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HomeMy WebLinkAbout11/13/1956 - Regular MeetingV' Ordinance No. 804 was introduced, and on motion of Councilman Hart, seconded by Councilman Dassed to second Stoddard and carried, the first reading of said ordinance was waived. On reading and set for motion of Councilman Ridderhof, seconded by Councilman Stoddard and public hearing. carried, Ordinance No. 804 was passed to second reading and set for public hearing on November 13, 19569 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 presented the recommendation of the Planning Commission to adopt Resolution No. 4558, being a resolution consenting to the commencement of annexation proceedings for the annexation to the City of Newport Beach of certain inhabited territory known as "Superior Avenue Annex," under the provisions of the Annexation Act of 1913. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, Resolution No. 4558 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, 6% " S _mow Mayor ATTEST: City Cle k Higbie, Ridderhof, Hill Regular session. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Fund Transfer The City Manager presented the request of the Finance Department for Fund No. 2. Transfer No. 52, in the amount of $7,000, from Retirement Fund Unappropriated Balance to Retirement -State Administration Cost and City Contribution, being a Approval of request for an amount needed to cover State Administration Costs and City's minutes. contribution due to salary increases effective July 1, 1956. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said Fund Transfer Hearing re 31st was approved. Fund Transfer The City Manager presented the request of the Administrative Department No, for Fund Transfer No. 54, from Unapplied Appropriations and Reserve to Administrative- Contractual Services ($58) and Additions to Fixed Assets ($442). He stated that request is being made for the purchase of an electric typewriter and service agreement and also for repairs to current equipment. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said Fund Transfer was approved. Technical Oil The City Manager brought to the attention of the meeting that the appointments Advisory to the Technical Oil Advisory Committee of Dr. John F. Dodge, Mr. Edward R. Millett, Committee and Mr. Paul Paine, would expire on October 24, 1956. It was recommended that Mr. appointments. Paul Paine be reappointed on the Committee as Chairman for the ensuing period to end June 30, 1958- It was stated that the present Chairman, Dr. John F. Dodge, will be out of the country for over a year. It was also recommended that Dr. John F. Dodge, and Mr. Edward R. Millett, be reappointed to said Committee for said period ending June 30, 1958. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Attorney was instructed to amend Resolution No. 4398 to provide that the term of appointment of the members of the Technical Oil Advisory Committee should terminate on the 30th of June of each year, with the exception that Mr. Paul Paine, (Chairman), Dr. John F. Dodge, and Mr. Edward R. Millett, be appointed at this time for the term ending June 30, 1958. The City Clerk was instructed to write to Dr. Dodge, Mr. Paine, and Mr. Millett, expressing the appreciation of the Council for their excellent services to date while serving on said Committee, and to apprise them of their appointments to June 30, 1958. Adjournment. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the meeting was adjourned sine die. 6% " S _mow Mayor ATTEST: City Cle k L J r November 13, 1956 Regular session. The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7 :30 P.M. Roll call. The roll was called, the following members being present: Councilmen Hart, MacKay, Stoddard, Higbie, Ridderhof and Hill. Councilman Wilder joined the meeting within a few'minutes. Approval of On motion of Councilman Ridderhof, seconded by Councilman Hart and minutes. carried, the reading of the minutes of October 22, 1956, was waived and they were approved as written and ordered filed. Hearing re 31st The Mayor announced that the hour of 7:3C o'clock P.M. having arrived, Street assess- this was the time and place fixed for the hearing of appeals or objections to ment. the confirmation of the assessment in the matter of the improvement of 31st Street and other streets and rights of way in the City of Newport Beach, California, as described in Resolution of Intention No. 4421, adopted by the City Council, on the 27th day of December, 1955, and in Resolution ordering changes and modifications, being Resolution No. 4519, adopted by the City Council on the 23d day of July, 1956. . L J r a The Clerk announced that notices of the filing of the assessment Statement of Clerk_ and of the time and place for hearing were duly and regularly published, as to posting. etco posted and mailed, all as prescribed by law, and that affidavits showing such compliance were on file in her office. The Mayor then inquired of the Clerk if any written appeals, pro- ' tests or objections had been filed as to the work done or as to the assessment, or as to any other matters pertaining to the proceedings. The Clerk reported that twelve appeals or objections had been filed with her prior to the time set for hearing. The Clerk then read to the Council appeals or objections from the following: Mrs. Belle R. Sinnot, Mr. James J. Spear, Mr. W. Keith Davis, Mrs. Martha Thorman, Mrs. Florence M. Belohlavek, Mrs. Alice M. Jacobs, Mr. Olaf R. Nestos, Mr. Robert M. Decker, Mr. and Mrs. Carl E. Wilde, Mr. and Mrs. Miller F. Wilson, Mr. and Mrs. Albert Hartman, and Mrs. Betty Reynolds. 1 The Mayor then announced that this was the time and place fixed for the hearing of all appeals, protests or objections to the doing of the work, the assessment or to the confirmation of the assessment, by the Council, and asked if any one present desired to be heard. The following people addressed the Council: Mr. Miller F. Wilson, Mr. Carl Wilde, Mrs. Belle R. Sinnott, Mr. Stanley Statia, Mrs. Julia Payne, Mrs. Ruby Hadsell, Mr. Philip Rapp, and Mr. W. Keith Davis. The Mayor presented Mr. Lawrence Thompson, Assessment Engineer, who answered inquiries made in regard to the assessment. On motion of Councilman Hart, seconded by Councilman Wilder and carried, the hearing was closed. It was brought out during the discussion that there was some question as to whether or not the alley paving was satisfactory, and whether or not certain protestants would be paying for an assessment which would do them no good. It was decided that further investigation of the Assessment District should be made by the Council. Mr. William Mackenzie Brown, Attorney, representing the City in this assessment matter, spoke from the audience. On motion of Councilman Hart, seconded by Councilman MacKay and carried, further consideration of the confirmation of the assessment was continued until the next regular meeting of the Council, to be held on November 26, 1956. The Mayor announced that this was the time and place for persons, objecting to vacation and abandonment of Beacon Street, between LaJolla Drive and Catalina Drive9_as set forth in Resolution of Intention No. 45529 to be heard. No protests were made and none had been received by the City Clerk, the Mayor closed the hearing. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, Resolution No. 4564, ordering said vacation and abandonment, 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 Appeals, -protests and objections, Protests addressed to the Council. Mr. Thompson Present to answer inquiries. Confirmation of assessment con- tinued. Hearing re vacation of Beacon Street. The Mayor announced that this was the time and place for the opening Ouenine of bids for of bids for the resurfacing of certain streets in Shore Cliffs and resurfacing streets Corona Highlands. The Clerk announced that two bids had been received, in Shore Cliffs and which were then publicly opened, examined, and declared from the follow- Corona Highlands. ing bidders, to wit: 1. Sully - Miller Contracting Company $12,736.60 2. R. J. Noble Company 15,974.95 The City Engineer recommended the awarding of the contract to the low bidder. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4565, being a resolution awarding the contract for the resurfacing of certain streets in Shore Cliffs and Corona Highlands to Sully - Miller Contracting Company, at the contract price of $12,736.60, 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 COMMUNICATIONS The Clerk presented the request of the Vallejo Sanitation and Flood Control District to use any unexpended balance of Chapter 20 or Chapter 47 funds which the City of Newport Beach is unable to use. On motion of Councilman Hart, seconded by Councilman-Ridderhof and carried, the City Manager was requested to inform the Vallejo Sanitation and Flood Control District that the City of Newport Beach had no unexpended balance avail- able. A letter from the Newport Beach Elementary School District, regarding traffic safety in the Newport Heights area, and especially at the Newport Height's School, was presented. Mrs. Earl A. Lewis of the Safety Council ' of the Newport Heights School spoke from the audience. Mr. Don Gilmore spoke from the audience, requesting additional police protection for the traffic problem in the Newport Heights area. The City Manager stated that serious consideration is being given to this problem by the Police Depaftment and the Traffic Committee; and he invited Mrs. Lewis to confer with him at a later date. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the aforementioned letter was referred to .the City Manager for recommendation and report at the next regular Council meeting. 1 Two bidders. L-4.563., awarding contract to Sully - Miller Contracting Company= Vallejo Sanitation District request for any Chapter 20 or Chapter 47 funds not used by the Cit.. Traffic safety at Newport Heights school. Re boundaries of An excerpt from the Minutes of the Boundary Commission of Orange "Superior Avenue County, of November 5, 1956, stating that the boundaries of the proposed Annex." Superior Avenue Annexation are reasonably definite and certain, was pre- sented, and ordered filed, on motion of Councilman Stoddard, seconded by Councilman MacKay and carried. Annexation re- A petition signed by twelve property owners and residents in an area quest of area westerly of Tustin between 22d and 23d Streets, requesting annexation to westerly of the City of Newport Beach, was presented, and referred to the Planning Tustin between Commission, on motion of Councilman Stoddard, seconded by Councilman Hart 22d and 23d. and carried. Request of B & The request of the Business and Professional Women's Club to use the P W to use the Balboa Parking lot at no charge, for the Club's annual Christmas Preview Balboa Parking at the Rendezvous Ballroom on December 7 and 8, 1956, was presented. On lot. motion of Councilman MacKay, seconded by Councilman Wilder and carried, said request was granted conditioned that a certificate of liability insurance is provided. Beacon Bay The Clerk presented a letter from the Beacon Bay Community Association Community Assoc. stating that said Association completed planting forty -five lots along the re possible Estradas in grass and ivy in May, 1956, adding to the general beautification water shortage. of Newport Beach, stating that the water shortage in July and August this year was a serious threat to the new landscaping, expressing concern that a Balboa Island greater water shortage may be experienced next summer, and requesting that Business Assoc. the City make every effort to protect the residents of the City against re proposed such a condition. On motion of Councilman Stoddard, seconded by Councilman Clover -leaf. MacKay and carried, said letter was ordered filed and the City Manager was Balboa Island instructed to reply to this letter. Letter from Col. The Clerk presented a letter from Colonel Harry E. Deal regarding hooking up Deal re sewer hook to the sewer system in Cliff Haven., requesting that, since a septic system on up in Cliff Haven. his property is covered by a six -inch thick patio wall, it not be necessary for him to disturb the patio wall to fill the cesspool as required by ordinance of the City. Since compliance with the City ordinance is being made, on motion Report from State of Councilman Ridderhof, seconded by Councilman MacKay and carried, said letter Water Pollution was ordered filed. Shoreline Planning A letter from the Shoreline Planning Association of California, setting Assoc. re manner forth the manner of electing Directors to said Association on November 17, of electing. 1956, was presented, and ordered filed, on motion of Councilman Hart, seconded Directors. by Councilman Wilder and carried. Re appointment of The City Manager stated that it would be in order to appoint a representative Mrs. Philip Burton to the Shoreline Planning Association. Mayor Hill presented the name of Mrs. to the Shoreline Philip Burton for said appointment. On motion of Councilman Stoddard, seconded Planning Assoc. by Councilman Hart and carried, Mrs. Burton was appointed to represent the City of Newport Beach in the Shoreline Planning Association of California, and was authorized to attend the conference of said Association at San Mateo, and to be reimbursed for her expenses thereby incurred. Report of Ira N. The quarterly report of Ira N. Frisbee & Co. regarding services and findings, Frisbee & Co. dated October 26, 1956, was presented. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said report was ordered filed. Letter from Lee A letter from Lee Bolin, requesting reconsideration by the Planning Bolin re his Commission of an Application for Variance, was presented. On motion of Council - ADplication for man Hart, seconded by Councilman MacKay and carried, said matter was referred Variance. to the Planning Commission for reconsideration. Recess. The Mayor declared a three minute recess. Mr. Shelton elected The Clerk read a letter from the President of the City Managers' Department to Executive Com- of the League of California Cities, stating that Mr. Robert H. Shelton had been mittee of City elected to the Executive Committee of the City Managers' Department of the League, Managers' Dept. and highly praising Mr. Shelton. On motion of Councilman Stoddard, seconded by of League of Calif. Councilman Hart and carried, said letter was ordered filed and the City Manager Cities. was authorized to attend all meetings of the City Managers $ Department of the League of California Cities for the ensuing year. Additional cards The Clerk presented two cards requesting the Council to rescind its action re plantings. taken on September 12, 1956, regarding the granting of street -end plantings, one card from Bruce J. and Elizabeth L. Handy, and one card from Ernest J. Draheim. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, said cards were ordered filed with the other correspondence on this matter. Balboa Island A letter from the Balboa Island Business Association approving the proposed Business Assoc. Clover -leaf on the Coast Highway at the top of.the hill leading down to Balboa re proposed Island was presented, and ordered filed, on motion of Councilman Hart, seconded Clover -leaf. by Councilman Ridderhof and carried. Balboa Island The Clerk presented a letter from the Balboa. Island Business Association Business Assoc. reminding the Council of matters requiring prompt attention concerning the approach, re matters needing streets, and alleys of Balboa Island. The City Manager gave a report as to the attention. steps which have been taken on many of the improvements mentioned. On motion of Councilman Higbie, seconded by Councilman Stoddard and carried, said letter was referred to the City Manager. Report from State A letter and report on Continued Study of Waste Water Reclamation and Water Pollution Utilization, from the State Water Pollution Control Board of the State of California, Control Board. were presented, and ordered filed, on motion of Councilman MacKay, seconded by Councilman Hart and carried. J ri i J The Clerk presented a letter and proposed contract submitted by James M. Montgomery regarding supplemental engineering investigation and report, at a cost not to exceed $450, in connection with the proposed 1200 acre - foot reservoir, as adapted to sole operation and control by the City of Newport Beach. The City Attorney stated that he had reviewed and approved the contract as to form, and recommended the adoption of Resolution No. 4566, being a resolution authorizing the Mayor and City Clerk to execute said agreement. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Resolution No. 4566 was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The Clerk presented the alleged Claim for Damages of Miss Anita Kahn for trip and fall accident on September 29, 1956, at or near Ocean Boulevard and Marguerite, Corona del Mar, due to the City's alleged failure to properly light an area designed for use by pedestrians, damages claimed in the amount of $3,000. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said claim was denied, and the action of the City Clerk in referringthe matter to the insurance carriers was con- firmed. The Clerk presented the Summons and Complaint, served on Councilman Hart on October 12, 1956, in Superior.Court, County of Orange, Action No. 70140, Timothy Alvarado, et al., vs. Al Anderson, City of Newport Beach, et al., alleging general damages in the amount of $500,000, and special damages in the sum of $572,040. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said claim was denied and the action of the City Clerk in referring this matter to the insurance carriers was confirmed. F Claim for Damages of Miss Anita Kahn. Summons and Complaint. Timothy Alvarado. et al The alleged Claim for Damages of Mr. and Mrs. Gus Stomp in connection Claim for Damages of with the installation of sewer lines in Newport Heights, in the amount rand Mrs. Gus of $44.50, was presented. On motion of Councilman MacKay, seconded by S Councilman Ridderhof and carried, said claim was denied, and the action of the City Clerk in referring the matter to the insurance carriers was confirmed. The Clerk presented letters from the Department of public Works, State of California; the Division of Beaches and Parks, State of California; the Division of Highways, District VII, State of California; and an Excerpt from the Minutes of the Board of Supervisors of Orange County of October 30, 1956; regarding the approval of the Orange County Master Plan of Arterial Highways by the City of Newport Beach. The Clerk stated that each of the first three agencies above mentioned had reported that attention would be given to the suggestions made by the City of Newport Beach in its Resolution No. 4559. On motion of Council- man Hart, seconded by Councilman MacKay and carried, said letters were ordered filed. The Clerk presented a petition signed by twenty -one merchants requesting that "the parking meters be taken off immediately from 'A' Street to Palm Street on Balboa Boulevard, Balboa, California, and no tickets be written for overtime parking in Balboa from October 1st each year to Easter Week." The City Manager presented a petition signed by thirteen businessmen who requested that the parking meters on Ocean Front, between McFadden and Court Streets, be made inoperative until June 1, 1957. A discussion was had. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said petitions were ordered filed. On motion of Councilman Hart, seconded by Councilman MacKay and carried, the recommendation of the Chief of Police was accepted, and all parking meters in the City of Newport Beach shall be in full force and effect every day throughout the year, with the exception of the meters at the locations noted below, which will be in effect from March 15th to September 15th only: Entire Balboa area McFadden Parking Lot, Newport Beach, (except those on the westerly outside section) Ocean Front Beach Parking Lot, Newport Beach South side of Ocean Front between McFadden Place and 23d Street, Newport Beach North side of Ocean Front between McFadden Place and 22d Street, Newport Beach East side of McFadden Place from Newport Pier to Balboa Boulevard, Newport Beach Bay Avenue between 18th and 19th Streets, Newport Beach Court Avenue between McFadden Place and 20th Street, Newport Beach. Re Orange County Master Plan of Ar erial Highways. Petition re parking meters in Balboa. The Clerk presented a letter from Leroy Fay requesting that the Council consider an appeal from the decision of the Planning Commission denying the issuance of a Use Permit, for the addition of one unit at 213 Carnation Street, Corona del Mar. On motion of Councilman Hart, seconded by Council- man MacKay and carried, said matter was set for public hearing on November 269 1956, and the Clerk was instructed to post and publish notice thereof. Letter from Leroy Fav re Use Permit. Hearing set November 26, 1956. =40 Al. Bev. License The copy of Application for Alcoholic Beverage License, Douglas H. of D. H. well Buell, Doug s, 3436 East Coast Highway, Corona del Mar, on -sale beer, Doug's. 3b East having been approved by the Police Department,and bearing the notation Coast Highway, that the City Attorney's office stated that it will be necessary for Corona del mar. the applicant to obtain a Use Permit, was presented, and ordered filed on motion of Councilman Stoddard, seconded by Councilman Wilder and carried. Lido Isle Woman's A letter from the Lido Isle Woman's Club regarding the success of Lido Club re clean -up Isle's clean -up day, and thanking the City for cooperation, was read, and da . ordered filed, on motion of Councilman Wilder, seconded by Councilman MacKay and carried. LICENSES Licenses. The Clerk presented the following Applications for License, which were approved on motion of Councilman MacKay, seconded by Councilman Wilder and carried: Mark Semich, house 1. Application for License of Mark Semich, 701 to house, Western South Los Angeles, Anaheim, dba L. West Fourth Street, Santa Ana, for house to Sprinkler Company. dba L. & W. Cater- house soliciting for Western Sprinkler Company, consisting of three portable food stands, sprinkler systems, business located at 7C4 West service to housing tracts and industrial plants, approved by the Building, Fourth Street, Santa Ana. Approved by the Police Fire and Health Departments, which was referred to the City Manager Department and the City Attorney. H. A. Williams. 2. Application for License of H. A. Williams, house to house, 3132 Coral Avenue, Balboa Island, for house sale of cemetery to house soliciting for the sale of cemetery ots. lots. Approved by the Police Department and the City Attorney. Helen Rasmussen, 3. Application for License of Helen Rasmussen, house to house, 2002 Pearl Avenue, Balboa Island, for house Avon Products. to house soliciting for Avon Products of Pasadena, California. Approved by the Police Department and the City Attorney. Betty Bob. Inc., 4. Application for License of Betty Bob, Inc., Dinnerhorn by W. W. Holder, President, 2332 West Coast Restaurant. Highway, for Dinnerhorn Restaurant, 2332 West Coast Highway. Approved by the Fire, Building and Health Departments. Appl. for License The Clerk presented the Application for License of Glenn E. Wurr, 10894 of Glenn E. Wurr, South Los Angeles, Anaheim, dba L. & W. Catering Service, lunch wagon, at dba L. & W. Cater- 10052 Larsen Avenue, Garden Grove, consisting of three portable food stands, ing Service, service to housing tracts and industrial plants, approved by the Building, Fire and Health Departments, which was referred to the City Manager for ad- ditional information, on motion of Councilman Stoddard, seconded by Council- man Wilder and carried. Golden West Amuse- The Clerk presented the Application for License of Golden West Amusement, ment for two skill Dick Luebbert, 1968 Raymond, Costa Mesa, for two skill games at Paul Moss Beer games at Paul Moss Bar, 109 Palm, consisting of one miniature pool game and one shuffle alley. Beer Bar. (Approved by the Police Department and the City Attorney.) On motion of Councilman MacKay, seconded by Councilman Hart and carried, said application was approved. ADDITIONAL BUSINESS Report of City The City Manager presented a report in connection with the request of Manager re riding the Lido Isle Community Association for the enactment of an ordinance permitting bicycles on Lido and forcing those riding bicycles across the Lido Isle Bridge, to use the north Isle Bridge. sidewalk for safety. It was the recommendation of the City Manager that no action be taken at this time. It was the conclusion of the Traffic Committee that the best solution to the problem is to encourage bicycle riders to walk their bicycles across bridges. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the report of the City Manager was accepted and ordered filed. Fund Transfer No. The City Manager presented request for Fund Transfer No. 58, originating in the Department of Public Works, in the amount of $2,000, from Sewer Replacement Unappropriated Balance to Sewer Replacement Fund, to purchase materials and supplies for a sewer extension in the Seashore Colony area, and sewer extension, 52d Street and Neptune Avenue. The City Manager stated that it might be possible to recover at least expenses from the property owners. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said request for fund transfer was authorized. Councilman Stoddard requested the Public Works Director to consider any arrangements which might be made to enable persons, assessed, to pay said indebtedness in installments. Bid of Jay & The City Manager presented the bid of Jay & Renfro for the City's fleet Renfro for-City's insurance, in the amount of $4,611.07. The City Manager stated that consideration fleet insurance. had been given to the other bids submitted, and that it seemed wise to award the contract to Jay & Renfro. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the Cityos fleet insurance contract was awarded to Jay & Renfro, with property damage insurance to be increased to $100,000, and the matter of theft insurance, and collision coverage on fire trucks, was left to the discretion of the City Manager, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None I I 283 The City Manager presented a proposed Application for Street Planting Proposed form of Permit. The City Manager explained that the form of the application for application for permit had been drawn in accordance with Section 7303 of the Municipal street planting Code. A discussion ensued, Mr. Edward T. Healy, Dr. Irving E. Laby,_and permit. Mr. F. C. Wood, Jr., speaking from the floor. Mr. Wood, legal repre- sentatives of his choice, and others, were invited to confer with the City Manager and the City Attorney to determine the legality of pertinent sections of the Municipal Code in this matter. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the form of the application for street planting permit was approved. Councilman Wilder left the meeting at this time. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the Oath of Office of Elizabeth L. Tonsing, Policewoman, was approved. Ordinance No. 803, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN INHABITED TERRITORY DESIGNATED AS "TUSTIN AVENUE AND 22D STREET ANNEX," WHICH IS CONTIGUOUS TO THE CITY OF NEWPORT BEACH, UPON THE TERMS CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE SIXTEENTH DAY OF OCTOBER, 1956 was presented for second reading. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the second reading of said ordinance was waived. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, Ordinance No. 803 was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, nidderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Ordinance No. 804, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE N0. 635 AND THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH BY ADDING TO ARTICLE IX OF CHAPTER III OF SAID CODE SECTIONS 9103.99 9103 91 9103.929 9103.93, 9103.94, 9103.95, 91c3.96, 9103.97 AND 9103.98 PROVIDING FOR A CONTROLLED.MANU- FACTURING DISTRICT Oath of Office of Policewoman E. L. Tonsing. Ordinance No. 803. Approving "Tustin Avenue and 22d Street Annex." Ordinance No. 8C3 adopted. Ordinance No. 804. Providing for a Controlled Manu- facturing District. was presented for second reading and public hearing. On motion of Council- HEARING re Ordinance man Hart, seconded by Councilman Stoddard and carried, the second reading No. G . Adoption of said ordinance was waived. Mayor Hill opened the meeting for protests, of said ordinance. if any, to the adoption of said ordinance. No one spoke from the audience, and Mayor Hill closed the hearing. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Ordinance No. 804 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN. NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill None Wilder The City Clerk presented a letter from the Public Works Director recommending acceptance of the installation of the Irvine Avenue Water Main by William DeMotte, Contractor. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said installation was accepted. Acceptance of work of William DeMotte for installation of Irvine Avenue Water Main. The City Clerk presented a letter from the Public Works Director Pier and bulkhead recommending that the following applications for pier and bulkhead hermits. permits, having been approved by the Joint Harbor Committee, be approved by the City Council: 1. The Irvine Company to construct a precast concrete seawall along the U. S. Bulkhead line southwesterly from U. S. Station 131 a distance of 730 feet and join to existing wall. Also, a 15 foot return along State Highway VII ORA 60 -B, being Block 54, Irvine's Subdivision and Tract No. 1014 in the City of Newport Beach. 2. Ray Milland to construct a precast concrete bulkhead bayward of 724 Via Lido Nord being Lot 46 and one- ' half of Lot 45, Tract No. 907. 3. M. C. Thornburg to construct a precast concrete bulkhead bayward of a portion of Lot 3, Section 28, Township 6 South, Range 10 West, S.B.B.M. 4. Mrs. E. G. Gilliland to construct concrete bulkhead bayward of 1134 East Balboa Boulevard, being Lot 18, Block 175 Eastside Addition to Balboa Tract. The Irvine Company. Ray Milland. MM_ . Thornburg. Mrs. E. G. Gilliland. PLEASURE PIERS, SLIPS, FLOATS NOT SUBJECT TO CORPS OF ENGINEERS APPROVAL E. L. Royal. 1. E. L. Royal to construct pleasure pier and slip bayward of 800 Via Lido Nord being Lot 349 and one -half of Lot 348, Tract No. 907. Shirley Meserve. '2. Shirley Meserve to construct pleasure pier and slip bayward of 700 West Bay Avenue, being Lot 1, Tract 710. Mrs. L. W. Briggs. 3, Mrs. Louis W.- Briggs to construct pleasure pier and slip bayward of 1200 West Bay Avenue, being Lot 11, Block 3, Tract No. 626. George Buccola, 4. George Buccola to construct pleasure pier bayward of 2705 Shell, being Lots 7 and 14, Block C -33 of Corona del Mar Tract. Fled Jolley. 5. Floyd Jolley to construct pleasure ramp and float bayward of 100 South Bay Front, being Lot 11 Block 1, Section 1, Balboa Island. Wilson W. Phelps. 6. Wilson W. Phelps to construct pleasure slip south- easterly side of Bay Island. Approved by Bay Island Association. PLEASURE, PIERS, SLIPS, FLOATS SUBJECT TO CORPS OF ENGINEERS APPROVAL Robert Ingram. 1. Robert Ingram to construct pleasure ramp and slips bayward of 617 - 31st Street, being Lot 5, Tract No. 815. Subject to Corps of Engineers approval. Thomas Quinn. 2. Thomas Quinn to construct pleasure pier and slip bayward of 845 Via Lido Nord, being Lots 896 and 897, Tract No. 907. Subject to Corps of Engineers approval. Ed Groenendyke. 3. Ed Groenendyke to construct pleasure slip bayward of No. 2 Harbor Island, being Lot 29 Tract No. 802. Subject to Corps of Engineers approval. Approval of pier On motion of Councilman Hart, seconded by Councilman MacKay and carried, permits. the recommendation of the Public Works Director was accepted, and said applications were approved. Final Map of Tr. No, 2813 approved. The Director of Public Works presented Resolution No. 4567, being a resolution authorizing the Mayor and City Clerk to execute an agreement between The Irvine Company and the City of Newport Beach, wherein The Irvine Company agrees to construct improvements in Tract No. 2813, furnishing a subdivision improvement bond in the amount of $400,000. Mr. William Spurgeon, representing The Irvine Company, addressed the meeting and stated that The Irvine Company planned to deed to the City of Newport Beach, a park of approximately nine acres in Tract No. 2813, on or about April, 1957. The Irvine Company proposes to plant said park in trees, grass, and shrubbery, and to install restroom facilities, all to be done under the supervision of a landscape engineer. Mr. Spurgeon further stated that the deed to the park would probably carry restrictions that the land is to be used for park purposes only. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Resolution No. 4567 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the Final Map of Tract No. 2813 was approved, and the City Clerk was authorized to sign said map. Mayor Hill presented Resolution No. 4568, being a resolution requesting the appointment by the Governor of the State of California of James B. Stoddard of Newport Beach, to the vacancy on the Santa Ana Regional Water Pollution Control Board (Region 8). Mayor Hill stated that the appointment of James B. Stoddard was a recommendation of the Executive Committee of the Orange County League of Cities. On motion of Councilman Hart, seconded by Councilman MacKay and carried, Resolution No. 4 568 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder R -4569, Agreement The City Manager presented Resolution No. 4569, being a resolution authorizing between County of the Mayor and City Clerk to execute an agreement between the County of Orange and Orange and the City the City of Newport Beach, for the furnishing of lifeguard service to the County, re lifeguard for the period commencing July 1, 1956, and ending June 30, 1957, in consideration service. of the payment of $13,200. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4569 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill None Wilder i J The City Manager requested the City Council to confirm the appoint- ment of Colonel Clyde D. Keith as Assistant Director of Civil Defense and Disaster for the City of Newport Beach, effective November 14, 1956. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said appointment was confirmed. The City Council expressed appreciation for Colonel Keith's willingness to serve in this capacity. M�00, Colonel Clyde D. Keith spuointed as Assistant Director of Civil Defense and Disaster. The City Manager presented request for Fund Transfer No. 565 of Fund Transfer No, 6= the Department of Public Works, in the amount of $2,500, from Water Fund Unappropriated Balance to Purchase and Treatment of Water - Material and Supplies. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said fund transfer was authorized. The City Manager was authorized to advertise for automotive unit bids Ejit)LNianager to as set forth in the budget, on motion of Councilman MacKay, seconded by advertise for auto - Councilman Hart and carried, motive unit bids. The City Attorney presented the Notice of Hearing, to be held Notice of Hearin November 26, 1956, in San Francisco, before the Public Utilities re Western Union Commission of the State of California, in connection with the application Telegraph Company_ of the Western Union Telegraph Company for an order authorizing it to increase and revise rates and regulations. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, said Notice was received and ordered filed. On motion of Councilman MacKay, seconded by Councilman Hart and Adjournment. carried, the meeting was adjourned sine die. ATTEST. Mayor City Cie k November 26, 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 7030 P.M. The roll was called, the following members being presents Council- men Hart, Stoddard, Higbie, Ridderhof, and Hill; Councilmen Wilder and MacKay being absent. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the reading of the minutes of November 13, 1956, was waived, and they were approved as written and ordered filed. Mayor Hill opened the meeting for the continued discussion by the Councilmen of protests which were presented at the regular Council meeting of November 13, 1956, in regard to the 31st Street (West Newport) Assessment District. After discussion, on motion of Council- man Higbie, seconded by Councilman Hart and carried, protests and objections to the assessment were overruled. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, Resolution No. 4563, being a resolution ordering changes and modifications in the assessment for the improvement of 31st Street and other streets and rights of way, was adopted by the following roll call vote, to wits AYES, COUNCILMEN. Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN. None ABSENT, COUNCILMEN. Wilder, MacKay Roll call. ApRi oval of minutes. Re 1st Street Assessment District. i ? ysC3 Attorney William Mackenzie Brown requested, and was granted, an Continuation..of �lst opportunity to make the corrections ordered in Resolution No. 4563, on Street_ Assessment the assessment roll, and to present the assessment later in the meeting for approval. The City Manager welcomed the students in the audience. The Mayor announced that this was the time and place Bids for light stand - for the opening of bids for the furnishing of light standards, luminaires ards, etc. and ballasts at various locations in Newport Beach. The Clerk announced that one bid had been received, which was then publicly opened, examined, and declared from the following bidders Pacific Union Metal Company $2,352.14 The Director of Public 1vorks recommended the awarding of the contract to said bidder. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, said recommendation was accepted by the following roll call vote, to wit. ' AYES, COUNCILMEN. Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN. None ABSENT, COUNCILMEN. 'Wilder, MacKay One bidder. Contract awarded,