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HomeMy WebLinkAbout08/12/1957 - Regular Meeting1 August 12, 1957 Regular session. C .. - 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 :- Council- men Hart, Wilder, MacKay, Stoddard, Higbie, Hill; Councilman Ridderhof being "absent. ; A roval of minutes On motion of Councilman.Hart,:seconded by Councilman Wilder and o July 22, carried, the reading of the minutes of July 22, 1957, was waived and they were approved.as written and ordered filed. COMMUNICATIONS Letter from Chamber" :-The-.Clerk presented a letter from the -Newport.Harbor Chamber::of of Commerce re of er Commerce-expressing appreciation.-for the Council's offer to. allocate $500 of toward ex- toward the expenses of the Flight of the Snowbirds, stating that the- e o ig t of Chamber is not now in need of the funds. On motion of Councilman MacKay, no> ra - -- seconded by Councilman Wilder -and carried, =said letter was ordered filed. Letter from Biane On motion of Councilman Hart;.secondedl by Councilman- MacKay and am comp mentin carried, a letter was ordered filed from "The.Biane Family," 1113 West Police an re e- Balboa Boulevard; Newport Beach, commending ;the.Police Department and the prgtments. Fire - Department for quick action and considerate ways in a recent serious emergency.. Request of Assistance A letter was presented from Mrs. .Jack'Broering, Poster Chairman of the ea ue to cost sib Assistance League of Newport Beach-, Junior.'Auxiliary, requesting permission in Newport Beach. to dis•tribute.posters.and place posters on telephone poles,. lifeguard stands, et cetera;-in Newport:Beach, announcing -a benefit-Pops--Concert-with-David Rose and his orchestra on September 7, 1957, in Laguna - Beach.. . Mrs-.- Broering was in the audience and .she was informed that.there is an ordinance prohibiting the..posting of-signs on telephone poles, et ""cetera. On motion .of - Councilman Wilder, seconded by Councilman Hart and carried, the request,to. post signs was denied. Discussion re schedule The Clerk presented.a letter from Mr`.:B. Z. McKinney enclosing-.an or earin re, se appeal-from the decision of ahe_Planning Commission on July 2'S, 1957, granting Permit No.. . an _ Roberts and Sons, Use Permit No. 338 and two,height :variances under Application Variance _.o. .- -, 'Roberts for Vatiance "No. 391. !Said - appeal was signed by Mr. McKinney.on.behalf of an sons. himself, Carter H. Lane, Leo.Stater, Logan Jackson and Cecil S. Blinn. Said letter contained a: request that the hearing regarding the appeal.be set for the, first- Council.meeting in. September... .A Ietter from. Mr.. George. Penney requesting that the hearing of the appeal be held.on-August 26, 195:7, was A letter from M. H. Cedric Roberts of Roberts Development Co., _presented. requesting that. the hearing of the-appeal be set for August 26, 1957, was presented. A letter from Mr. Ralph P. Mas:key urging that the subject Use Permit be granted by the Council, was presented. Mr,. B. Z. McKinney spoke from the audience reiterating the reasons set forth4in his letter for requesting that the hearing.-of the.appeal.be set for :.September 10, 1957. Mr: '.George Penney-.'spok'e, from;:the -audience reiterating his reasons-,for desiring: the hearing to;be held on August.16,_ 195.7.., A discussion.was had. Mention.was made-of the fact that there would.be:a. -lapse of approximately one month between the decision made by'.the,Planning-_Commission and the time for presentment of arguments to-the Council if the -hearing -were. scheduled for August 26, 1957. Councilman MacKay made,a_ motion, seconded by Council- man Higbie; that the ,hearing be scheduled for.August.26; 1957... _ Councilman Stoddard stated that he would vote against setting-the hearing for-said date since he would :be ._absent .from.the City .at that time-, and that the matter involved property in his District. Councilman Hart stated that he would also vote.against.setting. the. "hearing on August 26, 1957,: as he thought it would be wise to have the Councilman from:the District concerned present at the hearing, and also 'in view of the -fact that Councilman Stoddard had been present at the Planning Commission hearing and 'was aware of the arguments presented:at that time. Colonel -.;A. W. Smith spoke -from the audience on- behalf of. those. requesting.:that the hearing be held,on•_September 10, 1957:: A roll call-.vote was-taken on Councilman- MacKay's motion, which carried by the following vote, to wit:. AYES, COUNCILMEN:'. Wilder, MacKay, Higbie,:Hill NOES, COUNCILMEN: Hart, Stoddard. ABSENT, COUNCILMEN_ Ridderhof Further discussion A further discussion was had. Mr. George Penney. and Mr. B. Z. McKinney Fe Penney property, made a request that the Council visit the subject property. Councilman Wilder stated that he was of the opinion that the 'Planning Commissioners had been unjustly accused of.hay.ing=madq ' up their-minds to make a.'certain decision prior to the hearing of evidence for and against the - granting of.subject Use Permit. He stated that the City of Newport Beach was very fortunate to have a fine Planning Commission which investigated matters prior to hearings and rendered decisions on evidence obtained and evidence presented. Mayor Hill and Councilman MacKay concurred in the statements made by Councilman Wilder. Councilman Ridderhof joined the meeting at this time. Statements of Mr. Mr. H. J. Lorenz spoke from the audience opposing the granting of the orenz. aforementioned Use Permit. 1 The Clerk presented a letter from R. L. Dahlgren, President of the Balboa Coves Community Association, appealing from the decision of the Planning Commission, granting Use Permit No. 342 to Earl W. Stanley, to change and upgrade mooring facilities at 4401 West Coast Highway, Newport Beach. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said matter was set for public hearing on August 26, 1957. . The Clerk read a letter from Richard J. Sandoval, Jr., and Lois M. Sandoval, owners of Playland Arcade in Balboa, requesting that the Council meet with them, before the restrictions imposed by the present business license ordinance go into effect, to determine whether or not a solution may be worked out so that they may continue the type of amusement area they now operate. A discussion was had. Mrs. Sandoval spoke from the audience. It was the consensus of the Council that the proper place for discussion of this matter was a Council meeting. Mrs. Sandoval was informed that the ordinance describes the type of amusement games which are prohibited and the type of amusement games for which licenses may be obtained. She was invited to confer with the City Manager and the City Attorney in to this matter. On motion of Councilman MacKay, seconded by Council- man Ridderhof and carried, the subject letter was ordered filed. The Clerk presented a letter from Mark Engelke, President of the West Newport Improvement Association, requesting that an access street be cut through at 47th Street to Seashore Drive as there is no cut - through between 36th and Orange on Seashore. The Public Works Director stated that it would seem desirable to have such a road cut through from Neptune. Mr. Engelke was requested to confer with people in the area to determine whether or not they would be interested in participating in the anticipated expense of such an improvement, which was estimated at between $1200 and $1500. Mr. Engelke spoke from the audience and stated he would be glad to make ' inquiry. The Public Works Director commented that the improvement would involve crossing over the railroad tracks and perhaps cross - bucks would be sufficient protection. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said letter was ordered filed. The Clerk presented a letter from Mrs. Sidney A. Sanders, President of Girl Scouts of Newport Harbor, stating that the ten year lease which the Newport Harbor Girl Scout Association has had with the City, at 1700 West Balboa Boulevard, expires on November 30, 1957, requesting renewal of the lease on the same basis and for a similar period of time as the current lease. On motion of Councilman Hart, seconded by Councilman Wilder and carried, this matter was referred to the City Manager and the City Attorney to prepare another lease between the City and the Girl Scout Association of Newport Harbor; with Councilman Stoddard voting no. Councilman Stoddard stated that upon the expiration of the present lease, the clubhouse would become the property of the City of Newport Beach and that he was of the opinion that the Parks, Beaches and Recreation Commission should have an opportunity to make recommendations for the use of the property. Mrs. Sanders was invited to address the Council. She spoke from the audience and described the activities of the Girl Scouts, the uses for which the subject building is made available, and the benefits derived by the community, as a whole, from the use of the property. She thanked the Council for the steps taken to renew the lease. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, a letter from Dr. Patricia Simmons, Director of Tri- College Survey, expressing appreciation to the Council for its endorsement of a survey- project, was ordered filed. The Clerk presented the request of R. M. C. Fullenwider, Secretary- Manager of the Orange County Fair, to operate a calliope mounted on a pickup truck to advertise the Fair between 1:00 P.M. and 5:30 P.M., on August 17, 1957, for not more than five minutes each hour. On motion cf Councilman Ridderhof, seconded by Council- man Hart and carried, the Application for Permit for Public Address System was granted conditioned as set forth above, and that the Orange County Fair remove all posters improperly posted immediately. ,Tr, a Hearine re Use Permit. No. 342 ar ' tan e set or��u__—o saran. oust 9 Letter from owners of Playland Arcade re business aceL nr se ordinance. regard The Clerk presented the Application for Permit for Public Address System of the Four Jolly Rogers; Bill Skiles, Dick Elsner, Carl Svedeen and Dick Bushee, 302 - 35th Street, Newport Beach: To sing as an acappella quartet in the harbor area aboard a raft. On motion of Councilman Wilder, seconded by Councilman Higbie and carried, said Application for Permit was granted, to be effective between the hours of 10:00 A.M. and 9:30 P.M. for the remainder of the month of August, 1957. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, a letter from the State of California, Regional Water Pollution Control Board No. B, setting forth the manner.in which application for a construction grant for the construction or remodeling of sewage treatment.works may be made, was referred to the City Manager. Re reouest of West Newport Improve- ment ssoc atlon Mat an access street be cut t i ougf—at_77th Street to eS s ore Drive. Discussion re renewal or Lease of clubhouse or Newport ar or �Lrl1 Scout AssosLan. Letter of thanks re rL- o e s urvey. Request of Orange Count Fair oL � — Permit for Public Address System. Permit for Public Add rdess System request o use Four Jolly Rogers-. Letter from State Re ions. Water o ut on ontrol Board No. 8 re aoo 9cation for a rg ant. Discussion held in A letter was presented, from the Balboa Peninsula Point Association,, re ar to Ba oa G.- W. Gurr, Jr., President, requesting that the funds from the abandonment eninsu a o - of East Bay Avenue -be used for the installation of a permanent bulkhead Association ease. at the "M" Street beach, and requesting the renegotiation of its lease Herbert L. Rahn. with the City for changes and for extension of the lease for a period of twenty years from now. After discussion, on motion of Councilman MacKay, seconded by Councilman Wilder and carried, the Council agreed in principle to the use of funds acquired through the abandonment of East Bay Avenue for "M" Harr Gartler and the installation of a permanent bulkhead at the Street beach, and i o oat club directed the City Manager to take steps for 'the preparation of plans and (lessee). _ specifications for said installation. Mr. G. W. Gurr spoke from the audience and stated that the "M" Street beach was an important recreational Permits granted. area, that approximately $3,000 has been spent on beach improvements, half of.which was collected from residents in the area, and that the extension Amended Summons and of the lease was requested to assure the residents that the area will remain Comp aint - ewport a recreational area for at least twenty years from now. On motion of Mesa County Water Councilman MacKay seconded by Councilman Wilder and carried, the present D nrit. lease with the.Baiboa Peninsula Point Association was referred to the City Attorney for study and redraft and to prepare an extension of said lease for an additional eight years. Councilman Hart was of the opinion that it was unwise to enter into a lease which would continue in effect for twenty years.from this date and voted no on the above motion. Letters re traffic The Clerk presented a letter from Mr. and Mrs. Grover Skaggs, 414 regulations in Heliotrope Avenue, Corona del Mar, protesting the guard rail being painted Corona del Mar. red and the new "No parking at any time" signs posted at.the east end of Ocean Avenue at Poppy Avenue, and stating that from this particular location a spectacular view of the coastline is visible and that the new ruling prevents residents and visitors from stopping to enjoy this view. The Clerk also presented a letter from Lawrence S. Koenig, 200 Poppy Avenue, Corona del Mar, commending the Council and taking the opposite point of view re- garding the traffic regulations; stating that the "congregation of gangs" at that particular location has been reduced. On motion of Councilman Stoddard, .seconded by Councilman Ridderhof and carried, both letters were referred to ' the-City Manager. Mrs. Maxine Russell spoke from the audience and thanked the Council for adopting the new parking regulations at the aforementioned location. Letter from State A letter was presented from the State of California, Department of e�artment o Public Public Works, stating that the quarterly allocation of 5 /Se gas tax to Worts re aTlocatlon Newport Beach for the quarter ending June 30, 1957, based on a population . o o gas tax. of 21,258, is $15,299.65. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said letter was ordered _filed. Letters rotestin The Clerk presented a letter from Mary A. Cummings, 127 Sapphire, installs o stop Balboa Island, protesting the installation of a stop sign at Sapphire and si n at Sapphire and Park, and stating that youths cruising up and down with pipes on their ..Park, Balboa Island-. cars, gun their motors when they take off from the stop. 'A letter from Roger P. Cummings, property owner at 201 Sapphire, Balboa Island, also protesting said installation, was presented., On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said letters were ordered filed. Letter from State On motion of Councilman Wilder, seconded by Councilman MacKay and Department of Public carried, a letter was ordered filed from the State of California, Department Works re Highway of Public Works, expressing appreciation for the submission.by the City of Needs Report. the Highway Needs Report, and stating that the high level of cooperation in this matter among the various jurisdictions has been noteworthy. Pier permits. The Clerk presented a letter from J. B. Webb, Public Works Director, submitting the following Applications for Pier Permits which had been ' recommended for approval by the Joint Harbor Committee: Nick Delaney. Mr. Nick Delaney, to construct a concrete seawall bayward on the property line of Lots 1 and 2, Block 425, Lancasters Addition,'located at 2800 Lafayette Avenue. J. Stowell. Mr. J. Stowell, to construct a pleasure ramp and float bayward of Lot 41, Tract No. 1011, located. at No. 41, Balboa Coves. Subject to U. S. Corps of Engineers approval. Herbert L. Rahn. Mr. Herbert L. Hahn, to construct .a pleasure slip bayward of Lot 3, Tract No. 802, located at No. 3 Harbor Island. Subject to Orange County Board of Supervisors approval. Harr Gartler and Mr.. Harry Gartler and Lido Boat Club (lessee), to i o oat club construct a concrete seawall bayward on the property (lessee). _ line of a portion of Lot L. Tract No. 919, located at 3121 West Coast Highway. Permits granted. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said Permits were granted, as conditioned. Amended Summons and An Amended Summons and Complaint, which had been-served on the City Clerk Comp aint - ewport on July 24, 1957, in Case No. 72858, Orange County Superior Court, State of Mesa County Water ' California, Newport Mesa County Water District, plaintiff, vs. City of Newport D nrit. Beach, et al., defendants, were, on motion of Councilman Hart, seconded by Councilman Wilder and carried, referred to the City Attorney. The Clerk read a letter from Art F. Adair, President of Newport Harbor Board of Realtors, requesting that the Council submit to the voters the privilege of voting on changing the name of the City to be, "City of Newport Harbor." The Board cited that eighteen business and civic organizations now use the name "Newport Harbor," that should the cities of Costa Mesa and Newport Beach consolidate, each ' community would retain its identity with the "Harbor," they feel that the name "Harbor" infers a broader coverage and better identifies the City. A similar letter from Aileen Martin, Corresponding Secretary of Soroptimist International, Newport Harbor area, was presented. A discussion was had. It was pointed out by members of the Council that the name "City of Newport Beach" seemed adequate and desirable, that there seems to be little desire to consolidate with Discussion held Costa Mesa, in which event the larger city's name, Costa Mesa, would be retained, and that if the citizens wish to vote on this question, greater evidence needs to be shown that there is such a demand. Mr. Earl W. Stanley spoke from the floor in regard to this matter. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said letters were ordered filed. The Clerk presented a letter from the Public Works Director recommending that the request of Mr. Robert Dalton to place an awning over the existing deck, bayward of the bulkhead at his property located at 3450 Via Oporto, be granted, as recommended by the Joint Harbor Committee, and stating that in making this recommendation, such an installation in the C Zone would not create a precedent for comparable installations in an R -1 Zone. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said installation was approved and the Building Department was authorized to issue a building permit for the structure as recommended. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, a letter was ordered filed from Mrs. Berta Fine, President of ' Orange County Chapter of the City of Hope, expressing appreciation for the wonderful support afforded by the people of this City in the recent drive for funds for the City of Hope Medical Center and especially thanking the Associated Car Clubs, Ignitors, Hilows, and the Police De- partment for fostering and counselling said clubs. 1 The Clerk presented the request of Gus W. Johnson, 510 - 29th Street, Newport Beach, that the City fill in a portion of the alley in Block 325, Lancasters Addition, running between Villa Way and Lafayette Street and offering to pay the estimated cost of $30. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said request was referred to the City Manager for action. The Clerk presented a report from the State Board of Equalization containing recently revised forecasts of the proceeds of state - administered sales and use taxes in cities and counties in California in the 1957 -58 fiscal year; estimate for Newport Beach, $400,200. On motion of Council- man Wilder, seconded by Councilman MacKay and carried, said letter was ordered filed and the City Manager was authorized to increase the budget estimates accordingly. The Clerk presented a letter from Mr. W. A. Monteith, Jr., 118 - 41st Street, Newport Beach, stating that on July 2, 1957, while fishing on the Newport Pier, he sat on one of the wooden benches and a piece of wood penetrated through his trousers and into his upper thigh, and broke off so that the tip was under his skin. A letter and statement were presented from Dr. A. E. Naegeli indicating that medical expense in the amount of $54 was incurred through the alleged accident. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said claim for damages was denied and the City Clerk s action in referring the matter to the insurance carriers was confirmed. A petition was presented, signed by twenty -nine residents on or near Ocean Boulevard and M Street, requesting that a four -way stop be installed at the intersection of Ocean Boulevard and M Street. The City Manager stated that said installation had been made. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said petition was ordered filed. LICENSES The Clerk presented the following Applications: 1. Application for License of Peter J. O'Loughlin, Newport Balboa Music Co., 21040 Sailing Way, Laguna Beach, for 1 skill game, bowler, at Seasport Landing, 2633 West Coast Highway, Newport Beach. Application for License of Peter J. O'Loughlin, Newport Balboa Music Co., 21040 Sailing Way, Laguna Beach, for 1 skill game, rifle, at Seasport Landing, 2633 West Coast Highway, Newport Beach. 3. Application for License of John J. Ganahl, 20151 S. W. Spruce Avenue, Santa Ana, to conduct house to house soliciting for vacuum cleaner sales, Kirby Co. of Orange County, 111 West 17th Street, Santa Ana. st of Bob an awning over Letter of a ation re C�at3F o _o_pee raves ve for r tends. Re request that City till in a ootion o all a Way an 1La yette Street Report from State re � a-les and use taxes. Claim for am�f W. A. Monte ta�Jr Petition re grata n at Ocean v an P greet. Licenses. Skill game at �eas �or" an�ng. Skill game at Seasport an ng. J. J. Ganahl vacuum cile� e sales. Licenses apoved. pr On motion of Councilman Wilder, seconded by Councilman MacKay and ' Discussion re carried, said Applications were approved. Mr. Mel Berry spoke from the number of ouse to audience and inquired whether or not some restrictions could be placed on house so citation the number of licenses granted to.people desiring to conduct house to licenses. house solicitation. He was informed that according to the Code, upon payment of the required business license fee and the approval of the Council, such licenses could be obtained and that it was difficult to determine where to draw the line. Recess. Mayor Hill declared a five minute recess at this time. ADDITIONAL BUSINESS Ord. No. 831 and The Clerk presented a memorandum from the Planning Commission regarding Mrs. Clare A. 4. Application,for License of Mrs. Clare A. Morrow, Morrow, sale of to storage of inflammable liquids. Ordinance No. 832, concerning the same 132k.South Bay Front, Balboa,Island, for house Avon products. matter, amending other sections of the Code, was also presented. Since the to house soliciting for sale of.Avon products. H. E. Williamson 5. Application for License of Henry E. Williamson, U -Dr ve oat proposed ordinances, it was directed that the ordinances be introduced at 1515 Sutter'Way, Riverside, for U -Drive boat rentah— the meeting to be held August 26, 1957., rentals at 2037 West Coast Highway, consisting Ordinance No. 829. Ordinance No. 829, being ' of 5 U -Drive cruisers, being a change of ownership. Transfer of Location 6. Application for Transfer of Location of Business, U115ert Seal, SET -BACK LINES OF CERTAIN REAL PROPERTY License No. 898 of Gilbert Seal, 535 Center.Street, ammuu ance IN THE CITY OF NEWPORT BEACH, Costa Mesa, for transfer of ambulance service sere -c . (re Bay Avenue between G Street and approximately M Street, Balboa), was business from 535 Center Street, Costa Mesa, to reading and set for introduced and a copy of the Planning Commission memorandum regarding said 468.North Newport Boulevard,; Newport Beach. Exempt License, T. Application for Exempt License of Gary Fred Lyon, G. F. yon Councilman Wilder and carried, the first reading of said ordinance was 342 Santa Isabel, Costa Mesa, representative of atter Day Saints waived. On motion of Councilman MacKay, seconded by Councilman Wilder and Latter Day Saints Church, for house to house urZ`�i ch. carried, Ordinance No. 829 was passed.to second reading and set for public solicitation calls explaining the teachings of . hearing on August 26, 1957, by the following roll call vote, to wit: the Latter Day Saints Church. Exem t Licenses 8. Application for Exempt License of Martin K. ac RM , Higbie, Ridderhof, Hill Zachreson, 342 Santa Isabel,.'Costa Mesa, repre- at� ter Day saints NOES, COUNCILMEN: None sentative of Latter Day Saints Church, for house Church. ABSENT, COUNCILMEN: None to house solicitation calls explaining the Ordinance No. 830. Ordinance No. 830, being teachings of the Latter Day Saints Church. F. R. and D. F. 9. Application for License of Frank R. and Dorothy Use om, age AMENDING.CHAPTER 5 OF ARTICLE IX,BY ADDING E. Usedom, 2502 Vista Drive,, Newport Beach, for Inn. SECTION 9105.4(h) ENTITLED "SWIMMING POOLS" the Village Inn, 127 Marine Avenue, Balboa Island, TO THE MUNICIPAL CODE OF THE CITY OF cafe and on-sale alcoholic beverages, being a NEWPORT BEACH, change of ownership. Licenses apoved. pr On motion of Councilman Wilder, seconded by Councilman MacKay and ' Discussion re carried, said Applications were approved. Mr. Mel Berry spoke from the number of ouse to audience and inquired whether or not some restrictions could be placed on house so citation the number of licenses granted to.people desiring to conduct house to licenses. house solicitation. He was informed that according to the Code, upon payment of the required business license fee and the approval of the Council, such licenses could be obtained and that it was difficult to determine where to draw the line. Recess. Mayor Hill declared a five minute recess at this time. ADDITIONAL BUSINESS Ord. No. 831 and The Clerk presented a memorandum from the Planning Commission regarding Ord. o. 832, re proposed Ordinance No. 831, repealing certain sections of the Code referring Un amma a gui_d_s to storage of inflammable liquids. Ordinance No. 832, concerning the same tom ins t�uc�ec — matter, amending other sections of the Code, was also presented. Since the August 26, 1957. Council needed additional information regarding the provisions of the proposed ordinances, it was directed that the ordinances be introduced at the meeting to be held August 26, 1957., Ordinance No. 829. Ordinance No. 829, being AN ORDINANCE ESTABLISHING THE BUILDING Establishin set- SET -BACK LINES OF CERTAIN REAL PROPERTY act Fis. IN THE CITY OF NEWPORT BEACH, Passed to second (re Bay Avenue between G Street and approximately M Street, Balboa), was reading and set for introduced and a copy of the Planning Commission memorandum regarding said ' gUbJAC hearing on ordinance, was presented. On motion of Councilman MacKay, seconded by August Councilman Wilder and carried, the first reading of said ordinance was waived. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Ordinance No. 829 was passed.to second reading and set for public hearing on August 26, 1957, 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. 830. Ordinance No. 830, being Re re ulations for AN ORDINANCE OF THE CITY OF NEWPORT BEACH swimming pools. AMENDING.CHAPTER 5 OF ARTICLE IX,BY ADDING SECTION 9105.4(h) ENTITLED "SWIMMING POOLS" TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, Passed to second was introduced and a copy of the Planning Commission memorandum regarding rea ing an set for said ordinance, was presented. On motion of Councilman MacKay, seconded by --u��ic�eariag on Councilman Wilder and carried, the first reading of said ordinance was August 26, waived. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Ordinance No. 830 was passed to second reading and set for public hearing on August 26, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, ' Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None J The Clerk presented Application for Resubdivision No. 54, Morgan W. Lowery, 5210 Neptune Avenue, Lot 7, Block 52 of River Section, Newport Beach, Zone R -2; applicant desired a resubdivision of property so as to provide two R -2 lots; approved by the Planning Commission. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said Application for Resubdivision was granted. The City Manager presented a report on proposed Easter Week control measures, copy of which is now in the file entitled "Council Policy and Action Adopted in the Fiscal Year 1957 -58." A discussion was had. Mr. Ronald Barlow spoke from the audience on behalf of the merchants on Balboa Island. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the Easter Week control program was approved in principle, and the Balboa Island Improvement Association and the City Manager were commended for working out the proposed measures to be taken. The City Manager reported on the proposed firebreak for the Corona Highlands area. He stated that the Fire Department had investigated this matter and that the heavy brush on private property seemed to present the most hazardous condition. It was the opinion of the Fire Department and The Irvine Company, that a firebreak as suggested, was not necessary. The City Manager stated that the Corona Highlands Property Owners Association, Inc., would be informed that there is a dangerous condition existing by reason of the brush on private property, especially at the bottom of the canyon and he would suggest that the property owners be so informed and requested to clear their property. On motion of Councilman Wilder, seconded by Councilman Hart and carried, said report was ordered filed. The City Manager requested Council approval of the proposed consolidation of funds as recommended by the independent auditor. motion of Councilman MacKay, seconded by Councilman Higbie and carried, the arrangement, classification and designation of funds contained in an analysis entitled "Condition of Fund Surpluses at July 1, 1957," was approved. Resubdivision No. organ Lowery. Proposed Easter Wee— c1Cc ontro� measures approved in princxp e. Report of City Manager re pr posed tireJrre o= for Corona X gaE a�s area. Approval of pro- On ��o_se__�li- atd ion ooc teams . as The Clerk read a proposed resolution authorizing the commence- ment of condemnation proceedings to acquire Pacific Electric property, in the vicinity of Newport Boulevard, 30th Street, 32d Street and Balboa Boulevard, to be used for parking, widening and the extension of public streets. Mr. Mark Soden, Attorney, representing Mr. William Cagney, spoke from the audience and stated that his client had a fifty -three year lease on the property involved and that it was Mr. Cagney's intention to develop the property commercially, 70% of said property to be set aside for parking purposes. Mr. William Cagney also addressed the Council and pointed out that the City would receive taxes from the commercial development of the property and would obtain at least a portion of the parking space desired without cost to the City. Mr. Cagney stated that he believed preliminary plans could be presented at an early date, confirming his proposed use of the property. After consideration of the matter, the Council requested Mr. Cagney to present preliminary plans at the morning study session of the Council, to be held on August 26, 1957. Mr. Urban Beh, representative of the Newport Harbor Chamber of Commerce, spoke from the audience and presented a request that the Council approve a two -day power boat regatta sponsored by the American Power Boat Association and conducted by the Southern California Speedboat Club, to be held September 14 and 15, 1957, in the North Lido Channel. Mr. Kent Hitchcock, representing the speed- boat club spoke from the audience substantiating the request of Mr. Beh. It. was stated that proper liability insurance would be, secured. The City Attorney read a portion of Section 10110 of the Municipal Code of the City of Newport Beach, wherein it is stated that the Council may grant a special permit to hold boat races of this nature. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the request was granted to hold said power boat races on September 14 and 15, 1957, between the hours of 1 :30 P.M. and 4:00 P.M., in the North Lido Channel, using the same course as was used in 1956, and it was stipulated that an insurance policy, with the City of Newport Beach included as an additional insured, be furnished with personal injury limits of $500,000 - $1,000,000 and property damage limits of $300,0®0, that a certificate of such insurance be delivered to the City, and that said insurance cannot be cancelled without ten days' notice prior to such cancellation. It was the consensus that further details would be worked out by the Joint Harbor Committee. Councilman Wilder requested that all participants in the races be emphatically informed of the hazardous and dangerous nature of the races. The City Manager presented the report and recommendations for the award of contract for the comprehensive liability and automobile fleet insurance. He stated that two bids had been received, one from Jay and Renfro in the amount of $18,755, and the low bid of Anderson, Anich and Stanley, in the amount of $14,998 (with the excess indemnity carried by Lloyd's of London). On motion of Councilman MacKay, seconded by Councilman Higbie and carried, the recommendation of the City Manager to accept the low bid was approved and the contract was awarded to Anderson, Anich and Stanley. A tentative agreement was made to hold an adjourned meeting on September 16, 1957. Presentation of ro oseo ressofu n re acquisition of Pac—bg cectric property. Discussion re power boat re atta to be ahee_NL�_epo =ember llM 5L� 1C97. Contract for Cit insurance awarae¢a to Anderson Anac— a and nley. Ttentative date for Counca meetan . SIR i Fund Transfers and The Clerk presented the request of the Finance Department for Appropriation authorization for the following Fund Transfers and Appropriation Requests. Requests: A ro riation Re nest 1. Appropriation Request No. 57 -58 -17 - Council No. - - approval of an additional appropriation from General Fund Surplus to the Civil Defense Budget for rental of Ground Observer Corps observation tower from Lido Isle Community Association for the 1957 -58 fiscal year in the amount of $300. A� ro riation Re guest 2. Appropriation Request No. 57 -58 -18 - Additional No. - - appropriation from General Fund Surplus to the Sewer Budget in the amount ofr$2,000 for Sewer Main Extension No. 5531. Estimated revenues are to be increased in the same amount. Appropriation Request 3. Appropriation Request No. 57 -58 -19 - Additional N- 57 -58 19. budget appropriation from Park and Recreation Fund Surplus in the amount of $2,000 to Account No. 7730, Beautification Projects, to provide funds for various beautification projects performed by the Park Department. Estimated revenues from Park Service Fees are to be increased in a corresponding amount. Fund Transfer No. 4. Fund Transfer No. 57 -58 -20 - A Cash and Surplus transfer from the General Fund to the Water Bond Fund in the amount of $75,000 and the additional appropriation from Water Bond Fund. Surplus in the amount of $75,000 to cover Engineering Services and Cash Deposit to Metropolitan Water District. This advance from the General: Fund is to be returned to the General Fund when Water Bonds have been sold. Approval of above. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said Appropriation Requests and Fund Transfers were approved. A �roora.ation Request The City Manager presented Appropriation Request No. 57 -58 -23 - No. -. An additional appropriation from Surplus Parking Meter Fund to Parking Meters and Parking Lots - Professional Services - Other - in the amount of $250, to provide City participation to the extent of one - eighth of the costs of a survey to determine the public and private parking facilities and needs in the vicinity of the;Lido Shopping area. On motion of Councilman Ridderhof, seconded by!Councilman Stoddard and carried, said Appropriation Request was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Hart ABSENT, COUNCILMEN: None Statements of Councilman Hart stated that he was of the opinion that the survey Counci man Hart. was for the benefit of merchants in a specific area who should pay the entire cost. R -4684 ado ted The Clerk presented the recommendation of the Public Works Director agreement with The for approval of the Final Map for Tract No. 3232 (on Bayside Drive, between Irvine Company or Marine Avenue and the Balboa Yacht Club). The recommendations of the Planning mrovements in Commission for Tract No. 3232 were also presented. On motion of.Councilman Tract No. JZJZ. Hart, seconded by Councilman Stoddard and carried, Resolution No. 4684, authorizing the Mayor and City Clerk to execute an agreement with The Irvine Company for the improvements in Tract No. 3232, was adopted by the following roll call vote, to wit: A�prroval of Final Ma of Tract No. R -4685 adopted agreement with Newport Balboa n ustria Enter - rP ises� or Improve - ments in Tract No. A roval of Final ot Tract No. AYES, COUNCILMEN: Hart, Wilder,, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the Final Map of Tract No. 3232 was approved, and.the City Clerk was.authoiized to sign said Map. The Clerk presented the recommendation of the Public Works Director for approval of the Final Map for Tract No. 3145, a portion of Superior Avenue Annex. The recommendations of the Planning Commission for Tract No. 3145, were also presented. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4685, authorizing the Mayor and City Clerk to execute an agreement with Newport Balboa Industrial Enterprises for the improvements in Tract No. 3145, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the Final Map of Tract No. 3145 was approved, and the City Clerk was authorized to sign said Map. The City Manager stated that a request for annexation of certain R -4686 adopted, property above the Upper Bay and along Acacia Street, to be known as proposal tor de- the "Acacia Street Annex," had been received from The Irvine Company. term s nin a n. Resolution No. 4686, being a resolution authorizing the Mayor and v�es and cer- City Clerk to execute a proposal for determining the definiteness and tainty of bound certainty of the boundaries of the "Acacia Street Annex," was pre- ads o cacaa sented. On motion of Councilman Wilder, seconded by Councilman Street Annex. Ridderhof and carried, Resolution No. 4686 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 MacKay Adjournment. ' and carried, the meeting was adjourned. yor FA _ *t *w Ury August 26, 1957 The Public Works Director stated that this subdivision was the First subdivision first subdivision under the new M -17A zoning classification. MnZfer N-l'-A. On motion of Councilman Wilder, seconded by Councilman MacKay Recommendations of and carried, the recommendations of the Planning Commission were Planning Comm—is ordered filed. 1 ed .- - -- — ` - ' The City Attorney read his report regarding the alleged parking Report of City violations on Lots 7 and 8, Block 532, Canal Section, 518 Clubhouse Attorne re ' Avenue, wherein it is stated that the owner.of the property has a e e ar in advised that he has instructed tenants to no longer use this lot for violations. parking, that he again will post "No Parking" signs on the property. The owner does not feel it is his responsibility to go to the expense Attorney E. A. of chaining his lot to prevent parking. On motion of Councilman Crary aap�oa ed Wilder, seconded by Councilman MacKay and carried, said report was c�tiA ag City ordered filed. ttoA r ney. The City Manager stated that a request for annexation of certain R -4686 adopted, property above the Upper Bay and along Acacia Street, to be known as proposal tor de- the "Acacia Street Annex," had been received from The Irvine Company. term s nin a n. Resolution No. 4686, being a resolution authorizing the Mayor and v�es and cer- City Clerk to execute a proposal for determining the definiteness and tainty of bound certainty of the boundaries of the "Acacia Street Annex," was pre- ads o cacaa sented. On motion of Councilman Wilder, seconded by Councilman Street Annex. Ridderhof and carried, Resolution No. 4686 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 MacKay Adjournment. ' and carried, the meeting was adjourned. yor FA _ *t *w Ury August 26, 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, MacKay, Higbie, Ridderhof and Hill; Councilmen Wilder and Stoddard being absent. On motion of Councilman Ridderhof, seconded by Councilman Approval of ' MacKay and carried, the reading of the minutes of August 12, 1957, ml tes. was waived; they were approved as written and corrected, and ordered filed. On motion of Councilman MacKay, seconded by Councilman Higbie Attorney E. A. and carried, Attorney E. A. Crary was appointed Acting City Crary aap�oa ed Attorney for the evening of August 26, 1957. c�tiA ag City ttoA r ney. The Mayor explained that the City Council would be sitting as a quasi - judicial body during the hearings to be held regarding Statements of J�Ia -yo Use Permits and a Variance, and that the evidence presented would as to- bearings. be considered and a decision rendered in accordance with the Code of the City of Newport Beach. Councilmen Stoddard and Wilder joined the meeting at this Stoddard and time. r e7 r present. The meeting was opened for a public hearing regarding the Public hearing re appeal from the decision of the Planning Commission granting Use Permit No. 338 Use Permit No. 338 and Variance No. 391 to Applicant Roberts an arance o. and Sons to construct thirty -two apartment units at 2519 Ocean 391 0 Roberts and Boulevard, Corona del Mar, Lot C, Resubdivision of Corona del Sons. Mar, with height limit variance for a 55' building with an elevator shaft of approximately 17' above the top of the proposed building, in an R -3 district. The Clerk announced that notice of hearing had been duly published and posted. ' The Clerk read a report from the Planning Commission regarding Report from the Use Permit No. 338, wherein it is stated that the property in P annan _�?�cn question is located in an R -3 district, composed of approximately R ermig Noe 54,000 square feet; that the applicant could apply for fifty -four 3 .