HomeMy WebLinkAbout01/23/1956 - Regular Meeting131
On motion of Councilman Wilder, seconded by Council- Adiournment-
man Bennett and carried, the meeting was adjourned,
ATTEST-.
City Clerk
Mayor
January 23, 1956
The City Council of the City of Newport Beach met Regular Session.
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 Roll Call.
' present-. Councilmen Bennett, Wilder, MacKay, Stoddard,
Higbie and Hill, Councilman Ridderhof being absent.
On motion of Councilman Bennett, seconded by Approval of Minutes.
Councilman MacKay and carried, the reading of the min-
utes of January 91 1956 was waived and they were ap-
proved with corrections and ordered filed. On motion
of Councilman Bennett, seconded by Councilman Wilder
and carried, the reading of the minutes of January 16,
1956 was waived and they were approved as written and
ordered filed.
In the absence of the City Clerk, the Deputy City Bids for construction of
Clerk presented six bids for the construction of a bulkhead on a_portionLof
concrete bulkhead on a portion of the Rivo Alto at 38th Rivo Alto at 38th Street.
Street; whereupon, all bids were publicly opened, ex-
amined and declared, from the following bidders, to wit:
E. S. & N. S. Johnson
R. E. Staite
Gardner & McCall, Inc.
Trautwien Brothers
Ludbrook Construction
Croft and Neville, Inc.
$399731.00
14,868.76
22,980.00
17,288.5o
22,686.50
12,837.41
On motion of Councilman Bennett, seconded by Bids referred to City Engineeb
Councilman 1,�ilder and carried, the bids were referred for checking and report back
' to the City Engineer for checking and report back to to the Council.
the Council as to the lowest regular responsible bid.
The Mayor announced that this was the time and
place set for the hearing of the abandonment of cer-
tain Public Highway over Lot 24, Block 9, Tract 27,
in the City of Newport Beach. There were no objections
from the floor, and on motion of Councilman Bennett,
seconded by Councilman Higbie and carried, Resolution
No. 4432, being a resolution ordering the vacation of
the above described portion of Public Highway, was
adopted by the following roll call vote, to wits
AYES, COUNCILMENs Bennett, Wilder, Stoddard,
Higbie, Hill
NOES, COUNCILMEN-. None
ABSENT, COUNCILMEN° Ridderhof
(Councilman MacKay passing his vote.)
COMMUNICATIONS
A letter from the iploman °s Civic League of Newport
Harbor, dated January 17, 1956, reaffirming their unani-
mous approval of the acquisition of Lot A -34 and Block
C by the City for park and recreation use, was presented
On motion of Councilman Bennett, seconded by Councilman
Wilder and carried, said letter was ordered filed.
A letter from the Citizens Committee for Parks and
Flaygrounds,e- kpressing appreciation for the Council's
referral of the renewal of the Elks Club lease to the
City Park and Recreation Commission, and requesting
that all necessary measures be taken for the acquisition
Public hearing re certain
Public Hi hwa
R -4432 Ordering the vacation
of certain Public Highway_ovgb
Lot 24 Bl. , Tr. 2Z.
Woman's Civic League of�New_-
Por Harbor. reaffirming their
approval of the City's acquis
°tion of Lot A -34 and Block C.
Citizens Committee for Parks
and Playgrounds re Elks Uiub
Lease and the acquisition of
Lot A -34 and Block C.
of Block A -34 for the development of a well - planned
park program for the City, was presented. On motion
of Councilman Bennett,..seconded by Councilman Higbie
and carried, said letter was ordered filed.
Mary R. Cole and Walter E. The Deputy Clerk presented a letter from Mary R.
Cole, re the rabies or n- Cole and Walter E. Cole enclosing their detailed let -
ance. ter taking exception to the recent rabies ordinance,
and stating that a copy of said enclosure had been
given to the local paper so that any citizens who are
interested may be present at the meeting and speak
against the ordinance. On motion of Councilman Ben-
nett, seconded by Councilman Wilder and carried, said
communication was ordered filed with the other corres-
pondence pertaining to this matter.
Letters sent to various In connection with the same matter, ten letters
Councilmen re the rabies and a publication from the California Pet Owner's
ordinance. Protective League, Inc., sent to various members of
the City Council, from the following persons, were
presenteda Mrs. Charlene Ross (4), Mrs. Winifred W.
Kingsley (3), Louise M. Gallagher (2), and Mrs. G. H.
Fogle (1). On motion of Councilman Bennett, seconded
by Councilman MacKay and carried, said communications
were ordered filed.
Discussion regarding the
A discussion was held, and the following people
enforcement of compulsory
spoke from the floor protesting the enforcement of
vaccination of dogs against
compulsory vaccination of dogs against rabies as set
rabies , as set forth in
forth in Ordinance No. 767: Mr. Walter E. Cole, 3112
Ord. 767.
Lafayette Avenue, Newport Beach; Mr. R. A. Collins,
2800 Broad Street, Newport Beach; Mrs. Eleanor Rossdam,
405 E1 Modena Avenue, Newport Beach; Mrs. G. L. Woodard,
270 Walnut Place, Cost& Mesa; Mr. Karl S. Fietinghoff,
2106 Serrano Avenue, Balboa; Mr. William D. Mowrer, 447
Irvine Avenue, Newport Beach; and Mr. and Mrs. Harold
Baxter, 379 E. 2Cth Street, Costa Mesa. Joan Emch, 503
38th Street, and Dr. Paul T. Wise, President of the
Orange County Vetenarian Association, spoke in favor of
compulsory vaccination. On motion of Councilman Stod-
dard, seconded by Councilman Bennett and carried, the
City Attorney was instructed to research the possibil-
ity of amending this ordinance, if necessary, to give
relief to the people who might be endangering the lives
of their dogs with inoculation.
Copies of two Applications for .A 1 c o h.o l i c
Beverage Licenses were presented from John R. Pargmann
and Elizabeth F. Pargmann (adding wife's name per in-
structions from Sacramento), Seashore Ranch Market, 71CO
Coast Highway, and also from Bertha L. Banks and Paul
Banks, and Clarence R. Rustenbach and Virginia E. Rus-
tenbach (wife and husband added per instructions from
Sacramento), Banks Market, 2000 West Balboa Boulevard,
Newport Beach. On motion of Councilman Bennett, sec-
onded by Councilman Wilder and carried, said communica-
tions were ordered filed.
Audit Report submitted by The Deputy Clerk presented the Audit Report, sub-
and Company. deferred witted by Batzle and Company, which set forth a consoli-
until Council 'conferred ,pith dated statement of all series from July 1, 1954 to
C. Mgr re said audit. December 13, 1955 of the 1911 Act Improvement Bond
Transactions. On motion of Councilman Stoddard, seconded
by Councilman Wilder and carried, the approval of the
report was deferred until the Council conferred with the
City Manager to determine whether the audit was what was
requested.
�nic� tAu.ngp� Alco- A copy of Application for iA 1 c o h o l i c
hoiic NAyerage icense o Beverage License of Clarance L. Boardman and Rita D.
Clarence and Rita Boardman, Boardman (wife's name being added in compliance with
B_oa_rdman's Market. instructions from Sacramento), for Boardman's Market,
301 -03 Marine Avenue, Balboa Island, was presented. On
motion of Councilman Wilder, seconded by Councilman Mac-
Kay and carried, said communication was ordered filed.
Balboa Coves Community Assn. The Deputy Clerk read a letter from the Balboa
re unsanitary condition at Coves Community Association appealing for relief of an
Balboa Coves caused by sewer unsanitary condition existing at Balboa Coves caused
gas leakage. by sewer gas leakage, and stating that complaints have
been filed with Newport City Officials and the Orange
County Health Department. On motion of Councilman Ben-
nett, seconded by Councilman Stoddard and carried, this
matter was referred to the City Engineer.
Chamber of Commerce requesting The Deputy Clerk read a letter from the Newport
2. CC to comer expenses in- harbor Chamber of Commerce, in which a request was made
curred by the Chamber acting for the sum of $2,400 to cover expenses incurred by the
as the City's Publicity AZent.Chamber acting as the Publicity Agent for the City.
Granted. Said letter set forth some of the services rendered by
the Chamber during the past year. A discussion was held,
and Councilman MacKay moved that the request for $2,400
be denied until the Chamber of Commerce could show ex-
actly how the Chamber expected to spend the money.
Councilman Stoddard seconded the motion, and the motion
i
was defeated by the following roll call vote, to wit:
AYES, COUNCILMEN: MacKay, Stoddard
NOES, COUNCILMEN: Bennett, Wilder, Higbie, Hill
ABSENT, COUNCILMEN: Ridderhof
A further discussion was held regarding the above
matter, Ben Reddick speaking from the floor on behalf
of the Chamber of Commerce. On motion of Councilman
Wilder, seconded by Councilman Bennett and carried,
the request made by the Chamber of Commerce for $2,400,
to be paid by February 1, 1956, was granted by the
following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, Stoddard,
Higbie, Hill
NOES, COUNCILMEN: MacKay
ABSENT, COUNCILMEN: Ridderhof
The Deputy Clerk read a letter from Mr. Edward T.
Healy, Chairman of the Newport Beach Civil Service
Board, recommending that Mr. Robert L. Upson be rein-
stated in the Police Department in accordance with his
application. On motion of Councilman Bennett, seconded
by Councilman Wilder and carried, said recommendation
was approved.
The Deputy Clerk read a letter from the City
Manager stating that the City Electrician and the City
Engineer have recommended that the street lighting
conduit be replaced between "B" and "G" Streets on
Balboa Boulevard, while the sewer main is being replaced,
and requesting that the sum of $1,000 be appropriated
from Contingencies. On motion of Councilman Bennett,
seconded by Councilman Stoddard and carried, the above
request was granted by the following roll call vote, to
wit:
time.
AYES, COUNCILMENg Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
Mayor Hill declared a five minute recess at this
LICENSES
_Request of Chamber of Com-
merce granted.
Robert—L. Upson reinstated
in the Police Department in
accordance with his applica-
tion.
Street li htingconduit to
be replaced between "B" and
"G" Streets on Balboa Blvd.
$19COG to be appropriated
from Contingencies.
Five minute recess.
The Application for License of Raymond V. Charette Raymond V. Charette and
and Martin L. Weber for a service station at 3400 West Martin L. Weber for a service
Coast Highway, (being a change of ownership) was pre- station at 3400 W. Coast High
sented. On motion of Councilman Bennett, seconded by w. Approved.
Councilman Stoddard and carried, said license was ap-
proved.
The Application for License of Marion E. Daugherty Marion E. Daugherty for a
for a beach concession of "take out food ", soft drinks beach concession of "take out
and candy, 101C Shore Avenue, Corona del Mar, (being a food ", 1Cl0 Shore Ave.,CDM.
' change of ownership) was presented. On motion of Council- Approved.
man Bennett, seconded by Councilman MacKay and carried,
said license was approved.
The Application for License of
for Greyhound Snack Bar at 3206 Wes
the sale of sandwiches, soft drinks
change of ownership) was presented.
man Bennett, seconded by Councilman
said license was approved.
Joseph Jerry Scares Joseph Jerry Soares for Grey
t Coast Highway, for hound Snack Bar at 3200 West
and candy, (being a Coast Highway. Approved.
On motion of Council -
MacKay and carried,
The Application for Exempt License of Dorothy C.
Gant, 1626 Santa Ana, Costa Mesa, for house to house
solicitation of food supplement "Vitratax ", (orders to
be filled in Boston, Massachusetts) was presented. On
motion of Councilman Bennett, seconded by Councilman
MacKay and carried, said license was approved subject
to the approval of the City Attorney.
The Application for Exempt License of Dorothy C.
Gant, 1626 Santa Ana, Costa Mesa, for house to house
solicitation of Americana Encyclopedia, (orders to be
filled in New York City) was presented. On motion of
Councilman Bennett, seconded by Councilman MacKay and
carried, said license was approved subject to the ap-
proval of the City Attorney.
NEW BUSINESS
Dorothy C. Gant, 1626 Santa
Ara, Costa i°esa, for Exempt
License for house to house
solicitation of food suDDle-
ment "Vitratax ". Approved
subject to approval of C. Att
Dorothy C. Gant, 1626 Santa
Ana Costa Nesaior4 em
License or 'use o Ouse
sol'ici a ion of ericana
Encyclopedia. Approved sub-
ject to approval of C. Atty.
The Deputy Clerk presented Resolution No. 44309 R -4430 Calling for a general
being a resolution calling for a general municipal m p e icia ect;ion o e neld
election to be held on the 10th day of April, 19569 on t e l t aay of April, l ;h
and authorizing the City Clerk to take the necessary
steps. On motion of Councilman Bennett, seconded by
IM
Councilman Wilder and carried, Resolution No. 443C was
asopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
ReaDDointmen of Mr Robert Mayor Hill recommended the reappointment of Mr.
Hurwitz to the Library Board.. Robert Hurwitz to the Library Board for a term of
four years. On motion of Councilman MacKay, sec-
onded by Councilman Bennett and carried, this reap-
pointment was approved.
City Attorn_e_v instructed to The City Attorney presented a motion which had been
render his opinion in writing passed by the Library Board of Trustees. On motion of
to the Council as to the pro- Councilman Stoddard, seconded by Councilman MacKay and
per fundtions and duties of carried, the City Attorney was instructed to render
the Library Board. his opinion in writing to the Council as to the proper
functions and duties of the Library Board as set forth
in the Board's motion.
Proposed Golden-Anniversary Mayor Hill presented a cut of a proposed seal to
Seal accepted. be used by the City of Newport Beach during the Fiftieth
anniversary year. The seat was prepared by the Newport
Harbor Net:.,s -Press without charge. On motion of Council-
man MacKay, seconded by Councilman Bennett and carried,
the seal was approved with grateful thanks to the News
Press.
ZONING
Variance No. 262 of Glenn P. The Application for Variance No. 262 of Glenn P.
Coit, 1401 W. Balboa Blvd., Coit9 1401 West Balboa Boulevard, Lot 279 Block 14,
Lot 279 B1. 14, Tr. 234. Tract 234, for a 1'6" side yard setback, the require -
Denied., ment being 3', was presented. On motion of Councilman
Bennett, seconded by Councilman Wilder and carried,
said variance was denied by the Council in concurrence
with the Planning Commission's recommendation.
Variance No. 264 of Richard The Application for Variance No. 264 of Richard
Kay, e ys venue, B. Ray, 311 Amethyst Avenue, Balboa Island, Lot 31,
l o Island, Lot 31, Block Block 179 Section 3, for a 1°10T"' side yard setback,
17, Section 3. Granted. the requirement being 3', was presented. In addition,
an excessive front yard setback of 54' is proposed.
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.
Variance No. 265 of Dargin W. The Application for Variance No. 265 of Dargin W.
mith 928 `�. Balboa Blvd., Smith, 928 West Balboa Boulevard, Newport Beach, Lots
Lots 15 and 16, Block 109, 15 and 16, Block 109, Section 'B', for a 3' side yard
Section 'B'. Granted, setback, the requirement being 41, was presented. On
motion of Councilman Wilder, seconded by Councilman
Bennett and carried, said variance, having been approved
by the Planning Commission, was granted by the Council.
Variance No. 266 of Phillip The Application for Variance No. 266 of Phillip I.
I. Carlson, 4304 W. Seashore Carlson, 4304 West Seashore Drive, Newport Beach, Lots
Drive, Lots 3 and 49 Block 3 and 4, Block 43, River Section, 3d addition, for a 3'
43, River Section. Granted. side yard setback, the requirement being 41, was pre-
sented. On motion of Councilman Bennett, seconded by
Councilman Wilder and carried, said variance, having
been approved by the Planning Commission, was granted
by the Council
Variance No. 267 of the Macco
The Application for Variance No. 267 of the Macco
Corp,, 721 Patolita Dr., Lot
Corporation, 721 Patolita Drive, Newport Beach, Lot 739
739 Tract 1700. Granted.
Tract 17CC, for a detached garage on the front half of
the building site, was presented. Or. motion of Council-
man Bennett, seconded by Councilman MacKay and carried,
said variance, having been approved by the Planning
Commission, was granted by the Council.
Variance No 268 of the Mateo
Corm 1536 Dolphin Terrace,
The Application for Variance No. 268 of the Macco
pp
Lot Q, Tract 1701, Granted.
Corporation, 1530 Dolphin Terrace, Newport Beach, Lot
48, Tract 1701, Irvine Terrace, for a detached garage
on the front half of the site, was presented. On mo-
tion of Councilman Bennett, seconded by Councilman Mac-
Kay and carried, said variance, having been approved
by the Planning Commission9was granted by the Council.
Resubdivision No. 21 of the
ewpor ar or Lu eran
The Application for Resubdivision No. 21 of the
Church._ 2501 Cliff Drive,
Newport Harbor Lutheran Church 2501 Cliff Drive New -
p 9 9
re a portion of Lot A, Tr.
port Beach, regarding a portion of Lot A, Tract 919,
919. Granted.
was presented. The Church would like the privilege
of selling off the southwesterly 10C' to the owner of
the site now occupied by the Malone Electric. The
Malone Electric required.additional land to the rear
of their property for more efficient operation (storage
and auto parking). Access shall be off the Coast High -
way. 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.
The Application for Resubdivision No. 27 of The
Irvine Company, Box 37, Tustin, regarding Lots 1 to
4 inclusive, Tract 2094, and Lots 1 to 4 inclusive,
Tract 2984, was presented. The Irvine Company wishes
to increase the size of these building sites. On
motion of Councilman Stoddard, seconded by Councilman
' MacKay and carried, said resubdivision, having been
approved by the Planning Commission, was granted by
the Council and the City Clerk was authorized to sign
Tract Map 2984.
The Application for Resubdivision No. 28 of C.
W. Masters, 140 Fernleaf Avenue, Corona del Mar, re-
garding Lots 17 3, one half of Lot 59 Block 335,
Corona.del Mar Tract; Site 1, all of Lot 1 and south-
westerly 121 of Lot 3; Site 2, northeasterly 18' of
Lot 3 and southwesterly one half of Lot 5, was pre-
sented. The request is for the legal establishment
of the two building sites described above. On motion
of Councilman Bennett, seconded by Councilman MacKay
and carried, said resubdivision, having been approved
by the Planning Commission, was granted by the Council.
ADDITIONAL BUSINESS
In connection with the bids for the construction
of a concrete bulkhead on a portion of the Rivo Alto
at 38th Street, which had been referred to the City
Engineer earlier in the meeting for checking and re-
port back to the Council, the City Engineer recommended
that Croft and Neville, Inc., the lowest regular res-
ponsible bidder, be awarded the contract. On.motion
' of-Couhcilman Wilder, seconded by Councilman MacKay
and carried, Resolution No. 4431, being a resolution
awarding the contract for the construction of a con-
crete bulkhead on a portion of the Rivo Alto, to Croft
and Neville, Inc,, at the prices named in its bid, was
adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
The City Engineer presented Resolution No. 44339
being a resolution approving the Third Amendment for
Maintenance of State Highways in the City of Newport
Beach, between the City of Newport Beach and the
Department of Public Works of the State of California,
effective November 14, 1955. On motion of Councilman
Bennett, seconded by Councilman MacKay and carried,
Resolution No. 4433 was adopted by the following roll
vote, to wits
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN.; Ridderhof
' Mr. Donald Means, Purchasing Agent, presented
tire and recapping bids for the City of Newport Beach
for a period of one year, effective February 1, 19569
and recommended that the award be made to the low bid -
der, Howard Ryan Tire Service. On motion of Council-
man Bennett, seconded by Councilman MacKay and carried,
Mr. Means was authorized to accept said bid by the
following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, .
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
Mr. Donald Means, Purchasing Agent, presented
gasoline bids for the City of Newport Beach for a
period on one year, effective February 9, 1956, and
recommended that the award be made to the low bidder,
the Texas Company, in the amount of 6.2079 per gallon.
On motion of Councilman MacKay, seconded by Councilman
Bennett and carried, Mr. Means was authorized to ac-
cept said bid by the following roll call vote, to wit:
in
Resubdivision No, 27 of The
Irvine Comoanv, Box 37, Tus-
tin, re Lots 1 to 4 inclusive,
Tr. 2094, and Lots 1 to 4 in-
clusive, Tr. 2984. Granted.
City Clerk authorized to sign
Tract Nap 2984,
Resubdivision No. 28 of C. W.
Masters, 14C Fernleaf Avenue,
CDM, re Lots 15 39 Y of Lot 59
Block 335, et cetera.
Granted.
-4411 Award Contract to
Croft and Neville Inc, for
the construction of a concrete
bulkhead on the Rivo—AiTZ7 at
ath Street
R -4431 Apnroviag the Third
Amendment fog Maintenance of
State Highways in the City of
Newport Beach.
Tire and recaroina bids for
the Cit�for one year. awarded
to Howard Rvan Tire Service.
Gasoline bids for the City for
one vear..awarded to the Te_x_as
Comnanv, -�..
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
The Acting City Manager, Mr. Bert Webb, presented Re residential requirements
T two letters from Mr. Edward T. Healy, Chairman of the o clas_sifed_emplo
yees of the
Civil Service Board, recommending that Section 16 of City.
Ordinance No. 511 be amended to eliminate the restric- C, Atty, instructed to prepare
tion on classified employees of the City from living an amendment to Ord. 511 elim-
outside the- territorial limits of the City, and that inating said restriction.
W
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill ,
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
Re: Holidays. City Attorney The City Attorney brought to the attention of the
instructed to prepare an meeting that the following holidays were included in
amendment to 0 -751 re holi- the State Government Code which affects all State and
days. County employees: February 12th and 22d, September 9th
and October 12th. On motion of Councilman MacKay, sec-
onded by Councilman Higbie and carried, the City Attor-
ney was instructed to prepare an amendment to Ordinance
No. 751 that would conform to the provisions in the
Government Code relating to State and County Holidays.
February
Section 17 of Ordinance No. 511 concerning eligibility
1956 declared
affected by receipt of pensions be deleted. On mo-
as a �eeal
tion of Councilman Stoddard, seconded by Councilman
holiday. C. Mgr.
Wilder and carried, the City Attorney was instructed
instructed
to prepare such an amendment to Ordinance No. 511 pro-
man MacKay and carried, the City Council approved a
viding these recommendations would not conflict with
the
the City Charter.
,
R -4414 _Agreement between. the
Resolution No. 4434, being a resolution approving
City of Newport Beach and the
an agreement regarding the community recreation pro -
Newl�ort Beach bchool District,gram between the City of Newport Beach and the Newport
re the communitv__recreation
Beach School District, and authorizing the Mayor and
program.
the City Clerk to execute said agreement, was presented.
further requesting that the State proceed with the
On motion of Councilman Stoddard, seconded by Council-
acquisition of Block "C ", owned by Mr. Bruce Hall, and
man Bennett and carried, Resolution No. 4434 was adopted
in the event that Mr. Hall does riot accept the State's
by the following roll call vote, to wit:
offer, based on its latest appraisal, then the State
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
should be instructed to proceed with condemnation.
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
R -4435 mCanceling and terminat- Resolution No. 4435, being a resolution canceling
ang an greemen o ease,
and terminating an "Agreement of Lease ", by and between
etween City an ie ar or
the City of Newport Beach and the Harbor Teen - Canteen,
Teen-Canteen , Inc.
Inc., and authorizing the Mayor and the City Clerk to
execute said agreement, was presented. On motion of
Councilman Bennett, seconded by Councilman Wilder and
carried, Resolution No. 4435 was adopted by the fol-
lowing roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill ,
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
Re: Holidays. City Attorney The City Attorney brought to the attention of the
instructed to prepare an meeting that the following holidays were included in
amendment to 0 -751 re holi- the State Government Code which affects all State and
days. County employees: February 12th and 22d, September 9th
and October 12th. On motion of Councilman MacKay, sec-
onded by Councilman Higbie and carried, the City Attor-
ney was instructed to prepare an amendment to Ordinance
No. 751 that would conform to the provisions in the
Government Code relating to State and County Holidays.
February
22.
1956 declared
A discussion was held regarding the above matter
as a �eeal
A -34 and Block "C" in Corona del Mar. On motion of
holiday. C. Mgr.
and, on motion of Councilman Wilder, seconded by Council -
instructed
to work out a plan
man MacKay and carried, the City Council approved a
whereby
the
City Hall tele-
proclamation by the City Manager declaring February 22,
phone would
be answered on
1956 to be a legal holiday. On motion of Councilman
special
holidays.
Stoddard, seconded by Councilman Wilder and carried,
National Bank, owner of a portion of Block A -34y and
further requesting that the State proceed with the
the City Manager was instructed to work out a plan
acquisition of Block "C ", owned by Mr. Bruce Hall, and
in the event that Mr. Hall does riot accept the State's
whereby the City Hall telephone would be answered on
offer, based on its latest appraisal, then the State
should be instructed to proceed with condemnation.
special holidays.
City Attorney instructed to
The City Attorney brought to the attention of the
prepare a letter to Mr. John
City Council the matter of the acquisition of Block
Hennessey re the ac uisition
A -34 and Block "C" in Corona del Mar. On motion of
of Block A -3 and Block "C"
Councilman Stoddard, seconded by Councilman MacKay and
_n CAM.
carried, the City Attorney was instructed to prepare
,
a letter to Mr. John Hennessey, State of California,
Division of Beaches and Farks, stating that the City of
Newport Beach is ready and willing for the State to go
into condemnation proceedings against Mr. Harry Taylor,
owner of a portion of Block A -34 and the Citizens
National Bank, owner of a portion of Block A -34y and
further requesting that the State proceed with the
acquisition of Block "C ", owned by Mr. Bruce Hall, and
in the event that Mr. Hall does riot accept the State's
offer, based on its latest appraisal, then the State
should be instructed to proceed with condemnation.
Expense account of City At- The Acting City Manager presented an expense ac-
torney re his trip to Sacra- count in the amount of $75.81 covering expenses incur -
mento re City Retirement red by the City Attorney on his trip to Sacramento re-
prroblems approved. garding City Retirement problems. On motion of Council-
man MacKay, seconded by Councilman Higbie and carried,
said expense account was approved and if legally possible,
the expenditure is to be appropriated from the State
Retirement Fund, by the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay,
Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Ridderhof
Adjournment. On motion of Councilman Bennett, seconded by '
Councilman Higbie and carried, the meeting was adjourned
until Friday, January 27, 1956 at the hour of 10:00 A.M.
r
n
ATTEST:
Mayor
January 27, 1956
137
The City Council of the City of Newport Beach met Adiourned Regular Session.
in adjourned regular session in the Council Chambers of
the City Hall at the hour of 10:00 A.M.
The roll was called, the following members being Roll Call.
present: Councilmen Bennett, Wilder, Stoddard, Higbie,
Ridderhof, and Hill, Councilman MacKay being absent.
LICENSES
In the absence of the City Clerk, the Deputy City
Clerk presented the Application for License of Henry
Plascencia, 2530 West Coast Highway, Newport Beach, for
a parking lot adjacent to his restaurant, known as
"Henry's Grill." On motion of Councilman Wilder, sec-
onded by Councilman Bennett and carried, said license
was referred to the City Manager for investigation and
report back to the Council.
ADDITIONAL BUSINESS
Councilman Stoddard read the following proposed
amendment to Section 1402 of the Charter: "There shall .
be reserved forever to the people the public use of a
strip of bay front land above mean high tide not less
than 85 feet in depth of the City -owned water front pro-
perty, bounded on the west by the southeasterly line of
Nineteenth Street and bounded on the east by a line
parallel thereto lying 349.90 feet northwesterly of the
northwesterly line of Fifteenth Street, said frontage
to be Bay Front frontage." Councilman Stoddard moved
that Resolution No. 4436, being a resolution incorporat-
ing said proposed amendment and providing that said
amendment be submitted to the voters in the general
municipal election to be held April 10, 1956, be adopted.
Councilman Wilder seconded the motion. A discussion
was held, Mr. Harold Glass, Mr. Edward T. Healy, Mr. A.
K. Phelps, and Mr. Arvo E. Haapa, speaking from the
floor. The Deputy Clerk read a letter from the Citizens
Committee for Parks and Playgrounds, Harold Glass,
Chairman, expressing their approval of the above pro-
posed amendment. Resolution No. 4436 was adopted by
the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Stoddard, Higbie,
Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: MacKay Wilder (temporarily
absent]
The matter of the Interim Water Report was brought
to the attention of the meeting. On motion of Council-
man Stoddard, seconded by Councilman Bennett and car-
ried, the Interim Water Report which was prepared by
Mr. James M. Montgomery, the Consulting Engineer on
water problems, was accepted, and Mr. Montgomery was
instructed to.carry,.onand produce the final report, by
the following roll call vote, to wit:
AYES) COUNCILMEN: Bennett, Stoddard, Higbie,
Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: MacKay Wilder (temporarily
absent]
Henry Flascencia, 251C West
Coast Hi hwa , for a parking
lot -adjacent to his restaurant,
Ref, to C. Mgr, for investiga-
tion and report back to the
Council.
In ri Wat_ar R�nort si�bmi d
by James Montgomery was acce
and Mr. Mon_tgomery was auth. t_
carry on and produce the final
report.