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HomeMy WebLinkAbout03/25/1957 - Regular MeetingOf Councilman MacKay left the meeting. A vote on Councilman Stoddard's motion was taken with all the Councilmen voting in favor of the motion. Councilman Wilder left the meeting at this time. Irvine Com an a,rg ee_ The City Attorney stated that he would be unable to finalize an , ment contanue agreement with The Irvine Company until the size of the reservoir was determined. The matter was continued for discussion at the next Council meeting. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the meeting was adjourned. r ,• ATTEST: M� S Clerlil Protests re swimming The Clerk presented a petition bearing 194 signatures, 12 letters area at sour en o and one telegram opposing an enclosed swimming area at the south end of Ruby Avenue _on a oa Ruby Avenue on Balboa Island. Inasmuch as said swimming area has been Islan deleted from the proposed ordinance designating swimming areas, on motion of Councilman Higbie, seconded by Councilman-Ridderhof and carried, said letters were ordered filed: Letter from J. The Clerk.presented a letter from Mr. J. Landvogt, Balboa Island, Landvogt r�antings expressing appreciation for the beautiful plantings on Park Avenue, Balboa on Park_ Avenue. Island,'and requesting that at each block a sign should be placed so that people will not walk their dogs there, suggesting that everyone be required to have covered containers for trash. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Letter from E. Wolfe re A letter from E. Wolfe, 201 Amethyst Street, Balboa Island, requesting low spot at Park and that the City bring up to grade the low spot at the corner of Park Avenue Amet -st, BalYo— Island_. and Amethyst Avenue, was presented. The Public Works Director commented that he was aware of the fact that water collects at this location and he suggested that money be budgeted in the next fiscal year budget to correct this condition. On motion of Councilman Higbie, seconded by Councilman ' Ridderhof and carried, said letter was referred to the Public Works Director for report back at a subsequent Council meeting as to the amount of funds required to make improvements of this nature. . 1 March 25, 1957 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 being absent. Councilman Wilder joined the meeting within a few seconds. Approval of minutes. On motion of Councilman Hart, seconded by Councilman'MacKay and carried, the reading of the minutes of March 11, 1957, March 18, 1957 (9:00 A.M.), March 18, 1957 (7:30 P.M.), and March-19, 1957, was waived, and they were approved as written and ordered filed. COMMUNICATIONS Letters from Balboa The Clerk presented a letter from the Balboa Peninsula Point Peninsula Point Association wholeheartedly endorsing the decision of the Council "to Association and H. C. utilize donations from the abandonment of East Bay Avenue for the Foss re construction of small boat slips," urging that construction be started s ps at trees. so that the slips may be in use by June. The Council's attention was directed to the fact that a check in the amount of $11,275 had.been received on March 20, 1957, "for public improvements for the benefit of property owners of the Balboa Peninsula, easterly of Main Street." The Clerk presented a letter addressed to Councilman MacKay from Mr. H. C. Foss "for Shore Mooring Owners" stating that shore boat owners on the Point are overhauling their boats in preparation for the summer and that painting of buoys and replacing lines will be affected by the installation of the slips, requesting advice regarding the starting of construction of the proposed slips at H Street. Mrs. Emory Moore, President of the Balboa Peninsula Point Association, spoke from the audience stating that all slips would be rented for a four year period and that said Association would back-up this guarantee financially. ' On motion of Councilman MacKay, seconded by Councilman Hart and carried, the Public Works Director was instructed to prepare plans and specifications, for mooring slips at H Street, to be presented for approval at the next' regular Council meeting. Protests re swimming The Clerk presented a petition bearing 194 signatures, 12 letters area at sour en o and one telegram opposing an enclosed swimming area at the south end of Ruby Avenue _on a oa Ruby Avenue on Balboa Island. Inasmuch as said swimming area has been Islan deleted from the proposed ordinance designating swimming areas, on motion of Councilman Higbie, seconded by Councilman-Ridderhof and carried, said letters were ordered filed: Letter from J. The Clerk.presented a letter from Mr. J. Landvogt, Balboa Island, Landvogt r�antings expressing appreciation for the beautiful plantings on Park Avenue, Balboa on Park_ Avenue. Island,'and requesting that at each block a sign should be placed so that people will not walk their dogs there, suggesting that everyone be required to have covered containers for trash. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Letter from E. Wolfe re A letter from E. Wolfe, 201 Amethyst Street, Balboa Island, requesting low spot at Park and that the City bring up to grade the low spot at the corner of Park Avenue Amet -st, BalYo— Island_. and Amethyst Avenue, was presented. The Public Works Director commented that he was aware of the fact that water collects at this location and he suggested that money be budgeted in the next fiscal year budget to correct this condition. On motion of Councilman Higbie, seconded by Councilman ' Ridderhof and carried, said letter was referred to the Public Works Director for report back at a subsequent Council meeting as to the amount of funds required to make improvements of this nature. . 1 IN M The Clerk presented a letter signed by Clyde R. Johnson, Co- Letter from C. R. Owner and Manager of the Rendezvous Ballroom, dated March 19, 1957, Jo nson re Ren ezvous in words as follows: Ballroom license. "I solicit the Honorable Mayor and City Council to permit a license to be issued in the name of Johnson and Anderson, 600 ' Surf, Balboa, the Rendezvous Ballroom, and do herewith apply for the same for the purpose of holding dances, private parties and special events." On motion of Councilman MacKay, seconded by Councilman Hart and Referred to City carried, said letter was referred to the City Attorney, City Manager ttoorrneey,�r City Manager and the Police Department for recommendation and report back at the `aP-Mce Department. next Council meeting. On motion of Councilman MacKay, seconded by Councilman Hart Re sale of crime horror and carried, a letter from Frank G. Bonelli, stating that Assembly comic books to minors Bill 64, banning the sale of crime horror comic books to minors seem y i under 18 years of age, failed passage by the Assembly Judiciary Committee, was ordered filed. On motion of Councilman MacKay, seconded by Councilman Wilder Protests re oil drill - and carried, telegrams from Mr. Joseph E. Grant and Mrs. E. J. ang. Grant, 627 Lido Soud, opposing oil drilling, were ordered filed. On motion of Councilman MacKay, seconded by Councilman Wilder Re 29th annual con - and carried, a letter from the California Sewage and Industrial kerence of Ca ornia Wastes Association announcing its 29th annual conference to be Sewage and Industrial held in San Diego, May 1 -4, 1957, was ordered filed. Estes ssociation. The Clerk presented a letter from the Shoreline Planning Associ- Re membership dues in ation of California Incorporated reminding the Council to budget Scene Plaaa_nin ' dues for membership; stating that the number of bills pertaining ping Association to beaches and parks had been larger than ever before and that Ca b ornaa Incorporated support would be needed by the Association to keep beach and park - matters on an even keel. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Manager was instructed to include dues for membership in said Association in the next fiscal year budget. The Clerk presented letters urging the allocation of funds for the annual 4th of July fireworks display from the following: Central Newport Beach Community Association, Newport Harbor Chamber of Commerce, Phyllis Hird, and Balboa Improvement Association. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, said letters were ordered filed. Mr. Orville Schlueter spoke from the audience inquiring "Does this mean you are not approving the request ?" A discussion ensued. Purchasing Agent Donald Means spoke regarding the availability of fireworks and the personnel required to put on the display. Mr. William L. O'Bryon, President of the Newport Harbor Chamber of Commerce, spoke from the audience urging that the Council approve the request for the 4th of July fireworks display. Col. Andrew Smith spoke from the audience opposing such expenditure of funds. Councilman Higbie stated that he was of the opinion that the fireworks display was .a fine thing for the children in the area and made a motion that the Council donate $1,000 for a fireworks display, to be paid out of the Advertising Fund or the General Fund. There was no second to the motion. Councilman MacKay made a motion, seconded by Councilman Hart, that the request of the Balboa Improvement Association, for allocation of $1,000 for fire- works, be denied. Councilman Ridderhof explained that he was voting no on this matter because of the heavy expenses anticipated for the coming fiscal year and that he was of the opinion that the expense for fireworks was not a necessary item. Mr. Frank Jordan, President of the Corona del Mar Chamber of Commerce, spoke from the audience stating that said organization had taken no stand one way or the other regarding the fireworks. A vote on Councilman MacKay's motion was taken, with all Councilmen voting in favor of denying the request of the Balboa Improvement Association for the fireworks display, with the exception of Councilman Higbie who voted no. Letters re allocation of un s for rewor s. Discussion re fireworks The letter from the State Board of Equalization expressing Letter from State Board appreciation for cooperation of City officials in assisting the State o W ua zatgon re Board in the administration of the Bradley -Burns Uniform Sales Tax a ems Iax, was presented, and ordered filed, on motion of Councilman Hart, seconded by Councilman MacKay and carried. The Clerk presented a copy of a resolution of the Huntington Beach Chamber of Commerce, approving the Orange County Master Plan of Arterial Highways and recommending study by State Highway authorities of a proposed routing of a Coastal Highway serving the City of Huntington Beach and other coastal communities. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said communication was ordered filed. The Clerk presented a letter written to Mayor Dora Hill from The Women's Council of Our Lady of Mt. Carmel Church, Newport, re- questing that those persons, engaged in theatre management, screen with particular care the suitability of content of motion pictures for youthful audiences during the weeks of Easter vacation. Mayor Hill and Councilman Hart commented that the suggestion was excellent. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said letter was ordered filed. Letter from Huntington Be` cHre rterLa Hb ways. Letter from women's Council of Our L of Fit. Carmel urc ai re movies ur ne aster vacation. �..r :u Letter from State The Clerk presented a letter from Robert C. Kirkwood, State Controller, Contro er re regarding apportionment of Trailer Coach Fees, stating that Orange County Trailer C—o—ac-N Fees. has received $13,770.43 as its share of such fees for the period of June 1, 1956, through November 30, 1956, which letter was ordered filed on motion of Councilman Hart, seconded by Councilman Ridderhof and carried. Letter from Oran a The Clerk presented a letter from W. L. Wells, President, Orange ' ount aim Bureau County Farm Bureau, and James Alderson, Chairman, Tax Committee, re re ucing tax rates. requesting all tax levying bodies in Orange County to reduce tax rates. Said letter was ordered filed on motion of Councilman Wilder, seconded by Councilman MacKay and carried. UNFINISHED BUSINESS Report of James M. The Clerk read a report from James M. Montgomery, Consulting Engineer, Mont omer re cost prepared by R. C. Kenmir, Chief Engineer, dated March 25, 1957, regarding estimates tor the cost estimates for proposed water supply project to be financed and reservoir project. constructed by the City of Newport Beach. The report contained the following table which simplifies the comparison of alternates available: *This cost includes the filling and testing of the reservoir. Re written statement i During the discussion, it was the consensus that it would be wise to as to completion date. have a written statement from the Consulting Engineer to the effect that in his opinion, if the schedule submitted on March 21 were followed, the ' reservoir could be constructed, or at least partially constructed, by July or August of 1958. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, the report of James M. Montgomery was ordered filed. Statement of policy A statement of the City Council of the City of Newport Beach regarding re`,ater Reservoir "Water Reservoir Project" dated March 25, 1957, was read by the Clerk. On Project." motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, this statement of policy was adopted as Council policy, and is herein set forth in the minutes in its entirety: "The City Council of the City of Newport Beach has stated repeatedly for nearly a year that everything possible must be done to provide water storage in time for use during the summer of 1958. "After receiving the news that Costa Mesa was tabling the joint reservoir project, the Council found its goal of having reservoir storage available by the summer of 1958 in serious jeopardy. It therefore took action March 21 to remedy the situation, by authorizing the immediate employment of the Consulting Engineer to prepare final reservoir plans and by indicating its intention to proceed independently with a substitute project. ' "The entry of the City of Costa Mesa into reservoir discussions last November resulted from that City's awakened interest in the possible advantages of a joint project. Prior to Costa Mesa's interest the City of Newport Beach and The Irvine Company, which had offered land for the project either to one or a combination of agencies, had virtually concluded that Newport Beach would, of necessity, proceed on its own to construct the project. When Costa Mesa indicated its interest in joining with Newport Beach, this City again emphasized its need for prompt action in order to have additional storage by the summer of 1958, and Costa Mesa officials cooperated fully in gearing that City's program to Newport Beach's time- table. Nevertheless, the problems of developing the joint project were complex and took time which Newport Beach could ill afford to spare. On the eve of the adoption of the joint venture by both cities the City of Costa Mesa injected what to Newport Beach appears to be an extraneous issue: the status of property involved in two disputed annexations. The prospect of further delay occasioned by this surprising and dis- appointing move required an immediate reappraisal I by Newport Beach, resulting in the actions taken last week and described herein Proposed Reservoir. Capacity (Acre -feet) Item 600 900 1200 Approx. area of reservoir site 40 ac. 55 ac. 70 ac. Fixed -costs $1,027,000 $1,027,000 $19027,000 *Reservoir construction cost $ 754,000 $1,077,000 $1,316,000 Total estimated project cost $1,781,000 $2,104,000 $29343,000 *This cost includes the filling and testing of the reservoir. Re written statement i During the discussion, it was the consensus that it would be wise to as to completion date. have a written statement from the Consulting Engineer to the effect that in his opinion, if the schedule submitted on March 21 were followed, the ' reservoir could be constructed, or at least partially constructed, by July or August of 1958. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, the report of James M. Montgomery was ordered filed. Statement of policy A statement of the City Council of the City of Newport Beach regarding re`,ater Reservoir "Water Reservoir Project" dated March 25, 1957, was read by the Clerk. On Project." motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, this statement of policy was adopted as Council policy, and is herein set forth in the minutes in its entirety: "The City Council of the City of Newport Beach has stated repeatedly for nearly a year that everything possible must be done to provide water storage in time for use during the summer of 1958. "After receiving the news that Costa Mesa was tabling the joint reservoir project, the Council found its goal of having reservoir storage available by the summer of 1958 in serious jeopardy. It therefore took action March 21 to remedy the situation, by authorizing the immediate employment of the Consulting Engineer to prepare final reservoir plans and by indicating its intention to proceed independently with a substitute project. ' "The entry of the City of Costa Mesa into reservoir discussions last November resulted from that City's awakened interest in the possible advantages of a joint project. Prior to Costa Mesa's interest the City of Newport Beach and The Irvine Company, which had offered land for the project either to one or a combination of agencies, had virtually concluded that Newport Beach would, of necessity, proceed on its own to construct the project. When Costa Mesa indicated its interest in joining with Newport Beach, this City again emphasized its need for prompt action in order to have additional storage by the summer of 1958, and Costa Mesa officials cooperated fully in gearing that City's program to Newport Beach's time- table. Nevertheless, the problems of developing the joint project were complex and took time which Newport Beach could ill afford to spare. On the eve of the adoption of the joint venture by both cities the City of Costa Mesa injected what to Newport Beach appears to be an extraneous issue: the status of property involved in two disputed annexations. The prospect of further delay occasioned by this surprising and dis- appointing move required an immediate reappraisal I by Newport Beach, resulting in the actions taken last week and described herein "The joint project called for bond issues in the two cities totaling $1,878,000 for each and would have produced a 1200 acre foot reservoir. The Consulting Engineer had previously concluded, after studying the long term water requirements for Newport ' Beach and its proposed ultimate population of 75,000 persons, that a reservoir of about 600 acre feet capacity would be adequate for this city's needs. This conclusion is still valid, and it is the current thinking of the City Council that it will establish the size of the reservoir at 600 acre feet at an adjourned Council meeting to be held next Friday March 29, unless some compelling economic reasons are advanced prior to this date that demand consideration of a larger reservoir. "The City Council further plans to set an election for May 28, 1957, at which voters will be asked to approve a bond issue totalling $1,780,000 to build a 600 acre foot reservoir together with all necessary pipe lines, and to finance correction of some $250,000 worth of current and pending water system deficiencies. "The City Council has deliberately deferred these important decisions until this late hour with the hope that some acceptable compromise solution, providing for the construction of a larger reservoir, could be advanced. The Council is cognizant that a larger reservoir can be justified in terms of the ultimate needs of the whole coastal area, but it cannot at the present time conclude that the citizens of Newport Beach should be expected to finance a larger reservoir than is necessary for the future needs of this City as determined by sound engineering judgment." The City Manager presented a statement to clarify any misunder- standings which may have resulted from recent newspaper stories concerning the responsibility and authority for Newport Harbor operations. The City Manager specifically pointed out that in the Orange County Section of the Los Angeles Times on March 24, 1957, an article concerning the appointment of Kenneth Sampson as Orange County Harbors District Manager, contained many inaccuracies. Mr. Shelton's statement sets forth that an accurate presentation of the facts will show that: "1. For many years, and particularly in recent months, the City and County officials have been conferring both officially and unofficially concerning alternatives to the present division of authority and responsibility for harbor operations, including their financing. "2. The City Council has requested its Citizen's Advisory Committee to examine present operations ' and advise the Council with respect to possible changes. This group has not as yet submitted its recommendations. "3. Present sharing by the City and the County of authority, responsibility and financing with respect to any aspects of harbor operations and development can be officially altered or modified only after full clarification of details and official actions by both the City Council and the ,Board of Supervisors. "Finally, investigation discloses that none of the individuals named in the news story (Mr. Kaiser, Mr. Sampson and Mr. Shelton) was the direct source of the information contained therein." Mr. Harvey Somers spoke from the audience in regard to this matter. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said report was ordered filed and the Clerk was directed to show in the minutes that the Council understands that the report sets forth a true statement of the facts in the matter. e? °j Statement re ewpol�T�rt tar�or operations. LICENSES The Clerk presented an Application Exempt License of L. G. Walker, Exempt License for ' Balboa Bay Lions Club, to conduct .a fund raising appeal for a Tommy To 'osger Foster Memorial at the Youth Center in Corona del Mar, April 1st to Memorial 21st, which had been approved by the City Attorney and the Police Department. On motion of Councilman Higbie, seconded by Councilman Wilder and carried, said application was approved. Esther E. Nicks The Clerk presented the Application for License of Esther E. Nicks, Avon ro ucts. 1535 Superior Avenue, Costa Mesa, to conduct house to house soliciting for Avon Products, which had been approved by the Police Department and the City Attorney. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said application was approved. Burton E. and The Clerk presented the Application for License of Burton E. Dona _Enright, Enright and Donald G. Enright, for on -sale beer and packaged foods only T e eac Roamer. at The Beach Roamer, 104 Main Street, Balboa, bearing the approval of the Building, Fire, Health and Police Departments, and the City Attorney. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said application was approved. ADDITIONAL BUSINESS Acceptance of bid The City Manager presented the recommendation that,the bid of of .ea rave- irc Seagrave - Hirch, Inc., in the amount of $25,530.96, be accepted for the Inc. or urc ase award of contract for the purchase of a 1000 GPM, Class A; triple of tire or combination pumping engine for Fire Station No. 6. He stated that irF e t on old. five bids had been received and that three of the bids submitted were lower than the one of Seagrave - Hirch, Inc., but that the other bidders had not complied in all respects with the specifications. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the bids of the first three low bidders were rejected on the basis that they did not comply with specifications and the next low bid of Seagrave - Hirch, Inc., in the amount of $25,530.96, was accepted. R -4622 adted, The Clerk presented Resolution No. 4622, expressing appreciation to Fa preciutaon to L. William Covert for the fine service he has rendered to the City W. Covert. government and to his fellow citizens, and gratitude for the tribute to Mr. Covert and his Department represented by the honor and distinction of being named "Boss of the Year." On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, Resolution No. 4622 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 R -4616, re removal On motion of Councilman Hart, seconded by Councilman Stoddard and tan ar Oil carried, Resolution No. 4616, requesting the Standard Oil Company of company odour California to remove the four aboveground storage tanks located between storage tanks. 18th and 19th Streets on Balboa Boulevard, Newport Beach, 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 T. Healy spoke from the audience and congratulated the Council on taking the above indicated action. Re mooring slips The Council granted the City Manager a continuance of time to the at erican Legion adjourned meeting of March 29, 1957, for.the presentation of plans for property, the construction of mooring slips at the American Legion property. Ordinance No, 808. Ordinance No. 808, being Plumbing.ordinance. AN ORDINANCE OF THE'CITY OF NEWPORT BEACH REQUIRING PERMITS AND PROVIDING RULES AND REGULATIONS FOR THE CONSTRUCTION AND INSTALLATION OF PLUMBING; PROVIDING PENALTIES FOR THE ~ VIOLATION THEREOF; AND REPEALING ORDINANCES NOS. 379 AND 493 OF THE CITY OF NEWPORT BEACH, Passed to second was presented. On motion of Councilman MacKay, seconded by Councilman r ®a ng_. Stoddard and carried, the first reading of said ordinance was waived. Councilman Stoddard made a motion•to pass Ordinance No. 808 to second reading, which was seconded by Councilman Ridderhof. The City Manager explained briefly certain of the differences in the new ordinance from the ordinance under which the City had been operating for twenty - six years. Ordinance No. 808 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 R -4617 adopted, On motion of Councilman Hart, seconded by Councilman Wilder and ac— e Cin Grant Deed carried, Resolution No. 4617 was adopted, accepting a Grant Deed from rom F o a F, an Floyd F. Hahn and Vera H. Hahn for a portion of Lot 6, Block C, Seashore era H. n. Colony Tract, 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 announced that this was the time and place for hearing in connection with Resolution of Intention No. 4605, regarding the proposed vacation of a portion of Ocean Front, Seashore Colony Tract. Mayor Hill opened the hearing. There were no protests made, and Mayor Hill closed the hearing. The Clerk announced that the property had been duly posted and notice of hearing had been duly ' published. On motion of Councilman Hart, seconded by Councilman MacKay and carried, Resolution No. 4618, ordering the vacation of a portion of that certain street known as Ocean Front in the Seashore Colony Tract, Newport Beach, 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 On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, Resolution No. 4619, accepting an Easement Deed from Kathryn Lillard Wheeler, for a right of way or easement ten feet in width, over a portion of Block 94, Irvine's Subdivision, 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 Public Works Director stated that this property was necessary for the construction of the underbay water main from the Peninsula to Bayside Drive. On motion of Councilman Hart, seconded by Councilman Wilder and carried, Resolution No. 4620, accepting Grant Deed from Charles H. Kingsland and Elizabeth H. Kingsland for the westerly three feet of Lot 25, Tract No. 1011, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: The Public Works Director for the construction of the un to Balboa Coves. Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill None None stated that this property was necessary 3erbay water main from Newport Island Mayor Hill declared a five minute recess at this time. The Clerk presented a letter from the Parks, Beaches and Recreation Commission recommending that the City acquire Lots 3, 4, 5, 6, and 7, Block 145, Channel Place area, and the triangular piece of property bordered by the abandoned waterway and the Channel frontage, owned by Mr. Stanley. A discussion was had. Mrs. Emory Moore and Mr. Hal Glass spoke from the audience. The consensus was that additional information should be had as to whether or not the request was a "number -one" priority request of the Commission. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the letter was referred to the City Manager to request the. Parks, Beaches and Recreation Commission to appear at the next regular Council meeting to present its recommendation. The Clerk presented for approval an application for permit for an existing pier: Percy Friedlander, 525 North Maple Drive, Beverly Hills, for pier and float bayward of property located at 712 Via Lido Nord, Lido Isle, Lot 49, Tract No. 907. The Public Works Director stated that there was an existing pier at said location, but that no permit had ever been issued for said pier. He recommended that the proper procedure would be to approve a permit for the existing pier and the transfer of the pier permit to Percy Friedlander. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said recommendation was accepted and the permit was approved. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Application for Resubdivision No. 47, William G. Mowat, 5008 and 5006 Neptune, Newport Beach, Lots 8 and 9, Block 50, River Section, Zone R -2, for the creation of four building sites; existing lots are too deep for practical purposes; having been approved by the Planning Commission, waiving requirement of Final Map and waiving area requirement under subdivision ordinance, was granted. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the action of the Planning Commission in denying the Application for Resubdivision No. 49 of Ermon W. and Mary Lee Smith, 312 Catalina Drive, Lot 10, Tract No. 444, Zone R -2, for the creation of two building sites, was upheld, and the Application was denied. ' On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the Application for Resubdivision No. 50, Jacton Corp. west of 4505 West Balboa Boulevard, portion of Lot 8, Block 145, Canal Section, Zone R -2, for the creation of two building sites; (lot contains approximately 9, 950 square feet which makes it very large for the two allowable dwellings); having been approved by the Planning Commission, waiving requirement of Final Map and waiving area requirement under subdivision ordinance, was granted. m e.a -� . A. t , a. R -4618 adopted orUering vacation of portion of_ Ocean Front, Seas ore Colony Tract. R -4619 adopted, accepting Easement Deed from K. L. ee er. R -4620 adopted, acce It in Gran$ Deed from C. H. and E. H. Kings an . Recess. Letter from P B & R re acquiring Lots 3 Bloc annel P ace area. Pier ermit: P. FrPMTHRer. . Resubdivision No. W. G. Mo _t. Resubdivision No. E. an M. L. S.,. t Resubdivision No. acton orp. m ^. `�' V- "�. Ordinance No. 816. Ordinance No. 816, being Re swimming_ areas. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10157 OF CHAPTER 1 OF ARTICLE X OF THE MUNICIPAL CODE, BY ADDING SUBSECTIONS H AND I PROVIDING FOR TWO ADDITIONAL PROTECTED SWIMMING AREAS, Ordinance No. 816 (Trailer Park beach and Rocky Point areas) was presented for second , a opte reading. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the second reading of said ordinance was waived. On motion of Councilman Hart, seconded by Councilman MacKay and carried, Ordinance No. 816 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 Ordinance No. 815. Ordinance No. 815, being Re one -wa street. AN ORDINANCE AMENDING SECTION 3250.1, ia Oporto etween Moan- SUBSECTION ENTITLED "NEWPORT BEACH" -M— Via OF THE MUNICIPAL CODE OF THE CITY OF treet. NEWPORT BEACH, PROVIDING FOR THE DESIGNATION OF ONE -WAY STREETS, Passed to second (Via Oporto between Via Lido and 32d Street, south bound traffic only) rea ang. was reintroduced, as it had been reworded. On motion of Councilman Hart, seconded by Councilman Wilder and carried, the first reading of said ordinance was waived. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Ordinance No. 815 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 Ordinance No. 812. Ordinance No. 812, being Re campfire areas. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 3107, 3108, 3110 AND 3112 OF CHAPTER 1 OF ARTICLE III OF THE MUNICIPAL CODE, Ordinance No. 812 designating campfire areas, was presented for second reading., On motion of a opte . Councilman Hart, seconded by Councilman MacKay and carried, the second reading of said ordinance was waived. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Ordinance No. 812 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 Report of Traffic The City Manager presented the report of the Traffic Committee regarding Committee re re uest the request of Little Island Association, Inc., for certain traffic controls. of Litt a Is an It was the recommendation of the Committee that the suggestions made by the ssoc. Inc. or Association be followed, with two exceptions, and said letter stated that if certain trattic con- the recommendations are accepted, the Street Department was prepared to make tro s. the necessary changes. A discussion was had. On motion of Councilman Higbie, seconded by Councilman Wilder and carried, the report of the Traffic Committee was approved as amended to include all the stop signs requested by the Little Island Association, Inc., and the City Manager was directed to make said installations. Resolution No. 4621. The Clerk read the following Resolution, numbered 4621: In memory of Mr. Dick "WHEREAS, the Council of the City of Dra%e.� Newport Beach has been saddened to learn of the death of Mr. Dick Drake; and "WHEREAS, Mr. Dick Drake served the City of Newport Beach as Councilman from April 20, -1948, to April 9, 1951, and as Mayor of the City of Newport Beach from May 10, 1948, to April 18, 1950; "NOW, THEREFORE, BE IT RESOLVED, that the members of the City Council of the City of Newport Beach for anion behalf of its citizens and themselves do hereby pay tribute to the memory of Dick Drake and express appreciation for his un- selfish and valued service to the City; ' "BE IT FURTHER RESOLVED, that this resolution be entered in the minutes of the City Council meeting this date and that a copy be delivered to Mrs. Rowena Drake.' R -4621 adopted. Resolution No. 4621 was adopted on motion of Councilman MacKay, seconded by Councilman Wilder and carried, 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 Stoddard, seconded by Councilman Ridderhof Ad_�ournment. ' and carried, the meeting was adjourned to Friday, March 29, 1957, at 4:00 P.M. Mayor ATTEST: March 29, 1957 The City Council of the City of Newport Beach met in adjourned Ad °o: mourned regular regular session in the Council Chambers of the City Hall at the hour of session. 4:00 P.M. The roll was called, the following members being present: Council- Roll call. men Hart, MacKay, Stoddard, Higbie, Ridderhof and Hill; Councilman Wilder being absent. I Mayor Hill called the meeting to order. LICENSES The Clerk presented Applications for Exempt License of Gordon M. Smith, David A. White, Alan L. Jones, Jr., William Craig Jones, Elders of the Church of Jesus Christ of Latter Day Saints, 1591 East Temple Way, Los Angeles, for house to house soliciting and distributing of literature for said Church; approved by the Police Department and the City Attorney. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said Application was granted. The Clerk presented an Application for License of Paul R. Elston, Newport Pier Fishing Fleet, for fishing barge "Georgia" one mile off Newport Pier, being a change of ownership; approved by the Police De- partment and the City Attorney. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said Application was granted. Call to order. Exem? t License of E ders of attar Day aznts. Paul R. Elston for fishing a� 'r Geo x a The Clerk presented an Application for License of Paul R. Elston, Paul R. Elston for Newport Pier Fishing Fleet, for on -sale beer and food on fishing barge on -sae beer an "Georgia;" approved by the Police Department and the City Attorney. On food on fishing motion of Councilman Hart, seconded by Councilman Ridderhof and barge Georgia . carried, said Application was granted. ADDITIONAL BUSINESS ' A report from James M. Montgomery, Consulting Engineer, by R. C. Report from _James M. Kenmir, Chief Engineer, dated March 28, 1957, was read by the Clerk. Montgo re Said report sets forth an estimated schedule for the construction of construction of a proposed 600 acre -foot reservoir and, barring unforeseen cir- reservoir. cumstances, schedules August 1, 1958, as the date of complete construction of the reservoir ready to receive water. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said report was ordered filed. A discussion was had. On the basis of engineering reports, Re reservoir size. Councilman Ridderhof made a motion, seconded by Councilman MacKay and carried, that the plans for the construction of the reservoir be drawn on a basis of 600 acre -foot storage capacity. Councilman Hart requested that the record show that the size of the proposed reservoir had not been decided or agreed upon until the vote on the above motion. A proposed agreement between The Irvine Company and the City of Presentation of pro - Newport Beach in terms similar to the agreement presented at the time oss§d a reemeng it was anticipated that Costa Mesa would be a party to the joint wzZ he rry ne project for the construction of the reservoir, was presented. A Company. discussion was had, and under Article I, Section A of said agreement, the figure "40" acres, more or less, was inserted as the estimated amount of land to be granted by The Irvine Company to the City of Newport Beach; under Article I, Section B, the storage capacity of the proposed reservoir was set at not less than 600 acre -feet by the insertion of the figure 1°600;" under Article III, "June 30, 1957," was inserted as the date upon which said agreement would be nullified if the voters defeat the proposition for the issuance of ' bonds for the proposed reservoir, or upon other conditions. Resolution No. 4623, authorizing the Mayor and City Clerk to R -4623 re executinr execute said Agreement, was presented. On motion of Councilman o of agreement. Stoddard, seconded by Councilman MacKay and carried, Resolution No. 4623 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 -4624 adopted, The Clerk presented Resolution No. 4624, being a resolution of the re 9—Decial Municipal City Council of the City of Newport Beach, California, ordering, calling , BO�E3ection to 65 and providing for a special election to be held in said City on the.28th held on ay , day of May, 1957, for the purpose of submitting to the qualified voters of said City a proposition for the approval of a certain contract and consolidating said election with the Special Municipal Bond Election to be held in said City on said date. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4624 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 -4625 re public The Clerk read Resolution No. 4625, being a resolution of the City interest and necessit .Council of the City of Newport Beach, California, determining that the Statements of Mr. public interest and necessity demand the acquisition and construction of Adair re feelings of a certain municipal improvement, and making findings relating thereto. Realty Board. Councilman Stoddard made a motion that Resolution No. 4625 be adopted, R- 46Z.) )adopted. which motion was seconded by Councilman MacKay. A discussion was had. Mt. Art Adair, President of the Newport Harbor Board of Realtors, spoke from the audience. He stated that the Board of Realtors (many,of whom were present) had been very active in the last few days attempting to bring the Council of Costa Mesa and the Council of Newport Beach to agreement so that the reservoir could be constructed as a joint project. The Council informed Mr. Adair that attempts had been made by the City of Newport Beach to bring about such a situation for many months and that the City of Newport Beach had taken all the steps possible toward this end. ' It was again brought out in the meeting that Newport Beach was in desperate need of a water storage reservoir and that time was of the essence. The roll was called on the motion to adopt Resolution No. 4625, which carried by the following vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Ordinance No. 819. The Clerk read Ordinance No. 819, being Calling election re AN ORDINANCE OF THE CITY OF NEWPORT BEACH, reservoir. CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL BOND ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH ON THE 28TH DAY OF MAY, 1957, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT. Passed to second On motion of Councilman Stoddard, seconded by Councilman MacKay and rea ing_. carried, Ordinance No. 819 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay,-Stoddard, Higbie, Ridderhof, Hill ' NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Employment of A letter from O'Melveny &,Myers, dated March 25, 1957, being a letter of O'Melveny y Myers. employment of said law firm for the bond election, was read by the Clerk. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, O'Melveny & Myers were employed by the City of Newport Beach as Attorneys in accordance with the terms set forth in said letter of March 25, 1957. Letter from 0°Melven A second letter from O'Melveny & Myers, concerning charges for election els re a ection work regarding the joint powers proceedings, was presented, and the City Manager w ort c arges. was instructed to obtain further information to clarify said letter. W80 transferred On motion of Councilman Stoddard, seconded by Councilman Ridderhof and a action. carried, the sum of $2780 was authorized to be transferred from Council Contingencies to a Special Election Budget for the proposed bond election. Adjournment. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the meeting was adjourned. Mayor ATTEST: city Clark