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HomeMy WebLinkAbout05/28/1956 - Regular MeetingMay 28, 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. Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, and Hill. On motion of Councilman Ridderhof, seconded by Councilman Higbie Amproval of and carried, the reading of the minutes of May 21, 1956, was waived and minMtes of-May 21. they were approved as written and ordered filed. On motion of Councilman and Mare. 195 . Ridderhof, seconded by Councilman Higbie and carried, the reading of the minutes of May 14, 1956, was waived and they were approved as written and ordered filed. On motion of Councilman Ridderhof, seconded by Councilman Hart and RegulaI� order of carried, the regular order of business was waived in order to take up the business waived. Helipot question. The City Attorney stated that he had received a written request from "Heft Annex" Helipot Corporation asking that the hearing on the matter of the annexation _hea_rzig_cbntinued of the Helipot property be continued to the next regular Council meeting of to June 11. 19 June 11, 1956, and that the time for filing protests be continued to that time. He stated that he understood that_a similar verbal request had been received from the Cagney interests. Councilman MacKay stated he thought this should be the last extension of time for.hearing on this matter. On motion of Councilman Higbie, seconded by Councilman Hart and carried, said request was granted. The Mayor announced that this was the time and place for the opening �Biddo eninq� for of bids for the resurfacing of certain streets in Corona del Mar, and xesurfacin cer- _s_Tn Harbor Island Road. Main CIN and Harbor_ The Clerk announced that two bids had been received. Said bids were Island Road. ' then publicly opened, examined and declared, from the following bidders: Sully - Miller Contracting Company $8,216.27 2 bids received. R. J. Noble Company 79681.21 The City Engineer recommended that the contract for said work be RA494. Award of awarded to R. J. Noble Company. On motion of Councilman MacKay, seconded contract to R. J. by Councilman Ridderhof and carried, the recommendation of the City Noble Co. Engineer was accepted. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4494, awarding the contract in the amount of $7,681.21, for said work to R. J. Noble Company, and authorizing the Mayor and City Clerk to execute said contract, was adopted by-the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Ridderhof, seconded by Councilman Stoddard Return to regular and carried, the meeting was returned to the regular order of business. order of business_ COMMUNICATIONS The Clerk announced that letters and cards which were pro and con Letters pro and regarding Ordinance No. 782 had been received, and stated that communications con re Ordinance from the following named persons had been received in favor of the adoption ' of Ordinance No. 782 regarding business license fees: Elizabeth W. Waltze, Mrs. Jane Curtiss, Mrs. Howard Light, Jess McDonald, Kay Staaf, Mrs. Edwin Corbin, Mrs. A. M. Pettitt, Edith Negus, a letter bearing an aggregate of 134 signatures. The Clerk read said letter which requested eliminating the operations of the Fun Zone and the Rendezvous Ballroom, and the acquisition of these properties by the City for a park and municipal auditorium. A letter from Herb F. Kenny was read. Letters from the following people who opposed the adoption of said ordinance were read: Balboa Improvement Association by Orville H. Schlueter, President; Mr. and Mrs. Edwin Draper; Mr. and Mrs. Don Phillips; Jaye D. McKalson; Gerald S. Hunter; Cleve Cartmill, Manager of the Viking Hotel; Charles A. Westphal; Walter E. Dilley; and Max Hurwitz. The card from Edith Negus in favor or the ordinance was read. Councilman Stoddard asked how many similar cards had been received. The Clerk counted eight. A letter from Mrs. Nelson Pringle favoring the ordinance was then read. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said cards and letters were received and ordered filed with any others received on the matter. Mr. Roland F. Vallely, 508 South Bay Front, Balboa Island, spoke from R. F. Vallely the floor and stated that he didn't object so much to the amount of speaking from the increase in tax as he did to the way it was being done. He believed that floor re Ord.'No. it is morally wrong toadd.;up and tax the tools and equipment with which 7 2. a man works, and he protested the adoption of the ordinance. Mr. Martin of Harbor Island, stated that "the main issue here is Mr. Martin of whether or not the tax is adequate for the equipment we have in the Fun Harbor Island Zone" and further stated he did not believe the tax was adequate. spoke re tax. Councilman Stoddard suggested that the City Attorney explain the Exx�Ranatiom by principle under which the present ordinance operated and the principle Citv Attorney. under which the proposed ordinance will operate. The City Attorney stated that there is now a license tax on what has been determined to be the Fun Zone, and a license tax on the Penny Arcade, in a very minimum amount. Recently the City Council engaged the services of a survey company to survey the license setup in the City of Newport Beach. "Every type of machine (that is in the Penny Arcade) is licensed separately if it is not located.within the Penny Arcade, and this survey company recommended that every machine, regardless of where it is located, should be licensed separately, and that is what the proposed ordinance now provides." Explanation of Councilman Stoddard further stated that the survey included an Councilman Stoddard investigation of every other license fee in the City. There were very re investigation. few changes and those changes that were made, generally speaking, were just to bring fees that were very high,.down, and some few fees that were rather low, up, and level them all off at approximately $25.00. Councilman Stoddard also explained that under the present ordinance, "the contractor's fees varied from, let us say, $100.00 to $25.00, under the new ordinance the contractor would pay $25.00 for each type of business in which he engaged, such as $25.00 for an electrical license and $25.00 for a plumbing license." Councilman Stoddard said that one of the inequities under the old ordinance was a nominal blanket charge for the Penny Arcades, whereas each machine operated outside of the Penny Arcade was charged $25.00 per machine. The Fun Zone blanket charge was $250.00. Councilman Stoddard further stated that early in the year we were advised that the "operators over there" had not paid their license. We found later, after investigation, that this was a matter of interpretation. It could be that they had satisfied the Code, if it were brought into a court of law. We put this in the hands of our City Attorney. Councilman Stoddard requested that the City Attorney make a statement on this. Statements of City The City Attorney stated that Councilman Stoddard had covered the Attorney subject very well. He pointed out that the ordinance as it was on the books was poorly drafted and was subject to interpretation. It was thought that the ordinance should be considered by the J. L. Jacobs Company for recommendation. Further explanation Councilman Stoddard stated that he did not wish to infer that the as to no final con- matter of the so- called license argument had been settled as no final clusion being conclusion has been reached on the matter. He further pointed out there reached. were other inequities in the Code that needed straightening out. Councilman Stoddard's Councilman Stoddard stated that when an ordinance is introduced, explanation re it is up to the Council to decide whether or not to waive the first r®ading.of ordinances. reading of the ordinance or to read it. Since, in the instance of the introduction of Ordinance No. 782, it would be necessary to have the Code in front of each person to refer to every section to determine just which sections had been changed by the ordinance, the reading of this particular ordinance would have resulted in no one knowing pre- cisely what it meant. He further pointed out that tonight was the first official hearing on said ordinance, although it had been discussed at the Council meeting held May 21, 1956. He stated that there were two ordinances to be discussed this evening, i.e. Ordinance No. 781, which is an ordinance regarding changes in the Code covering Penny Arcades, and Ordinance No. 782 regarding changes in the entire business license Code. Discussion between Max Hurwitz, attorney representing the owners of the property Max Hurwitz and leased to the three Penny Arcades, spoke from the floor. He stated Councilman Stoddard, that he understood Councilman Stoddard wished to ask him some questions. Councilman Stoddard said that Mr. Hurwitz's letter, presented earlier in the meeting, indicated the increases and fees under the new ordinance, but that he was not impressed with the increases, and that he wished to know just how serious this is to the various businesses. He further stated it is not the Council's intent to pass a confiscatory ordinance but it is its intent to equalize license fees as they are not now equalized. Mr. Hurwitz presented Mr. Hurwitz stated that he could best answer Councilman Stoddard's charges of other question by asking each of the Penny Arcade operators how the license would cities. affect each one. He also stated that the license fees for similar operations in Huntington Beach were $12.50 per year and the charges in Long Beach and San Diego were comparable. He then called upon Mr. Harold W. Hannaford, Mr. Richard Sandoval, and Mr. James Marksity, for statements. Statement of Mro Mr. Hannaford stated he would be forced to close, that he could not Eannaford. make an adequate living, and he offered to show his books to any member of the Council for examination. Statement of Ar. Mr. Sandoval also stated that he could not possibly operate under Sandoval. the new ordinance fee charged since he was "working on pennies." Statement of Mro Mr. Marksity stated that the ordinance would put him out of business Marksitya and that he could not open on July 1st under the new ordinance. Mr. Hurwitz offered Mr. Hurwitz stated that the cost for a Penny Arcade operation in the further thoughts of City of Long Beach per year was the sum of $2+5.00, Santa Monica charges Penny Arcade $150.00 for the entire year, Oceanside $65.00 per quarter, San Diego aeratorso $125.00 per quarter. Mr. Hurwitz, representing the property owners, Al Anderson, who leases to Mr. Hannaford; Judge Linnell who leases to Mr. Marksity; and J. B. McNally, who leases at present to Paul Blair, but which contract is being purchased by Mr. Sandoval, stated for the record ;�`' f that each of the lessees involved has stated that he could not operate his business at a profit under the new ordinance. Mr. Hurwitz further stated that the property owners are faced with property that will be vacant, leases that cannot be fulfilled, and as a result their property will immediately depreciate greatly in its market value. Councilman Stoddard said that such a statement was strictly a supposition. Mr. Hurwitz stated that it was their opinion that the property would greatly depreciate. Councilman Stoddard requested that a substantial part of this record be This record to be put in the minutes of this meeting so that it is a matter of public record entered in the for all time. Councilman Ridderhof stated he thought the full body of it minutes as a matte should be entered, without leaving any thought out. of public record. Councilman MacKay suggested that the City Attorney read the emergency Discussion re Ordinance No. 786. A discussion was had as to the order in which the order of adoption ordinances should be adopted. The City Attorney explained that Ordinance of ordinances. No. 781, referring to deleting Penny Arcades from the Code, should not be adopted, and that Ordinance No. 782 should be adopted prior .to adopting Ordinance No. 786. The Mayor explained that the emergency Ordinance No. 786 would grant a license to the Arcades up to October of 1957. Council- man Stoddard moved that the second reading of Ordinance No. 782 be waived. Said motion was seconded by Councilman MacKay and carried. Councilman Wilder stated that Mr. Sam Kinsfather was in the audience Discussion by Mr. to discuss the plumbers license fee. Mr. Kinsfather spoke from the Kinsfather re floor, stating that he was speaking on behalf of plumbing contractors in plumbers license the area of the City of Newport Beach, and that they desired that the fee. license fee remain at $100.00 instead of being lowered to $25.00, as proposed by Ordinance No. 782. He was questioned as to his reasons for said request. After a lengthy discussion was had, no definite commitment was made by Mr. Kinsfather as to his reasons for requesting that the license fee remain at $100.00. Mr. J. W. Cammack of the Newport Ice Company, spoke from the floor, Mr. Cammack spoke stating that he understood that under the proposed ordinance.that "in from the floor addition to a business operation paying a City license, they will be also re wheal tax. taxed a $25.00 per year wheel tax for every truck or car that they use in the operation of their business. If that is correct, I can't see it because that's double taxation." Councilman MacKay stated that he thought Mr. Cammack came under the manufacturing classification rather than the wheel tax. Mr. Cammack further stated that the ordinance specifically stated that if you wish to use a truck in the delivery of your goods or in the handling of your goods, you pay a $25.00 a year wheel tax. He stated that he would have to pay a license to do business at his plant and also pay a wheel tax to deliver the article after he manufactures it. Council- man Hart inquired of the City Attorney whether a man engaged in manufacturing and having a manufacturing license under Section 6268b is also required to have a license for each vehicle. Is he paying double lax there? Is that the intent of this ordinance? Councilman MacKay stated that it was not the intent. A discussion was had, and the City Attorney stated that the new General dis- ordinance did not change the old ordinance except to raise the wheel tax cussion re wheel from $15.00 to $25.00, but that Mr. Cammack would operate as before. Council- tax. man Wilder explained that if you are a manufacturer you are taken out of the wheel tax classification. The City Attorney stated that, if under the old ordinance Mr. Cammack was not required to pay a wheel tax in the past, he would not be required to pay one under the new ordinance and that those required to pay a peddler's tax in the past and a wheel tax would still be required to pay a peddler's tax and a wheel tax. ' Mr. Kinsfather again spoke from the audience and again he was asked as Mr. Kinsfather to why he wished the license fee to remain at $100.00 instead of being speaking. reduced to $25.00. After considerable discussion, he stated that "they didn't want outsiders coming in." On motion of Councilman Stoddard, seconded by Councilman MacKay Motion to adopt and carried, the second reading of Ordinance No. 782 was waived. Council- Ordinance No. man Stoddard moved that Ordinance No. 782 be adopted. Councilman MacKay seconded the motion. Councilman Hart asked whether or not it was understood that Ordinance Discussion re No. 786 would be adopted if Ordinance No. 782 was adopted. Councilman Ord. Stoddard stated he was not guaranteeing anything. Orva Haapa spoke from the floor and inquired, "Is it understood by Mr. Haapa spoke me and the audience that you are now voting to increase the licenses as the floor. originally proposed for the Arcade ?" Councilman Stoddard replied that the fees would be increased. Mr. Haapa stated that the fees would be confiscatory and Councilman Stoddard stated this was a matter of opinion. A discussion was had by Mr. Hurwitz and Council members as to whether Discussion re or not it was the intent of the City to purchase the Fun Zone and the un Zone and Rendezvous for park and civic purposes through a bond issue or through a ended zvous tax measure and by means of which the property owners would be fully properties. compensated. Councilman Ridderhof stated that he would be willing to vote in Statements of ' favor of Ordinance No. 782 only if Ordinance No. 786, the emergency Councilmen ordinance, would also be adopted. Councilman Wilder stated he was not in Ridderhof and sympathy with Ordinance No. 782 as far as the Fun Zone and amusement zone Wilder re are concerned, as it is incorrect and unjust to the people who are ordinances. rp 4 operating those businesses. "We are forcing private enterprise out of business. Our way of going about it is not right, delaying it for two years will not make it one whit better. I am going to oppose both ordinances, No. 782 and No. 786." Statements from Councilman Ridderhof stated that he was opposed to Ordinance Councilman Ridderhof No. 782 in principle. In view of Mr. Wilder's statement he felt as re further study of Mr. Wilder did. He thought that the matter could be discussed further ordinance matter. and that they would come up with a better idea. Mr. Westbhal and Mr. Mr. Charles A. Westpahl spoke from the audience, stating that he Kramer speaking from didn't think it was proper to adopt this ordinance. Mr. Arthur Kramer the audience. spoke from the floor and stated that he would oppose any $1,000,000 bond issue to purchase land. Ordinance No. 782 Councilman MacKay stated that it was his understanding that adopted. Ordinance No. 786 would be adopted upon the adoption of Ordinance No. the floor. Ord. No. 782. Mayor Hill called for a roll call vote and Ordinance No. 782 was 7 1 denied. adopted by the following roll call vote, to wit: AYES, COUNCILMEN: MacKay, Stoddard, Higbie' Hill NOES, COUNCILMEN: Hart, Wilder, Ridderhof ABSENT, COUNCILMEN: None Readin off_ Ord. No. The Clerk then read Ordinance No. 786. A discussion was had. 7 6. Councilman Ridderhof stated this was a corrective measure and he would vote for it since Ordinance No. 782 had passed. Councilman MacKay moved that Ordinance No. 786 be adopted. Said motion was seconded by Council- man Higbie. Councilman Wilder stated that Ordinance No. 786 just makes Recess. legal what he believes is an improper action. Mr. Hurwitz stated that C. Wilder excused. adoption of Ordinance No. 786 would at least allow everyone to plan for the future. Councilman MacKay stated that Ordinance No. 786 was being presented at the request of the concessionaires. Mr. Hurwitz stated it should be clear the concessionaires were making the best of a bad situation by having two years rather than 30 days to salvage their investments. Judge Linnell spoke from the audience and stated that he had not requested the decision arrived at. Discussion on Ord. It was brought out that the proposed adoption of emergency Ordinance No. 766.1 No. 786 was a solution arrived at in a meeting attended by Mayor Hill, Councilman MacKay, Mr. Davis, Mr. Hurwitz, some of the concessionaires and some of the property owners. Discussion re plan It was further brought out that a recommendation had been made to purchase property that the City purchase the real property involved for a park and that for municipal the Rendezvous be purchased for a municipal auditorium. Mayor Hill murposes. stated that there would have to be a means found to expedite that plan. It was merely a plan suggested and would take considerable study. Mr. Vallely re Mr. Vallely spoke from the floor protesting the business license boats. ordinance in regard to boats. Roll call vote on Mayor Hill requested the roll call vote on Ordinance No. 786. The Ordinance No. 296. roll was called with the following vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Wilder ABSENT, COUNCILMEN: None Motion to deny Ord. Ordinance No. 781 was presented, and Councilman MacKay moved that No. 7810 Ordinance No. 781 be denied. Said motion was seconded by Councilman Stoddard. Mr. Reddick and Mr. Mr. Ben Reddick inquired whether the licensees would now pay their Haapa speaking from licenses to the City rather than to Al Anderson. The City Attorney the floor. Ord. No. replied that in his opinion they would. Mr. Haapa inquired as to the 7 1 denied. effect of the ordinance on pinball machines in the Penny Arcade, and it was brought out that the pinball machines in the Penny Arcade could remain as they are until October of 1957. Mayor Hill requested the roll call on the motion to deny Ordinance No. 781. Said motion carried by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Recess. Mayor Hill declared a three minute recess at this time. C. Wilder excused. Councilman Wilder left the meeting at this time. Woman's Civic League A letter from the Woman's Civic League of Newport Harbor, commending re imbrovements in the Council for the recent improvements in restroom facilities at Big restroom facilities Corona Beach, was presented, and ordered filed on motion of Councilman at Big Corona Beach. Hart, seconded by Councilman Ridderhof and carried. Woman's Civic League A letter from the Woman's Civic League urging that positive action re clearing title of be taken to clear title of the Bayside Drive area, for future park develop - Bayside Drive area, ment, was presented. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, this communication was referred to the City Manager to inform the Woman's Civic League of the action which has been taken and of the difficulties that have been encountered. A letter from California Sewage and Industrial Wastes Association re- Ca1.Sewage andR garding the conference in Los Angeles to be held October 8 - 11 1956, was Wastes Assoc. con- presented, and was ordered filed on motion of Councilman Ridderhof, seconded Terence. by Councilman Hart and carried. A letter from J. R. Thompson, stating that because of a misunderstanding ' of the date of discussion, he was not present at the Council meeting to present arguments for the granting of Variance No. 284. A discussion was had, Mr. Thompson speaking from the floor. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, Mr. Thompson was granted the privilege of being heard at the Council meeting of June 11, 1956, in regard to Variance No. 264. A letter from Informational Services Officer, USMC, requesting that sound equipment for the advertising of a dance and rodeo be allowed in Newport Beach. On motion of Councilman MacKay, seconded by Councilman Hart and carried, this matter was referred to the City Manager for answering. Councilman Ridderhof recommended that the citizens support this Navy Relief Society program. A copy of a resolution of the Board of Supervisors of Orange County, dated May 15, 1956, stating that all taxes, penalties, and costs levied by the County of Orange are cancelled in regard to the property at the main beach in Corona del Mar, was presented. On motion of Councilman MacKay, seconded by Councilman Hart and carried, this letter was ordered filed. The Clerk read a letter from the League of Civic Associations re- questing consideration and instructions be given by the City Council regardin the following projects: (1) Channel Place Park- (2) Lido Park; (35 planted area, known as Begonia Park; and (4) Waler Frontage, known as Elks Club parking lot. Said letter called attention to certain hazards on Ocean Front, between 12th and 13th Streets, due to buckled sidewalks, and commended the City Council on recent improvements being ' made in the City. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the letter was referred to the City Manager for consideration and discussion with the City Attorney, and for answering. The Clerk read a letter from the League of Civic Associations re- garding the removal of Pacific Electric tracks and offering information regarding the Pacific Electric facilities in Long Beach, Huntington Beach, and Santa Ana, and requesting that the City Council give long and earnest study to the problems involved. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Ben Reddick spoke from the floor, giving information as to the con- tribution made by the City of Santa Ana, Long Beach, and Huntington Beach, in the removal of tracks and the construction of Pacific Electric facilities. The Clerk read a letter from Orville H. Schlueter, President, Balboa Improvement Association, requesting that the Golden Jubilee committee be authorized to expend $1 000.00 for fireworks for the annual fireworks display in Balboa on My 41 1956. A discussion was had, Colonel Andrew Smith speaking from the floor, and remonstrating the expenditures of funds by the Council through the Chamber of Commerce. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, the recommendation that the Chamber of Commerce purchase said fireworks as suggested by the Balboa Improvement Association, was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES COUNCILMEN: None ABSENT, COUNCILMEN: Wilder The Clerk read a letter from Captain Cyrus M. Tucker, Sportfishers° Service Association, Inc., protesting the increase in City license fees for charter fleets under the new ordinance. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said letter was ordered filed. The Clerk read a letter from Robert R. Hurwitz, Secretary of the Library Board of the City of Newport Beach, requesting that the library be allowed to retain its present gardener, and if this is not allowed, that the gardening work should be paid for by the Park and Recreation Fund and not by the Library Fund. A discussion was had, Mr. Robert Hurwitz and Mr. Arthur Kramer speaking from the floor. It was explained that the $2,440.00 on the Library Fund budget for custodian and gardener consisted of $1,440.00 for the gardener, $1,000.00 for the custodian, and that the $1 440.00 charged for the gardener would be transferred as an expenditure under the Park Department budget and would result in a surplus of $19440.00 on the Library Fund budget. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the letter was ordered filed. The Clerk read a letter from the City Manager recommending that the Bodily-Injury Limits on the City °s Comprehensive Liability policy be increased from $250,000/500,000 to $500,000/1,000,000, at an additional ' cost of $520.00 per annum. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said recommendation was accepted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES COUNCILMEN: None ABSENT, COUNCILMEN: Wilder J. R. Thompson._rc Var. No. 2844 _- ranted re- hearing June 11. 19 56 . Navy Relief Society re oer- mission to adver- tse dance and rodeo. Res. of Bdo of Sur Oranae _Eo.. x°e_ali taxes, penalties and costs cancell- ed at CDM beach. Leal., ue of Civic Associations re Pacific Electric problems. Mr. Reddick from the floor re Pacific Electric. Fireworks to be urchased b the Golden Ju Iles Committee. Protest from SportfishersB Service Assoc. re new ordinance. Library Board re retaining their gardener. Bodily Iniur Limits on City °s .Li COmpability Insurance increased. t Discussion re life- Councilman Stoddard requested that some action be taken regarding guard tower at the lifeguard tower at Rocky Point. The City Manager stated he would Rocky Point. take care of the matter. x.500 allocated to The Clerk read a letter from the City Manager requesting that the City Clerk - Treasurer sum of $3,500 be allocated from the Unappropriated Reserve Fund to o erational budget supplement the City Clerk- Treasurer operational budget for the year , for 1 6. 1955 -56. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said request was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder LICENSES Bob Dalton for The application for license of Bob Dalton, Inc., for cocktail cocktail lounge lounge and restaurant at 3450 Via Oporto, being a change of ownership, and restaurant. was presented, and approved, subject to Health Department approval, on motion of Councilman MacKay, seconded by Councilman Higbie and carried. Ralph Mvreha for The Application for License of Ralph Myrehn, for hamburger concession hamburger con- at 605 Edgewater Street, Balboa, being a change of ownership, was pre- cession. seated, and approved, subject to Health Department approval, on motion of Councilman MacKay, seconded by Councilman Hart, and carried. Lawrence Scott The Application for License of Lawrence Scott, for Surf Fish Fry ' for Surf Fish at 2110 West Ocean Front, Newport Beach, (fish and chips, shrimp Fry. hamburgers, soft drinks), being a change of ownership was presented, and approved, subject to Health Department approval, on motion of Councilman Hart, seconded by Councilman MacKay and carried. Michael M. Schenck The Application for License of Michael M. Schenck, for a grocery ' for grocery store. store at 2112 West Ocean Front, being a change of ownership, was pre - sented and approved, subject to Health Department approval, on motion of Councilman Hart, seconded by Councilman MacKay and carried. ADDITIONAL BUSINESS Minute resolution Mayor Hill stated that a discussion had been had regarding the re communications to presentation of communications for the Council to the City Clerk at the City Councils last moment before Council meeting, and stated that it was desirable to have the communications in the hands of the City Clerk on the Friday prior to the Council meeting on Monday evening, so that they could be placed on the agenda and studied by the Council over the week end. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, it was, RESOLVED, that all communications for the Council meeting on Monday evening should be in the hands of the City Clerk by noon on the Friday preceding said Council meeting. This resolution will become effective July 1, 1956. Discussion re Mayor Hill stated that it would be necessary to appoint an auditing appointment of firm to serve the City for the fiscal year of 1956 -57, and stated that auditink firm the Council has used Ira N. Frisbee and Associates to do some work this for 1 - year and is considering using this firm as auditors. A discussion was ' had, and on motion of Councilman Ridderhof, seconded by Councilman Hart and carried, this matter was referred to the City Attorney and the Director of Finance. Mayor re permission Mayor Hill requested permission to leave the City and State for to leave City and ten days. On motion of Councilman MacKay, seconded by Councilman State. Stoddard and carried, said permission was granted. Oath of Office of The Oath of Office of Robert E. Lombard, Harbor Patrolman, was Robert E. Lombard_. presented, and approved on motion of Councilman Stoddard, seconded by Councilman Higbie and carried. Oath of Office of The Oath of Office of John F. Haun, Special Officer, meter main - John F. Haun. tenance, was presented, and approved on motion of Councilman Stoddard, seconded by Councilman MacKay and carried. Ann. of Keesee Tank & The Application of Keesee Tank & Pump Company for Permit to install Pump Company for per- pump and tank at "Newport Harbor Boat Rentals ", 201 East Coast Highway, Wit. approved by the Fire Prevention Bureau, was presented, and approved on motion of Councilman Hart, seconded by Councilman MacKay and carried. Ord. N09779. Ordinance No. 779, being AN ORDINANCE AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLE X, CHAPTER 11 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH Adoption of Ord. No. 779 re Harbor (Harbor Regulations) was presented. The Mayor announced this was the time and place for hearing on this ordinance. No one spoke from the ' R_eg_ulations. floor and Mayor Hill declared the hearing closed. On motion of Council- man Hart, seconded by Councilman Ridderhof and carried, the second reading of Ordinance No. 779 was waived. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said ordinance was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN. None ABSENT, COUNCILMEN: Wilder 1 J Ordinance No. 780, being AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY AND KNOWN AS 16TH STREET ANNEX was presented. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the second reading of Ordinance No. 780 was waived. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Ordinance No. 780 was adopted by the following roll call vote, tc wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Ordinance No, 783, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH 213 Ord. No. 780. °116th Street Annex" MoRtion off Ord. No. 7k Ord. No. 783. Zoning changes. (Zone R -3 to R -1) was presented. On motion of Councilman MacKay, seconded Passed to second by Councilman Ridderhof and carried, the first reading of said ordinance was re din and hear - waived. On motion of Councilman Hart, seconded by Councilman Ridderhof and Hin own June 11, carried, said ordinance was passed to second reading and public hearing on 1.956. June 11, 19569 by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Wilder Ordinance No. 784, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH Ord. No. 784. Zoning changes. (Zone "U" to R -1 -B) was presented. On motion of Councilman MacKay, seconded Passed to second by Councilman Hart and carried, the first reading of said ordinance was reading_ an hear- waived. On motion of Councilman Hart, seconded by Councilman MacKay, said ing on June 11, ordinance was passed to second reading and public hearing on June 11, 1956, 1 by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Ordinance No. 785, being Ord, No, 785, AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGING THE NAME OF A CERTAIN STREET (LaPerle Place to Margaret Drive), was presented. On motion of Councilman Passed to second MacKay, seconded by Councilman Hart and carried, the first reading of said reading and hear - ordinance was waived. On motion of Councilman MacKay, seconded by Council- ing on June 11. man Hart and carried said ordinance was passed to second reading and public 1 hearing on June 11, 1956, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder ZONING The Application for Variance No. 290, Fred I. Grimes, 205 - 34th Street, Fred I. Grimes. Ne,aport Beach, Lot 22, Block 1341 Lake Section, Zone R -2, for an encroach- Var. No. 290. ment of 51 into a required 101 rear yeard setback was presented, and having been approved by the Planning Commission, was granted on motion of Council- man Hart, seconded by Councilman MacKay and carried. The Application for Variance No. 291, J. N. Goode, del Mar, Lot 10, Block A -32, Tract Corona del Mar, Zone variance of 41 plus a 21 eaves, which shall extend into setback, was presented, and, having been approved by th was granted on motion of Councilman Ridderhof, seconded and carried. 1305 Way Lane, Corona J. N. Goode, R -1, for a rear yard Var. No. 291 . the required 101 rear Planning Commission, by Councilman Higbie The Clerk read a letter from Gordon S, Richmond, Attorney, representing Harry J. Bauer, Harry J. Bauer, and requesting this his application for Variance No. 292 be Var. No. 292. withdrawn without prejudice. A discussion was had, and it was decided to pass on the matter at this time. On motion of Councilman MacKay, seconded by Councilman Higbie and carried, said application, having been denied by the Planning Commission, was denied. The Application for Variance No. 294, Charles W. Masters, 2610 Seaview, Charles W. Master- Corona del Mar, S. E. 591 of Lots 2 and 4, Block 232, Tract Corona del Mar, Var® No. 29 Zone R-3, for an encroachment of 17' into a required 201 front setback, was presented, and, having been approved by the Planning Commission, was granted on motion of Councilman Stoddard, seconded by Councilman MacKay and carried, " i i City Clerk stated The City Clerk stated that a Summons and Complaint had been served Summons and Complaint on her on May 24, 19562 in the case of Browning vs. the City of Newport had been served in Beach, Municipal Court of Santa Ana - Orange Judicial District, Case No. case of Browning_ vs. 4330. She announced that the Summons and Complaint had been referred the Cityo to the insurance carrier for proper pleading by their attorneys. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said action was approved. Hearing on proposed Mayor Hill announced this was the time and place to continue the 1 budget. hearing on the proposed 1956 -57 budget and the Director of Finance was requested to explain the proposed Capital Outlay Fund. The Director of Finance stated that there are two alternatives in the offing to obtain the necessary revenue to acquire the necessary Capital Improvements. Result of increase of (1) If the property tax rate of the General Fund Revenue property tax rate n- is increased from .75 to ..97 the increased revenue $12M26. This crease from .7 to .97. will equal approximately will make Expenditure portion the total available funds for Capital Improvements of Exhibit A adopted and Acquisitions $525,429• as Capital Improve= The first (7) seven items, Page 39, Exhibit A, ment. totalling $242 000 are considered to have priority, and the remaining estimated balance of $283,429 would be available for other projects forthcoming. Result is given if (2) If the present tax rate of .75 for General Fund resent tax rate re- Revenue remains the same, the balance in item (8) mains at . . allocated for additional projects will be $153,703. established. Exhibit B, Items 8, 9, and 10, are the anticipated steps to be made in the Pacific Electric projects. To accomplish the anticipated steps in the Pacific Electric projects and other capital improvements, a bond assessment might be necessary. Allocation of moneys The subject of the allocation of moneys for the Pacific Electric for Pacific Electric project was discussed by Mr. Ben Reddick, and he pointed out that this project discussed by was a City -wide project of benefit to the entire City of Newport Beach Mr. Ben Reddick. and that a $29500,000 assessed valuation would accrue to the tax rolls when the Pacific Electric land was subdivided. Trash collection fees The matter of surveying and analyzing domestic and commercial trash discussed. collection fees was discussed; Colonel Smith, L. W. Covert, and Arthur Kramer, speaking from the floor. Expenditure portion On motion of Councilman Stoddard, seconded by Councilman Ridderhof of Exhibit A adopted and carried the expenditure portion of Exhibit A on page 39 of the pro - as Capital Improve= posed 1956 -�7 budget, was adopted as the Capital Improvement portion of ment. the new 1956 -57 budget by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder .22 tax rate After further discussion, on motion of Councilman Stoddard, seconded established. by Mayor Hill and carried, a .22 tax rate in addition to the regular rates proposed in the 1956 -57 budget was established, the revenue benefit to be allocated to the Capital Outlay Fund, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Plans for Lido Isle The City Engineer submitted, with his recommendation, the plans and judging platform specifications for a judging platform for the Lido Isle Community approved. Association pier. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said plans and specifications were approved. R -4495 commending_ Resolution No. 4495, being a resolution commending Walter E. Dyson as Walter E. Dyson. a law enforcement officer in the Police Department, of the City of Newport Beach for a period of twenty- five.years, retiring said Walter E. Dyson as Assistant Chief of Police,�and extending sincere appreciation for his out- standing service and a sin66re wish that he have a speedy and complete recovery, was presented, and on motion of Councilman Stoddard, seconded by Councilman MacKay, was unaminously carried. (Mr. Wilder was absent from the meeting and his vote was obtained soon thereafter.) R =4496 re Bayside The City Manager presented a letter from the County Surveyor and Road Drive improvement Commissioner, County of Orange, regarding the improvement of Bayside Drive to come from City °s around the Upper Bay in the City of Newport Beach. Since the road is in share of gasoline bad condition, said letter suggests that the City and County co- operate on a tax funds. project to reoil the existing roadway; estimates the cost of the job to be $14,400, the County's portion being $5,400 the City's portion being $9,000; and suggests that the City's portion.-be paid from the share of gasoline tax funds available from the County. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, Resolution No. 4496, being a resolution requesting that the County appropriate the City's portion of the cost of the proposed improvement from its share of the gasoline tax funds available from the County, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard Higbie, Ridderhof, Hili NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder The City Engineer presented the bids of Louis Markel and Al Markel for the construction of sidewalks in the Trailer Park, in the respective amounts of .29 per square foot and .39 per square foot. He recommended the acceptance of the low bid of Louis Markel. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, authority was granted the City Engineer to accept the low bid of Louis Markel in the approximate amount of $2,600, ' by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder 1 Bid of Louis Markel ( '2. CO) accented for construction of sidewalks in Trailer Park. The City Engineer stated that the permission had been requested for a Montery 011 2" water main for the Monterey 011 Company's new well site and he recommends reeuest _fora 211 making this connection. On motion of Councilman MacKay, seconded by Council- water main. man Hart and carried, approval was given for said water connection. The City Engineer presented the request of Helipot Corporation for Helipot Corpor- the installation of a 3/4" temporary water connection. On motion of Council- ation re ucest, man Ridderhof, seconded by Councilman Stoddard and carried, authority for for a 3 a°' water this water connection was granted. connection. Councilman Higbie presented a petition signed by the merchants of Balboa Island requesting the extension of parking laws two blocks west of Park Avenue, from Marine to Balboa Avenue, and enforcing one hour parking from 9:00 A.M. to 6:00 P.M., seven days a week all year. Councilman Higbie stated that in a survey of the parking situation, none of the business men wished to have parking meters installed. Chief of Police Upson spoke from the floor and said that it would take twice the manpower now available to strictly enforce the law as requested. On motion of Councilman Higbie, seconded by Councilman MacKay and carried, this matter was referred to the City Manager with instructions to comply with the request of the petitioners by the following roll call vote, to wit: AYES, COUNCILMEN: MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Hart, Stoddard ABSENT, COUNCILMEN: Wilder On motion of Councilman Ridderhof, the meeting was adjourned. ATTEST: City Clerk Mayor�'�� June 11, 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 -011 was called, the following members being present: Councilmen Hart, Wilder M,MaacKay, Stoddard, Higbie, Ridderhof, and Hill. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the reading of the minutes of May 28, 1956, was waived, and they were approved as corrected and ordered filed. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the regular order of business was waived to open bids. The Mayor announced this was the time and place for the opening of bids for the construction of a comfort station near Buck Gully Beach in Corona del Mar. The Clerk announced that two bids had been received. Said bids were then publicly opened, examined, and declared, from the following bidders, to wit: R. L. Steinmetz The Martins $6,325.00 7,287.00 The City Engineer recommended that the contract for said work be awarded to R. L. Steinmetz. On motion of Councilman'Stoddard, seconded by Councilman MacKay and carried, the recommendation of the City Engineer was approved. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Resolution No. 4499, being a resolution awarding the contract in the amount of $6,325.00, for said work, to R. L. Steinmetz, and authorizing the Mayor and City Clerk to execute said contract, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None /ABSENT, COUNCILMEN: None Ad9ournment. Regular session. Roll call. Ao royal of May 28 19� . minutes. Regular order of business waived. Opening of bids for construction of comfort station Buck Gully Beach. Two bids received. Bidders. R -4499. Award of contract to R. L. Steinmetz.