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HomeMy WebLinkAbout07/23/1956 - Regular MeetingJuly 23, 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 MacKay, seconded by Councilman Hart and Approval of carried, the reading of the minutes of July 9, 1956, was waived, and they minuteso were approved as written and ordered filed. The Mayor announced that this was the time and place for the opening Opening of bids of bids for the installation of a sprinkler system in the City -owned Trailer for installation Park. The Clerk announced that two bids had been received. Said bids were of sprinkler then publicly opened, examined, and declared from the following bidders, to system in Trailer wit: ark. John G. Hughes $69900.00 Two bidders. Sam Kinsfather 15,000.00 The City Engineer requested that the bids be referred to him for Bids referred-to examination and recommendation. On motion of Councilman.Stoddard, seconded City. Engineer> by Councilman Ridderhof and carried, said recommendation was accepted. The Mayor announced that the hour of 7 :30 o'clock P.M. having arrived, Hearing on West this was the time and place fixed by the City Council for the hearing of New ort Improve- protests or objections to the proposed changes and modifications as set men - R� llo forth in Resolution No. 4511, passed and adopted by this City Council on the 9th day of July, 1956. The Clerk announced that said Resolution No. 4511 was published in the Re affidavit of manner and form required by law and that the affidavit of publication is on publication. file in her office. The Mayor then inquired if any written protests or objections against No written pro- the proposed changes and modifications had been filed with the City Clerk fasts received, in said matter. The Clerk reported that no written protests had been filed with her prior to the time set for hearing. The Mayor then announced that this was the time and place set for the No oralprotests. hearing of protests or objections to said changes and modifications, as set forth in said Resolution No. 4511 hereinbefore mentioned, and asked if any one present desired to be heard in said _matter. No one present desired to be heard. On motion of Councilman MacKay, seconded by Councilman Wilder, and R -�5I, adopted. unanimously carried, Resolution No. 4519, being a resolution ordering changes and modifications described in Resolution No. 4511, was unanimously adopted, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart Wilder, MacKay Stoddard, Higbie, Ridderhof, Hill NOES COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Hill read a Statement of Council Policy and Intention Concerning Council policy_ Fixing of The Property Tax Rate for The Fiscal Year 1956 -57. On motion of on tax rate. Councilman Wilder, seconded by Councilman MacKay and carried, the following minute resolution was adopted: ' RESOLVED, that the following is a Statement of Council Policy and Intention Concerning Fixing of The Property Tax Rate for The Fiscal Year 1956 -57: The City Council has had under study since the early stages of preparation of the tentative budget for the 1956 -57 fiscal year, the subject of possible adjustments in the property tax rate in relation to the financing of capital improvements. At its meeting June 25, 1956, the City Council adopted the tentative budget, but deferred action on fixing the tax rate in order to give continued study to alternatives. During the period of budget preparation and at hearings on the tentative budget it was generally assumed and understood that the present property tax rate in combination with other City revenues would be sufficient to finance normal increases in the cost of City operations, plus capital outlays totalling $242,000 (as outlined on page 45 of the budget). It was further assumed and understood that the possible increase of 22 cents in the general purpose tax rate was under consideration as a source of funds to be set aside for anticipated but unprogrammed capital outlays, the most notable of which would be the long - planned acquisition of P. E. right -of -way and re- lated expenses. The revenue from the possible 22 cents general purpose tax increase, together with some $94,000 of Gas Tax monies already earmarked for P.E. acquisition, together with ' unappropriated general fund balances, would provide approxi- mately $282,000 of unappropriatedcapital outlay funds. To date the Council has not, by any official action, earmarked or otherwise restricted these proposed funds for any specific capital outlay purpose, although follow through with the P.E. acquisition program has been frequently mentioned as an appropriate use of such monies, and, through the City Attorney's office, negotiations with the P.E. have continued. MN Council policy on On July 19, 1956, the City Manager directed to the City Council tax rate. a report entitled "Analysis of Fund Balances and Amounts (Continued) Available for Capital Outlay and Other Purposes - Fiscal Year 1956 -57 ", a copy of which is filed herewith. The City Manager has also provided a revision of the status of cash funds reflecting actual balances as of June 30, 1956, and further reflecting the effect on such balances of charging thereto expenditure obligations incurred by the City during the period June 16 to June 30, 1956. Past practice, which is being changed on the recommendation of the City Manager and the City's independent auditor, was to charge such prior year obligations to the .succeeding year's budget. The reports from the City Manager show that, while the revised estimate of fund balances as of June 30, 1957, assuming a 22 cents tax increase, totals nearly $750,000, approximately $500,000 of this amount is restricted to special purposes. Approximately $300,000 is limited to purposes for which special tax levies exist or special funds have been created; $200,000 is reserved as a cash basis fund (as provided for in Section 1112 of the Charter). It has been further pointed out that if no increase in general purpose revenue is provided and the budgeted capital outlay program is carried out 1. General purpose fund balances on June 30, 1957, will be insufficient by normal standards of sound financial management for a City of this size. 2. Unbudgeted but necessary expenditures, totalling at least $100,000, cannot be financed. For example, without some increase in revenue, reserves for emergency repairs to the sewer system would not be available if required. Likewise, any catastrophe affecting the water pipe line system (independent of supply problems) could not be financed from water fund balances, and general funds would not -be available to support the water fund. Furthermore, studies undertaken since the preparation of the budget show clearly that a minimum 5% salary increase for most positions in the City service is called for at this time, if the City expects to recruit and maintain a properly qualified work force. Accordingly in order to maintain safe general purpose reserves at the end of the current fiscal year, and to provide for unanticipated expenditures not incl uded in the budget as adopted, it appears necessary to provide some increase in the general purpose property tax independent of reserves for capital outlay. After prolonged study of the problems of programming and financing needed capital improvements, the City Council has reached the conclusion that the interests of the City can be best served by inviting the assistance of a Citizens Committee. It is apparent that there are a great many capital improvement needs facing the City, some of which are obvious, and others which have not been closely examined but which are fast developing as the City grows. it is difficult for any City Council effectively to evaluate these needs, to determine their relative priorities, and to arrive at an appropriate financial program to meet them without the understanding, advice, and support of the citizenry. In this City as elsewhere, groups representing a cross- section of community areas and interests have been effective as a means of identifying fundamental city problems and aiding in their solution. The City Council believes, therefore, that it is appropriate to defer adoption of any major revenue measure exclusively for capital outlay purposes until, with citizen assistance, an appropriate program can be developed. This action necessarily delays by approximately one year an immediate attack on presently known capital outlay requirements, but assures a program based upon fuller public under- standing and public participation than is otherwise possible. It is the City Council's intention, therefore, to direct the City Manager to recommend the amount of upward tax adjustment required to meet current year requirements as discussed above, in order that the tax rate may be set accordingly by the Council at its meeting of August 13th. Soon thereafter, it is the Council's intention to initiate formation of the proposed Citizens Committee which, it is hoped, can work in close harmony with the Council, City boards and commissions, and the City's planning consultant, in developing, prior to the 1957 -58 fiscal year, a guide to the accomplishment of needed capital C� improvements. Council policy on tax rate. These actions are designed to further public understanding Continued of and participation in the conduct of a vital phase of the City's business. They in no sense diminish what the Council considers to be the necessity for a realistic, forward - looking attack on the problems of a growing City; ' nor do they alter the Council's faith that the taxpayers of this City are willing to pay for those things required to preserve what we have and to obtain what we need. It is this Council's firm position that the City's growth demands Claim of Benny prompt action to correct growing deficiencies and to avoid Dewain West to the consequences of negligence. We believe that this perpe ua t position is and will be supported by thoughtful citizens as Testimony of we progress with our program. COMMUNICATIONS The Clerk announced that 56 letters bearing 280 signatures had been Letters of pro - received regarding and opposing the proposed 22 cents increase in the test re proposed general purpose tax rate. Mayor Hill inquired of the audience whether or tax increase. not anyone wished his letter read. Mr. Howard Wright spoke from the floor and stated that in view of the fact that the Council had adopted the fore- going Statement of Policy, he thought it would be unnecessary to read any of said letters at this time. Mr. W. J. O'Keefe and Col. Andrew Smith spoke from the floor. There were no requests for letters to be read. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the 56 letters aforementioned were ordered filed and to be made available for the August 13, 1956, Council meeting. A letter from Dal Grettenberg requesting a permit to operate a public Rc uest of Dal address system at 610 Edgewater was presented. On motion of Councilman MacKay, Aidderhof GY°e tenberg for seconded by Councilman and carried, said request was up blic address ' granted, effective immediately through October 1, 1956. s sy tem. The request of J. B. McNally to operate a public address system at Request of_J._B. 705 Bay Front, Balboa, was presented. On motion of Councilman MacKay, McNa11Y fog seconded by Councilman Hart and carried, said request was granted, effective public address immediately through October 1, 1956. system. A letter from Lee Jonas, Secretary of Balboa Angling Club, requesting Request of Balboa a permit to operate a public address system at the Club House at the foot of Angling Club for A Street, Balboa, was presented. On motion of Councilman MacKay, seconded Pudic A_d_dress by Councilman Hart and carried, said request was granted, effective gXstem. immediately through October 1, 1956. Mr. Harold G. Polley, representing Balboa Pavilion, spoke from the Re_acuest of H. G. floor, requesting a permit for the operation of a public address system Polley a a at the Balboa Pavilion. Mr. Polley requested permission of the Council to Pavilion for submit a letter request for said permit. A discussion was had, and it was pu c a ress agreed to accept his request. On motion of Councilman MacKay, seconded by system. Councilman Hart and carried, said request was granted, effective immediately through October 1, 1956. The request of Clarence A. Higbie to be absent from the country for the Request of period between August 3 and September 4, 1956, and to be absent from Council Councilman Higbb:.s meetings on August 13 and August 27, was presented. On motion of Councilman to__be absent from MacKay, seconded by Councilman Wilder and carried, said request was granted. the country. The request of The Auxiliary of Hoag Memorial Hospital- Presbyterian Request _of Hoag to use the city property adjoining the Rendezvous Ballroom for parking Auxiliary to use ' during the Auxiliary's Fund Fair, from October 6 11:00 A.M., to October city property 7, 1:00 A.M., was presented. On motion of Councilman MacKay, seconded by _for parkinao Councilman Ridderhof and carried, this matter was referred to the City Manager with authority to take action in this matter. A letter from Dr. H. L. McCulloch protesting the increase in business Dr. H. L. license for the SeaCrest Motel, 2931 East Coast Highway, Corona del Mar, McCulloch protest was presented. On motion of Councilman Wilder, seconded by Councilman of SeaCrest Motel Ridderhof and carried, said letter was referred to the City Manager for increase in investigation, with the instruction that he contact Dr. McCulloch, business license* explaining that the business license ordinance is under study at this time. A copy of a letter addressed to the Police Department from T. A. Henry, Letter commend in President, Packers' Cold Storage, Inc., commending the Police Department on Police Depart - prompt attention to a disturbance at South Bay Front on Balboa Island, and ment. suggesting closer co- operation with the Harbor Department was presented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was referred to the City Manager. The Clerk presented a letter from Frank M. Linnell, Attorney at Law, Claim of Norman stating that Norman Armstrong was the victim of an accident on Newport Pier, Armstron�o June 2, 1956, when he fell from the pier and hit the piling; notifying the City that the mother, Grace Alexander, is making claim through this office against the City of Newport Beach for herself and on behalf of the minor child. A copy of said letter was delivered to Anich & Anderson on July 20, 1956. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the action of the City Clerk in referring this matter to the ' insurance carriers was confirmed and said letter was ordered filed. The City Clerk stated that she was served on July 199 1956, on behalf Claim of Benny of the City, In the Matter of the Application of Benny Dewain West, a Minor, Dewain West to by his Guardian ad Litem, Jewel West, and Jewel West, to Perpetuate the perpe ua t Testimony of Ronald Mitchell, Tom Lang, Robert L. Moore and Robert Shelton, Testimony of MM, certain City em- being Orange County Superior Court No. Misc. 278. On motion of Council- man MacKay, seconded by Councilman Wilder and carried, the action of the City Clerk in referring this matter to the insurance carriers on July 2C, 1956, was confirmed and said communications were ordered filed. App, for Tr, of Al. The copy of an Application for Transfer of Alcoholic Beverage Bev, License. License, Recreational Management, Inc., "Ernie's" 471 North Newport ' Recreational Manage- Boulevard, was presented and ordered filed on motion of Councilman ment, Inc.. "Ernie's ". Ridderhof, seconded by Councilman Wilder and carried. Hearing_ re Application A notice of hearing on August 15 1956, Mirror Building, Los of Soo California Angeles, before the Public Utilities commission of the State of Edison Co, for under- California, in the matter of the Application of Southern California Edison ground Schedule U. Company for authority to establish a new system -wide underground schedule to be known as Schedule U, was presented. The City Attorney stated that the matter was under study and that he would know by August 15th whether or not there were problems which the City should bring up. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said notice was ordered filed. Letter from Felix V, The Clerk presented a letter from Felix V. Braddi owner of Felix Braddi re his having Super Service, 1950 Newport Boulevard, Costa Mesa, staLng that he has a a Cit license to City license to operate his tow car in Newport Beach, but has not been opera a his tow car in called by our Police Department to use his service in any accident to date, Newport Beach, although he has all necessary.equipment. The City Manager stated that he had been in touch with the Police Department in connection with this matter. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the matter was referred to the City Manager for disposition. Secrest and Fish, Inc. The Clerk read a letter from J. D. Timmons, Vice President, Secrest Discussion re their and Fish, Inc., contractors, regarding their being required by the City's securing =A= building Building Department to secure a building permit for the construction of permit, the addition of the class room building at Newport Harbor Union High re improvement of School, and having to pay the fee involved. Mr. R. A. Glenn spoke from Bayside Drive, ' the floor and stated that it was customary, according to the records of Newport Beach, to request a building permit and charge a fee in matters of this nature. He further stated that the plans and specifications in this matter set such requirements. He recommended that the City require the payment of the fee and the issuance of a permit as was anticipated in the contract price and set forth in the plans and specifications. Mr. Hal Polley spoke from the floor, confirming the general practice as stated by Mr. Glenn. Mr. Arthur Kramer also spoke from the floor. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said request of the contractor to waive the issuance of the building permit and the fee required was overruled. Letter from P, B & R The Clerk presented a letter dated July 20, 1956, from the Parks, re Durchasina area in Beaches & Recreation Commission recommending that the City proceed jointly Harbor Highlands for with the School Board to purchase the 22 acres in the Harbor Highlands recreation use, area which the Irvine Company is offering for school, park, recreation and other public uses. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said letter was ordered filed. In connection with this matter, the Clerk read a letter from the Newport Beach Elementary Schools, enclosing a copy of a resolution adopted by the Board of Trustees of the Newport Beach Elementary School District, which was read by the Clerk and introduced as evidence of the desires of said School District. Said resolution sets forth that the said School District desires acquisition of a site not less than 8 nor more than 10 acres and requests the City to proceed with preliminary negotiations with Irvine Company to establish the price per acre and maximum acreage that may be acquired in the area mentioned. The City Manager stated that the Irvine Company should be advised of firm proposals in terms of acreage within six months. He also , stated that the Planning Commission and Planning Consultant will give their recommendations in this matter prior to this time. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, said communication was ordered filed. Letter from P. B & R A letter dated July 20, 1956, from the Parks, Beaches & Recreation re a recreation area Commission, stating that said Commission is in favor of a large around the proposed recreation area, 100 acres or over, around the proposed water reservoir reservoir, in the foothills north of Corona del Mar, was presented. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said letter was ordered filed. Acceptance of terms The Clerk presented a certified copy of a resolution of the Board and conditions as set of Supervisors of Orange County, adopted by said Board on July 3, 1956, forth in resolution of determining that the improvement of Bayside Drive from the Orange County Board of Supervisors line north to join the County road near Palisades Road adjacent to the re improvement of Upper Newport Bay in the City of Newport Beach is in the general interest Bayside Drive, of Orange County, and agreeing to grant $9,000.00 to Newport Beach out of the County's apportionment of the California User's Tax Fund, for said improvement, and stating that upon the written acceptance by the City of Newport Beach of the terms and conditions of said resolution, as more completely set forth, the Resolution of the City Council of the City of Newport Beach requesting aid, dated May 28, 1956, and all applicable laws shall constitute the agreement between the County of Orange and the City of Newport Beach respecting said grant. On motion of Councilman Wilder, seconded by Councilman Higbie and carried, the City Clerk was authorized to write the Board of Supervisors accepting the terms and conditions as , set forth in the resolution of the Board of Supervisors. W11111 The Clerk read a letter from the City Engineer recommending that the Acceptance of dredging work of Shellmaker, Inc., having been completed, be accepted. On Bred in work of motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, hellmaker Inc. said work was accepted. The Clerk read a letter from the City Engineer stating that the Acceptance of im- Griffith Company had completed the improvement work in the City -owned rovement work in ' Trailer Park, and recommended acceptance of said work. On motion of Council- railer Park of man Wilder, seconded by Councilman Higbie and carried, said recommendation was rif ith Company. accepted. The Clerk read a letter from the City Engineer stating that South Acceptance of Coast Construction Company had completed the construction of the facilities construction work building at the City -owned Trailer Park, and recommended that said work be In Trailer Park accepted. On motion of Councilman Wilder, seconded by Councilman MacKay of South Coast and carried, said work was accepted as recommended. Construction Co. LICENSES The Application for License of Hamilton P. Smith 235 Fairway Place H�Pa Smith for trill. Costa Mesa, for fountain grill at 202 Main Street, Balboa, sandwiches and foun a ni ice cream, being a change of ownership, was presented and approved, on motion of Councilman Ridderhof, seconded by Councilman Wilder and carried. The Application for License of Ronald Sanchez for service station at Ronald Sanchezg 1500 Balboa Boulevard, selling petroleum products, auto service minor service station. repairs and accessories, being a change of ownership, was presented and approved, on motion of Councilman MacKay, seconded by Councilman Wilder and carried. The Application for Exempt License of C. V. Wilson for house to house solicitation for selling Bronson shoes and Colt shoes, manufactured in Boston, Massachusetts, was presented and approved, on motion of Councilman Wilder, seconded by Councilman Hart and carried. Exempt License ox ilson for house to house solicitation. The Application for License of Al Forgit for parking lot at 2202 -2214 Al Forgit9for West Ocean Front, C -1 Zone, was presented and approved, on motion of Council- parking lot. man MacKay, seconded by Councilman Hart and carried. The Application for License of Homer M. Smith for parking lot at 200 Homer M. Smith. Palm Street, Balboa, C -1 Zone, being a change of ownership, was presented and parking lot . approved, on motion of Councilman MacKay, seconded by Councilman Wilder and carried. The Application for License of Alden Davenport, for service station and Alden Davenports garage at 48.8 North Newport Boulevard, Newport Beach, being a change of service station ownership was presented and approved, on motion of Councilman Wilder, and garage. seconded Ly Councilman Ridderhof and carried. ADDITIONAL BUSINESS The Clerk presented the oaths of office of the following: William H. Rick Reserve Police Officer- Donald Macdonald Jr., Reserve Police Officer; William A. Dosta, Reserve Police Officer; Angelo Michael Genco, Reserve Police Officer; William M. Mather, Reserve Police Officer; Carl J. Checos, Reserve Police Officer; and Walter C. Noller, Fire Marshal. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said oaths of office were approved. The City Manager presented a proposed revised rental agreement for ' Trailer Park leases, summarizing each paragraph. A discussion was had, Col. Andrew Smith speaking from the floor. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Resolution No. 4520, rescinding Resolution No. 4472, and authorizing the City Manager or his designated employee to execute Trailer Park leases, said form of lease being set forth as Exhibit A and attached to said resolution, 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 The City Engineer presented a proposal for the advertisement for bids for the construction of a wood fence and concrete wall at the Trailer Park. A discussion was had as to height and type of materials to be used on said fence, Mr. Edward Healy and Mr. Arthur Kramer speaking from the floor. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the Clerk was authorized to advertise for bids for fencing at the Trailer Park as recommended by the City Engineer. R -4520, re rental agreement for Trailer Park leases. Clerk authorized to advertise for fencing at the Trailer Park. Mayor Hill declared a five minute recess. Recess. The Clerk presented a request for authorization to purchase a Secretary Permission given Copying Machine at the cost of approximately $325.00. On motion of Council- to purchase man MacKay, seconded by Councilman Wilder and carried, said request was Secretary Copy- granted, the cost to be charged to City Hall - General, by the following ing machine. ' roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Manager requested authorization to select the best proposal Authorization to offered for washer and dryer installation at the Trailer Park on a temporary select proposa- basis. The City Manager anticipates submitting the concession agreement at for washer and dryer installation the next regular Council meeting in connection with this matter after Z Trailer Parka further investigation has been made. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said authorization was granted. Discussion re the The City Manager brought to the attention of the meeting, the necessity of necessity of raising the minimum water rates for the purpose of raisin minimum correcting two major deficiencies in the water system, one of which water rates, is the installation of the water main from 17th and Cliff Drive to 20th and Irvine; the "other is the crossing of the Channel with a 140, water main to eliminate serious problems of water quantity and pressure and to close a loop in the system, which corrections are recommended in the James M. Montgomery report. A discussion was had, Col. Andrew Smith, Mr. Arthur Kramer, and Mr. A. B. Cubbage, speaking from the floor. The possibility of having a bond issue for the pro- posed reservoir, which is needed by the City, was discussed, and the City Manager stated that he would determine whether or not it would be possible to have such a measure on the ballot in the General Election in November. - Ordinance No. Ordinance No. 793, being -M. AN ORDINANCE AMENDING SECTION 7211 Water rates. ESTABLISHING WATER RATES Ordinance No. 793 for the period commencing September 15, 1956, was presented. Said passed to second ordinance establishes the rate of $2.55 for the first 700 cubic feet reading, of water for a 3/4" meter. The rate for each additional 100 cubic feet of water is established by said ordinance at 12 cents. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the first reading of said ordinance was waived. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Ordinance No. 793 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Offer of Jacton The City Manager presented the offer of Jacton Corporation to purchase Corporation to pur- the City -owned property located on Balboa Boulevard, westerly of Channel chase property° Place, for the sum of $29000.00. A discussion was had and it was agreed, at the suggestion of Councilman Hart, that an appraisal of the property should be made by the Newport Harbor Board of Realtors at no cost to the City. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the City Manager was instructed to inform the Jacton Corporation that the City did not wish to sell the property at this time at the price offered. On motion of Councilman Wilder, seconded by Councilman Stoddard, and carried, this matter was referred to the City Manager to confer with Councilman Hart. Discussion re Parks, The City Manager recommended that the Parks, Beaches and Recreation Beaches & Recreation Department be enabled to use a public address system in its operations. Department using a He suggested that one manner of doing this would be by permit and one public address manner would be by amending the Municipal Code. On motion of Councilman steme Stoddard, seconded by Councilman Hart and carried, the City Attorney was instructed to draw up the necessary amendment to the Code to enable the Parks, Beaches and Recreation Department to use a public address system. Authorization to pay The City Manager requested authority to pay James M. Montgomery, dames M. Mont Omer $4,840.00 for soil investigation and geological study for the proposed 9 840 for soil reservoir site, to be paid from Council Contingency Fund. On motion of investigation. Councilman.MacKay, seconded by Councilman Ridderhof and carried, the City Manager was so authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ord, No. 794 presented The City Manager expressed appreciation to the citizens of Newport to regulate and Beach for their co-operation in the voluntary curtailment of the water restrict use of water supply. He stated that the situation was very serious and that it would and-granting powers be wise to have an emergency ordinance adopted regulating and restricting to City Manager, the use of water in an emergency and granting powers to the City Manager to enforce said regulations and, at his discretion, to proclaim such emergency. The City Attorney read Ordinance No. 794, being AN ORDINANCE REGULATING AND RESTRICTING THE USE OF CITY OF NEWPORT BEACH WATER IN CASE OF EMERGENCY AND THE GRANTING OF POWERS TO THE CITY MANAGER OF SAID CITY. Ordinance No, 794 On motion of Councilman Ridderhof, seconded by Councilman MacKay adopted, and carried, said ordinance 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 Discussion re water A discussion was had, Hans Broering, Paul A. Golden, and Mrs. Roy situation. E. Hallberg speaking from the floor. Hans Broering stated that his service station had been complying with the request to discontinue washing cars but he was aware of the fact that the car wash service rendered by a firm doing just that, was still operating. He was requested to contact the City Manager to attempt to work out an arrangement satisfactory to all those concerned. The City Attorney presented Resolution No. 4521, authorizing the Director'of Finance to charge prior' year obligations to unapportioned reserves, from the 1940 Pier Bond Fund, 1936 Sewer Bond Fund, and 1915 Act Bond Fund. On motion of Councilman Ridderhof, seconded by ' Councilman Stoddard and carried, said resolution 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 The City Attorney presented Resolution No. 4522. At the close of the fiscal year ending June 30, 1956, there were accounts payable and payrolls due in various FUND accounts. Resolution No. 4522, authorizes the Director of Finance to pay the amounts due as of June 30, 1956, out of the respective Funds chargeable, and if there are insufficient moneys in said Funds, to pay the remaining amounts due out of general or contingent funds. On motion of Councilman Wilder, seconded by Council- man MacKay, and carried, Resolution No. 4522 was adopted by the follow- ing roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, ,COUNCILMEN: None The City Engineer presented Resolution No. 4523, being a resolution approving the map showing a portion of certain streets and alleys in Section B Newport Beach, proposed to be vacated, closed up and abandoned in the Trailer Park. On motion of Councilman Ridderhof, seconded by ' Councilman Wilder and carried, Resolution No. 4523 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 Mr. Edward Healy spoke from the floor. The City Engineer presented Resolution No. 4524, being a resolution of intention to abandon certain streets and alleys in Section B Newport Beach, proposed to be vacated, closed up and abandoned, and setting August 13, 1956, as the date of hearing thereon. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4524 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 The City Attorney presented Resolution No. 4525, being a resolution expressing the thanks and appreciation of the City for the unselfish and sincere manner in which W. C. "Mac" MacDonald has continually planned, beautified and maintained parks and public grounds of this City in performance of his duties as Superintendent of said work for the past 28 ' years. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4525 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 The Clerk was instructed to send a copy of said resolution to W. C. "Mac" MacDonald. The Clerk announced that petitions have been received from the registered voters in the Tustin Avenue and 22d Street Annexation area requesting annexation to the City of Newport Beach. She stated that the signatures on said petitions have been checked by the City Clerk and County Clerk and certificates of sufficiency have been filed. Resolution No. 4518, declaring intention to call Special Election on 16th day of October, 1956, setting the hearing, for protests by property owners within territory proposed to be annexed, on 13th day of August, 1956, was presented. On motion of Councilman Ridderhof, seconded by Council- man Wilder and carried, Resolution No. 4518 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 The City Attorney stated that the Application for License for a carousel on Corona del Mar State Beach had been referred to him for investigation at a previous meeting. He stated that the terms of the lease with Darwin W. Tate prohibits the installation of this type of merry -go- round. On motion of Councilman Stoddard, seconded by Council- man MacKay and carried, the Application for License of Lance Walker, for a carousel at Edgewater Cafe, 1000 Shore Avenue, Corona del Mar, dba Bill's Amusement Service, was denied. reserves. R -4525. ex- cres _L appreciation to W. C. "Mac" MacDonald. Report of City �ttornev re App. for License of Lance Walker,_fc a carousel._ R -4526 adopteda The City Attorney presented Resolution No. 4526, being a authorizing execution resolution authorizing the Mayor and City Clerk to execute an of agreement with agreement with the Westcliff Company, setting subdivision bond Wescliff Co m any. at $136,000.00,and rescinding Resolution No. 4517. A discussion resctinding R= 17o was had and the City Attorney explained that Resolution No. 4517 had been adopted in connection with an agreement with Austin Sturtevant, regarding the subdivision of the Austin Sturtevant Tract, but that the real party at interest was the Westcliff Company. On motion of Councilman Ridderhof, seconded by Council- man MacKay and carried, Resolution No. 4526 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 App. for Variance The Clerk presented the Application for Variance No. 302, No. 302, Allen Go Allen G. Peirsol, 506 Begonia, Corona del Mar, Lot 8, Block 530, Peirsol. Tract Corona del Mar, Zone R -2 for an encroachment of 10" into 3' required side yard setback to allow for extension of fireplace. Said Application for Variance, having been denied by the Planning Commission, was denied on motion of Councilman MacKay, seconded by Councilman Stoddard and carried. App, for Variance The Clerk presented the Application for Variance No. 3035 No. 303a Balboa Balboa Coves Community Association, Balboa Coves re Lots 1 to 68 Le Coves Community inclusive, Tract 1011, Zone R -1, for awnings to attached to Association, houses but not to extend further than six inches back of the line of waterway; awnings supports not to be greater than 2 -1/2 inches in diameter and the fascia not to be lower than 6 -1/2 feet from the floor level; the structure shall be of the overhead type and shall not be enclosed on the side or front other than by an open guard rail which shall not exceed 2 -1/2 feet in height. Said Application for Variance having been approved by the Planning Commission, conditioned that the copies of the Balboa Coves Association specifi- cations be made a part of the variance application, was granted as conditioned, on motion of Councilman Hart, seconded by Councilman Wilder and carried. Ordinance No. Ordinance No. 795, being _Z93. Zoning change AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH Ordinance No. 795 regarding Planning Commission Amendment No. 23, for zoning of adopted,. zoning properties in Seaquist Annexation, was introduced. Said ordinance properties in provides that Seaquist Annexation shall be zoned. R -1, except all Seaguist of Lot 47, and a portion of Lot 37, which shall remain in an Annexation. unclassified district, with front yard setbacks to be a minimum of 301 and a maximum of 401, and that all houses now existing with front yard setback in excess of 40' shall be regarded as conforming to front yard setbacks of the Code requirements. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the first reading of Ordinance No. 795 was waived. On motion of Council- man Ridderhof, seconded by Councilman Hart and carried, Ordinance No. 795 was passed to second reading and the date of public hearing thereon set for August 13, 19569 by the following roll call vote, to wit: AYESS COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Plann ing Commission Planning Commission Amendment No. 24 creating a controlled Amendment No. 24 manufacturing zone to be designated as C -M District, having been denied. disapproved by the Planning Commission, was, on motion of Councilman Stoddard, seconded by Councilman Hart and carried, ordered filed. Councilman Wilder On motion of Councilman MacKay, seconded by Councilman Hart and authorized to attend carried, Councilman Wilder was instructed to attend the Senate Interim Senate Interim Committee meeting on Bay Development and Small Boat Harbors to be held Committee meeting. in Sacramento on August 6, 1956 and payment of the necessary expenses to be incurred by Councilman Wilder, was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Clerk authorized The City Engineer presented Final Map of Tract 3082 being a to sv ign Final Map of parcel of land lying in Lot 159, Block 535 and Lot 157, lock 52, Tract 30d2. of Irvine Subdivision, for approval. On motion of Councilman Hart, Irvine Subdivisions seconded by Councilman MacKay and carried, the City Clerk was authorized to sign said map. R -4527 adopted, author- Izing execution of agreement between Pasadena Land Co. and the Cit for im rove - ments in Tract 30627 The City Engineer presented Resolution No. 4527, authorizing the Mayor and City Clerk to execute an agreement for the improve- ments in Tract 3082 by and between Pasadena Land Company and the City of Newport Beach, and providing that the Pasadena Land Company shall submit a bond in the amount of not less than $140,000.00 to assure faithful performance. On motion of Councilman Ridderhof, 0 1 seconded by Councilman MacKay and carried, Resolution No. 4527 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 The City Manager presented a letter from the Orange County Harbor Commission setting forth its sanctioning of the power boat races to be held in connection with the 50th anniversary celebration in September. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was ordered filed. The City Engineer submitted the proposal of Laurence J. Thompson, Assessment Engineer, to make the spread on the West Newport Improvement District as contemplated by Resolution No. 4421, setting forth the compensation for services rendered at 1 -1 /2f of the final construction cost. The City Engineer recommended the acceptance of said proposal. On motion of Councilman MacKay, seconded by Council- man Wilder and carried, the recommendation of the City Engineer was accepted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Attorney presented Resolution No. 4528, being a resolution establishing the intent of the Council to have certain salary classi- fications and compensation therefor retroactive to and effective July 1, 1956. On motion of Councilman Ridderhof seconded by Councilman Stoddard and carried, Resolution No. 4526 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 The City Attorney presented Resolution No. 4529, being a resolution setting forth the intention of the City Council that should any amend- ments, changes or additions be made to the business license structure of the Municipal Code, said amendments, changes and additions shall be effective as of July 1, 1956, and that refunds will be made to any licensees whose fees are adjusted downward as a result of said changes. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4529 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 The City Attorney presented. Ordinance No. 796, being AN ORDINANCE AMENDING SECTIONS 4107 AND 4107.1 OF CHAPTER I OF ARTICLE IV OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH EXCLUDING DOGS FROM CERTAIN AREAS WITHIN THE CITY OF NEWPORT BEACH. r Letter from Orange County Harbor Comm. sanctioning power boat races, Proposal of Lo Jo Thomason to make the s read o n the West Newport Improvement District. Ordinance No._796. Excludin do s from certain areas within the City of New-port Beach. On motion of Councilman Wilder, seconded by Councilman Ridderhof Passed to second and carried, the first reading of said ordinance was waived. On motion readine. of Councilman Wilder, seconded by Councilman MacKay and carried, Ordinance No. 796 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mayor Hill stated that at the first of the meeting, copies of the Statement of Policy of the Council Regarding the Property Tax Rate for the Fiscal Year 1956 -57, had been distributed to the audience and that it had been anticipated that the statement would be discussed later in the meeting after the audience had had an opportunity to examine the statement. However, since the audience had diminished greatly, she stated it would be better to present the matter again at the August 13th meeting of the Council. Councilman Ridderhof stated that since the proposed 22 cents tax increase would not be adopted, it would be necessary to postpone the plans for the acquisition of the Pacific Electric property and that it would probably be necessary to adopt a tax increase of approximately 10 or 12 cents to meet current year requirements. Mr. Ben Reddick and Mr. Arthur Kramer spoke from the floor regarding this matter. Further discussion of the matter was continued to August 13, 1956. The City Engineer stated that he would like further time to check the bids for the installation of the sprinkler system at the Trailer Park. It was agreed that if the City Engineer ascertained that John G. Hughes, the low bidder, was a qualified contractor, the contract should thereupon be awarded to him. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Resolution No. 4530, authorizing the Mayor and City Clerk to execute an agreement with John G. Hughes for the installation of a sprinkler system at the Discussion re tax increase ostponed to August 130 19 . I �� �` Adjournment. Regular session. Roll call. Approval of minutes. Opening of bids for installation of water pipe line from 17th Street and Cliff Drive to Irvine Avenue and 20th Street. Trailer Park, -at a cost of $6,900.00, 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 MacKay, seconded by Councilman Ridderhof and carried, the meeting was adjourned sine die. ATTEST: City CLerM , it2u.r V ,0GGG& Mayor August 139 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 Hart, Wilder, MacKay, Stoddard, Ridderhof, and Hill; Councilman Higbie being absent. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the reading of the minutes of July 239 1956, was waived, and they were approved as written and ordered filed. The Mayor announced that this was the time and place for the opening of bids for the installation of a water pipe line from 17th Street and Cliff Drive to Irvine Avenue and 20th Street. The Clerk announced that eleven bids had been received. Said bids were then publicly opened, examined and declared from the following bidders, to wit: Eleven bidders. S E Pipeline Construction Company of Nevada Item 1 $11,970.00 Item 2 152525.25 Shacklett & Bradfield Item 1 4,845.00 Item 2 1C1700.48 Bosko Engineering Co. Item 1 11,400.00 Item 2 14,331.00 Graven & Company Item 1 9,690.00 Item 2 J. S. Barrett Item 1 .1050.40 109602.00 Item 2 179197.20 J. E. Young Pipeline Contractor, Inc. Item 1 1C,402.50 Item 2 13,853.30 W. A. Robertson & Soh Co. Item 1 8,208.00 Item 2 129306.60 A. H. Famularo Item 1 125369.00 Item 2 10,891.5o Long, Marker & Howley Construction Co. Item 1 95120.00 Item 2 11,703.65 Wm. DeMotte, Inc. Item 1 5,985.00 Item 2 8,980.76 Ward Construction Co. Item 1 7,524.00 Item 2 7,643.20 Bids referred to The City Engineer requested that the bids be referred to him for City Engineer. examination and recommendation. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, said request was granted. The Mayor announced that the hour of 7:30 P.M. having arrived, this was the time and place for persons owning real property within the proposed "Tustin Avenue and 22d Street Annexe to protest said annexation. The Clerk announced that no written protests had been received. No protests were made from the floor and the Mayor closed the hearing. On motion of Councilman Ridderhof, seconded by Council- man Hart and carried, Resolution No. 4531, being a resolution calling a special election to be held on the 16th day of October, 1956, per- taining to the annexation of "Tustin Avenue and 22d Street Annex" to the City of Newport Beach, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie 1 I I