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HomeMy WebLinkAbout06/09/1958 - Regular Meeting0 Regular session. AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Stoddard,, seconded by Councilman Hart and carried,.the meeting was adjourned. ATTEST: 5"'' f City Qlerld June 9, 1958 The City Council of the City of IVewport'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, Lorenz, Kingsley, Atkinson, Higbie and Stoddard; Councilman Somers being absent. Approval of minutes. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the reading of the minutes of May 26, 1958, May 27, 1958, and June 2, 1958, was waived, and the minutes were approved as written and ordered filed. Public hearin re The Mayor announced that this was the time and place for a public propose - budget. hearing regarding the proposed budget of the City of Newport Beach for the fiscal year, 1958 -1959; notice of subject hearing having been duly published and posted. The Mayor stated that the Council would hold a continued hearing on June 16, 1958, on the proposed budget, with the final hearing and adoption scheduled for June 23, 1958, and requested that anyone in the audience interested express their comments. No comments were made from the audience and no written communications were received. On motion of Councilman Kingsley, seconded by Councilman Lorenz and carried, the hearing was continued to the adjourned Council meeting to be held June 16, 1958. R -4821 ado ted der The Mayor announced that this was the time and place for a public vacation o onion o hearing regarding Resolution No. 4798, being a Resolution of Intention Bayside Drive, of the City Council of the City of Newport Beach declaring its intention to order the closing up, vacation and abandonment of a portion of a certain street known as Bayside Drive; notice of hearing having been duly published and posted. No protests were made by members of the audience and no written protests had been received. The Mayor closed the hearing. On motion of Councilman Lorenz, seconded by Councilman Hart, Resolution No. 4821, being a resolution ordering the vacation, closing up and abandonment of a portion of a certain street known as Bayside Drive,.was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Hearing re fish cannerx A memorandum was presented from the City Attorney regarding the bullaing reset Eor My hearing set for June 23, 1958, to determine if the fish cannery building, 14, 1958. 28th and Lafayette Streets, is an unsafe building and should be ordered . demolished and the costs of demolition assessed against the property. Due to the fact that a title report would be necessary in order to determine the ownership interests in the property, which would require additional time, the City Attorney requested that the hearing be reset to July 14, 1958. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the hearing now set for June 23, 1958, to decide whether or not the fish cannery building at 28th and Lafayette Streets should be ordered demolished and the costs of demolition assessed against the property was reset to July 14, 1958. COMMUNICATIONS Re rabies clinics. A letter was presented from W. J. Kinnaman, AVM, Rabies Chairman, Orange County Chapter, Southern California Veterinary Medical Association, to acquaint the local officials within Orange County of the Association's policy regarding its participation in public rabies clinics. The Association assumed full responsibility for the administration of anti - rabies clinics within the County of Los Angeles and now the members in Orange County desire to extend this policy of cooperation with any City, County or interested civic group within a City or County desiring to set up a vaccination clinic. The Chief of Police spoke from the audience regarding the present I N96 anti - rabies vaccination program. On motion of Councilman Lorenz, seconded by Councilman Atkinson and carried, the letter was ordered referred to the City Manager for reply and investigation as to setting up an anti - rabies vaccination program as outlined in the subject communication, ' A copy of the excerpt from the minutes of the Orange County Boundary Re proposed Commission was presented, stating that the proposed annexation of Tract annexation of Nob 3282, being approximately 20 acres northerly of 21st Street, between Tract No. 3292 to Tustin Avenue and Irvine Avenue, to the City of Newport Beach, had been the CitV o ordered referred back to the petitioner for a more satisfactory description Newport Beach, of metes and bounds. The City Manager stated that the City had received no formal request for the subject annexation and that in the event such a request would be received, the matter should be referred to the Planning Commission inasmuch as the Newport Beach Planning Commission and the Costa Mesa Planning Commission had met jointly in the past on this question, The Mayor asked whether or not anyone present in the audience wished to comment on the proposed annexation„ W. Stuart Foote stated that every effort should be made to annex this area to the City of Newport Beach, The Mayor stated that there was an agreement between the City of Costa Mesa and the City of Newport Beach that these matters would be referred to the Planning Commissions of both cities. Bunster Creely spoke from the audience and stated that the agreement had recently been broken by an annexation along 20th Street to the City of Costa Mesa. The City Manager stated that the annexation did not take place until after the City of Costa Mesa had referred the matter to the City of Newport Beach, On motion of Councilman Lorenz, seconded by Councilman Atkinson and carried, the copy of the excerpt from the minutes of the Orange County Boundary Commission regarding the proposed annexation of Tract No, 3282, was ordered filed. A letter was presented from David W. Curtis, 219 Poppy Avenue, R reservation of regarding the preservation of the Little Corona Beach as a family Litt e orona recreation area; calling attention to overcrowding and inadequate policing 'BeacE as a Family ' of existing laws, Councilman Lorenz stated that the suggestions contained recrea gon area. in the subject letter were excellent and that the posting of signs and a more rigid policing program would be instituted. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the letter from David W. Curtis was referred to the City Manager for answer and action. A letter was presented from F. S. Allinder, Secretary, Balboa Island Improvement Association, addressed to the City Manager, expressing thanks, on behalf of the Association, for the cooperation of City officials, particularly the Police Department, with the Association and all of the residents on Balboa Island during Easter Week which had produced excellent results. On motion of Councilman Lorenz, seconded by Councilman Higbie and carried, the City Manager was instructed to gratefully acknowledge the communication; the letter to be filed,. The Claim for Damages of Mabel Price, 211 Emerald, Balboa Island, was presented, stating that the claimant had tripped over a dangerous condition on the sidewalk near the rear alley on Park Avenue at the northeast corner of Coral Avenue, Balboa Island, A report from Ea Lo Beahm, M. D,, was attached to the subject claim, and had been received by the City Manager on May 29, 1958, On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the claim was denied and the action of the Clerk in referring the matter to the insurance carrier on May 29, 1958, was confirmed. A copy of the minutes of the Orange County Board of.Supervisors was presented, directing the County Counsel to prepare the necessary agree- ' menes with the City of Newport Beach and the documents necessary for the installation of a water main to Upper Newport Bay for presentation to the Board of Supervisors for approval, The City Manager stated that the subject agreements to provide water service to the Harry Welch Memorial Park would be presented to the Council for acceptance by the City at a later date. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the subject communication was ordered filed, A letter was presented from James T. Williams, Staff Assistant, regarding a hearing scheduled by the Subcommittee on Bay and Water Pollution of the Assembly Interim Committee on Conservation, Planning and Public Works on the subject of bay and water pollution to be held on July 1 and 2, 1958, at the City Hall, Newport Beach. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the subject communication was ordered filed, A Claim for Damages was presented from the Beacon Bay Community Association for damages totaling $182 against the City of Newport Beach as provided under Sections 53051 and 53052 of the Government Code; said damages being caused by flood water from rain storms from March 14 to March 25, 1958, and April 7, 1958, due to no storm drain facilities on Bayside Drive at the intersection of Yawl Road, On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the claim for damages was denied and the matter was ordered referred to the insurance carrier, The Mayor requested permission of the members of the Council to take up the parking matters at this time, ' A letter was read from Walter G. Franz, President, South Coast Company, suggesting that on the east side of Newport Boulevard, near 23d Street, the existing no parking zones be eliminated and 60- minute parking meters be installed, on motion of Councilman Hart, seconded by Councilman Higbie and carried, the subject communication was ordered referred to the Parking Advisory Committee, Letter from Balboa is an Iimprovement Associaton r� e :aster Week. Claim for Damages os i E e rFlce e Letter from County Boarel o user- - visors re water service to pier Newport ay, !3e hearing on bay and: water go ution, Re Claim for :damages i m Beacon Bay !gimunity - Association. Parking matters to en up, Letter from W, G, Franz. 56 Re "Parkin Sticker" in ... A letter was read -from 17 businessmen in the..Newport Pier -area Newport Pier area. requesting::that:the Couricil,authori,ze a: "Parking Sticker "•in their area to be:.walid :for 'parking. at- meters located off the "street on the City= owned:.- parking lot: adjacent to:_McFaddep.Place; suggesting -a-fee of $15 per year. On motion of Councilman Hart:, seconded by Councilman Atkinson and carried, the subject communication wa3 ordered referred to:the ParkingrAflvisory .:Committee.;:Co. cilmcm Hart- requested that the.-City: Attorney give_hi•s;opinion.:as to the legality of the - sticker arrangement:. The _City•.Attorney stated that „- he;could_ not make a statement-at this -time- _until the .quest ion ; had -been researched; Robin - -:. Lindsay* spoke, from the : - audience further substaniiating. the request contained in ~the letter:; -- -. Statements of W. Stuart - W. Stuart Foote- sp-oke-from the audience stating that Al Forgit oote. should- .be. ".dis.qualified as:cacwember of the Parking -Advisory -Committee -.as - he.'is a.:.les.s.ee;of a.- :parking -lot. Councilman_ Lorenz explained that the:Commi,ttee was.: only; advisory =to- the .City. Council. - Approval of plans and In connection with the proposed :plan_£or -the installation-of . s eci ication o .: parking meaers_incthe: Lido .- ,C;ty;Hall- area;.:the Public•Works-Director installation parkin .. stated.that:.a :map.,had; :been "; prep ared­ qh9,wirkg the proposed location of meters in-the Lido - City - .meters.: The.map :shad.,beei1 ndiscussed - withtithe ;representatives of the a area. Lido -Shops _Association -: and: had: their ,approyal.. - :He- stated. that approximately 300 meters would::be re-qu re- d,jocludi:ng-.46 meters.-.on City Hall property. -Mayor:Stoddard- .stated that--it should-,be- clear .to everyone that- ,problems will result froin-,the'Arkstallation ::of the meters. -and that all concerned should be- aware_:o:f them.,:�Oncmot- on of,Councilman Lorenz, seconded by Councilman .Hart and carried, the:;plans,and.speci:fications for the proposed plan for of. park ng,:meters,: n-,the Z do ­City Hall area were approved and the City.Clerk was authorized to advertise for bids for the purchase -of the; meters.. The-Public:.WorkscPirector explained that the _ apecifications would. permit - bids- on, :all..t.ypeE=gf•_-parking meters..: Letter from Lido..Sho s A letter was read -from the Lido. Shops- Association - asking that the ssoci.ation re par ting lot. City; - .at. its -expense, 'improve: the- lot behind the -:City Hall as a public parking.:lot,.to be.leased at�_a monthly rental to-any-individual who applies -:for parking':space; :.suggesting a- .chafge;of. between $4 and $5 per month., :the •City to maintain the lot.;: police-,ie,,..and,collect the rents directly from the individuals concerned. The subject letter stated that in an .informal survey__ made in. the (-L-ido - Shops •, area,. 120 _individuals had stated they would take the subject- s:pace;at the,.suggested fee._ - re use of t areas of The Mayor-explained- ht was, is1 yd hwing h. e a hart taDiscussiori . - par ing funds. ` - the-City Hall property ",proposedfor::parking-. development. -It was . . - explained that-approximately_,70 parking - ,spaces could.be made available behind the City-Hail for_ parking. not - required. _by, City -,employee's and City . Hall customers. A discuss. ion, followed- .regarding - alternative means of financing the improvement of the 10 -space area-and a possible additional 18- space: area -on City gr9perty_ adjacent to 32d.S,treet.- The Mayor suggested that in- view of the Rublic.Works Director''s,estimate of,$130 per space which would result in.-a.total estimated cost ofJ88`spaces of approximately $12,000,- ,Q00,, bd.-proper-to to consider :a.two year_adyance rental payment on each space _on, the basis-of�$5 a month; would produce- immediately, --if -This all.the- spaces.were rented, about,:$10,5U0 _ Mayor Stoddard suggested this'.as an alternate.to.ahe City's use - 'of parking ,funds-, since these parking.funds are - considered-by the.Council_ for "another: area on a .being priority basis. Leon Williams spoke from -the audience regarding the distribution of revenue received from the parking meters. Councilman Hart stated that-the Council felt.-that-.parking funds could be, and should be, spent wherever:.the.greatest; necessity arises, regardless . of -the area in which the funds -,werec generated. . Councilman Hart further'. a.ed that, in his opinion, the- :No. -;1 priority at:the present,time "for the :use -:of the parking funds was the acquisition.of Pacific Electrie.:property- between 26th and 23d:: Streets ;.:and_the.use.of.parking. funds for -the construction of- the-, proposed: :parking: lot ::would, delay: the acquisition of -.the, Pacific Electric property needed:.for the widening of:Newport and Balboa Boulevards. Ben.Reddick spoke fromf the audience in connection :.with - the - -,problem'. Lido Sho S- Association On motion of Councilman:Lorenz, seconded - by, Councilman Hart and etter r e carried, the .letter from the I:do•Shops Association was ordered.-filed. Motion re parking spaces. On motion of- Councilman; Lorenz , - seconded.by- .Councilman Kingsley. and carried,- the :.Finance Department was : :instructed to receive. $120 paymegts: from indiv duals. for - he_•advance purchase• :of a parking space for a two year period; when 70 spaces. :are•: - sold,- .construction will be started, if less than 70 spaces are sold within a period of 60 days, the project will be withdrawn;and.,the money•refunded. the on inal lessees of the spaces will be -given::preferen..e_ to :renewal, _a -$1 transfer fee was established ;,and it was directed -that the motion be presented again at the adjourned :regular;Council meeting to beheld June 16, 1958,.to be reviewed and re- examined -: - Statements of Public Works The- Public Works. Director stated thaE_the;b ds for.,the.purchase of Director. the meters would=.be submitted-to-the Council at its meeting to be held July 14, 1958, and approximately 45-days thereafter the meters would be in- operation;. Re conversion of parking The Public Works Director explained that the City has the alternative _meters. of converting mechanisms from-5G; per hour to_ 100- Per•.hour "at an approximate cost of -':$14 per meter:, or, purchasing new meter. mechanisms-at-a.-net of $27 after trade -in: further;discussion,_.on•motion of- Councilman Lorenz, .:After seconded by Councilman:Higbie -and carried, the matter was continued until the adjourned regular meeting of:the- Council to. -be held June 16; 1958. 1 A report from the City Manager and the Public Works Director relating to off - street parking for Marinapark, was presented, recommending that an area of City -owned property between Balboa Boulevard and the Marinapark easterly of and adjacent_ to the property occupied by the Girl Scouts be set aside for the use of the Marinapark; providing approximately 12,500 square feet of area for parking and storage. A discussion ensued. Edward Healy spoke from the audience stating that it had been the recommendation of the Citizens' Advisory Committee that the subject area be reserved for park and recreation purposes only. W. Stuart Foote stated that the area should be used for a park area for the residents of Newport Beach. Harold Glass spoke from the audience and requested that action in this matter not be taken hastily. V. J. Schaimet, Manager of the Trailer Park, spoke from the audience reiterating the need of additional space for parking and storage at the Marinapark. Mr. Glass suggested that a community project be developed in this area for the use of the residents of the City as well as for the use of the Marinapark. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the report from the City Manager and the Public Works Director was ordered received and taken under advisement. The Public Works Director presented a report on the proposed plan for traffic flow at the McFadden Place - Ocean Front area. He stated that after the McFadden Place channelization is in operation, it is proposed that certain traffic signs be installed to indicate traffic flow into the Newport Business District by way of 20th and 23d Streets. It was also proposed that parking on the ocean side of Court Street between McFadden Place and 20th Street, be prohibited. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, it was suggested that the City Manager invite the business- men in the McFadden Place area to inspect the traffic flow plan before adoption by the City Council. The Public Works Director stated that a drawing depicting the proposed traffic plan would be made available for the newspapers. W. Stuart Foote spoke from the audience and stated he was opposed to the McFadden Place channelization project. The Mayor declared a recess at this time. LICENSES On motion of Councilman Lorenz, seconded by Councilman Kingsley and carried, the following Applications for License were approved: 1. Application for Exempt License of Horace Rephan, 14731 S. Manecita, La Mirada, for house to house soliciting for the sale of Collier's Encyclopedia; office located at 206 West 4th Street, Santa Ana, books shipped from Hyde Park, New York. 2. Application for License of W. E. Hancock, 215 Del Mar, Costa Mesa, house to house soliciting for the sale of cemetery lots, Harbor Rest Memorial Park, Costa Mesa. 3... Application for License of Norman L. Brown, 541 Seaward Road, Corona del Mar, house to house soliciting for the sale of cemetery lots, Harbor Rest Memorial Park, Costa Mesa. 4. Application for License of William W. Pearson, 185 ' Buoy, Costa Mesa, house to house soliciting for the sale of cemetery lots, Harbor Rest Memorial Park, Costa Mesa. 5. Application for License of Ray Waldrop, 202 - 20th Street, Newport Beach, live bait boat for the sale of bait. F- u ADDITIONAL BUSINESS Mayor Stoddard stated that in connection with the notice of hearing on the Application of the Greyhound Corporation for fare increases to be held by the Public Utilities Commission, which had been referred to him for additional information, it had been determined that there was no increase in fares involved for the first 50 miles of travel. The increase involved would be 6% between 50 and 100 miles and 10% beyond_ 100 miles. Therefore, it was the Mayor's recommendation that no further action be taken and the communication be filed, which action was ordered on motion of Council- man Kingsley, seconded by Councilman Lorenz and carried. Mayor Stoddard recommended the appointment of John Stuart Watson to fulfill the unexpired term of the late Paul Paine, term expiring June 30, 1958, to the Technical Oil Advisory Committee; further recommending that the following committee be appointed to serve on the Technical Oil Advisory Committee for the one year term expiring June 30, 1959: Edward R. Millett, Chairman Dr. John F. Dodge John Stuart Watson. mm Discussion re off - street parking tor Marinapark. Re proposed plan for traffic flow McFadden Pla ce. Recess. Licenses. Exempt - Horace Rep an. — W. E. Hancock. Norman L Brown. William W. Pearson. Ray Waldrop. Re Application of th= Grey oun orioraCynr- -- o� mare - increases. Re appointements to Te- icaOi� ,Ldvis ory Committee. 570 Appointments approved. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the appointments to the Technical Oil Advisory Committee as recommended by Mayor Stoddard,.were approved. Re lifeguard service. Mayor Stoddard stated that further discussion should be held with the Orange County Board of Supervisors in regard to the amount of allocation being tentatively figured by the County of Orange to assist the City of Newport Beach in.their cost of lifeguard service. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the Mayor and the City Manager were empowered to carry on additional discussion with the Orange County Board of Supervisors in connection with.the allocation of lifeguard service costs. Re Beach Patrols. A report dated May 29, 1958, was presented from the Administrative Assistant to the City Manager regarding 1958 -•59 Beach Patrols - Additional 'Manpower, Equipment and Costs. The subject report stated that 7,239 Additional Police Reserve manhours will be needed in 1958 -59 to provide 'the level of enforcement indicated for April week ends and for daily patrols during the May l - October 1 period. The - estimated additional costs for the Police Department in this enforcement program, which costs have not been included in the 1958 -59 preliminary budget, would be $13,550 for salaries; $7100 for the purchase of 2 new Jeeps; $525 for uniforms; total $21,175. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the report dated May 29, 1958, was accepted; the City Manager was instructed to investigate the possibility of securing the requested Jeeps through a government agency, if possible; and the City Manager was further instructed to amend the,1958 -59 budget to include the necessary appropriation. Authorization re appraisals On motion of Councilman Kingsley, seconded by Councilman Atkinson and on Pacific EE eE& E carried, the City Manager and the City Attorney were authorized and property. directed to obtain appraisals on the Pacific Electric property bounded by Newport Boulevard, Twenty -third Street; Balboa Boulevard, and Twenty -sixth Street, and certain Pacific Electric property lying northeasterly of and adjacent to Balboa Boulevard between Twenty -sixth Street and Thirty -first Street, for the purpose of determining the approximate cost to the City of acquiring the property by condemnation, if necessary. , Request of Monterey Oil A letter dated June 5, 1958, was read from the Monterey Oil Company om an re drilling well in which a request.was made by the Monterey and Humble Oil.& Refining No. Company for an extension of six months from June 11, 1958, within which to commence drilling well No. 17. On motion of Councilman Lorenz, seconded by Councilman Atkinson and carried, the subject letter was referred to the Technical Oil Advisory Committee for a report, and a 30 -day extension from June 11, 1958, to July 11, 1958, was.granted. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the City Manager was instructed to advise the Monterey Oil Company of the action taken by the Council. Re removal of 10th Street A letter was presented from the Parks, Beaches.and Recreation Commission and Ruby Avenue tloats. enclosing a report of the special committee appointed by the Commission to investigate the possible removal of the 10th Street and Ruby Avenue floats. The report stated that the floats should be maintained on a year - round' basis; that they be cleaned, surfaced and painted once each year; that boarding ladders be installed; and the 10th Street and Ruby Avenue drain pipes be reset below "the beach level and extended to beyond minimum low water. On motion of Councilman Hart, seconded by Councilman Higbie and carried, the report was accepted and the City Manager was instructed to comply with the recommendations as set forth in the report. Budget Amendment No. 173. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, Budget Amendment No. 173, in the amount of $8,280, was approved, being a Budget Appropriation from Park.& Recreation Fund - Unappropriated Surplus to P. B. & R. - Corona del Mar State Park - Land & Land Rights; funds for the purchase of Lot 26, Block A -35, Corona del Mar, from Max R. and Ruth L. Walter, original purchase authorized by Council on April 14, 1958. Budget Amendment No. 175. On motion of Councilman Hart, seconded by Councilman Kingsley and carried, Budget Amendment No. 175, in the amount of $2700, was approved, being a Budget Appropriation from Trailer Park Fund - Unappropriated Surplus, to Trailer Park; funds for operation for remainder of fiscal year. Budget Amendment No. 176. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, Budget Amendment No. 176, in the amount of $3867.42, was approved, being Budget Transfers from Council - Expense, N.O.C., to Finance - Regular Salaries., Finance - Office Supplies',-City Hall - Temporary Salaries, City Hall - Maintenance Buildings, City Hall - Utilities Expense, City Hall - Common Expense, Engineering - Regular Salaries, Engineering - Overtime Wages. R -4822 adopted, re Grant Dee rom Eve n Smith. Resolution No. 4822, being a resolution of the City Council accepting a Grant'Deed dated April 11, 1958, from Evelyn Z. Smith to the City of Newport Beach on Lots 8, 10, 12 and 14 of Block 440, Corona del Mar, was presented. On motion of Councilman Lorenz, seconded by Councilman Hart, Resolution No. 4822, accepting the Grant Deed from Evelyn Z..Smith and consenting to the recordation thereof, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers On motion of Councilman Lorenz, seconded by Councilman Atkinson and carried, the following Minute Resolutions were adopted: RESOLVED, that the labor and material bond and the faithful performance bond, each dated May 15, 1958, executed by James I. Gallacher and The Fidelity ' and Casualty Company of New York, guaranteeing the construction of a water line in 17th Street, from Dover Drive to Irvine Avenue, be approved. RESOLVED, that the labor and material bond and the faithful performance bond, each numbered 1006, executed by E. D. Johnson and Company and the St. Paul Fire & Marine Insurance Co., guaranteeing the construction of a street lighting system in 17th Street, be approved. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the City Clerk was authorized to advertise for bids for a contract covering the publication and printing of all legal notices required to be published in a newspaper of general circulation printed and published in the City of Newport Beach, for the fiscal year ending June 30, 1959; bids to be received by the City Council on June.23, 1958, at 7:30 P.M. Ordinance No. 847, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6103, 6104.4, 6110.3, 6200, 6202.4 AND 6202.7 OF ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES, . Ev, Minute Resolutions_ re bonds. Authorization re bids or Lega notices. Ordinance No. 847. Re Business Licenses. was presented for second reading. On motion of Councilman Hart, Ordinance No. 847 ' seconded by Councilman Lorenz and carried, the second reading of a opts . Ordinance No. 847 was waived. On motion of Councilman Hart, seconded by Councilman Lorenz, Ordinance No. 847 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Ordinance No. 849, being Ordinance No. 849. AN ORDINANCE OF THE CITY OF NEWPORT BEACH Re zonin and set - AMENDING SECTION 9102.2 OF THE NEWPORT BEACH ace znes. MUNICIPAL CODE RELATING TO ZONING AND SET- BACK LINES, was presented for second reading, regarding the zoning of the City Ordinance No. 849 Marinapark, Tracts No. 1396, No. 1893, No. 1896, No- 3277, and a opts . establishment of front and rear yard set -backs for Tract No. 3277. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the second reading of Ordinance No. 849 was waived. On motion of Councilman Kingsley, seconded by Councilman Lorenz, Ordinance No. 849 was adopted by the following roll.call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, ' Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Ordinance No. 850, being Ordinance No. 850. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 3208 AND 3293; REPEALING SECTIONS 3291.1, 3291.21 3291.31 3291.4, 3291.5, 3291.6 AND 3291.7; RE- ENACTING NEW SECTIONS WITH THE SAME NUMBERS; AND ADDING SECTIONS 3291.8 AND 3291.9 TO THE NEWPORT BEACH MUNCIPAL CODE RELATING TO PARKING AND PARKING METERS, was presented for second reading. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the second - reading of Ordinance No. 850 was waived. On motion of Councilman Kingsley, seconded by Councilman Hart, Ordinance No. 850 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers ' A letter was presented from the City Clerk stating that bids had been opened on June 5, 1958, for the paving and channelization facilities, 17th Street between Dover Drive and Irvine Avenue; five bids had been received; low bid was submitted by the R. J. Noble Company, Orange, in the amount of $29,147.72. On motion of Council- man Hart, seconded by Councilman Atkinson and carried, the report of the City Clerk was accepted and ordered filed. Re parking and park- ing meters. Ordinance No. 850 adopts . Re bid opening - p ving a anneli- zatil , [7tth try set. 572 Recommendation re award of A report from the City Manager and the Public Works Director, contract. numbered 57- 58 -40, was presented, recommending that a contract for the paving and channelization facilities, 17th Street between Dover Drive and Irvine Avenue, be awarded to the R. J. Noble Company, the low bidder, in the amount of $29,147.72. R -4823 adopted a . warding Resolution No. 4823 was presented; being a resolution awarding contract to t e RJ. Noble a contract for the construction of paving and channelization facilities Company. in 17th Street between Dover Drive and Irvine Avenue, to the R. J. Noble Company, in the amount of $29,147.72. On motion of Councilman, Lorenz, seconded by Councilman Hart, Resolution No. 4823, authorizing the Mayor and City Clerk to execute the subject contract, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz; Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Authorization to return On motion of Councilman Hart, seconded by Councilman Atkinson and checks to unsuccess u carried, authorization was given to return the check received with the bidders, bid of the Sully- Miller Contracting Company on the paving and channelization facilities in 17th Street between Dover Drive and Irvine Avenue, upon the execution of the contract by,the successful bidder. Budget Amendment No. 174. On motion of Councilman Lorenz, seconded_by Councilman Hart and carried, Budget Amendment No. 174, in the amount of $35,000 was approved, being a Budget Appropriation from General Fund - Unappropriated Surplus, to General Services - Streets, 'Land Improvements; funds for the construction and engineering costs of 17th Street paving project. R -4824 adopted, re Quit- In connection with Superior Court Action No. 69,067 entitled "City claim Dee rom Jose B. of Newport Beach v. Batcheller, et al," in which the City seeks to quiet Banning, Jr., and Alice title to Lots 7 and 8 in Block 51 of River Section of the City, and a Morse Banning portion of .Section 29 between said lots and the south line of -the Channel, Resolution No. 4824 was presented,.being a resolution accepting a Quitclaim Deed dated June 10, 1957, from Joseph B. Banning, Jr., and Alice Morse Banning, husband and wife, and consenting to the recordation of the subject Deed. On motion of Councilman Hart, seconded by Councilman Kingsley, Resolution No. 4824 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Pier permits. Councilman Lorenz inquired whether or not it was necessary for the City Council to handle each.Application for Permits which had been recommended for approval by the Joint Harbor Committee. The City Attorney stated that the action was necessary under the Harbor Regulations of the Municipal Code. Councilman Higbie stated that, as a member of.the Joint Harbor Committee, he felt the City Council should review each Application. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the following. Applications which had been recommended for approval, by the Joint Harbor Committee, were approved: Mrs. Robson English. 1. Mrs. Robson English, to construct a wood groin bayward of Lots 1 and 2, Block 23 N, Bay Front Section, being 1401 East Bay Avenue, Balboa. James Buckman. 2. James Buckman, to construct a pleasure slip and pier bayward of 3206 Marcus Avenue, being Lots 3 and 4, Block 332, Canal Section, subject to the approval of the U. S. Corps of Engineers. Frank Ambrose. 3. Frank Ambrose, to construct a pleasure pier and float bayward of Lot 6, Block ;334, Canal Section, being 3410.Marcus Avenue.,.subject to the approval of the U. S. Corps of Engineers.. Don B. A res and Dr. 4. Don B. Ayres and Dr. Dieterich, to construct joint Dieteric . ownership slips bayward of 1108 and 1104 West Bay Avenue, Balboa, being Lots 9 and 10, Block 4, Tract No. 626. Clara A. Brown. 5. Clara A. Brown, to construct a pleasure ramp and float bayward of 3306 Marcus Avenue,,being.Lot 4, Block 333, Canal Section, subject to U. S. Corps of Engineers' approval. Fred Miller. 6. The application of Fred Miller to construct a pier and slip bayward of Lot 158, Subdivision of Block A, East Newport Tract, being 320 Buena Vista Boulevard, was recommended for approval on October 15, 1957, subject to obtaining letters of consent from two owners of adjacent properties on the west. This stipulation was required because the proposed installation will extend westerly of the prolongation of the westerly lot line of Lot.158 and in front of Lots 159 and 160. Letters of consent from G. H. Mathers, owner of Lot 159, and Mrs. L. C. Robertson, owner of Lot 160, have been submitted. It is hereby recommended that the above application be approved. 1 C 1 A report dated April 8, 1958, from the Planning Commission was submitted in connection with the approval of the Final Map of Tract No. 1645, being a portion of Lots 159 and 164, Block 53, Irvine Subdivision, located north of 17th Street and east of Irvine Avenue in the Harbor Highlands area. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the report from the Planning ' Commission was ordered filed. Resolution No. 4825 was presented, being a resolution of the City Council of the City of Newport Beach authorizing the execution of an agreement between B F Inc. and R H Inc., South Coast Construction Co., as their agent, and the City for the construction of improvements in Tract No. 1645. On motion of Councilman Hart, seconded by Councilman Higbie, Resolution No. 4825 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers On motion of Councilman Hart, seconded by Councilman Higbie and carried, the Final Map of Tract No. 1645 was approved and the City Clerk was authorized to sign the Final Map., Resolution No. 4826, being a resolution authorizing the Mayor and City Clerk to execute an agreement with the Community Youth Center of Newport Harbor, was presented. The subject agreement, for a term of two years commencing June 11, 1958, and ending June 10, 1960, provides for the use of the building and facilities of the Community Youth Center on a portion of Harbor View School grounds under license to the Community Youth Center. The City Attorney stated that the proposed agreement was identical to the former agreement except that a section had been added requiring the City to maintain the portions of the building that are completed to the satisfaction of the Director of Parks, Beaches and Recreation and the President of the Community Youth Center. On motion of Councilman Lorenz, seconded by Councilman Hart, Resolution No. 4826 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers Planning Commission report re Tact o. T6 . R -4825 adopted, re gr aeent for constmeruction of im- orovements in ract !Q Approval of Final or ract No. 1645 R -4826 adopted, re agreement with Community Youth Center o Nf— eeport Harbor. Resolution No. 4827 was presented, being a resolution authorizing R -4827 adopted, re the Mayor and City Clerk to execute an amendment to the concession amen ment to agree - agreement between the City and D. W. Tate for the operation'of ment with concessions at the Corona del Mar State Beach Park, which eliminates Tate. the requirement that parking charges not be in excess of parking charges in other State Parks in the area. On motion of Councilman Lorenz, seconded by Councilman Hart, Resolution No. 4827 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Somers The City Attorney stated that under the terms of the concession Re parking fees at ' agreement between the City and D. W. Tate, parking charges are fixed Corona lei Mar State by the concessionaire subject to the approval of the City Council. eac - ar . He further stated it was his understanding that D. W. Tate proposes to charge for parking at the rate of $1 per day for Saturdays, Sundays and holidays. On motion of Councilman Lorenz, seconded by Councilman Hart and carried, the proposed fees of $1 for Saturdays, Sundays and holidays were to take effect as early as June 14, 1958, and not later than July 4, 1958. A memorandum was presented from the Parks, Beaches and Recreation Re 19th Street Bay Commission regarding the shelter for the 19th Street Bay Beach, togetherBea —Eff with"a copy of a letter from the Woman's Civic League of Newport Harbor and a report from a committee appointed by the Commission to investigate this matter. The Commission committee recommended that the pergola be removed temporarily and be erected at either the Channel Place Park or the Corona del Mar Youth Center, the suggestions having been approved by the Woman's Civic League of Newport Harbor. On motion of Councilman Kingsley, seconded by Councilman Atkinson and carried, the Parks, Beaches and Recreation Commission was instructed to make the final determination on where the structure should be located. On motion of Councilman Kingsley, seconded by Councilman Lorenz and carried, the plans and specifications were approved for a 1,000 GPM fire engine, and authorization was given for the advertisement for bids both on a cash basis and on a lease - purchase basis, details for the lease - purchase basis to be upon the recommendation of the City Manager. ' On motion of Councilman Hart, seconded by Councilman Kingsley and carried, the position of Assistant Engineer in the Public Works Department Engineering Budget was approved. Re plans and ps eMlcations for Lire engine. A p_roving position of Assistant ngbneer. 0 CitX of Fullerton re The City Manager stated that a letter had been received by him e rmova and processing of from the.City of Fullerton concerning applications for removal and sana--a—nU gravel rom lands ,processing of sand and gravel from lands located in and adjacent to near Santa Ana River. the Santa Ana River. On motion of Councilman Hart, seconded by Councilman Atkinson and carried, the City Manager was instructed to inform the City of Fullerton that the position of the City Council remains the same, namely, that granting, of these applications by the Board of Supervisors could interfere with the natural function of the river system in conserving and distributing water and should be denied. Meeting adjourned. On motion of Councilman Hart, seconded by Councilman Lorenz and carried, the meeting was adjourned until 7:30 P.M., June 16, 1958. ATTEST: U ity C.Uerk k .June 16, 1958 Regular adjourned The City Council of the City of Newport Beach met in regular session. adjourned 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, Somers, Kingsley, Atkinson, Higbie and Stoddard; Councilman Lorenz being absent. Re Newport Harbor Chamber A letter was read. from the Newport Harbor Chamber of Commerce 0 ommerce request for an requesting that an agreement be entered into with the City whereby the agreement. Newport Harbor Chamber of Commerce would act as the City's agent for the allocation of $2400 in the 1958 -59 fiscal budget; the subject sum to be used for promotion and advertising expenses in connection with . City business as set forth in a suggested contract. Re bids for map folders. A letter was read from the Newport Harbor Chamber.of Commerce requesting that the Council authorize the purchase of map folders to supply in answer to the inquiries received for the information concerning the City of Newport Beach. The subject letter stated that the following bids had been received: Times - Mirror Press: 50,000 complete folded and delivered $4,605 Art work for new Treasure Map & Cover 77755 25,000 complete folded and delivered 3,645. Pacific Press: 50,000,printing.only $2,750 Full color art with type on acetate overlay, engravings and progressive proofs 2,045 Art work 800 25,000 complete folded and delivered 3,720 Councilman Lorenz joined the meeting during the discussion. Taken under advisement. On motion of Councilman Hart, seconded by Councilman Somers and carried, the communications from the Newport Harbor Chamber of Commerce were ordered received and taken under advisement; it was directed that copies of the subject communications be delivered to each of the Council members. Mr. Ralph Miller spoke from the audience and stated that this would constitute a continuance of a program that had been carried out in the past. Continued hearing re Mayor Stoddard stated that this was the time and place for a u�get. continued public hearing regarding the proposed budget of the City of Newport Beach for the fiscal year, 1958 -1959, which had been continued from June 9, 1958. ;awn General discussion. Mayor Stoddard explained each section of the proposed.budget and asked for anyone in the audience to ask any questions they might have pertaining to the various sections. Colonel A. W. Smith, Dam Downing and Kenneth Hannahs spoke from the audience in regard to various matters. Re separation of City Clerk Mayor Stoddard explained that in order to follow the Charter and City Treasurer. regulations, the City Clerk and the City Treasurer were being established into separate departments. The City Manager stated that possibly it would be in order to transfer one Clerk II position from the Finance Budget to the City Treasurer's Budget, which would add $1740 to the Monthly Salaries Account of the City Treasurer and would reduce the Finance Budget accordingly.