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HomeMy WebLinkAbout02/27/1956 - Regular MeetingThe City Attorney stated that he had had a telephone conversation Mr. Sailors advised with Mr. Sailors this morning in which Mr. Sailors requested the City City Attorney of_ desire Attorney to convey to the Council the message that he was resigning to co- operate. his position with every desire to co- operate with the City Council and the City employees at any time and in any manner that they should desire. ' Mayor Hill stated that with the advent of the City Charter in City plans to solicit January, 1955, one of the Council's primary duties as set forth in that applications for Charter was to review the qualifications of the Council's appointed position of City officers. The Council feels that it is their continuous duty to main- Manager. tain a high order of qualifications for these officers and in the present instance, the qualifications of the City Manager were under review. During the review, the Council received Mr. Sailor's resignation. They now plan to solicit applications for the position of City Manager from the highest qualified persons in the field. Councilman Ridderhof expressed the opinion that the long list of Mr. Sailors felt questions submitted by the Council to Mr. Sailors during the Council's Council had lost review of the City Manager's work, undoubtedly made Mr. Sailors feel that confidence in him. the Council had lost confidence in him. Councilman Ridderhof stated that he thought the problems could have been worked out and that Mr. Sailors could have met the requirements. Councilman Wilder stated that he con- curred with Councilman Ridderhof's statements. On motion of Councilman Stoddard, seconded by Councilman Ridderhof Adaournment. and carried, the meeting was adjourned. ATTEST: M ea- 5 City &_!:::1 e k -' OyaLa D • _ Mayor February 27, 1956 The City Council of the City of Newport Beach met in regular session Regular session. in the Council Chambers of the City Hall at the hour of 7 :30 P.M. The roll was called, the following members being present: Councilmen Roll call. Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, and Hill. On motion of Councilman Stoddard, seconded by Councilman MacKay Approval of minutes. and carried, the reading of the minutes of February 13, 1956, was waived and they were approved as written and ordered filed. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the reading of the minutes of February 20, 1956, was waived and they were approved with a correction and ordered filed. Mayor Hill welcomed the students in the audience. The Mayor announced that this was the time and place set for the public hearing on the application of Charles Kramer for Use Permit No. 212. The meeting was opened for protests against the granting of said Use Permit. The Clerk announced that three letters of protest had been received, which letters had been presented to the Council previously. No one from the audience spoke in protest. Mr. Charles Kramer, 1584 East Ocean Boulevard, was in the audience to defend his position in the matter. Mr. Buddy Bartlett read the statement which had been prepared by Mr. Walter Longmoor, Chairman of the Planning Commission, stating that it was felt that said Use Permit should be granted as it would be an improvement to the immediate area. On motion of Councilman MacKay, seconded by Councilman Bennett and carried, the recommendation of the Planning Commission was accepted and the Use Permit was granted by the Council. COMMUNICATIONS The City Clerk presented a letter from The Irvine Company, dated February 17, 1956, stating that they had instructed Mr. Montgomery to proceed in the sub - surface investigation on the proposed dam and reservoir site, and stating that the willingness of the City of Newport Beach to assume, if necessary, the total cost of said investi- gation had been noted. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, said letter was ordered filed. Welcome to students. Re Use Permit No. 212 of Charles Kramer. Irvine Company letter stating Mr.Montgomery has been instructed to proceed with sub- surface investigation. 154 Irvine Company letter The City Clerk presented a letter from The Irvine Company, dated February regarding contri- 179 1956, advising that they would contribute the sum of $10,OCC toward the bution of cost of the extension of a proposed 16" water main from 19th Street north - l0.000.OG for easterly along Irvine Avenue. On motion of Councilman Stoddard, seconded by water line. Councilman MacKay and carried, the letter was ordered acknowledged with thanks and the City Engineer was instructed to proceed with negotiations with the Irvine Company. Planning Commission A letter dated February 209 1956, from the Planning Commission, was requests emplov� presented, stating that under the Charter they are required to submit to the ment of Planning_ Council a Master Plan of development of the City, and further stating that Consultant re the Commission had awaited developments on some of the problems, such as the Master Plano negotiations of acquiring the Pacific Electric properties, before submitting a plan. They request that the City Council "arrange to employ a competent Planning Consultant to make studies and submit a street and highway plan and other land uses involved in the Pacific Electric properties proposed to be acquired." The letter further states that the Commission would appreciate suggestions and instructions. A discussion was had, and Councilman Stoddard moved that the Parks, Beaches and Recreation Commission and the Planning Commission give the Council, at their earliest convenience, their joint recommendations for the following: Request of (1) Bringing the present Master Plan up -to -date as far as Council for their special fields are concerned; 'pint (2) Making any new Master Plans on specific areas or recommendations subjects which they think necessary now; re (3) Specific agencies they would wish to consult for the Master Plano above purposes; (4) The cost to be incurred for any proposals they might wish to make; (5) A Master Plan on location of streets in the area of the Pacific Electric properties, the acquisition of which are now being considered by the Council, with particular attention being given to having an independent Planning report on this subject. Councilman Higbie seconded the above motion, and it was unanimously carried. Letter from Newport The City Clerk presented a letter from the Newport Harbor Chamber of Harbor Chamber of Commerce, dated February 23, 1956, enclosing a copy of its letter to the Commerce re Sales Board of Supervisors of Orange County (which was read) informing the Board Tax. of its shock that the Board would make an effort to extort from the Cities a portion of the sales tax collected within the Cities and of no benefit to the Board or anyone within the County. Said letter calls upon the Board to.pass a uniform sales tax which will recover the tax collected in the unincorporated portions of the County and leave to the Cities the sales tax which is collected by ordinance within the Cities. Said letter was ordered filed with the full agreement of the Council on motion of Councilman Ridderhof, seconded by Councilman Bennett and carried. The City Clerk read a letter from the Newport Harbor Chamber of Commerce, dated February 23, 1956, approving and highly commending the work being done in connection with the removal of the Pacific Electric tracks and especially commending the splendid work of the City Attorney, Karl Davis. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, said letter was ordered filed. Letter from The City Clerk presented a letter from the law office of Blodget, Gilbert Attorneys re Mr. and Cochran regarding the application of Pete Karales for water, and renewing Karales' request Mr. Karales' petition to be permitted to pump water from the City's well adjacent to pump water. to his property. Councilman Stoddard asked if anyone wished to be heard in regard to the request of Mr. Karales. No one responded. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the Council agreed to stand on its previous decision and the communication was ordered filed. F_ Two letters from the Ebell Club of Newport Beach were presented, one to Ebell Club's re- Councilman Sandy MacKay and one to the Council, dated February 19 and 20 quest for hearing respectively, regarding Use Permit No. 221 which was granted the Ebell Club on Use Permit No. with provisions that two lots be used for parking. The Club would like the 221. Hearing set City to purchase Lots 12 and 13 which have alley and street access. A third for March 12_ from the Ebell Club, dated February 22, 1956, was read. Said letter 1956. requests a public hearing in connection with the restrictions imposed by the Planning Commission by the action taken on Use Permit No. 221, and the Club appeals the action in accordance with Section 9106.24 (a) of the Municipal Code. A discussion was had, Ruth A. Vedder, Chairman of the Building Committee, speaking from the floor. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the first two communications were ordered set aside to be taken up at a public hearing to be held on March 12, 1956, as requested in the third communication, and the Clerk was authorized to post, publish, and advise the Planning Commission and the Ebell Club of said public hearing. Letter from The City Clerk presented a letter from the law office of Blodget, Gilbert Attorneys re Mr. and Cochran regarding the application of Pete Karales for water, and renewing Karales' request Mr. Karales' petition to be permitted to pump water from the City's well adjacent to pump water. to his property. Councilman Stoddard asked if anyone wished to be heard in regard to the request of Mr. Karales. No one responded. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the Council agreed to stand on its previous decision and the communication was ordered filed. F_ A letter from John F. Vogel calling attention to the $50.00 bicycle rental license in addition to the individual license plate on each bicycle, plus the $25.00 merchant's license required, and requesting the elimination of the bicycle rental license fee, was presented. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, this matter was referred to the Acting City Manager to bring to the attention of the J. L. Jacobs Company, which company is reviewing our license fees and ordinances, and for a report back to the Council. A letter from Apolena Street Association, dated February 18, 1956, was presented, regarding a petition signed by residents of Apolena Street, Balboa Island, presented to the Council in September, 1954, requesting more sand at the foot of Apolena Street, North Bay, stating that since the last rains, the condition caused by the drainage from the street is now even more treacherous, and further stating that the drain- pipes should be extended beyond the low tide line so that this erosion will not be repeated, and requesting that the work be done soon to be in readiness for summer visitors. A discussion was had, and on motion of Councilman Higbie, seconded by Councilman Stoddard and carried, this matter was referred to the City Engineer to study the situation, not only this particular beach area, but the beach between Collins and Sapphire, and for report back to the Council. The Digest of Sewerage Enabling Acts of the State of California, State Water Pollution Control Board, was presented, and was ordered filed on motion of Councilman Wilder, seconded by Councilman Bennett and carried. The City Clerk presented a letter from the United Cerebral Palsy Association of Orange County, Inc., requesting permission to solicit for funds in the City during the month of May, 1956, the nationally - designated month for this cause. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, said matter was referred to the Acting City Manager for action. A copy of Application of Metropolitan Coach Lines, a corporation, et before the Public Utilities Commission, for authority to adjust rates, was presented. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, said communication was ordered filed. The City Clerk read a letter from the Parks, Beaches and Recreation Commission, dated February 24, 1956, and the following action was taken by the Council as to each paragraph: I Letter from John F. Vogel re bicycle license fee. Digest pre - sented. United Cerebral Palsy: Association request to solicit for funds. al, Application of Metropolitan Coach Lines re rates. Letter from P. B and R. (1) A discussion was had, Mr. C. E. Vandervort and Mr. Robert Gingrich speaking from the floor. On motion of Councilman Ridderhof, seconded by Councilman Bennett and carried, Resolution No. 4448, being a resolution upgrading the salary of the Parks, Beaches and Recreation Director from Salary Range 18 to Salary Range 20, and placing Mr. Robert Gingrich on the third step of Salary Range 20, effective March 19 1956, was adopted by the following roll call vote, to wit: AYES: COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None (2) A discussion was had regarding the proposed new restroom at Corona del Mar State and City Park and of the location of said restroom. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the recommendation of the Parks, Beaches and Recreation Commission was referred to the City Engineer and the City Attorney to determine whether the location of the building was such that it would be the responsibility of the Lessee to do the remodeling or the responsibility of the City. It was decided that if it is the responsibility of the City, the matter should be taken care of immediately. (3) A discussion was had regarding the Elks Club's request for a lease of the City -owned property and the proposed public park and recreation area recommended by the Parks, Beaches and Recreation Commission. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the plan as proposed by the Parks, Beaches and Recreation Commission was accepted and ordered filed until we hear from the Elks Club as to their desires in regard to their lease. It was agreed that the Council should have the plot plans on just what is proposed in the development of this area, and the cost thereof. (4) A discussion was had, Mr. Robert Gingrich speaking from the floor, regarding the request of the Parks, Beaches and Recreation Commission that the Council approve the advertising, interviewing and hiring of a general recreation supervisor, a girl's and women's super- visor, and a boy's and men's supervisor by June 1, 1956. It was agreed that this is the general trend in Cities of the size of Newport Beach. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the Acting City Manager was instructed to make a recommendation to the Council as to the Salary Range for the proposed positions. R -4448. Re upgrading the salary of P� B and R Director. Corona del Mar State Park Restroom. Request, from Elks Club for lease of_ City- ,owned RZ2Rirty. Regarding employment of supervisors. Re emulovment (5) The request of the Parks, Beaches and Recreation Commission to employ P. B and R a full -time employee as Clerk- Typist II, was, on motion of Councilman Bennett, of C1erk_Tvvist seconded by Councilman Stoddard and carried, granted by the following roll call II. vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None annexation The City Clerk read letters from Tapmatic Corporation and Pfahler Manufacturing yngatic Corporation, dated February 24, 1956, requesting annexation to the City of Newport Beach. A discussion was had, and the City Attorney stated that it would be impossible to annex the %abler. territories proposed since the one foot line did not provide sufficient contiguous territory. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the City Engineer was instructed to reply to the two companies and to explain the inability of the City to grant the requests. Invitation The City Clerk presented a letter from Governor Goodwin J. Knight, inviting Mayor Hill to to Mayor attend the fourth Governor's Conference on Children and Youth to be held in Sacramento on from April 4th and 5th, 1956. On motion of Councilman Wilder, seconded by Councilman MacKay and Governor. carried, permission was granted the Mayor to attend this Conference and her expenses were authorized, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Petition on A petition was read, signed by ten Balboa Boulevard and Bay Front property owners, re- questing the replacement of trees killed or damaged by reason of the improvement work being trees on done on Balboa Boulevard between B and G Streets, and requesting that square curbing be Balboa installed around each tree. On motion of Councilman MacKay, seconded by Councilman Bennett Blvd. and carried, the City Manager was instructed to carry out this request. Z The City Clerk read a petition bearing 452 signatures requesting that ordinances be repealed or amended to allow the transfer and sale of live bait within the limits of Newport Harbor between the hours of one o'clock and nine o'clock at such places as may be designated by the Harbor Master. Councilman Bennett requested that a committee be appointed to study this matter. A discussion was had, Mr. A. E. Bird speaking from the floor, on behalf of the fishing industry. It was decided that Mayor Hill would appoint a committee consisting of representatives of the fishing industry, residents of Corona del Mar and the Peninsula, the yachting interests, a member of the Chamber of Commerce, and certain members of the Council. On motion of Councilman Bennett, seconded by Councilman Higbie and carried, Mayor Hill was authorized to appoint said committee. R -4449. The City Clerk read a letter from A. H. Hollister, Secretary of the Sanitary District of Re Costa Costa Mesa regarding the - installation of sewer facilities in an area partly within the Mesa jurisdiction of Newport Beach, and requesting that the City of Newport Beach execute a consent sewer to the adoption of a Resolution of Intention by the Costa Mesa Sanitary District. Resolution facilities.No. 4449, being a resolution granting consent to the work and construction of sanitary sewers in said area, was adopted on motion of Councilman Stoddard, seconded by Councilman MacKay and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ar order On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the regular order of business was waived and the Application for Resubdivision No. 30 of D. S. Kling, 320 ess Seaward Road, Corona del Mar, was presented at this time by the City Engineer. The applicant, D. S. Kling, proposed to divide Lot 140, Tract 1116, zoned R -1 -B into two ' n triangular lots. A discussion was had, the following people speaking from the floor: Mr. A. esub -K. Phelps, Attorney representing the applicant; Mr. W. P. Armstrong, 287 Evening Canyon Road; ion Mr. Donald Harwood, 120 Shore Cliffs Road; Mr. Harold J. Caldwell, 223 Evening Canyon Road;, 0 of Mr. William Gazlay, 350 Evening Canyon Road; Mrs. George Pease, 211 Evening Canyon Road; Mrs. C. H. Harry, 302 Evening Canyon Road; and Mr. Walter Longmoor, Chairman of the Planning Commission. a. The City Attorney expressed the opinion that the City Council could either deny or grant this resubdivision and would probably be correct within the legal rights of the Council. In view of the apparent desire of the majority of the people in Shore Cliffs to disallow the resubdivision requested, and even though the Planning Commission recommended the granting of this resubdivision, the resubdivision was denied on motion of Councilman Higbie, seconded by Councilman Wilder and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Bennett ABSENT, COUNCILMEN: None Recess Mayor Hill declared a five minute recess at this time. LICENSES Murrel E. The Application for License of Murrel E. Tittle, for Donut and Coffee Shop at 2903 C Tittle. Street, Newport Beach, (doughnuts, coffee, soft drinks, milk), being a change of ownership; was Donut'and presented. On motion of Councilman MacKay, seconded by Councilman Bennett and carried, said Coffee license was approved subject to the approval of the Health Department. Bh2p The Application for License of Richard A. Johnson, for used car sales at 510 -600 West Coast Richard Highway, sale and display of used cars, dba Johnson & Son, Lincoln and Mercury dealer, was A. presented. A discussion was had, Mr. Walter Longmoor and Mr. Buddy Bartlett speaking from the Johnson floor. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, said license re car was approved, subject to the following conditions: That temporary operation of business has sales. approval of Building Inspector on agreement of Mr. Johnson to submit plans and obtain Building Permit within thirty days from February 235 1956• (Business being conducted under Use Permit No. 200 approved by the Planning Commission on October 20, 1955, for one year; subject to the erection of a permanent building and provision of five offstreet parking spaces for customers.) r . 2 The Application for License of Alice M. Archer, for a delicatessen at 203 Alice M.Archer Marine Avenue, for the sale of Spanish food to go, known as "Jolly Roger Taco Shope, for was presented. On motion of Councilman Bennett, seconded by Councilman Wilder and delicatessen. carried, said license was approved subject to the approval of the Health Department. The Application for Exempt License of Aldo Vidali, (Interstate Commerce) for Exempt License soliciting for photo services, personally recommended families, Newport Beach, was of Aldo Vidali presented. Applicant is enrolled in General Product Build -A -Book, photo service for soliciting plan for amateur photographers, General Products, 4234 North Lincoln Avenue, for photo Chicago 18, formerly licensed and cleared by Police Department and the City services. Attorney 1953 - 1954. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said license was approved subject to the approval of the City Attorney. The Application for Exempt License of Donald L. Hancock, house to house Exempt License solicitation, selling Saladmaster kitchen equipment, manufactured by Kitchen Equip- o£ Donald L. ment, Inc., Waterloo, Indiana, was presented. On motion of Councilman Ridderhof, Hancock for seconded by Councilman Bennett and carried, said license was approved subject to house to house the approval of the City Attorney. solicitation.- The Application for License of Naomi B. Shipley, for a cafe at 7202 Coast Highway, dinners, coffee shop, being a change of ownership, was presented. On motion of Councilman MacKay, seconded by Councilman Bennett and carried, said license was approved subject to the approval of the Health Department. UNFINISHED BUSINESS Ordinance No. 7689 being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SUB- SECTION 10 OF CHAPTER 2 OF THE CLASSIFICATION AND SALARY PLAN OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH Naomi B. Shipley fox_ cafe. Ordinance No. amending the classification and salary plan ' regarding holidays, was presented for second reading. On motion of Councilman Ordinance No. Bennett, seconded by Councilman Wilder and carried, the second reading of Ordinance 768. Adopted. No. 768 was waived. On Motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Ordinance No. 768 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 770, being AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF THE CIVIL SERVICE SYSTEM OF THE CITY OF NEWPORT BEACH was presented for second reading. Said Ordinance eliminates the restriction on classified employees from living outside the territorial limits of Newport Beach. A discussion was had, Mr. Edward Healy speaking from the floor. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the second reading or Ordinance No. 770 was waived. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Ordinance No. 770 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ' ABSENT, COUNCILMEN: None Ordinance No. 771, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN INHABITED TERRITORY DESIGNATED AS "HARBOR HIGHLANDS ANNEX", WHICH IS CONTIGUOUS TO THE CITY OF NEWPORT BEACH, UPON THE TERMS CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE FOURTEENTH DAY OF FEBRUARY, 1956, was presented for second reading. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the second reading of Ordinance No. 771 was waived. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, Ordinance No. 771 was adopted by the following roll call vote, to wit: AYES, COUNCILMENs Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN, None ABSENT, COUNCILMEN, None Ordinance No. 7729 being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER V, SECTIONS 6500 -6509 TO ARTICLE VI OF THE MUNICIPAL CODE, IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE ' PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PROVISIONS OF CHAPTER 4, SECTIONS 6400 - 6525 OF ARTICLE VI OF THE MUNICIPAL CODE DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, Ordinance No. 770. Re Civil Service stem. Ordinance Noo771 Re approvi)M the annexation OF territOLY designated as "Harbor _high- Lands Annex". Adoption of Ordinance No. Ordinance No.7 = Ordinance im- oA_ng City Sales and Use Tax, W Adoption of was presented for second reading. On motion of Councilman Bennett, seconded by Ordinance No. Councilman Wilder and carried, the second reading of Ordinance No. 772 was waived. 2. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, Ordinance No. 772 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None L-41+% The City Attorney presented Resolution No. 44509 being a resolution authorizing Agreement for State the Mayor and the City Clerk to execute an agreement for State Administration of Administration of Local Sales and Use Taxes, for the purpose of carrying out the provisions of the Local Sales and Sales and Use Tax Ordinance No. 772 of the City of Newport Beach. On motion of No. 4450 Use Taxes. Councilman Wilder, seconded by Councilman Stoddard and carried, Resolution Corona del Mar9 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay9 Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Completion of six It was brought to the attention of the meeting that the City Clerk had completed months of service six months' service on January 279 1956. On motion of Councilman Stoddard, seconded by City Clerks by Councilman MacKay and carried, the City Clerk was placed on the second step of her Salary Range 16 as of January 279 19565 by the following roll call vote, to wit: Employment of Ira. N. Frisbie & Co. Re Qosta Mesa AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None NEW BUSINESS. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the employment of Ira. N. Frisbie & Company, to survey and analyze the City's accounting and auditing procedure9 was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Engineer brought to the attention of the meeting that it would be desirable for the City to acquire Block D -33 and Block E -33 in Corona del Mar, being underwater blocks which are privately owned by W. H. Brauner and William S. Kilpatrick. He explained that possibly the owners would require certain deed restrictions to the effect that nothing would be built on this property. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the Acting City Manager was instructed to have conversations with the owners of this property to determine whether or not the City would acquire this property. Councilman Higbie brought to the attention of the meeting that Mayor Hill had received a telephone call from the Mayor of Costa Mesa requesting that the City of Newport Beach support Costa Mesa in objecting to the proposed freeway cutting through Costa Mesa. A discussion was had, and on motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the Acting City Manager was instructed to contact the Chamber of Commerce and have their Merchants Division give this matter some study and attention and report back to the Council for the Council's guidance. Mr. Ben Reddick spoke from the floor and stated that the Merchants Division of the Chamber of Commerce had been made aware of this matter and that the investigation would be made. Request for study On motion of Councilman Wilder, seconded by Councilman MacKay and of the J. A. Beek, carried, the City Attorney was instructed to make a study of the J. A. Beacon Bay Lease. Beek, Beacon Bay Lease, and to report back to the Council any matters and details of interest to the Council including effective date, term, et cetera. ZONING Variance No. 270 The Application for Variance Noi 270 of Roy E. Riley, 1710 Park of Roy E. Riley. Avenue Balboa Island, portions of Lots 10, 11 and 12, with the 1710 Park Avenue. exception of the easterly 60' part thereof, Block 5, Section 5, Balboa Island, for a second story above a structure and for offstreet parking, Granted. was presented. On motion of Councilman Bennett, seconded by Councilman MacKay and carried, said variance having been approved by the Planning Commission, was granted by t'e Council. Variance No. 272 The Application for Variance No. 272 of the Macco Corporation and M. of the Macco Roberts, 1125 Dolphin Terrace, Corona del Mar, Lot 2, Tract 1700, for a Corporation and M., detached garage on the front half of said building site, was presented. Roberts 1125 On motion of Councilman MacKay, seconded by Councilman Wilder and Dolphin Terrace. carried, said variance, having been approved by the Planning Commission, Granted. was granted by the Council. Variance No. 27i The Application for Variance No. 273 of the Macco Corporation, 712 of the Macco Santana Drive, Corona del Mar, Lot 82, Tract 1700, for a detached garage Corporation, 712 on the front half of said building site, was presented. On motion of Santana Driveg Councilman MacKay, seconded by Councilman Wilder and carried, said Corona del Mar9 variance, having been approved by the Planning Commission, was granted Granted, by the Council. [1 1 1 The Application for Variance No. 274 of E. T. Healy, 113 - 15th Street, Newport Beach, Lots 279 and 28, Block 15, Section 15, for an 181' side yard setback, the requirement being 41, was presented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said variance, having been disapproved by the Planning Commission, was denied by the Council. The Application for Variance No. 276 of K. L. Davis, 704 South Bay Front, Balboa Island, Lot 3, Block 2, Section 29 Balboa Tract, for an 18" encroachment into a required 30" rear setback, and to supply additional offstreet parking, and enlarge the present garage, was presented. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, said variance, having been approved by the Planning Commission, was granted by the Council. The Application for Variance No. 278 of G. C. Pickering, 338 Holmwood Avenue, Newport Heights, Lot 15, Tract 1136, for a 10' front yard setback in place of a required 20° setback, was pre- sented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said variance, having been approved by the Planning Commission, was granted by the Council. The Application for Resubdivision No. 31 of the Jacton Corporation, Canal Section, Newport Beach, portion of Lot 8, Block 145, Canal Section, was presented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said resubdivision, having been approved by the Planning Commission was granted by the Council. Ordinance No. 773, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9255.24 AND 9255.28 OF THE MUNICIPAL CODE AND ADDING SECTION 9255.28(a) TO THE MUNICIPAL CODE, in connection with Planning Commission Amendment No. 17, was introduced. On motion of Councilman Bennett, seconded by Councilman MacKay and carried, the first reading of Ordinance 773 was waived. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, Ordinance No. 773 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 774, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN CITY - OWNED PROPERTY IN THE CITY OF NEWPORT BEACH9 in connection with Planning Commission Amendment No. 18, was introduced.' On motion of Councilman Bennett, seconded by Councilman Wilder and carried, the first reading of Ordinance No. 774 was waived. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, Ordinance No. 774 was passed to second reading by the following roll call vote to wit: AYES COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Variance No. 274 of E. T. Healy. 113 - 15th Street. Newport_ Beach. Denied, Variance Noo_ 276 of K. L. Davisa_ZO4 South Bay Front, Balboa Island. Granted. Variance No. 278 of G. C. Pickering, 338 Holmwood Avenue, Newport Heights. Granted. Resubdivision No. 31 of Jacton Corporation.' Granted. Ordinance No. 773. Amending Municipal Code. Ordinance No. _273 passed to second No. reading, Planning Commission Amendment No. 19, regarding Austin D. Sturtevant's request for zoning of portions of Lots 164, 1659 Block 35 from 1U1 to 'R -11, was presented. A discussion was had, Mr. Walter Longmoor speaking from the floor, and on motion of Councilman Bennett, seconded by Councilman Wilder and carried, said proposed amendment was referred back to the Planning Commission since the applicant now desires a different zoning classification for the area. Ordinance No. 775, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY.IN THE CITY OF NEWPORT BEACH, in connection with Planning Commission Amendment No. 20, was introduced. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, the first reading of Ordinance No. 775 was waived. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, Ordinance No. 775 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: NOES9 COUNCILMEN: ABSENT, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill None None Ordinance No. 7740 Changing zoning of City -owned proper, Ordinance passed to second read- ing. Planning Commission Amendment No. 19 re Austin D. Sturtevant. Ordinance No. 775. Changing_ zoning of certain real DroDerty. Passed to second reading. U11 Report of Mr. James ADDITIONAL BUSINESS Bids for truck for The Purchasing Agent, Mr. Don Means, presented three bids for a Humane Officer, truck for the Humane Officer, Police Department, from the following Police Department. bidders, to wit: Bidders. Theodore Robins - Ford $1887.90 obtained in compliance with the Council's request that the City ' Lou Reed - International 2008.50 Miller - Chevrolet 2033.25 Low bid of Theodore The recommendation of the Purchasing Agent to accept the low bid of Robins accented and Theodore Robins of $1887.90 was accepted and said purchase authorized authorized, on motion of Councilman Wilder, seconded by Councilman MacKay and Re eliminating Class carried, by the following roll call vote, to wit: needed being 2,820 feet of 24" water pipe and 4,770 feet of 16" AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, .7 70_fegt of 161' Ridderhof, Hill NOES, COUNCILMEN: None Councilman Bennett and carried, the plans and specifications were ABSENT, COUNCILMEN: None Trailer Park acilities The City Engineer presented plans and specifications for the Building re facilities building at the Trailer Park. On motion of Councilman advertising for bids. Stoddard, seconded by Councilman Ridderhof and carried, the plans and specifications were accepted and the City Engineer was authorized to call for bids and the City Clerk was authorized to advertise for AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, bids by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Report of Mr. James The City Engineer stated that he had conferred with Mr. James Community Montgomery. Montgomery and that Mr. Montgomery would have his report in the Sparks, addressed to the City Council of Newport Beach, and hands of the Council on March 10, 1956. This information was ' petitions, having been addressed to the Lido Isle Community obtained in compliance with the Council's request that the City Association, were given to Mr. Bunster Creely who was in the Engineer have Mr. Montgomery clarify his recent letter. Re adveritilasila& LOU The City Engineer presented plans and specifications for the seconded by Councilman Ridderhof and carried. bids on 2,d20 feet of furnishing and delivering of concrete cylinder pipe. The quantity Re eliminating Class " water i e and needed being 2,820 feet of 24" water pipe and 4,770 feet of 16" ' Schedule of positions in City service. On motion of Councilman. .7 70_fegt of 161' water pipe. On motion of Councilman Stoddard, seconded by water nine. Councilman Bennett and carried, the plans and specifications were accepted and the City Engineer was instructed to call for bids and the City Clerk was instructed to advertise for bids, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Re Edison Company The Acting City Manager reported that the Edison Company would proposal for the like to be informed as to whether or not the City would entertain a underground telephone proposal to sell the underground telephone and Edison Company and Edison Company System. The City Manager stated that the City might be benefited System. by being relieved of the responsibility of the maintenance of the system. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the Acting City Manager was instructed to contact the Edison Company and ask them to make a definite proposal. Replacing of pilings on Newport Island The City Engineer stated that eight pilings should be replaced in connection with the bulkheading on Newport Island bridge: The , bridge. Croft and City Engineer stated that Croft and Neville, Inc., will do the work Neville. Inca for $1,594. After discussion, in which it was brought out by certain authorized to do Council members that a second bid should be called for, on motion of the work. Councilman gilder, seconded by Councilman Ridderhof and carried, the City Engineer was authorized to employ Croft and Neville, Inc., to do this work for the sum of $1,594 by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, Higbie, Ridderhof, Hill NOES, COUNCILMEN: MacKay, Stoddard ABSENT, COUNCILMEN: None Petitions of Lido Isle The City Attorney stated that he had received a request to Community return the petitions which accompanied the letter of Mr. E. W. Association. Sparks, addressed to the City Council of Newport Beach, and which were presented at the meeting of February 13, 1956. Said petitions, having been addressed to the Lido Isle Community Association, were given to Mr. Bunster Creely who was in the audience representing the Lido Isle Community Association, and the letter was ordered filed, on motion of Councilman Wilder, seconded by Councilman Ridderhof and carried. Resolution No. 4451. The City Attorney presented Resolution No. 4451, being a Re eliminating Class resolution eliminating Class Grade No. 30 from the Salary No. 30 from salary ' Schedule of positions in City service. On motion of Councilman. schedule. Stoddard, seconded by Councilman MacKay and carried, Resolution No. 4451 was adopted by the following roll call vote to wit: AYES, COUNCILMEN: Wilder, Higbie, Ridderhof, MacKay, Stoddard, Hill Councilman Bennett passed his vote NOES, COUNCILMEN° None ABSENT, COUNCILMEN: None ' The City Attorney presented Resolution No. 4452, being a resolution establishing the salary of the City Manager pro tempore at 6949.c0 per month during the time Mr. T. B. Webb serves as City Manager. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4452 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Attorney presented Resolution No. 4453, being a resolution consenting to the commencement of annexation proceedings for that certain inhabited territory known as "Tustin Avenue and 22nd Street Annex ". On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4453 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 776, being AN ORDINANCE ADDING THE TERRITORY REFERRED TO AS "SEAQUIST ANNEX" TO THE FOURTH DISTRICT, was presented by the City Attorney. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the first reading of Ordinance No. 776 was waived. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Ordinance No. 776 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the meeting was adjourned, sine die. ATTEST: City Clerk it Cam & z mayor March 12, 1956 The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following members being present: Councilmen Bennett, Stoddard, Higbie, Ridderhof and Hill, Councilmen Wilder and MacKay being absent. On motion of Councilman Bennett, seconded by Councilman Ridderhof and carried, the reading of the minutes of February 24, 1956, was waived and they were approved as written and ordered filed. On motion of Councilman Bennett, seconded by Councilman Ridderhof and carried, the reading of the minutes of February 27, 1956, was waived and they were approved as written and ordered filed. Councilman Stoddard brought to the attention of the meeting that a deletion and correction would have to be made in the minutes of the meeting of February 20, 1956, in the paragraph regarding the Union Oil Company's application for a permit to extend an existing float installation located easterly of Agate Avenue on South Bay Front, Balboa Island. On motion of Councilman Stoddard, seconded by Councilman Bennett and carried, said paragraph was amended to read as follows: "The application of the Union Oil Company for a permit to extend the existing float installation located easterly of Agate Avenue on South Bay Front, Balboa Island, having been referred to the City Engineer, was presented by him with the recommendation, that the pier regulations be amended to include conditions as follows: Float installations will be permitted to extend to a line bayward of the U. S. project line between an angle point in the U. S. Pierhead Station 556 and a point 14 feet southwesterly of the project line in the southwestern prolongation of the center line of Agate Avenue and between said point and an angle point in the U. S. project line opposite U. S. Pierhead Station 558.1' R-41+52. Establishing salary of Cit Manager pro tempore. R -4453. "Tustin Avenue and 22nd Street Annex ". Ordinance No . �6 "Seacuist Annex ". Passed to second reading. Adjournment. Sine die. Regular session. Roll call. AAMroval of minutes.