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HomeMy WebLinkAbout05/26/1958 - Regular Meeting554 Re claim of M-rs. A letter from Mrs. Giovanna C. S. Mardesich, dated May 6, 1958, Giovanna . 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 adopted, declaring Resolution No. 4802, being a resolution declaring certain beach certainbeeaci ront� frontage bordering on Newport Bay between 18th and 19th Streets to between 18tR and 19th be public picnic grounds, was presented. On motion of Councilman to a �u is picnic Hart, seconded by Councilman Somers and carried, Resolution No. 4802, groan 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 City Attorne A letter was presented from the City Attorney regarding the Scrip re Scri A ication or Application for City -owned beach property, stating that the Bureau of 'City-ownea 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 ado ted re Oran a Resolution No. 4803, being a.resolution of the City Council of the County F oo Contro I p ans. 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: City C er� _ 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 pro�o -sed Mayor Stoddard announced that this was the time and place for a resolution ruing to hearing on the proposed resolution establishing policies relating to paring. 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' Businessmens° Association, which stated that the members of the Association endorsed Association. the proposed policy of the City Council with the following two recommendations: C� 1. That funds earned, collected or accumulated from parking meters be spent to create additional parking in the areas of origin insofar as possible. 2. That the City Council be urged to study the possibility of acquiring the Pacific Electric depot site between 23d ' and 26th Streets and between Newport and Balboa Boulevards, for widening of the two boulevards and the remainder to be used for off - street parking. A letter was also read from John S. and Judy E. Hunter, 130 - 47th Street, suggesting that meters be confined to business zones only; week day enforcement of 24- minute meters only; and that the current rates remain in effect. Mayor Stoddard opened the meeting for a discussion from the audience. Milo Lacy, Chairman of the Merchants' Committee, Newport Harbor Chamber of Commerce, spoke from the audience, stating that some prefacing remarks should be made to the effect that any area not contributing to the parking meter revenue should not be considered for expenditure of said revenue. Further, that in Item 1 under Section D, Parking Revenues, the words "signalization; street signs; traffic enforcement officers' salaries;" should be deleted from the resolution establishing policies relating to parking. X55 Letter from J. S an J. E. Hunter. Statements of i�tb o acy. Mayor Stoddard stated that the expenditure of business and recreational Statements of area parking revenues derived from on- street meters is restricted to the Mayor Stoddard. items listed in Item 1 under Section D. Councilman Somers stated that it was the thought that the Council should be able to use revenue obtained through recreational parking for such items as signalization, street signs, traffic enforcement officers' salaries, in order that the visitors using the recreation areas may in this way contribute to the costs involved in keeping the beaches cleaned, et cetera. Mr. Edward T. Healy spoke from the audience, representing the League of Civic Associations, and stated that the Association was on record as being against any parking meters in residential areas. Mayor Stoddard pointed out that the City will consider installing me zoning, providing such installations of residents, merchants and property would prefer to hear from individual toward meters in particular areas. the proposed resolution stated that ters in any area, regardless of are not in conflict with the interests owners. He stated that the Council civic associations as to attitudes Councilman Lorenz stated that it was not the intent of the Council to put meters in residential areas. Statements of Coun c i1mari - — Somers. Statements of E. T. Hea y. Mayor_ re meter znsta ate Re meters in residential area: Mr. Monte Grimes spoke from the audience, representing the Balboa Statements of Improvement Association, stating that that Association was in full accord FFonte Grimes. with the statements made by Mr. Lacy. He further stated that if a parking program was to be developed for the entire City of Newport Beach, the revenue should be used for off - street and on- street parking. A discussion ensued as to what would determine a business area and a recreational area in order that a distinction could be made between the two revenues. Mr. Grimes stated that the proposed deletion in the ' resolution should be made until such time as it is determined what the Council's thinking would be as to what area would be considered#K(T""""°"`` what would be recreational. Councilman Hart stated that, in his opinion, business parking would be short -term parking and on the public right of way; that recreational parking would be for longer periods of time and on land that is owned by the City. It was Councilman Hart's feeling that money generated from public land should be spent to benefit the entire city. Mayor Stoddard pointed out that it was the intent of the Council to form an Advisory Committee to consider the various problems involved in the parking situation, but that a Council policy on the subject was needed immediately. Discussion re usiness area an. recreational area. Re Committee and Council policy on parking. Mr. Harold Glass, representing the Central Newport Beach Community Statements of Association, spoke from the audience and stated that that Association had Harold Glass. accepted the proposed resolution in principle, but wanted to go on record as being unanimously opposed to the installation of parking meters in residential areas. Mayor Stoddard stated that under the existing Municipal Code, the Code would have to be modified to create recreational parking which would necessitate the adoption of an ordinance. Mr. Coy Watts spoke from the audience stating that further thought should be given to the matter of parking before a resolution was adopted Mayor Stoddard declared the hearing closed. Re amending the Co e. Statements of Coy Watts. Hearing closed. on motion of Councilman Lorenz, seconded by Councilman Hart, R� -48199 adog_ted, Resolution No. 4819, being a resolution of the City Council of the City of ar i�c n Ides Newport Beach establishing policies relating to on- street and off - street parking throughout the City, was adopted by the following roll call vote, to wit: 0 Re forming a Parkin . visory Committee. Members of Committee name . AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley Mayor Stoddard presented a memorandum to the City Council recommending that a Parking Advisory Committee be formed to consist of the following members: Councilman Hans Lorenz, Chairman Councilman Kenneth Kingsley, Vice Chairman Councilman Harvey Somers, Vice Chairman City Manager Robert Shelton, Secretary Mr. Edward Babson, member Mr. Harold Caldwell, member Mr. Mark Engelke, member Mr. Al Forgit, member Mr. Harold Glass, member Mr. G. W. Gurr, Jr., member Mr. Barry Loughlin, member Mr. 0. W. Richard, member Mr. Homer Smith, member. Committee appointed. It was stated that the Committee's assignment will be to make specific recommendations for the application of the City Council's parking Re ort from Public Works policies as outlined in Resolution No. 4819, by studying the existing and Director re propose_ additional parking needs of each area for business and recreational use; install ation rrcing recommending locations for additional parking; recommending methods of meters in the Via Lido financing necessary additional parking. On motion of Councilman Hart, area. seconded by Councilman Higbie and carried, the formation of the Parking Advisory Committee; the members thereof as listed above; and the aims as set out in Mayor Stoddard's memorandum, were approved. City Attorne to amend Councilman Lorenz stated that since the cost of maintenance of contract wit Darwin W. police and lifeguard protection at the Corona del Mar State Beach far Tate. exceeds the revenue obtained, he would move that the City Attorney be instructed to amend the contract with Darwin W. Tate to change the parking fee from 50(, to $1.00, effective July 1, 1958,.but that the yearly rate remain at the present rate-of $7.50. Mayor Stoddard seconded the motion, Statements of Councilman which carried unanimously. Mayor Stoddard. stated that.Mr. Tate was in Hart. accord with the proposed change. The City Attorney stated that the amendment to the contract would be prepared and presented to the Council with the necessary resolution for adoption. Re installation of meters. The City Manager stated.that the Public Works Director had been requested to investigate the requirements for meters to complete the metering of 23d and Ocean Front. Pursuant to the request of businessmen in the Newport area, the City Manager stated that it was the recommendation that new meters be installed as follows: 23d Street between Balboa and Ocean Front, installation of 16 meters; Ocean Front between 22d and 24th Street, installation of 21 meters. The City Manager further stated that the City had the necessary mechanisms on hand to install the 37 meters. Letter from Al Forgit A letter was presented from Al Forgit, representing property owners re meters. between 22d and 24th Streets on Ocean Front and from Ocean Front to Balboa Boulevard, on the west side of 23d Street, requesting that parking meters be installed immediately for the summer influx of cars. Installation of meters On motion of Councilman Hart, seconded by Councilman Atkinson and approved. carried, the recommendation for the installation of the meters as set out above was approved and the City Manager was instructed to proceed with the installation. L Statements of Mr. Forgit. Mr. Forgit spoke from the audience substantiating the request contained in his letter. Re ort from Public Works The City Manager read a report on the proposed installation of parking Director re propose_ meters in the Via Lido area, which had been prepared by the Public Works install ation rrcing Director. The report set out that the total number of potential metered meters in the Via Lido parking places is 347, including 46 in the City Hall lot, and included a area. map showing the results of the survey and the extent of the area covered. The cost of the installation would run approximately $20,955, based on 335 meters and the use of double- headed meters in the City Hall lot and at the angle parking on Via Lido. In all other places, single- headed meters are recommended. The subject report also pointed out that when this area is metered, it will undoubtedly be necessary to take special measures to protect the employee parking lots for City Hall use which may be accomplished by means of stickers or the use of automatic card - controlled gates at the entrance to the lots. Statements of Councilman Councilman Hart stated that the City Manager should instruct the Public Hart. Works Director to prepare sufficient copies of the map in order that it ' might be made available to all the interested people in the area, as well as the report regarding the proposed installation of parking meters in the Via Lido area. Mayor Stoddard commented that the proper step to take at this time would be to authorize the City Engineer to draw up specifications for the purchase of parking meters for the Lido area. A letter was presented from F Association, requesting the use of for a parking lot to be controlled by the Council. E. Button, President, Lido Shops the sand area behind the City Hall parking at a fee to be determined On motion of Councilman Somers, seconded by Councilman Hart and carried, the City Manager was instructed to prepare plans for the proposed installation of parking meters in the Via Lido area with the collaboration of the representatives of the Lid Shops Association; the final map to be submitted for Council approval at the next regular meeting. Mr. Herman R. Tate spoke from the audience requesting that a taxi zone be made available in the area. The City Manager requested that Mr. Tate confer with him in this regard at a later time. The City Manager stated that the Public Works Director had drafted a proposed layout plan for parking in the rear of the City Hall, taking into consideration the needs for employee parking for City employees and other City Hall customers; the balance of spaces available to be on a bid basis to private operator or operators. The City Manager stated that the area in back of the Police wing could be further enlarged into the undeveloped patio area if additional spaces were needed. Councilman Hart stated that the proposed layout plan should be made available to all persons interested in the Lido shopping area and that those who have indicated their interest in acquiring this area for parking should be notified that there is a tentative plan available for their study. Mayor Stoddard queried Councilman Hart if it would not be the intent of the Council to offer the area to the highest bidder, reserving the right to reject any and all bids. Councilman Hart stated that was his thought. Councilman Lorenz stated that the area should be developed to City design. Mayor Stoddard stated a protection clause should be inserted in the lease to protect the operator or operators in the event the City had to take over any or part of the area for the future needs of the City. The City Manager stated that in making the area available to bidders, it would be necessary to prepare some minimum specifications as to what the City would expect in terms of standards for the parking area. `5`7 Statements of Mayor Stoddar d . Letter from Lido Snops Association. City Manager to prepare plans sere pang meter. i the Via -Liao area Re taxi zone. Statements of C2ty anager. Statements of Councilman Mart re proposed a -_ out plan. Council dis- cussion. on. Mr. Button spoke from the audience and stated that the lot behind Statements of the City Hall should be a City- operated parking lot, to be made available Mr. Button. to employees of the entire area on a monthly rate. Mayor Stoddard stated that the mentioned charge of $2.00 per month would be inadequate from the viewpoint of return of revenue to pay for the parking lot. On motion of Councilman Lorenz, seconded by Councilman Hart and Layout_ proposal carried, the layout proposal for parking in the rear of the City Hall was ? e n Ile. ordered placed on file to be made available to all interested parties, the City Manager to present his report at the next regular Council meeting as to any regulations he might suggest. Councilman Somers suggested that the City Manager be instructed to City Manager to prepare detailed plans and specifications on the project. Mayor Stoddard pre- care a taire stated that time should be allowed to permit interested parties to plans. ' indicate their wishes; further action to be taken under consideration on June 9, 1958. Mayor Stoddard declared a recess at this time. Recess. A discussion followed on the subject of necessary amendments to the Municipal Code. On motion of Councilman Somers, seconded by Councilman Lorenz and carried, the City Attorney was instructed to examine the Sections of the Municipal Code pertaining to metered parking and parking in general in order to bring the Code up -to -date, making reference to the Sections as set out in Mayor Stoddard's memorandum to the Council dated May 23, 1958, for presentation of recommendations to the Council in order to carry out the policy adopted. On motion of Councilman Higbie, seconded by Councilman Lorenz and carried, the City Manager was instructed to draw up a comprehensive plan to reflect the necessary changes for the flow of traffic in the McFadden Place channelization; indicating the amount of property that might be needed in the area between 26th and 23d Streets for the widening of Newport and Balboa Boulevards. COMMUNICATIONS A renewal notice from the Civil Aeronautics Administration renewing the contract for the FM facility, Huntington Beach, for the period beginning July 1, 1958, and ending June 30, 1958, at an annual rental ' of $10.00, was presented. The subject request was referred to the City Attorney and the City Manager for additional information to be presented at the adjourned Council meeting to be held May 27, 1958. City Attorney IF truce to ring t e o e up-to-date._ City Manager to lo. tratiic ow -pl an�r o iKcFaen`P`lace c anne zzation. Re renewal no ice from Civil Aeronautics Administration. Re "Cameo Cliffs Annex" On motion of Councilman Somers, seconded by Councilman Lorenz certification trom t e and carried, the certification from the Secretary of State stating Secretary of State. that the "Cameo Cliffs Annex" annexation was effective as of May - 16, 1958, was ordered filed. Letter re Orange County On motion of Councilman Somers, seconded by Councilman Lorenz and Fair. carried, a letter from Stewart Yost, Manager, Orange County Fair, calling attention to the benefits that accrue to the community through the operation of the Fair, was ordered filed. Mayor Stoddard had previously issued a proclamation declaring the period of May 23, 1958, through June 1, 1958, as Orange County Fair 'Week and Friday, May 23, 1958, as Newport Beach Day at the Orange County Fair. Re Notice of Hearing A Notice of Hearing on the Application of the Greyhound Corporation on .APP ication o- tFie for an order authorizing increases in intrastate passenger fares, other Grex hound Corporation than local and commutation fares, before the Public Utilities Commission be ore t e Public on Monday, June 9, 1958, at 10:00 A.M. in the Commission Courtroom, Utilities Commission. State Building, San Francisco, was presented. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the subject communication was ordered referred to Mayor Stoddard to secure additional information regarding the proposed hearing and rate increase. Re Notice of Public A Notice of Public Hearing by the Santa Ana Regional Water Pollution Hearing y the Santa Ana Control Board "on the quality of water to be maintained in the Pacific Regional Water Pollution Ocean, bays and estuaries, excluding the tidal prism of the San Gabriel Control Board. River, within the Santa Ana region, to continue the public hearing adjourned July 26, 1957, on Friday, June 6, 1958,.1:30 P.M., in the Conference Room of the Orange County Department of Public Health Building, Santa Ana, was presented. On motion of Councilman Somers, seconded by Councilman Lorenz and carried, the subject communication was ordered filed. Re Applications for On motion of Councilman Somers, seconded by Councilman Atkinson and S1coFiolic Beverage carried, the following copies of Applications for Alcoholic Beverage License. License were ordered filed: "Bill's" - 101 Palm. 1. Copy of Application for Transfer of Alcoholic Beverage License of William N. Branch, Jr., person to person transfer of on -sale beer, "Bill's," 101 Palm Avenue, Balboa. "The Patio" - 113 - 22d. 2. Copy of Application for Alcoholic Beverage License of Norman A. and Doris J. Martin, person to person transfer of on -sale beer, "The Patio," 113 - 22d Street, Newport Beach. "Pizza House" 6604 Coast 3. Copy of Application for Transfer of Alcoholic Hig way. Beverage License of George W. Carvey, Jr., and Margaret E. Carvey, person to person transfer of on -sale beer and wine, "Pizza House," 6604 Coast Highway, Newport Beach. Mrs. Giovanna C. S. Mardesich, under date of May 19, 1958, wrote another letter to the City Attorney regarding her fall in the City Hall on February 25, 1958. At the,suggestion of the City Attorney, Mrs.. Mardesich's letter was referred to the insurance carrier on May 22, 1958, which action was confirmed on motion of Councilman Somers, seconded by Councilman Lorenz and carried. Re stairway to Big Petitions, signed by 175 residents and property owners, transmitted Corona Beach. by a letter from Colonel A. W. Smith, was presented, requesting that a stairway to Big Corona Beach be constructed, using a part of the 20' ' easement controlled by Newport Beach at the foot of Narcissus Street. The Public Works Director stated that it would be more feasible to place a walk at the westerly end of Inspiration Point, as from a topographical standpoint, this location would be more adaptable than at Narcissus. Colonel Smith spoke from the audience and stated that such a proposal would meet with the approval of everyone but that immediate action was requested. On motion of Councilman Lorenz, seconded by Councilman Somers and carried, the Public Works Director was instructed to prepare the plans and specifications and suggest a suitable location at Inspiration Point or vicinity to provide a path and stairway for a means of access to the Main Beach. Mrs. T. A. Atkinson spoke from the audience as to how much time this would require and the Public Works Director stated that every effort would be made to have such information available at the next regular Council meeting. Re change of name.of 17th On motion of Councilman Somers, seconded by Councilman Higbie and Street. carried, a letter was ordered referred to the Planning Commission for recommendation, from Austin D. Sturtevant, President, The Sturtevant Corporation, proposing that the name of the road now designated "17th Street" from the intersection of 17th Street and Irvine Avenue to the intersection of 17th Street and Pacific Coast Highway be changed as follows: 1. On and after July 1, 1958, that part of the Street between Irvine Avenue and Dover Drive shall be designated "Westcliff Drive." 2. On and after July 1, 1958, that part of the Street between proposed Westcliff Drive and Pacific Coast Highway shall be I designated "Dover Drive." The City Manager stated that the proposal should also be presented to the Costa Mesa City Council and Planning Commission for their thoughts. Mr. J. W. Drawdy, Planning Assistant, spoke from the audience and stated that all necessary requirements would be followed by the Planning Commission. Mayor Stoddard stated that he would like to appoint a committee Re public address to study the public address system in the Council Chambers and named system. Councilmen Atkinson, Somers and Lorenz to study the system and make their report as to their recommendations. On motion of Councilman Hart, seconded by Councilman Lorenz and Resignation of ' carried, the resignation of Roy W. Holm as a member of the Civil Roy W. Holm Service Board was accepted with regret, and the Mayor and City Clerk Civil Service were authorized to present a Certificate of Appreciation to Mr. Holm Board. for his service on said Board. On motion of Councilman Hart, seconded by Councilman Higbie and Clyde C. Shaver carried, Mr. Clyde C. Shaver, 24 Balboa Coves, was appointed to appointed to Civil fulfill the unexpired term of Mr. Roy Holm, as a member of the Civil Service Board. Service Board; said term expiring July 1, 1961, and the Mayor and City Clerk were authorized to present a Certificate of Appointment to Mr. Shaver. Councilman Olan W. Carrick, Mayor Pro -tem, City of San Clemente, Re proposed Orp�Wz__ requested an opportunity to address the Council regarding the proposed County oil Code.. Orange County Oil Code. Councilman Carrick stated that on page 36, paragraph 4 of the subject Code, reads as follows: 1°No drill site shall be established any place within one mile of the coast line measured from mean lower low water datum as shown on U. S. Coast and Geodetic maps from the southeasterly jetty in Newport Beach to the San Diego County Line.1° Councilman Carrick requested that the City Council take under consideration the justification for writing a communication to the Orange County Board of Supervisors asking that the one mile restriction be changed to two miles. A general discussion followed. Mayor Stoddard ' stated that the Council had studied the proposed Oil Code and had referred it to the City Attorney to redraft as a part of the Newport Beach Municipal Code. It was brought out that under the provisions of the Charter the voters of.the City of Newport Beach would have to approve any application for oil well drilling and in such event, the proposed OilCode should be a part of the Municipal Code in order to set out the conditions under which drilling might be permitted. Mr. Ben Reddick spoke from the audience as to the effect this might have on the present leases the City now has. Councilman Hart made a motion, seconded by Councilman Lorenz, instructing the Mayor to write a letter to the Orange County Board of Supervisors requesting that the reference in paragraph 4, page 36, of the proposed Orange County Oil Code be amended to read two miles instead of the present one mile. Councilman Somers stated that he would vote against such a motion inasmuch as he did not feel that enough time or consideration had been given to the subject. Councilman Higbie stated he would also vote against it inasmuch as the City of Newport Beach had had a very active committee working on the proposed Oil Code and no mention had been made as to their approval or disapproval of the requested change. Councilman Lorenz stated that the Newport Harbor Chamber of Commerce and the Corona del Mar Chamber of Commerce had approved the proposed Oil Code. A roll call vote was taken on Councilman's Hart motion, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Atkinson, Stoddard NOES, COUNCILMEN: Somers, Higbie ABSENT, COUNCILMEN: Kingsley LICENSES On motion of Councilman Somers, seconded by Councilman Hart and Licenses. carried, the following Applications for License were approved: 1. Application for License of Bloy Stiner, 1605 Bloy Stiner. West Fifth Street, Santa Ana, house to house soliciting for portable shoe shine and knife sharpening service; equipment within a walk - in truck. 2. Application for License 206 Ruby Avenue, Balboa soliciting for the sale ADDITIONAL Councilman Lorenz made a motion, that the following Minute Resolutions of Bernice L. Houston, Bernice L. Island, house to house Houston, sale of of Avon Products. Avon products. BUSINESS seconded by Councilman Somers, Minute be adopted: ?eutions. RESOLVED, that the labor and material bond and the faithful performance bond, each dated May 19, 1958, executed by Sully - Miller Contracting Company and the Federal Insurance Company, guaranteeing the resurfacing of Holmwood Drive and certain other streets, be approved. ' RESOLVED, that the labor and material bond and the faithful performance bond, each numbered 75- 49 -81, executed by Fish & Buccola, Inc., and the Glens Falls Insurance Company, guaranteeing the construction of the Central Avenue Waterfront Park, be approved. Approval of bonds 053 RESOLVED, that the labor and material bond and the faithful performance bond, each numbered 18- 580 -632, executed by the R. J. Noble Company and the American Surety Company of New York, guaranteeing the construction of the Central Avenue Parking Lot, be approved. RESOLVED, that the labor and material bond and the faithful performance bond, each numbered 7024577, executed by The Sturtevant Corporation and the Fireman's Fund Indemnity Company, guaranteeing the general filling and grading of a park site at 19th and Irvine, be approved. A roll call vote was. taken on the motion to adopt the above Minute Resolutions, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley. R -4804 adopted, re Grant of On motion of Councilman Hart, seconded by Councilman Somers and Easement to metropolitan carried, Resolution No. 4804, being a resolution of the City Council Water District. of the City of Newport Beach authorizing the Mayor and City Clerk to execute a Grant of Easement to the Metropolitan Water District of Southern California over a portion of Big Canyon Reservoir site for the construction of a service connection, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley R -4805 ado ted re Grant of On motion of Councilman Hart, seconded by Councilman Somers and Easement to Sout ern carried, Resolution No. 4805, being a resolution of the City Council California Edison Company. of the City of Newport Beach authorizing the Mayor and City Clerk to execute a Grant of Easement to the Southern California Edison Company to serve electricity to residents of the City over the northwesterly 6 feet of the northeasterly 15 feet of Lot 3, Block "B," Seashore Colony Tract, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley Hearing set re Budget. The City Manager presented the preliminary 1958 -59 Budget. On motion of Councilman Hart, seconded by Councilman Somers and carried, the preliminary 1958 -59 Budget was ordered received and set for public hearing on June 9, 1958. Extension of contract The request of N. P. Van Valkenburgh Co., transmission main time - N. P. Van contractor, for a 45 -day contract time extension to July 15, 1958, was Valkenburgh Co. presented. The Public Works Director stated that it would be in order to approve the request. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the Public Works Director was authorized to approve the request of N. P. Van Valkenbu.rgh Co. for an extension of contract time to July 15, 1958. Rea roval of East Costa A letter was presented from the Orange County Flood Control Mesa C fiannel Flood Control. District, addressed to the City Engineer, requesting Council approval of the East Costa Mesa Channel Flood Control project, plans and specifications. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the City Engineer was authorized to approve the subject plans and specifications. Re Use Permit Application Councilman Somers reported that the Steering Committee on City - re City- County Docc County Dock property had recommended that a Use Permit Application be property. submitted to the Planning Commission for the County of Orange -City of Newport Beach, 3301 West Coast Highway, being a portion of Lot L, Tract No. 919, Zone C -2, from Sections 9103.44(a) and 9103.45(b) to permit building height of 85 feet plus height of mechanical appurtenances above topmost point of roof and a minimum of 500 square feet of land area for each family unit for uses permitted under Section 9103.51(a), (b) and (c), subject to the conditions imposed by the Planning Commission. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the City Manager was authorized to sign the subject Use Permit Application Re parking restrictions in The City Manager recommended that the bluff parking restrictions Coronae Mar area. in the Corona del Mar area imposed last year be again re- instituted prior to the Memorial Day holiday week end.. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the City Manager was authorized to institute parking restrictions.in the Corona del Mar area on week ends and holidays. Re action deli nating On motion of Councilman Hart, seconded by Councilman Somers and coati wa route as carried, the City Manager was authorized to discuss with the Orange Cabrillo Highway. County Coast Association effect of action by the State Legislature designating the coastal highway route as Cabrillo Highway. The City Manager- stated that the merchants in the City of Newport Beach had been inquiring as to whether or not the change of the name to Cabrillo Highway would affect the City of Newport Beach directly. i i At the request of the City Manager, the request for an easement by the Orange County Flood Control District was continued for discussion until the adjourned Council meeting to be held May 27, 1958. The City Attorney stated that the fish cannery at Lafayette ' and 28th Streets had been condemned by the Building Department as an unsafe structure. He stated that the next step would be for the Council,to set a hearing and take evidence to determine whether or not it is an unsafe building. The City Attorney stated that it had been contemplated that the hearing would be scheduled for June 9, 1958, but that the City Manager had received a request from Mr. Noel Singer, owner of the subject building, that the matter be delayed for a short time. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, a public hearing was set for June 23, 1958, at which time the City Council would decide whether or not the building should be ordered demolished and the costs of demolition assessed against the property. The City Manager stated that in connection with the proposed removal of City -owned floats at the 10th Street beach and at the north extension of Ruby on Balboa Island, the Parks, Beaches and Recreation Commission had appointed a committee to study the matter and a report would be submitted to the Council at a later date. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the City Manager and the City Attorney were instructed to proceed with the acquisition of Lots 8, 10, 12 and 14, Block 440, Corona del Mar, from Mrs. Evelyn Smith at the agreed purchase price of $30,000. On motion of Councilman Hart, seconded by Councilman Somers and carried, the recommendation of the Public Works Director that the installation of the Central Avenue Bulkhead be accepted and that the City Clerk be authorized to file a Notice of Completion with the County Recorder, since Trautwein Brothers, contractor, had completed said project in accordance with the plans and specifications and other contract documents heretofore approved by the City Council, was accepted and the Clerk was authorized to file the subject Notice of Completion. Ordinance No. 846, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 3250.1, RE- ENACTING SECTION 3250.1, AND ADDING 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 for second reading. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the second reading of Ordinance No. 846 was waived. On motion of Councilman Hart, seconded by Councilman Lorenz, Ordinance No. 846 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN NOES, COUNCILMEN: ABSENT, COUNCILMEN Ordinance No. 848, being Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard None Kingsley 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, was presented for second reading. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the second reading of Ordinance No. 848 was waived. On motion of Councilman Higbie, seconded by Councilman Hart, Ordinance No. 848 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Ordinance No. 849, being Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard None Kingsley AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9102.2 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ZONING AND SET -BACK LINES Re request of Orange Count Flood Control District. Hearing set re fis cam nnery at Lafayette and 26i; Streets. -- P.e gr_o osed re- moval of Moats. '_oe acquisition of Lots Corona del Mar. Re Notice of Com et on - Centra Avenue u c ea . Ordinance No. 846 Re One -Way Street__: Ordinance No. 846 acT-o-pted. Ordinance No. 848 Re Classification ano�Compen— s— ation Fans . Ordinance No. 848 aaopte d . Ordinance No. 849 Re zoning and set back lines. - was presented regarding the zoning of City Marinapark from an R -4 Passed to second ' District to an Unclassified District; zoning of Tracts No. 1396, No. tea ang. 1893, No. 1896 (Upper Bay area) from an Unclassified District to R -1 and R -3 Districts; zoning of Tract No. 3277 (Bayshores) from an Unclassified District to an R -1 District; establishment of front and rear yard set -backs for Tract No. 3277 (Bayshores). On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the first reading of Ordinance No. 849 was waived. On motion of Council- i man Hart, seconded by Councilman Higbie, Ordinance No. 849 was passed to second reading by the following roll call vote, to wit: C Si . AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley Ordinance No. 847. Ordinance No. 847, as amended, being Re Business licenses. AN ORDINANCE OF'THE CITY OF NEWPORT BEACH AMENDING ' SECTIONS 6103, 6104.4, 6110.3, 6200, 6202.4, AND 6202.7 OF ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES, To be adopted June 9, was presented for Council approval. Councilman Hart stated that the 1 ordinance had been reviewed by the Council Committee on Busire ss Licenses and by members of the Chamber of Commerce and the subject ordinance had been approved by the Committee. On motion of Councilman Hart, seconded by Councilman Somers, the draft of Ordinance No. 847, dated May 23, 1958, was approved, to be brought before the City Council again on June 9, 1958, for adoption, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley Re Su erior Court Action The City Attorney stated that the City of Newport Beach is No. quieting title on the property in Superior Court Action No. 69,067 entitled "City of Newport Beach v. Batcheller, et al," and it was requested that Quitclaim Deeds on Lots 7 and 8 in Block 51, River Section, and a portion of Section 29 between said lots and the South Line of the Channel be accepted by the City and returned to the City Attorney for recordation. Motion to ado t Resolutions On motion of Councilman Somers, seconded by Councilman Hart and num ere t roug . carried, the resolutions as set out below, numbered 4806 through 4818, were adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Atkinson, Higbie,,Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley R -4806 ado ted, acce tin Resolution No. 4806, being a resolution of the City Council of Dee - Jo n C. an E iza eth the City of Newport Beach accepting a Quitclaim Deed dated June B. Mac ar an . 14,. 1957, from John C. Macfarland and Elizabeth B. Macfarland, husband and wife, and consenting to its recordation. R -4807 ado ted - Frances L. Resolution No. 4807, being a resolution of the City Council of Curtis a so nown as Frances L. the City of Newport Beach accepting a Quitclaim Deed dated Neavi.tt. March 3, 1958, from Frances L. Curtis, also known as Frances L. Neavitt, and consenting to its recordation. R -4808 adopted - Millard F. Resolution No. 4808, being a resolution of the City Council of and Olive H. Curtis. the City of Newport Beach accepting a Quitclaim Deed dated June 141 1957, from Millard F. Curtis and Olive H. Curtis, husband and wife, and consenting to its recordation. R -4809 adopted - Leon J. Resolution No. 4809, being a resolution of�the City Council of Bratager, the City of Newport Beach accepting a Quitclaim Deed dated June 12, 1957, from Jeon J. Bratager, and consenting to its recordation. R -4810 ado ted - Donald Resolution No. 4810, being a resolution of the City Council of Mac ar an the City of Newport Beach accepting a Quitclaim Deed dated June Banning Jr., an 22, 1957, from Donald Macfarland, and consenting to its recordation. R -4811 adopted - Marion M. Resolution No. 4811, being a resolution of the City Council of Worthington. the City of Newport Beach accepting a Quitclaim Deed dated July husband and wife, and consenting to its recordation. 10, 1957, from Marion M. Worthington, and consenting to its William P. and recordation. Janet Banning. R -4812 adopted - Evangeline Resolution No. 4812, being a resolution of the City Council of Victoria Banning. the City of Newport Beach accepting a Quitclaim Deed dated June 7, 1957, from Evangeline Victoria Banning, and consenting to its recordation. R -4813 adopted - George guy h Resolution No. 4813, being a resolution of the City Council of an He en Banning. the City of Newport Beach accepting a Quitclaim Deed dated June 13, 1957, from George Hugh Banning and Helen Banning, husband and wife, and consenting to its recordation. R -4814 adopted - Hancock Resolution No. 4814, being a resolution of the City Council of Banning Jr., an Florence J. the City of Newport Beach accepting a Quitclaim Deed dated June Banning. 6, 1957, from Hancock Banning, Jr., and Florence J. Banning, husband and wife, and consenting to its recordation. R -4815 adopted - William P. and Resolution No. 4815, being a resolution of the City Council of Janet Banning. the City of Newport Beach accepting a Quitclaim Deed dated June ' 7, 1957, from William P. Banning and Janet Banning, husband and wife, and consenting to its recordation. R -4816 adopted - Anne M. Brown. Resolution No. 4816, being a resolution of the City Council of the City of Newport Beach accepting a Quitclaim Deed dated June 6, 1957, from Anne M. Brown, and consenting to its recordation. Resolution No. 4817, being a resolution of the City Council of the City of Newport Beach accepting a Quitclaim Deed dated June 7, 1957, from Katherine B. Graves and Francis P. Graves, and consenting to its recordation. Resolution No. 4818, being a resolution of the City Council of the City of Newport Beach accepting a Quitclaim Deed dated June 7, 1957, from Mrs. George Griffith, and consenting to its recordation. A letter was presented from the Public Works Director requesting that certain improvements in Tract No. 3145, located in the vicinity of 16th Street and Superior Avenue, as specified in the Agreement between the Newport- Balboa Industrial Enterprises and the City of Newport Beach, be approved and the Subdivision Bond guaranteeing said improvements be released. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the recommendation of the Public Works Director was accepted and the Subdivision Bond was ordered released. 563 Kathe7 ado_ meted KetTierine B. an F .'ancas P. Grave R -4818 adopted -Mrs George Griffith. Acceptance prov ements of im- in ract No-:-3 - `14"5. - The City Manager stated that bids would be opened on May 27, 1958, Statements of City at 10:00 A.M., for the construction of the street lighting system in Manager re b or 17th Street, between Irvine Avenue and Dover Drive, and that the � S _treat street. necessary contract therefor could be awarded at -the adjourned Council ag.tang system. meeting to be held on May 27, 1958. On motion of Councilman Somers, seconded by Councilman Hart and carried, the meeting was adjourned to 4:30 P.M., May 27, 1958. ATTEST: Cat C1 r .5 c�.e� w May 27, 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 4:30 P.M. The roll was called, the following members being present: Councilmen Hart, Somers, Atkinson and Stoddard; Councilmen Lorenz, Kingsley and Higbie being absent. A letter was presented from the City Clerk regarding the opening of bids for the street lighting system in 17th Street, between Irvine Avenue and Dover Drive in her office on May 27, 1958, at 10:00 A.M., in ' accordance with Council authorization of May 6, 1958. Four bids were received; the low bid was submitted by E. D. Johnson & Company, in the amount of $17,803.00. On motion of Councilman Hart, seconded by Councilman Somers and carried, the letter from the City Clerk was ordered filed. A report, No. 57- 58 -37, from the City Manager and the Public Works Director was read recommending that a contract for the construction of a street lighting system in 17th Street, between Irvine Avenue and Dover Drive, be awarded to E. D. Johnson & Company, the low bidder, in the amount of $17,803.00. On motion of Councilman Hart, seconded by Council- man Somers and carried, the report from the City Manager and the Public Works Director was accepted. Meeting adjourned. Adjourned regular session. Roll call. Report of bid open- ing- /th Street street ag tang system. Recommendation re award ot contract. On motion of Councilman Somers, seconded by Councilman Atkinson, R -4820 adopted - Resolution No. 4820, being a resolution awarding a contract for the contract aware t, construction of a street lighting system in 17th Street, between Irvine -E.-D-.-Johnson & Avenue and Dover Drive, to E. D. Johnson & Company, in the amount of Company_ $17,803.00, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Somers, Atkinson, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Lorenz, Kingsley, Higbie On motion of Councilman Somers, seconded by Councilman Hart and carried, authorization was given for the return of any checks received from the unsuccessful bidders upon the execution of the contract by the successful bidder. Return of checks authorized.