th Street beach remain in operation during the season that the beach is regularly attended by a Lifeguard, which would be from June 15 until September 10, but that for the balance of the year, it would be preferable not to have the float in operation from the standpoint of its being an attractive nuisance. Councilman Somers stated that it should be explained that the proposal to remove the floats was due to the feeling that they were a liability to the . City and it was thought it would be for the best interest of the residents of the City to have them removed. Councilman Higbie stated he had received no comments from residents= -on Balboa Island. On motion of Councilman Somers, seconded by Councilman Higbie and carried, action . on the removal of the City -owned swimming floats at the 10th Street beach and at the north extension of Ruby Avenue on Balboa Island, was held in abeyance until the regular meeting of the Council on May 26, 1958. Councilman Somers requested that the Press give more publicity to the reasons for the City s considering the removal of the subject floats. Letter re Easter Week. The following letter was presented from Charles A. Westphal, Edwin Draper and John.Wehrt: "We wish to take this opportunity to commend the Newport Beach Police Department on the very efficient way in which it handled the double Easter - week crowds. We feel that there was less inconvenience this year to our visitors as well as the local population than there has been in the last several years. "Would you kindly have this commendation placed on the records and also presented to the Police Department, with our sincere thanks to each individual officer for courteous service rendered." Letter filed. On motion of Councilman Higbie, seconded by Councilman Somers and carried, the City Manager was instructed to write Mr. Westphal, Mr. Draper and Mr. Wehrt, thanking them for their letter and the communication was ordered filed. Re "Drainage Study Costa A certified copy of a Minute Order adopted by the Board of Mesa. Supervisors of Orange County, on April 29, 1958, was presented, in which it was stated that the report of the Flood Control Engineer, dated April 29, 1958, regarding "Drainage Study Costa Mesa" as requested by the City of Costa Mesa had been received and ordered filed. On motion of Councilman Somers, seconded by Councilman Atkinson and carried, the subject Minute Order was referred to the City Manager and the report of the Flood Control Engineer was ordered filed. The City Manager stated that if the report contained information of interest to the,City of Newport Beach, the Council would be so advised. Alcoholic Beverage The copy of the Application for Transfer of Alcoholic Beverage_ , License - R. B. Brose and License of Robert V. Brose and William H. Jones, person to person Jones. transfer of on -sale beer, 101 - 15th Street, Newport Beach, was presented. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the subject communication was ordered filed. Letter from Mrs. Lavina A letter was presented from Mrs. Lavina Hunt Williamsen which Hunt WilTiamsen. expressed appreciation to the Council and the City of Newport Beach for the Beach Safety Program, the use of the lifeguard rescue boat, the flag warning system, and requested that the Santa Ana River jetty be posted with three large signs. Mrs. Williamsen's letter further stated that she would be happy to christen the new lifeguard rescue boat and suggested naming it "The Raymond D. Hunt." On motion of Councilman Hart, seconded by Councilman Higbie and.carried, the letter from Mrs. Williamsen was ordered filed. Notice from Secretary of A notice was presented from the Secretary of State to the effect that State re Charter Amen ments.the Charter Amendments No. 2, No. 3 and No. 4, which had been approved by the voters at the election held on April 8, 1958, were approved by the Legislature on April 23, 1958. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the communication was ordered filed. Mayor Stoddard explained the Charter Amendmects for the benefit of those in the audience. Re boundaries of Underwood The Minutes of the Boundary Commission of Orange County to the effect Annexation (City of osta that the boundaries of the proposed Underwood Annexation to the City of le:s:a= Costa Mesa are reasonably definite and certain, were presented. On motion of Councilman Hart, seconded by Councilman Somers and carried, the ' communication was received as a matter of information and ordered filed. A letter signed by Lilian K. Daniell, Secretary, Friends of the Library of Newport Beach, was presented. The Board of Directors and members of the Friends of the Library of Newport Beach wished to go on record as approving the prospective rental of the premises at 3645 East Coast Highway, Corona del Mar, for use as a library pending the construction of an adequate building for the community. The subject letter further stated that the location would provide a safe building, adequate parking facilities, and would be available to the greater number of citizens in the community and that a library in the business area would be welcomed by businessmen. On motion of Councilman Somers, seconded by Councilman Atkinson and carried, it was directed that a copy of the letter from the Friends of the Library of Newport Beach be referred to the Library Board; the matter to be taken up on June 2, 1958, at the scheduled joint meeting of the City Council and the Library Board. On motion of Councilman Somers, seconded by Councilman Higbie and carried, the following applications for permits, as recommended for approval by the Joint Harbor Committee, were approved: 1. Lyle Harbour, to construct a pleasure pier and slips bayward of Lot 878, Tract No. 907, being 105 Via Lido Soud, subject to the approval of the U. S. Corps of Engineers. 2. Robert Seiling, -to construct a pleasure pier and slip bayward of Lot 6, Subdivision of Block C, being 211 Edgewater Avenue, Balboa. 3. L. R. Taylor and R. C. Dinkins, to construct a joint pleasure pier and floats bayward of 201 - 205 East Bay Front, being Lots 13 and 14, Block 5, Section 5, Balboa Island, subject to no ' interference with the shore mooring to the north, and subject to the approval of the U. S. Corps of Engineers. 4. Shirley Willits, to construct a pier and slip bayward of 2209 Bayside Drive, being a portion of Block D, Corona del Mar, subject to a Harbor District permit. 5. Don Southworth, Orange County Sanitation District Engineer, to dredge, excavate, install and backfill a 16" cast iron ball joint pipe, located across the 125' channel reservation at Newport Avenue, 7' easterly of the west right -of -way. 6. Daniel Mandell, John Negus and Adelaide Corbin, to install two groins bayward of Lots 1, 2 and 3, Block 19, Eastside Addition, and Lots 1, 2 and 3, Block L, Bay Front Section, located at 1200, 1202 and 1204 East Balboa Boulevard, Balboa. 7. The application of Gordon S. Critchett, to construct a ramp and float bayward of Lot 3, and one -half of Lot 2, Block 236, Canal Section, was recommended for approval by the Joint Harbor Committee, on March 4, 1958. The permit was granted subject to the ' construction of a house on the property. The hots a is now under construction, and it is hereby recommended that the City Council approve said application, subject to the approval of the U. S. Corps of Engineers. Councilman Hart stated that he had received, and delivered to the Clerk, a letter from Mrs. Bette Lee, together with a copy of a letter and a petition containing 271 signatures, which had been sent to Mr. Bruce W. Sumner, California State Assemblyman for the Newport Beach area. The communications requested that a traffic light be installed at the corner of Coast Highway and Orange Avenue. The City Manager stated that it would be his suggestion that the State be requested to make a traffic study and advise the City of its findings; that if it was determined that a signal at this location would be justified, the City would be responsible for about one -half the cost of the installation since, in this instance, a City street is crossing the State Highway. On motion of Councilman Hart, seconded by Councilman Somers and carried, it was directed that a letter be written to the State Highway Department with the request that a traffic survey be conducted to determine the necessity and feasibility of the installation of a traffic signal at Orange Avenue and Highway 101; a copy of the findings to be furnished to the City. Mayor Stoddard stated that the problem of on- street and off - street parking throughout the City had been discussed at great length by members of the Council, interested businessmen and residents. He stated that in an attempt to clarify the thinking, and in order to establish a City ' policy on the matter, the Council had prepared a draft of a proposed resolution for distribution to members of the Press, all interested businessmen and residents; that the Council would like to have comments, in writing, if possible, as to amendments, suggestions or endorsements. M Letter from Friend - of _ the L ry r- e rental of property or Corona del Mar biorary. Pier permits. Lyle Harbour. Robert Seiling. L. R. Taylor and R. C. Din i�c nn Shirley Willits. Don Southworth, Orange County Sanitat oa n Distric Engineer. - - D. Mandell, J. Ne us an A. Corbin. n G. S. Critchett. Re traffic light at (oast _bg_wa- and orange v61 anus. Discussion re on- street ana o - street parking. U1 Mayor Stoddard stated that at the Council meeting to be held on May 26, 1958, a public hearing would be held on -the parking situation. A draft copy of'the proposed resolution was distributed to all those interested, in which the findings and objectives of the Council relating to on- street and off - street parking throughout the City are set forth. LICENSES Licenses. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the following Applications for License were approved: Clyde Denlinger, 1. Application for Transfer of Business License F pool table. No. 1101, of Clyde Denlinger, Beach Amusement, for one miniature pool table located at the Stag Cafe, 211 McFadden Place, to be transferred to Hilltop Inn, 471 North Newport Boulevard. Helen's Coffee Shop. 2. Application for License of Talmage H. Bowles and Helen R. Bowles, 507 Balboa Boulevard, Balboa, for Helen's Coffee Shop, 701 East Edgewater, Balboa, to add on -sale beer and wine to existing restaurant license. Sea Shanty restaurant. On motion of Councilman Hart, seconded by Councilman Somers and carried, the Application for License of Richard M. Lease, Jr., 603 East 31st Street, Newport Beach, Sea Shanty restaurant, 603 East 31st Street, now licensed for on -sale beer, to add on -sale general, was approved. Checker Cab Company. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the Application for License of Raymond V. Charette, 1920 Federal, Costa Mesa, for Checker Cab Company, 3201k West Coast Highway, for taxi service, was approved. Exempt License of Blind The Application for Exempt License of Blind Industries Sales, In vies Sales, Inc. Inc., 501 South Broadway, Santa Ana, for the retail sales of products of blind workshop consisting of telephone solicitation of orders by contract solicitors working on a commission basis and not regular employees of the company, was presented. The deliveries are made by individuals also on a commission basis, using their own transportation. Mr. G. A. Kraum, Acting Sales Manager, Blind Industries Sales, Inc., had "agreed to obtain a wheel tax delivery license. A discussion ensued as to the basis for qualification of Blind Industries Sales, Inc., as a non - profit organization. The City Attorney stated that from the information furnished him by the organization; it was his opinion that the organization, as such, would qualify; however, the solicitors and the individuals making the deliveries would not. On motion of Councilman Somers, seconded by Councilman Kingsley and.carried, the Application for Exempt License of Blind Industries Sales, Inc., was referred back to the City Attorney for discussion with Councilman Somers. Licenses. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the following Applications for License were approved: Exempt License - Orange 1. Application for Exempt License of Dr. D. S. Co ty Associationfor Stylianou, President, Orange County Association Retar ed—C i r1T'T�en for Retarded Children, Santa Ana, to conduct a fund raising appeal offering fresh nosegays for donation on June 6, 1958; approximately 100 block workers. Exempt License - Orange 2. Application for Exempt License of Mrs. Sally W. Count Association Mental Riggs, President, Orange County Association for Hea t Mental Health, for a fund campaign of about 100 block workers, all residents of the City of Newport Beach, to solicit funds on May 15, 1958. ADDITIONAL BUSINESS Re bid opening fo_r� eneraal In regard to the general filling and grading of the park site near filling and g�ra ing- o� park Dover Drive and Irvine Avenue, a letter was presented from the Clerk site near Dover Drives stating that bids for the subject project were publicly opened in her Irvine Avenue. office at 10:00 A.M. on May 9, 1958, and that the low bid was submitted by The Sturtevant Corporation, in the amount of $0.50 per cubic yard; a total of four bids having been received. On motion of Councilman Hart, seconded by Councilman Somers and carried, the report from the City Clerk was ordered received and filed. Report from City Manager A report, numbered 57- 58 -32, to the City Council from the City an IN orcls Director Manager and the Public Works Director containing the recommendation that re parR site contract. a contract for the filling of the park site at Dover Drive and Irvine Avenue be awarded to The Sturtevant Corporation, the low bidder, at $0.50 per cubic yard, was presented. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the report of the City. Manager and the Public Works Director was ordered received and filed. R -4793 adopted, awarding Resolution No. 4793, being a resolution authorizing the Mayor and contract to T e Sturtevant City Clerk to execute a contract for the filling and grading of the park Corporation. site near Dover Drive and Irvine Avenue to The Sturtevant Corporation, in the amount of $0.50 per cubic yard, was presented. It was brought out in the meeting that the maximum volume of fill would not exceed 18,000 yards. On motion of Councilman Hart, seconded by Councilman Atkinson, Resolution No. 4793, awarding the subject contract to the low bidder, The Sturtevant Corporation, in the amount of $0.50 per cubic yard, was adopted by the following roll call vote, to wit: i 111 AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Somers, seconded by Councilman Atkinson and Re return of rherk: carried, authorization was given to return any checks received from the to unsuccess u- ' unsuccessful bidders upon the execution of the contract by the successful i ers. bidder, The Sturtevant Corporation, for the filling and grading of the park site near Dover Drive and Irvine Avenue. On motion of Councilman Hart, seconded by Councilman Somers and Bud et Amendment carried, Budget Amendment No. 169, in the amount of $9,000, from Park No. and Recreation Funds, Unappropriated Surplus; funds for the general filling and grading of the park site near Dover Drive and Irvine Avenue, was approved. J A letter was presented from the City Clerk stating that at 10:00 A.M. on May 12, 1958, bids for the construction of a water line in 17th Street from Dover Drive to Irvine Avenue wre publicly opened in her office; a total of two bids were received, and the low bid was submitted by James I. Gallacher, in the amount of $13,887. On motion of Councilman Hart, seconded by Councilman Somers and carried, the report from the City Clerk was ordered received and filed. A report from the City Manager and the Public Works Director, No. 57- 58 -36, was presented. The subject report recommended that the bid of James I. Gallacher for the construction of the water distribution facilities in 17th Street, between Dover Drive and Irvine Avenue, be accepted, being the low bid in the amount of $13,887. On motion of Councilman Somers, seconded by Councilman Hart and carried, the report of the City Manager and.the Public Works Director was ordered received and filed. Resolution No. 4794, was presented, being a resolution authorizing the Mayor and City Clerk to execute a contract for the construction of a water line in 17th Street from Dover Drive to Irvine Avenue, to James I. Gallacher, in the amount of $13,887. On motion of Councilman Somers, seconded by Councilman Atkinson, Resolution No. 4794, awarding the subject contract to the low bidder, James I. Gallacher, in the amount of .$13,887, 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 On motion of Councilman Somers, seconded by Councilman Higbie and carried, authorization was given for the return of any checks received from unsuccessful bidders upon the execution of the contract by the successful bidder, James I. Gallacher, for the construction of a water line in 17th Street from Dover Drive to Irvine Avenue. Re bid opening for construction ova- water me in t Street. Report from Manager an Pu City is Works Director. R -4794 adopted, aw =ar I contract to James Gal- alacher.- Re return of cherk to unsuccess u bidders. On motion of Councilman Hart, seconded by Councilman Lorenz and Bud et Amendment carried, Budget Amendment No. 170, in the amount of $14,500, from No. Water Fund, Unappropriated Surplus; funds for the construction of a water line in 17th Street from Dover Drive to Irvine Avenue, was approved. Mayor Stoddard declared a five minute recess at this time. Recess. In connection with the proposed resurfacing of Holmwood Drive and certain other streets, a letter was presented from the City Clerk stating that bids for the subject project were opened in her office at 10:00 A.M. on May 12, 1958; two bids had been received; and that the low bid was submitted by Sully- Miller Contracting Company, in the amount of $8,713.50. On motion of Councilman Somers, seconded by Councilman Hart and carried, the report of the City Clerk was ordered received and filed. A report, numbered 57- 58 -34, from the City Manager and the Public Works Director was presented, recommending that a contract for the resurfacing of Holmwood Drive and certain other streets be awarded to Sully - Miller Contracting Company, the low bidder, in the amount of $8,713.50. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the report from the City Manager and the Public Works Director was ordered received and filed. Resolution No. 4795, being a resolution authorizing the Mayor and City Clerk to execute a contract for the resurfacing of Holmwood Drive and certain other streets to Sully - Miller Contracting Company, in the amount of $8,713.50, was presented. On motion of Councilman Somers, seconded by Councilman Higbie, Resolution No. 4795, awarding the subject contract to the low bidder, the Sully- Miller Contracting Company, in the amount of $8,713.50, 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 Re bid opening for resurfacing Hoimwood Drive and certain offer streets. Report from City Manag— er�an Pub i_c Worms Director. R -4795 adopted, awarding contract to Suii -il:er - Contracting Company. OO Re return of checks to On motion of Councilman Hart, seconded by Councilman Kingsley unsuccesstul bidders.. and carried, authorization was given to return any checks received from the unsuccessful bidders upon the execution of the contract by the successful bidder, the Sully - Miller Contracting Company, for the resurfacing of Holmwood Drive and certain other streets. Provision in budget. The City Manager and the Public Works Director commented that the necessary money for the completion of this project had been provided for in the budget. Report re reduction of In connection with the agreement between The Bradley Company and 0 amount r1p a re the City of Newport Beach for the construction of certain improvements improvements in Tract No. in Tract No. 1893, a report, numbered 57- 58 -35, from the City Manager and the Public Works Director, was presented. The subject report stated that the agreement approved by the adoption of Resolution No. 4785 on May 6, 1958, between the City and The Bradley Company, provided for a cash deposit to cover certain work already included in the bond requirement for Tract No. 1893 of $61,000, and, therefore, it was appropriate to reduce the bond amount to a new figure of $49,500. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the report of the City Manager and the Public Works Director was ordered filed. R -4796 adopted, re gosting Resolution No. 4796, being a resolution authorizing the reduction o F_ Onnd- The Bradley of a bond submitted by The Bradley Company, in the amount of $61,000 to Company, inert a amount of guarantee the construction of the improvements and the reimbursement to re im rovements the City of inspection charges in Tract No. 1893, was presented. On in Tract No. motion of Councilman Somers, seconded by Councilman Hart, Resolution No. 4796, approving the posting of a bond by The Bra dley Company, in the amount of $49,500 to guarantee the improvements in Tract No. 1893, and authorizing the execution of the agreement by the Mayor and City Clerk, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard I NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R -4797 adopted, adopting The Public Works Director stated that The Irvine Company had deeded mad re vacation�Bayside an alternate right of way known as Bayside Drive between the State Highway Drive. and the Harry Welch Memorial Park, and had requested the abandonment of the former right of way. Resolution No. 4797, being a resolution adopting a map showing a portion of a certain street known as Bayside Drive which is proposed to be vacated, closed up and abandoned, was, on motion of Councilman Somers, seconded by Councilman Atkinson, 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 -4798 adopted, re Resolution No. 4798, being a Resolution of Intention of the City intention to vacate ortion Council of the City of Newport Beach declaring its intention to order the o Ba si a Drive; earin closing up, vacation and abandonment of a portion of ,a certain street June 9, known as Bayside Drive, and setting a hearing on June 9, 1958, for all persons interested in or objecting to the proposed vacation; was adopted on motion of Councilman Somers, seconded by Councilman Kingsley, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard ' NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Letter from Pacific Electric A letter from the Pacific Electric Railway Company, dated April 22, Railway Com any re ri t ot 1958, setting out the conditions under which the Pacific Electric Railway entry kmceacgiden Place). Company gives the City the right of entry to their property in the vicinity of Newport Boulevard and Balboa Boulevard, pending-'its acquisition by the City under.threat of condemnation, was presented. Mayor Stoddard pointed out that the City had inadvertently failed to specifically approve the conditions of the letter at the time it was first presented and the City should do so. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the terms and conditions set forth in the letter were approved. The City Clerk was instructed to make an excerpt from the minutes and certify it for transmission to the Pacific Electric Railway Company. Bid authorization re 17th On motion of Councilman Hart, .seconded by Councilman Somers and Street aving and carried, authorization was granted for the City Clerk to advertise for bids c anne ization structures. for paving and channelization structures, 17th Street between Dover Drive and Irvine Avenue; bids to be opened in the office of the City Clerk at 10:00 A.M. on June 5, 1958. R -4799 adopted, re sale of Resolution No. 4799, being a resolution authorizing the Mayor and City water to Newport eac Clerk to execute a contract for the sale of water outside the City to the School District tor one Newport Beach School District for the term of one year from July 1, 1958, year from July was presented. On motion of Councilman Lorenz, seconded by Councilman Hart, Resolution No. 4799, authorizing the execution of the contract for the sale ' of water to the Newport Beach School District, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard None None The City Attorney stated that.in order to have the contract for the R -4800 adopted, re sale of certain water to the Newport Beach School District on a fiscal water contract year basis, it would be in order to approve a supplemental agreement to wit ewport each extend the terms of the present contract with the Newport Beach School Sc oo District. District from June 19, 1958, to June 30, 1958. On motion of Councilman Somers, seconded by Councilman Atkinson, Resolution No. 4800, authorizing the Mayor and City Clerk to execute a supplemental agreement extending ' the present water contract with the Newport Beach School District as set forth 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 The report of the City Manager and the Public Works Director, Re ort�re street numbered 57- 58 -33, regarding the installation of street lighting, McFadden 1?g t� ing, Mc-FaWen Place channelization, was presented. Said report states that in order -Place to provide proper safety lighting for the McFadden Place channelization, iiannelization. it would be necessary that seven street lights be installed and that the total value of labor and materials involved would be in excess of the $3,000 limitation on force account work 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 purchased on the open market. On motion of Councilman Somers, seconded by Councilman Hart and carried, the report of the City Manager and the Public Works Director was accepted. The Public Works Director stated that it was estimated that the materials involved would cost.$3500, with the labor estimated at $1,500. On motion of Councilman Hart, seconded by Councilman.Lorenz, R -4801 adopted Resolution No. 4801, being a resolution authorizing the installation of ansta at!Hi o street lighting facilities at the McFadden Place channelization by City McFadden Place ' employees, and determining that said installation may be performed more street lighting by economically by the City with its own employees, was adopted by the force account. following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Some-s, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 846, being Ordinance No. 846. AN ORDINANCE OF THE CITY OF.NEWPORT BEACH REPEALING One- Wa Streets SECTION 3250.1, RE- ENACTING SECTION 3250.1, AND ADDING and aleys. SECTIONS 3250.2, 3250.3, 3250.4, 3250.5, AND 3250.6 TO ARTICLE III OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ONE -WAY STREETS AND ALLEYS, was presented. On motion of Councilman Hart, seconded by Councilman Ordinance No. 846 Kingsley and carried, the first reading of Ordinance No. 846 was 2assed to second waived. The City Attorney stated that the ordinance as presented will reading. set up new Sections of the Municipal Code listing all the one -way streets and alleys in the various areas of the City in separate Sections. Additional one -way streets can be designated in any area of the City by amending the Section of the Code listing the one -way streets and alleys of that area alone. On motion of Councilman Hart, seconded by Councilman Somers, Ordinance No. 846 was passed to second ' reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 847, being Ordinance No. 847. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING Business Licenses. SECTIONS 6104.4, 6110.3, 6200, 6202.4 AND 6202.7 OF ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES, was presented. On motion of Councilman Somers, seconded by Councilman Ordinance No. 846 Kingsley and carried, the first reading of Ordinance No. 847 was waived. masse to secon Mr. Sam Downing spoke from the audience, stating that he was interested reading. in the provisions governing the licensing of rental units. Councilman Hart advised Mr. Downing that he would be notified of the next meeting scheduled by the Council License Committee. On motion of Councilman Hart, seconded by Councilman Kingsley, Ordinance No. 847 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ' A report, numbered 57- 58 -31, directed to the City Council from Report from City the City Manager, was presented regarding a proposed ordinance and Manager re resolution for the establishment and administration of revised pay erson� and classification plans and uniform personnel policies. The subject po TIC ies. 552 report stated that the existing Section 2200 of the Municipal Code, adopted on July 1, 1955, is vague or ambiguous and leaves a number. of important personnel policy questions unanswered, making consistent and equitable application of the ordinance difficult to administer; that the proposed ordinance would provide greater flexibility in revising the personnel program as the needs of the City require. The report further stated that the proposed resolution would be a substantial step forward in the improvement of employment conditions in the City service. Letter from Cit A letter from Calvin C. Stewart, President,.Newport Beach City Em oyees ssociation. p Employees' Association, was presented stating that the proposed personnel ordinance and resolution were reviewed with the City employees and that the Board of Directors of the Newport Beach City Employees' Association had authorized their endorsement of the proposal. Letters ordered filed. On motion of Councilman Somers, seconded by Councilman Lorenz and carried, the report of the City Manager and the letter from the Newport Beach City Employees' Association were ordered filed. Ordinance No. 848. Ordinance No. 848, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 2200 OF THE NEWPORT BEACH MUNICIPAL CODE AND ENACTING A NEW SECTION 2200 RELATING TO CLASSIFICATION AND COMPENSATION PLANS AND UNIFORM PERSONNEL POLICIES FOR CITY EMPLOYEES, First reading waived. was presented. On motion of Councilman Somers, seconded by Councilman Kingsley and carried, the first reading of Ordinance No. 848 was waived. Statements of Mr. Healy. Mr. Edward T. Healy spoke from the audience inquiring whether or not present employees would be affected by the change. The City Manager stated that this was not the intent; that the standards-for employement would remain basically the same as at present. Ordinance No. 848 passed On motion of Councilman Somers, seconded by Councilman Hart, to second reading. Ordinance No. 848 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Re se aration of offices The City Manager presented his report, numbered 57- 58 -30, directed or City Clerk and to the City Council, regarding the change in organization for Treasury. Treasurer. and Finance Department functions.-The subject report stated that at its meeting held April 21, 1958, the City Council had received a letter from Ira N. Frisbee & Co., the independent auditors for the City, recommending that the duties of the Treasurer and the Finance Director as to the receiving and depositing of all moneys be reassigned so that they will be performed in accordance with the provisions of the City Charter; also recommending that the City Council consider the appointment of a City Treasurer whose office would be located in the Finance Department where the duties specified in Section 604 of the City Charter could be performed. The City Manager's report further stated that the City Clerk - Treasurer, the Finance Director and the City Manager were in accord that this separation should be effective. On motion of Councilman Lorenz, seconded by Councilman Atkinson and carried, the recommendation of Ira N. Frisbee & Co., the independent auditors, in regard to the separation of duties of the City Clerk and Treasurer, and the report from the City Manager concurring in the recommendation, were accpeted and approved. RRee job_ specifications A further discussion ensued. On motion of Councilman Hart, seconded or City Treasurer. by Councilman Lorenz and carried, the City Manager was instructed to prepare the job specifications outlining the duties for the proposed postion of the City Treasurer to be submitted to the Council for approval. Mayor Stoddard stated that the job specifications would be available in the office of the Mayor in a few days and the Council would then invite those interested to make application for the position. The City Manager stated that it should be pointed out that.the above action had not at this.time separated the duties of the City Clerk - Treasurer, but that approval had been given for the proposed separation. Re beautification project At its regular meeting held April 28, 1958, the Council established. o West Ba Avenue eac that it was the intent of the City Council to contribute one -half of the between 9th and iUth cost for materials required for the beautification of the West Bay Avenue Streets. Beach; between 9th and 10th Streets. The total cost of the materials for the plan was estimated.at $556, the labor to be done by City crews, and it was anticipated that the interested property owners would contribute to the total cost. Mr. Harold Glass spoke from the audience on behalf of the Central Newport Beach Community Association, stating that there seemed to be little interest on the part of the property owners to contribute to the beautification project. Due to the lack of interest in the proposed plan, Councilman Somers made a motion, which was seconded by Councilman Lorenz and carried, that the matter be tabled until such time as there is more interest evidenced on the.part of the interested property owners. Re parking between 30th In connection with the petition presented to the City Council at its and 23ci Street. meeting held April 28, 1958, protesting the parking signs on the south- westerly side of Newport Boulevard, between 30th Street and 23d Street, the City Manager reported that an investigation of the problem had been made and it was determined that the basis for complaint had been that the signs seemed to mislead motorists. The City Manager stated that the matter had been studied by the Traffic Committee and three of the business people in the area. An agreement had been reached, satisfactory to all concerned, that the signs would be covered during the week and signs had been posted at the old City Water Yard making that area available for public parking purposes. Councilman Hart stated that the businessmen in the area were appreciative of the assistance given and conclusions reached. WHEREAS, the Metropolitan Transportation Engineering Board The City Manager stated that in connection with the proposed form April 28, 1958, from resolution referred to him by the City Council on Metropolitan Transportation Engineering Board, approving the plan of freeways and expressways for Los Angeles and vicinity, it was his recommendation, as well as that of the Public Works Director, that the proposed resolution be adopted to lend moral.support to the plan. On motion of Councilman Kingsley, seconded by Councilman Hart and carried, the following Minute Resolution was adopted: WHEREAS, the California Legislature on January 25, 1957, adopted SCR #26 which requested the State Department of Public Works to undertake a study which will provide basis for an over -all state -wide plan of freeways and expressways for the State of California; and WHEREAS, such study was not limited to state highways, but located potential freeway and expressway routes and the necessary connections thereto as nearly as practicable in ,. advance of detailed engineering design of projects; and WHEREAS, agencies of state government and cities and counties were requested to cooperate with the State Department of Public Works in the conduct of said study; and WHEREAS, the METROPOLITAN TRANSPORTATION ENGINEERING BOARD, a voluntary organization of managers, administrators, engineers and planners of the 61 cities in Los Angeles County and road commissioners of Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties, has undertaken the task of developing a plan of freeways and expressways for Los Angeles County including connecting routes in Los Angeles County and into adjacent counties; and WHEREAS, the Metropolitan Transportation Engineering Board WHEREAS, it is desirable, and essential, that the Board of Supervisors, City Councils, Planning Commission, other official agencies and civic organizations review the plan of freeways and expressways for Los Angeles County and vicinity as developed by the Metropolitan Transportation Engineering Board and recommend its adoption by the State Department of Public Works, and approval by the California Legislature at the 1959 Session, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby approves the PLAN OF ' FREEWAYS AND EXPRESSWAYS FOR LOS ANGELES COUNTY AND - VICINITY as adopted by the Metropolitan Transportation Engineering Board for submission to the State Department of Public Works and recommends its adoption for inclusion in the State -wide Plan pursuant to SENATE CONCURRENT RESOLUTION NO. 26 and its approval by the California Legislature at its 1959 Session. Minute Resolution the re freeways an expressways. after years of intensive work has completed the, study and has adopted a plan of freeways and expressways for Los Angeles County and vicinity for submission to the State Department of Public Works pursuant to SCR #26; and WHEREAS, this plan does not purport to establish or determine.exact final locations of said freeways and expressways except where such locations have already been established under existing procedures; and WHEREAS, it is understood that such final locations of each individual unit will be determined at the time such unit is authorized for acquisition and construction under existing state laws and policies governing the location of freeways and expressways, which will assure each governmental agency a full and complete opportunity to participate in the determination of such locations as affect such agency; and ,. WHEREAS, this plan when accomplished will provide adequate transportation for Los Angeles County and vicinity for many years, and when consolidated with plans from all the various sections of the State to become a state -wide plan will lay the foundation, as nearly as such can now be determined by basic engineering studies without regard to present jurisdiction over the highways, roads and streets, for the ultimate freeway and expressway system covering the entire state; and WHEREAS, such information will be very helpful to public agencies, agriculture and industry, local communities and the people of California generally; and WHEREAS, it is desirable, and essential, that the Board of Supervisors, City Councils, Planning Commission, other official agencies and civic organizations review the plan of freeways and expressways for Los Angeles County and vicinity as developed by the Metropolitan Transportation Engineering Board and recommend its adoption by the State Department of Public Works, and approval by the California Legislature at the 1959 Session, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby approves the PLAN OF ' FREEWAYS AND EXPRESSWAYS FOR LOS ANGELES COUNTY AND - VICINITY as adopted by the Metropolitan Transportation Engineering Board for submission to the State Department of Public Works and recommends its adoption for inclusion in the State -wide Plan pursuant to SENATE CONCURRENT RESOLUTION NO. 26 and its approval by the California Legislature at its 1959 Session. Minute Resolution the re freeways an expressways. 5-5 Re claim of Mrs. A letter from Mrs. Giovanna C. S. Mardesich, dated May 6, 1958, Giovanna C. S. Mardesich. addressed to the City Attorney, was presented, claiming injuries resulting from a fall on City property. A previous. letter from Mrs. Mardesich had been referred to the City Attorney for reply by the Council on April 28 1958. It was the opinion of the City Attorney that Mrs. Mardesichis letter of May 6 should be handled as a claim and forwarded to the insurance carrier, which was done by the Clerk on May 7. On motion of Councilman Somers,.seconded by Councilman Hart and carried, the claim was denied and the Clerk's action in referring the matter to the insurance carrier on May 7, 1958, was confirmed. R -4802 ado ted declarin Resolution No. 4802, being a resolution declaring certain beach certain Mac roneta e_ frontage bordering on Newport Bay between 18th and 19th Streets to between t an - r9tFi- be public picnic grounds, was presented. On motion of Councilman to be seconded by Councilman Somers and carried, Resolution No. 4802, groun s. to be effective May 14, 1958, 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 Letter from CitX Attorne A letter was presented from the City Attorney regarding the Scrip re cri ication or Application for City -owned beach property, stating that the Bureau of City-owned beach property. Land Management had indicated that thirty days have elapsed since the applicant was notified of the rejection of his application and that no appeal had been filed. Therefore, the Bureau of Land Management had closed the case and apparently no further action would be necessary. On motion of Councilman Somers, seconded by Councilman Hart and carried, the communication from the City Attorney was ordered filed. R -4803 adopted, re orange Resolution No. 4803, being a_ resolution of the City Council of the County Flood ontro plans. City of Newport Beach approving the Flood Control plans and specifications conditioned upon the execution of a Hold Harmless Agreement, was presented A general discussion ensued. The City Attorney stated that the adoption of Resolution No. 4803 would be in order to approve the said plans and specifications as submitted on condition that the Orange County Flood Control District execute a Hold Harmless agreement agreeing to hold the City harmless from all claims, demands, actions or judgments against the City of Newport Beach as a result of the proposed facilities being built. On motion of Councilman Kingsley, seconded by Councilman Lorenz, Resolution No. 4803 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 Meeting adjourned. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, the meeting was adjourned. ATTEST: M S C%Lerkl May 26, 1958 Regular session. The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. Roll call. The roll was called, the following members being present: Councilmen Hart, Lorenz, Somers, Atkinson, Higbie, and Stoddard; Councilman Kingsley_, being absent. Approval of minutes. On motion of Councilman Hart, seconded by Councilman Lorenz and, carried, the reading of the minutes of May 6, 1958, and May 12, 1958, was waived, and the minutes were approved as written and ordered filed. Hearing re proposed Mayor Stoddard announced that this was the time and place for a resolution re a ing to hearing on the proposed resolution establishing policies relating to par%i g. on- street and off - street parking throughout the City. In this connection, Mayor Stoddard requested that communications received pertaining to the subject be read. Letter from Newport A letter was read from Al Forgit, President, Newport Businessmens' BusinessmensT— Association, which stated that the members of the Association endorsed Association. the proposed policy of the City Council with the following two recommendations: