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HomeMy WebLinkAbout02/25/1957 - Regular MeetingOrdinance No. 811, being Ordinance No. 811. AN ORDINANCE AMENDING SECTION 3250.1 Re One-Hay Streets. SUBSECTIONS ENTITLED "CORONA DEL MAR?' AND "NEWPORT BEACH" OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, PROVIDING FOR THE DESIGNATION OF ONE - ' WAY STREETS, was presented for second reading. On motion of Councilman Hart, Ordinance No. 811 -a-c7opted. seconded by Councilman Wilder and carried, the second reading of said ordinance was waived. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, Ordinance No. 811 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay On motion of Councilman Wilder, seconded by Councilman Hart Re plumbing ordinance. and carried, the City Manager's request to have•an additional two weeks for recommendations regarding the plumbing ordinance was granted. On motion of Councilman Stoddard, seconded by Councilman Ridderhof R =4597 authorizing and carried, Resolution No. 4597, being a resolution authorizing and C t ttorne to directing the City Attorney to take the necessary steps to intervene intervene in Court in the action of the County of Orange vs. the State of California t on for declaratory relief, Civil number 70717, on behalf of the City of Newport Beach, at a time determined by the City Attorney to be for the best interests of the City, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay On motion of Councilman Wilder, seconded by Councilman Ridderhof Adjournment. and carried, the meeting was adjourned. ATTEST: n Mty C er February 25, 1957 The City Council of the City of Newport Beach met in regular Regular session. 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: Roll call Councilmen Hart, Wilder, Stoddard, Higbie, Ridderhof, and Hill; Councilman MacKay being absent. On motion of Councilman Ridderhof, seconded by Councilman Approval of minutes. Wilder and carried, the reading of the minutes of February 11, 1957, was waived, and they were approved as written and ordered filed. The Mayor announced that this was the time and place for the �Openin of bids for the opening of bids for the installing of a Submarine Water Main from ns a]C�bn 0 u mar ne "N" Street to Bayside Drive. The Clerk announced that-five bids ater a n rom had been received. Said bids were then publicly opened, examined, treet to ays a rive. and declared from the following bidders, to wit: Shellmaker, Inc. $349300 Bidders. Griswold Engineers, Inc. 47,700 Healy Tibbitts Construction Company 82,487 Smale &.Robinson, Inc. 69,972 Trautwein Brothers 479690 On the recommendation of the City Manager and the Public Bids referred to rl Works Director, said bids were referred to the Director of Public ana er an Pub'V c Works Works and the City Manager for recommendation at the next regular brector. Council meeting, on motion of Councilman Wilder, seconded by Councilman Hart and carried. ' The Mayor announced that this was the time and place for persons who wished to be heard to object to the vacation and abandonment of a portion of Bay Avenue in the East Side Addition to Balboa Tract, in the City of Newport Beach, as set forth in Resolution of Intention No. 4591. No protests were made and none had been received by the City Clerk; Mayor Hill closed the Hearing in connection with abandonment of a ortnon oF79ay Avenue East a e t on to a oa rack. R -4598 ordering hearing. The City Attorney stated that through contact with the the vacat on °adopte Title Insurance & Trust Company, he was satisfied that nothing could and Mrs. J. Fulton be built on the property involved in this vacation. On motion of re pure ase of Councilman Ridderhof, seconded by Councilman Wilder and carried, property. Resolution No. 4598, being a resolution.ordering the vacation of said property was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay Hearing in connection -nom- The Mayor announced that this was the time and place for persons with vaca 3t o' who wished to be heard to object to the vacation and abandonment of Channel ace. a portion of Channel Place, Canal Section, in the City of Newport - a opte Beach, as set forth in Resolution of Intention No. 4593. No protests were made and none had been received by the City Clerk; Mayor Hill closed the hearing. On motion of Councilman Hart, seconded by Councilman Wilder and carried, Resolution No. 4599, being a resolution ordering the vacation of said property was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie; . Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay COMMUNICATIONS Discussion regarding The Clerk presented twenty -three cards and four letters, bearing v nk— Fund a total of thirty -seven signatures, requesting that at the next special or regular election an opportunity be given the people to vote on a to limit proposition to $5,000 annually the amount of funds which may be spent by the City on advertising. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, said communications were ordered filed. Colonel A. W. Smith spoke from the audience in regard to this matter, and stated, in response to inquiries by Councilman Wilder and Councilman Stoddard, that he would forthwith send a letter describing his conception of the expenses which are to be charged to the Advertising Fund which he believes should be limited to the amount of $5,000 annually. Letter of a reciation The Clerk read a letter from Mr. Mark Engelke, President of the rom est Neui r— West Newport Improvement Association, expressing appreciation for the Im- p°rovement Assoc. re action taken by the Council in revoking the license of the Rendezvous act on to en re t e Ballroom, also expressing the belief that there is a need for a clean Rendezvous. wholesome ballroom. On motion of Councilman Hart, seconded by Council- man Higbie and carried, said letter was ordered filed. Letter from John J. I The Clerk read a letter from Mr. John J. Swigart, requesting w Bart re-Men ezvous. revocation of the Rendezvous Ballroom license, and stating that the Rendezvous during the past year has attracted an undesirable element. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said letter was ordered filed. Letter from Mrs. A letter from Mrs. Paul Paine, expressing appreciation for the Paul Paine. honor and recognition given her husband by the adoption of Resolution No. 4594, was presented. On motion of Councilman Wilder, seconded by Councilman Higbie and carried, said letter was ordered filed. . . Letter from F. Gaucin The City Manager read a letter from Francois Gaucin of Corona re Boy Scouts. del Mar, stating that he had been reminded by all the news stories about Boy Scouts that there are some undesirable things too; i.e.: That he had seen a naked boy come out of a Sea Scout tent near Newport and later had seen another naked boy in the same area, re- questing that this be looked into. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, said letter was ordered filed. Letters from Mr. and A letter was read from Mr, and Mrs. George H. Sullivan proposing s. G. K.—SUITIVan to purchase for the sum of $2500, a portion of Lot 4, Section 33, and Mrs. J. Fulton T6S, R10W, S.B.B.&M., and the easterly twenty -five feet of Lot 6, re pure ase of Block 218, Section B, Newport Beach. A letter was read from Mrs. property. J. Fulton stating that she is interested in purchasing, at an adjusted price, property with the same legal description as above, except that she wishes to purchase the westerly twenty -five feet of Lot 6, Block 218, and a portion of Lot 4,. Section 33. A dis- cussion was had and the City Attorney stated that the property involved could not be considered water front.property. Mr. Robert V. Brose spoke from the audience and stated that he thought that the property was water front property, and also that the price was extremely low and that he would like to purchase it for at least double the amount. Mrs. Fulton spoke from the audience and stated that since she had been leasing her portion.of the property for over twenty -five years, she felt she should have "first rights" as to purchase. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, this matter was referred to the City Attorney for a written opinion as to whether or not the portions of Lot 4, Section 33, and Lot 6, Block 218, are water front property. The Clerk read a letter from Mr. Clyde Johnson, President of the Shore Cliffs Property Owners' Association, Inc., expressing appreciation for prompt action in the referral to the City Engineer of the request of the Association for a cement sidewalk from Seaward Road along Coast Highway to Kay Finch Ceramics, and urging haste in arranging for the installation of a cement sidewalk since the safety of children is at stake. The City Manager stated that he and the Director of Public Works had been working on this matter and that they would have recommendations for the Council at its next regular meeting. Mr. Johnson spoke from the audience emphasizing the necessity for actin promptly on this matter for the safety of the children in the Store Cliffs area. On motion of Councilman Wilder, seconded by Councilman Higbie and carried, said letter was ordered filed. The Clerk presented a letter from the Joint Interim Committee on Transportation Problems, California Legislature, urging compliance with a re nest which will be received shortly from the Division of Highways for a report on road and street needs in this area, pro- jected to the year 1971, and emphasizing that it will be a part of a most important survey of highway, road, and street needs in this State. On motion of Councilman Wilder, seconded by Councilman Higbie and carried, said letter was ordered filed. An Excerpt from Minutes of the Board of Supervisors of Orange County, acknowledging receipt of a letter dated February 11, 1957, from the City of Newport Beach regarding development of the Orange County Airport, was presented. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said communication was ordered filed. The Clerk read a letter from Mr. A. appreciation for his appointment for the Board of Trustees of the Orange County H and submitting a comprehensive report on Board for the calendar year 1956. Mayor appreciation of the Council for the fine by Mr. Steiner on said Board. On motion seconded by Councilman Hart and carried, ordered filed. Sandy Steiner expressing next two year term on the )squito Abatement District, the activities of the Hill expressed the service being rendered of Councilman Wilder, said communications were The Clerk presented copies of Applications for Alcoholic Beverage License: Woodrow W. Holder, 1045 Bayside Drive, Newport Beach, for off -sale general, approved by the Planning Division of the Building Department, the City Attorney, and the Police Department; Burton E. Enright and Donald G. Enright, dba The Beach Roamer, 104 Main Street, Balboa /Newport Beach, for on- sale beer, approved by the Police Department and the City Attorney, conditioned that compliance is made with the Planning Commission's ruling that a Use Permit be obtained; Alfred P.Arce and Ermine Arce, Newport Villa Cafe, 2106 Ocean Front, Newport Beach, for on- sale beer, approved by the City Attorney, Police Department, and the Planning Division of the Building Department; and a copy of Application for Transfer of Alcoholic Beverage License of Lawrence B. Broering, Jr., La Cantina, 3244 Coast Highway, Corona del Mar /Newport Beach, for person to person transfer of off -sale general, approved by the City Attorney, Police Department, and the Planning Division of the Building Department. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said communications were ordered filed. ' The Clerk presented a letter from the State of California, Department of Public Works, enclosing copies of a booklet entitled "Freeway Facts" for distribution to each Councilman. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said letter was ordered filed. The Clerk presented the second quarterly report of the independent auditor, Ira N. Frisbee & Co. The City Manager and Councilman Wilder read pertinent paragraphs from said letter, and the Director of Finance, A. N. Broussard, commented on the report. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said report was ordered filed. r�t7„a v�? Letter from Shore Cliffs Pro pert ers Assoc. re s ewa al on .oast KLgnHEY. Re survey of high �wa � r and street nls. minutes of Board of Su ervisors re eve o ment o ranEe County rPOrt . Report and letter sub- mitted. by Kr—.5tel-n—er re Grange countY .os u1to Abatement DIStVICt. Letter from State of c'alitornia, neparttiment of Public Works enclosin booklet et reeway °acts °P. Presentation of second uarter re 'or o r r s ee Co. u Auditor Request of Oran a 6"ount eat Yee artment or use of fire station ns as immunizaRon c lnics. Letter from Junior am er o omsmerce re oil pro em. The Clerk presented a letter from the Health Department, County of Orange, requesting that Mayor Hill obtain permission for the use by the Health Department of the fire houses in the City of Newport Beach to conduct community -wide poliomyelitis immunization clinics, for a program commencing the week following Easter, i.e., two clinics, four weeks apart - hours 4:00 P.M. to 8:00 P.M. Fire Chief J. S. Briscoe spoke from the audience and stated that the Health Department only needed one fire building in the City of Newport Beach. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the Mayor was authorized to make available to the Orange County Health Department the requested facilities for immunization clinics. ' The Clerk read a letter from Mr. Robert Berkley, President, Junior Chamber of Commerce, commending the City Council for its stand concerning the oil problem, and for officially going on record that no other oil sites for either exploration or drilling operations would be authorized without the approval of the voters, other than existing drill sites as outlined in the Elliott contract. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, said letter was ordered filed. r�t7„a v�? Letter from Shore Cliffs Pro pert ers Assoc. re s ewa al on .oast KLgnHEY. Re survey of high �wa � r and street nls. minutes of Board of Su ervisors re eve o ment o ranEe County rPOrt . Report and letter sub- mitted. by Kr—.5tel-n—er re Grange countY .os u1to Abatement DIStVICt. Letter from State of c'alitornia, neparttiment of Public Works enclosin booklet et reeway °acts °P. Presentation of second uarter re 'or o r r s ee Co. u Auditor Request of Oran a 6"ount eat Yee artment or use of fire station ns as immunizaRon c lnics. Letter from Junior am er o omsmerce re oil pro em. U LICENSES gA ication for The Clerk presented the Application for License of Edward LicenseR —E. H. H. Flach, 2123 South Parton, Santa Ana, for Galley Cafe, 829 Flach for Galley Bayside Drive, Newport Beach; cafe, on -sale beer, lunch and Cafe. dinners; being a change of ownership, former owner having had on -sale beer; approved by the Building, Fire, Police, and Health Departments, and the City Attorney. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said Application was approved. _ Application for The Clerk ,presented the Application for License of Alfred P. License —�. Arce, 1708 Turrill Avenue, San Bernardino, for Newport Villa Cafe, Arce for Newport 2106 Ocean Front, Newport Beach; dinners, breakfast, and on -sale Villa Cate. beer; being a change of ownership, former owner having had on -sale beer; approved by the Health, Fire, Building, and Police Departments, and the City Attorney. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said Application was approved. A pli�cation for The City Manager presented the Application for License of c erise off. E. Murrel E. Tittle, 930 Balboa Boulevard, Newport Beach, for The itt a for The Patio, 113 - 22d Street, Newport Beach; restaurant and on -sale beer; Patio. being a change of, ownership, former owner having had on -sale beer; approved by the Building,Fire, Police and Health Departments, and the City Attorney. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said Application was approved. A lication for The City Manager presented the Application for License of License o ick Dick Luebbert, Golden West Amusement, 1968 Raymond Street, Costa Luebbert for -M ill Mesa, for two skill games at The Patio, 113 - 22d Street, Newport games at Tfie Patio. Beach, consisting of one miniature pool table and one shuffle alley; approved by the City Attorney and the Police Department. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said Application was approved. ADDITIONAL BUSINESS Commendation to Mayor Hill stated that Councilman Stoddard, a chemical engineer, Councilman to dard had prepared a Survey of the Capacity of Marine.0utfall and Treatment or his services on the Plants of the County Sanitation Districts of Orange County. She further Boards of Sanitation stated that Councilman Stoddard had contributed services `over and Districts 5, 6, and 7. beyond the call of duty" in connection with his service as a representative of the City of Newport Beach on the Boards of Sanitation Districts 5, 6, and 7. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Councilman Stoddard was commended highly for said services, and the Clerk was instructed to enter said commendation in the minutes. Public hear in. set The Clerk presented the letter o£ Mrs. William McLain, appealing or Marc , from the decision of the Planning Commission in granting Use Permit No. re use Permit 293, on February 21,, 1957, and requesting that the City Council set the Downing, units matter for public hearing. A letter from Mr. Fred Singer, Acting Vice - on Lot 11, Tract No. - Chairman of the Newport Heights Improvement Association, protesting said action of the.Planning Commission in granting Downing Brothers permission to build five units on Lot 11, Tract No. -1220, was also presented, as was a petition bearing 163 signatures protesting said action. A discussion was had; Mr. Singer speaking from the audience. On motion of Councilman Wilder, seconded by Councilman Hart and.carried, said appeal was granted, the matter was set for public hearing on March 11, 1957, and the City Clerk was instructed-to publish and-post notice thereof. Oaths of Office: The Clerk presented the Oaths of Office of Darrel 0. Holloway, D. Oi Ho owa Glenn — Glenn Pickens, and Harry R. Herbst, as Reserve Police Officers.. On EP ccens, Harry R. motion of Councilman Wilder, seconded by Councilman Ridderhof and erFiSt. carried, said Oaths were approved. Report of Cit Attorney The. City Attorney reported that an offer of settlement had been re cases o Ku n S. made in the cases of Kuhn versus Young, et al, and Wilson versus Young, oun et a an et al. The original suits„ demanded the payment of $10,000 each, and Wilson vs. oung, et can be settled at this time for a total of $100 for both of them. It a was the recommendation of the City Attorney that the offer of settlement be accepted. Councilman Hart stated that the records should, show. that License Inspector Harold Young, was acting within his scope of duty as he saw it. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the City Attorney was authorized to enter into negotiations on behalf of the City to settle said cases for the sum of $100. R -4600 adopted re An Agreement for Architectural Services, and the employment of J.. Agreement or Arc 5i- Herbert Brownell, as Architect, for a fire station at Irvine and Dover, tectural ervices of was presented. A discussion was had. The City, Manager read pertinent J. Herbert Browne= paragraphs from said Agreement, and recommended the adoption of the in connection with resolution authorizing execution of said Agreement. Councilman Hart Fire Stati6n7N_7d_._6.. was of the opinion that the plans for the Corona del Mar fire station could be adequately adapted for the new proposed fire station, involving less expense to the City. Fire Chief J. S. Briscoe spoke from the audience, and recommended that J. Herbert Brownell be employed as Architect, since improvements should be made in the plans for the fire station building. It was brought out that it would be more economical to have the services of an architect rather than taxing the man power of the Engineering Department, and not obtaining professional architectural services. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, Resolution No. 4600, authorizing the execution of said Agreement, was adopted by the following roll.call vote, to wit: AYES, COUNCILMEN: Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Hart ABSENT, COUNCILMEN: MacKay On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, Fund Transfer No. 92 was approved, to correct accounting records regarding the budget of sufficient amounts for interest on 1940 Pier Bonds, in the amount of $183.75, from Surplus General City Bond Fund to Appropriation, 1940 Pier Bond Interest. The City Manager requested, and was granted, an extension of two weeks to prepare a report on finance administration. Ordinance No. 813, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, from "U" to "M -1 =A" District, (16th Street Annexation), was presented. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the first reading of said ordinance was waived. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said ordinance was passed to second reading, and set for public hearing on March 11, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay The City Manager stated that arrangements for the disposal of debris in the Harbor would have to be made since the contract between ' The Irvine Company and Shellmaker, Inc., had expired on February 21, 1957. He recommended the employment of Gillis & Derby, low bidders for the work of disposing of the floating debris, at a contract price of $50 per month, to be paid by the City, and $50 per month to be paid by the County. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the City Manager's recommendation was accepted and he was authorized to make necessary fund transfers to cover this expense. The City Manager presented a report memorandum concerning the proposed plumbing ordinance. Copies of his report are on file in the City Clerk's office, and copies of the proposed plumbing ordinance are also on file there for the perusal of those interested, prior to the introduction of the ordinance on March 11, 1957. Representatives of materials companies were invited to address the Council. Mr. Orville L. Dickinson, District Engineer of the Clay Pipe Institute, spoke from the audience, and stated that he would submit his recommendations in writing to the City Manager rather than take up the time of the Council. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the proposed plumbing ordinance was taken under advisement. The City Manager presented a claim for expenses, in the amount of $79.30, for his attendance at the annual meeting of the City Manager's Department of the California League of Cities, which was held in Palo Alto on February 13 m 150 1957. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, said expense was authorized and approved. MWl :' 4 a Fund Transfer No. 92 Report on finance a min strat of n Ordinance No. 813. Zoning 16th Street Annexation U Hearing set or City Manager autho !zed to make Lund trans ers necessar to cover e n �m�o mie re Gillis eis osin" g of oat'ris in Report on proposed plumbinordinance. r Claim for expenses OT The City Manager was authorized, on motion of Councilman Stoddard, Cit Ma�na erauthor- seconded by Councilman Wilder and carried, to attend a one day meeting zo attend of the League of California Cities Committee on Revenue and Taxation, meeting in Ber eley. to be held on March 7, 1957, in Berkeley. The Clerk presented Resolution No. 4601, accepting a Quitclaim Deed from Ralph P. Maskey and Irene Maskey on the following described property: Lot 8 in Block 54, River Section, Newport Beach, and a portion of a parcel of land in Section 29, T6S, R1OW, S.B.B.&M., Newport Beach. The City Attorney explained that said Quitclaim Deed was being given by Mr. and Mrs. Maskey in connection with the Orange County Superior Court Quiet Title Action, No. 69067. The generous action of the Maskeys saves the City considerable money since it eliminates the necessity of the City taking court action in this matter. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, Resolution No. 4601 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay The Clerk presented Resolution No. 4602, authorizing execution of a contract with Harold P. Johnson for lubricating oil for a period of one year commencing February 15, 1957. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Resolution No. 4602 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay R -4601 adopted, accepting Quitclaim Dee rom Rat h P. and Irene Maskey. R -4602 adopted, authorizine executicn of contract with Harold P, Jo nson or lubricating oil. i,/ The City Attorney presented an Affidavit of J. A. Gant, former Treasurer of the City of Newport Beach, wherein it is stated that a tax deed was issued through inadvertence on delinquent sewer Assessments No. 3773 and No. 3774, that said sewer assessments were paid in full, and that'the City has no interest or title to the property described under said assessments. The City Attorney presented Resolution No. 4603, authorizing the execution by the Mayor and City Clerk of a Quitclaim Deed to Louise K. Scoular, of Lots 7, 8, 9, and 10, Block 5, of Tract No. 772, Newport Beach, the title to which is clouded by the aforementioned tax deed. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, Resolution No. 4603 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay A lication for Re- The Clerk presented the Application for Resubdivision (No. 46) su NIR12n No. of Bert Hornsveld, 2211 Laurel Place, Newport Heights, northwesterly Bert Hornsve 72 feet of the southeasterly 197 feet of the northeasterly one -half of Lot 38, Newport Heights, Zone R -1, for creation of two building sites, which had been approved by the Planning Commission, Final Map waived. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said Application was approved. R -4605 adopted Resolution of In- tention to vacate portion of cean Front Sure 0 ony Tract. In connection with a proposed vacation of a portion of Ocean Front, Seashore Colony Tract, Newport Beach, the Clerk presented Resolution No. 4604, being a resolution approving a map showing the area. A discussion was had. It was explained that Floyd F. Hahn and Vera H. Hahn proposed to deed to the City, a portion of Lot 6, Block 3, Seashore Colony Tract, being 15 feet in width; and that by the proposed vacation the Hahns would obtain 15 feet adjacent to and southwesterly of their property; and by this deed the City would obtain the northeasterly 15 feet of said Lot 6 for alley purposes. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, Resolution No. 4604 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay The Clerk presented Resolution No. 4605, being a Resolution of Intention to close up, vacate and abandon a portion of a certain street known as Ocean Front, Seashore Colony Tract, Newport Beach, setting the date of hearing thereon for March 25, 1957. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, Resolution No. 4605 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay The Clerk read a letter from the Parks, Beaches and Recreation Commission recommending that the Municipal Code be amended to include proposed additions to existing designated swimming areas, i.e.: Between 17th and 18th Streets on the Trailer Park beach frontage, south end of Ruby Avenue and the bay, and the Rocky Point area. A discussion was had, Mr. Edward T. Healy speaking from the audience. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Attorney was instructed to draw up proper amendments to the Municipal Code to provide the swimming areas proposed. Ai lication for The Public Works Director presented the Application for Permit Permit o t Mrs. J. R. of Mrs. J. R. Packard, 4028 Channel Place, Newport Beach, to construct ac ar . 101° of concrete bulkhead on the southwesterly line of Channel Place, southwesterly of Lot 15, Block 441, Canal Section, Newport Beach. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, said Application was approved. (The construction of said bulkhead is in accordance with the agreement made for the vacation of a portion of Channel Place ordered by Resolution No. 4599.) Report on Water The City Manager stated that he had received, during the meeting, Storage and Trans- a Report on Water Storage and Transmission Mains from Mr. James M. mission Mains trom Montgomery, which had been delivered, kindness of Mr. A. Gene Rheault. James M. Montgomery. The City Manager distributed copies of said Report to the Council members, and Mr. Rheault commented briefly on the contents of said Report, bringing to the attention of the Council pertinent paragraphs. Report pre aired b Mayor Hill presented a report prepared by the Orange County Road OOr�ra�nng�,e__ �CoU �Y RRo__a�i Department on Arterial Highway Financing Program, which had been sub - Department- on Arterial mitted to the Orange County Board of Supervisors. She requested that Highway Financing the report be referred to the City Manager and the Public Works Director rogram. for study and recommendation. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said report was so referred. Further discussion A further discussion was had regarding the Report on Water Storage re Report on Water and Transmission Mains which had been received from James M. Montgomery. Stora a an Trans - On motion of Councilman Stoddard, seconded by Councilman Wilder and mission Mains. — carried, said Report was ordered received and filed. Ll 1 On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the meeting was adjourned. ATTEST: ty CLIerk, yor March 11, 1957 Adjournment. 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: Council - men Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the reading of the minutes of February 25, 1957, was waived, and they were approved as written and ordered filed. Mayor Hill opened the meeting for a public hearing in connection with the appeal from the decision of the Planning Commission granting Use Permit No. 293, enabling Samuel H. Downing to construct five units on Lot 11, Tract No. 1220, 1300 Coral Place, Newport Beach. The Clerk read the report from Walter M. Longmoor, Chairman of the Planning Commission, substantiating the reasons for the granting of said Use Permit on February 21, 1957. A letter from Mrs. Arthur J. Roy was read by the Clerk, and the following persons spoke from the audience protesting the granting of said Use Permit: Dr. David I. Nielsen, Mr. McNabb, Mr. W. Stuart Foote, Mrs. William K. McLain, Mr. Frederic J. Singer, Mr. John L. Creason, Mr. R. C. Petty, Mrs. Arthur Roy, and Mrs. Earl Lewis. The protestants alleged that by allowing multiple dwellings in this area, the traffic hazards and danger to..children attending the nearby schools would be tremendously increased. They further stated that they believed that the parking situation would become deplorable since there would not be sufficient off - street parking. :Rr. Samuel H. Downing spoke from the audience, defending his right to build the units desired, stating that under the Zoning Code, he actually would be entitled to build B units with a Use Permit rather than the 5 requested, because of the square footage he owns. Mr. Earl W. Stanley also spoke on behalf of the applicant. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, the hearing was closed. Chief of Police John L. Upson was asked to discuss the traffic situation in the area involved, and Chief Upson stated that traffic was fairly well under control at this time. ' Mr. Clinton Eastman spoke from the audience, expressing opinions contradictory to those of Chief Upson. A further discussion was held. Councilman Ridderhof made a motion, seconded by Councilman Hart, that Use Permit No. 293 be denied, reversing the action of the Planning Commission. Said motion lost by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Ridderhof NOES, COUNCILMEN: Wilder, MacKay, Stoddard, Higbie, Hill ABSENT, COUNCILMEN: None On motion of Councilman Wilder, seconded by Councilman Higbie and carried, the decision of the Planning Commission granting Use Permit No. 293, was upheld, and the construction of five units on Lot 11, Tract No. 1220, 1300 Coral Place, Newport Beach, was deemed reasonable and not detrimental to the health, welfare and safety of the residents in the vicinity, by the following roll.call vote, to wit: AYES, COUNCILMEN: Wilder, MacKay, Stoddard, Higbie, Hill NOES,-COUNCILMEN: Hart, Ridderhof ABSENT, COUNCILMEN: None Mr. Stuart Foote spoke from the audience and inquired about the procedure for changing the zoning in the entire Newport Heights area from R -3 to R -1. He was requested,to call upon the City Attorney to discuss this matter. Roll call. Approval of minutes. Public heari -ng re Use P— erinig No .Z93 Samuel own ng. Traffic hazards and an w to c l ren roug t out. Statements of Mr. Downing and Mr. Stanley. Hearin closed. Statements of Chief Upson. Notion t�o dente Use wit N0. 9 ost. Decision of Planniniz Commission upheld. Inquiry r re zoning c ange.