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Home My WebLink About03/27/1961 - Regular MeetingCITY OF NEWPORT BEACH Page: 172 Volume, 14 Minutes. of REGULAR MEETING OF THE CITY COUNCIL Date.of Meeting: March, 27, 1961 Time of Meeting: .7:30 P. M. Index Place of Meeting:_ Council Chambers Roll Call: The reading 9f the Minutes of March.13„ 19.64 and March 20„ 1961,: was waived,: the Minutes. were approved as written and ordered..filed. HEARINGS: 1. ;(Agenda Item E -1) BALBOA ISLAND PIERS: Ordinance No. 951, being 2d rdg & -publi2 AN ORDINANCE OF THE CITY OF NEWPORT BEACH hearing ADDING SECTIONS 10149D AND, 10.149E TO THE Ord 951 NEWPORT BEACH MUNICIPAL CODE RELATING TO re pier PIER PERMITSAAROUND BALBOA ISLAND, permits around Balboa was presented for. second, reading, and public hearing. • The. following communications, in favor of the.. adoption of Island. an ordinance prohibiting, the, construction of new piers and floats,. were.presented: Letter from J. C. Par.tsch, 321 Ltrs & Opal, Balboa, Island; letter from Clarence Stanger,; 124 petitions Apolena, Balboa..Island; petitions, bearing 405 signatures; favoring ,:letter from Kate McCann,: 200 Emerald,. Balboa Island; letter.from Charles S. Flickwir, 601 Orchid, Corona de] Mar. Jt Harbor The, report from the Joint Harbor Committee, dated Cmte re t. March 22,. 1964 recommending that consideration.of,the adoption of Ordinance No. 951 be continued for sixty days,; was summarized by Mayor Stoddard. CA 130 By a. show of hands, Mayor Stoddard determined, that • practically the. entire audience..filling, the Council Cham- bers. were. interested.in - the. roposed ordi ATTEST: t/l 4- -kv Mayor CAI, Cleirk Page 172 Present Motion -All Ayes COUNCILMEN x A� �Z�L opppOO 0 N N i Z� yQ Letter s. from ,the. following, opposing -the adoption. of such Ltrs & an. ordinance, were presented: Mr. and Mrs. Malcolm s R. W. Williamson„ 1405 North Bay Front, Balboa Island; o pposin pposin Charles Garrick, Balboa Island; Ruth F. Parks„ 1504 ..South Bay Front, Balboa Island; W. A. Garriott and Elynor L. Garr.iott,. 320 Grand Canal, Balboa Island; E. A. Daniell„ 709 North Bay Front, Balboa Island; Hillel Harwick,; 1101 Somerset Lane, Newport Beach. Tele- grams.from the. following,. opposing the adoption of such • an. ordinance,: were. presented: Mr.. and Mrs :. Howard Moore,. 1.530 Miramar Drive, Balboa; Mr.. and Mrs. George'Pfleger,; 26 Harbor Island, Newport Beach; Mr. and Mrs. Henry Schaefer, Jr.,. 11 Harbor Island; Sheldon Hartwell,. 809 West Bay Front, Balboa Island; Mr. and Mrs. Tod Oviatt, Balboa.Island; Jack- Symes, 1801 Bayadere Terrace, Corona. del Mar; George Michaud; Agnes Bruden; Mr. and Mrs. Carl M. Boswell; W. B. Wood,. 603 North Bay Front, Balboa Island; Milton Hand, 3.17 East Bay Front, Balboa.Island; E. P. Hadley,, ,815 Via Lido Soud, Newport Beach. Jt Harbor The, report from the Joint Harbor Committee, dated Cmte re t. March 22,. 1964 recommending that consideration.of,the adoption of Ordinance No. 951 be continued for sixty days,; was summarized by Mayor Stoddard. CA 130 By a. show of hands, Mayor Stoddard determined, that • practically the. entire audience..filling, the Council Cham- bers. were. interested.in - the. roposed ordi ATTEST: t/l 4- -kv Mayor CAI, Cleirk Page 172 Present Motion -All Ayes COUNCILMEN x A� �Z�L opppOO 0 N N i Z� yQ CITY OF NEWPORT BEACH COUNCILMEN Page. 173 - Volume.: 14 ono cb �o y m N N O Index (March 27, 1961) •, The: following. people participated in the discussion: George, Jones of the Board of Directors of the Balboa .island Improvement Association,: requesting. an opportunity Discus- to join with Councilman Cook and others,-for consideration Sion of -the adoption -of a.law versus,.the adoption. -of a.policy re Ord 951 garding. piers; George Gay, 308 Ruby, Balboa Island; CA 130 Arthur Kramer, 1403 North Bay Front, Balboa Island, ,opposing the proposed ordinance; J.,Paddock,,120 Via Lido Nord, Newport Beach,; opposing the, ordinance; Mrs. Clarence Stanyer; Mrs. Kate McCann, in favor of an ordinance; Mary Everett, 546 South Bay Front, Balboa Island, opposing the upkeep and.repair limitations, of.the ordinance; Bill- S. Pigg,, 227 East Bay Front, Balboa Island; Dr. Oliver G. Howell, Z04 South Bay Front, Balboa. Island, opposing the proposed ordinance; C. B. Knickerbocker; 501 North Bay Front, Balboa..lsland; Attorney M. A. Sturges, representing himself and Mr. Thompson, stating that an ordinance should not single out one Island, .laws: should. pertain to the entire 'City; Dr. S. • R. Nord, Jr.,. 1009 North Bay Front,, Balboa Island, opposing, the. ordinance; Arthur Peterson; F. J. Stevenson, 110. Coral, Balboa.Island, in favor of the - ordinance; George E. Hapgood, Balboa,.opposingahe taking, any, of the free beach away ,.from the people; Frank Everett,- concerned with the repair portion of - the.ordi- nance; Clarence Stanyer, in favor of the ordinance; Richard Fenton,: 220 Ruby, Balboa4Island„ stating that permissive trespass only is given to pier owners and .speaking in- favor of incorporating the, policy of restrictin additional piers on Balboa:Island into some firm policy or ordinance. Cmte to The. appointment of Councilman Cook. and Councilman redraft Kingsley.'by. -the Mayor:to. attempt to redraft Ordinance Ord 951 No. 951,; in counsel with the-City Attorney and any others CA 60 CA 130 with whom. they desired to consult, to try, to. establish in words, by an ordinance,. the .thoughts expressed at the • meeting, and in the present Council policy, which would Motion x be, satisfactory to all concerned, was confirmed. All Ayes Hrg con . The. hearing regarding Ordinance No.. 951 was continued Motion x ..to April 24,: 1961. Roll Call: Ayes x.x x x x x x Ord 949 2• (Agenda Item E -2) Mayor Stoddard opened the. continued re re- public hearing regarding Ordinance No. 949, being zoning (LaShell e AN ORDINANCE OF THE CITY OF NEWPORT BEACH propert ) 'REZONING PROPERTY AND AMENDING DISTRICT CA 10 MAP NO., 11, rezoning a. portion of Lot 1, Tract No.. 1080,; located at 325 Edgewater, Balboa,, from an R-4-District to an Un- classified District, application -of Arthur LaShelie, • Planning. Commission Am dment No. 10 9 ATTEST: iay� Mayor City Clerk 11C Page 173 Index Or, hr Ad CA r Or hr Ad CA 4 Or Ch to So to or in du C CA CITY OF NEWPORT BEACH COUNCILMEN Page 174 - Volume. 14 0Nx Om , •. Councilman Somers made, a motion:.to continueahe. hear- Motion x ing.;regarding Ordinance No. 949 to, April 10,. 1961. Mayor StoddardAnquired whether or not anyone-wanted to be heard. There:was no response. The public hearing regarding Ordinance No. 949 was • continued to April .10, Roll Call: 1961. Ayes xxx.xx 3. ,(Agenda,Item E -3) Ordinance No. 952, being AN ORDINANCE. OF" THE CITY OF NEWPORT BEACH 1 952 REPEALING CHAPTER 8 OF ARTICLE IX OF THE X NEWPORT BEACH MUNICIPAL CODE AND ADDING )pted. SECTION 9109. 5 TO SAID: CODE RELATING TO THE 10 INTERPRETATION AND APPLICATION OF THE PROVISIONS OF ARTICLE Ix, (transferring. the provisions. of Chapter 8 of Article IX, being Section. 9108. 1. of the Municipal Code,. to Chapter 9 ' of Article IX as Section 9109.5.of. the Municipal Code), was presented for second. reading and public hearing. Mayor Stoddard opened..the. hearing. No one desiredto Motion speak from the audience. The hearing was. closed. All Ayes Ordinance No. 952.was adopted. Motion x Roll Call: Ayes x x x x x 4. ,(Agenda Item E -4). Ordinance No. 954, being 3 954 g AN ORDINANCE OF THE CITY OF NEWPORT BEACH opted. REZONING PROPERTY AND AMENDING DISTRICT 10 MAP NO.. 22, rezoning, a portion. of Lot 1013, First Addition.to Newport Mesa Tract,; from an R -1 District to an M -1 -A District, located it 971. - 16th Street, Newport Beach;_ Planning ' Commission Amendment No. 105, was presented for second reading, and public hearing. Mayor Stoddard opened the.hearing. No one, desired to Motion speak. from the audience. The, hearing was closed. All Aye's Ordinance No. 954 was adopted. Motion x Roll Call: Ayes x.xx x -x. d 958 ORDINANC'ES•FOR INTRODUCTION: are° ble 1. ,(Agenda Item F -1) Councilman SomersAhanked: the mem- lici- bers.of the-Committee which had assisted. in drafting,a tions proposed Charitable, Soli citations Ordinance. He stated d that said Committee had unanimously endorsed said pro - tro- posed - ordinance. about four months ago. He explained ced that at the present time;the community was,not ready for Table I the. adoption- of !the. ordinance,, but that, 'upon. introduction, 60 it would be, available for futur use or further consider - 57 ation. f `� A TEST: S c Ma or Page 174 %,iry �ierx / — K X %,iry �ierx / — K X Index 0 Ord 95' re re- zoning • CA 10 Civil Servicf resi dentia: regs . CA 85 Lotze settlen • CA 580 Harbor Affaire Cmte rept CA 70 CA 60 Plaway Plantin Policy CA 49 Recess • iM< 1. 2. 3. 4. RI TI A' CITY OF NEWPORT BEACH Page, 175. - Volume. 14 COUNCILMEN n yam. ANN <�yF p. .xcn. a Ordinance No. 958, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3 TO ARTICLE IV OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS, AND DONATIONS, uvas,:introduced. Motion Roll Call: Ayes xx. X X X.X x Ordinance No._ 958 was tabled. Motion Roll Call: Ayes xxx xxxx (Agenda Item F -2) Ordinance No. 959,. being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING'PROPERTY AND AMENDING DISTRICT MAP NO., 1, rezoning.Tract No. 772. and Block 260. of River Section, from an R: -3 District to an R -1 District; Planning Com- Motion x mission Amendment No.. 106,: was: introduced and.set for Roll Call: public hearing. on April 24, 1961, at 7::30 P.M. Ayes .. x .x:x x:x x. x NT.INUED BUSINESS: (Agenda Jtem H -1) Further. consideration was given to the recommendations of the Civil Service Board that the boundaries,for residential requirements.be.abolished. It was directed ,that .the. report of the Civil Service Board.be Motion x filed. and that the present boundaries.of residential re- Ayes X X x:x quirements be retained. Noes x x (Agenda ;Item H -2) The City Attorney reported that a chec for $2000. had been- received.from Walter Lotze. in. settle- ment of the Lotze, lease„ and. that this. was, the. amount for which he- had been negotiating. Authorization was given to aceept..the: check in, the amount of $2000 as. full settlement of the City's. difference W, with Motion x Mr. Lotze. All Ayes (Agenda, Item H -3) A report from the Harbor Affairs Com- mittee,. submitted by Councilman Hart„ was. ordered re- ceived with,thanks, awaiting, a future. report. on:the Motion matters. All Ayes .(Agenda_Item H -4) The City Clerk.was. directed to hold for presentation when. ready„ recommendations.. regarding the. adoption of an Arterial Highway. Parkway.Planting Policy,. which had been.diaried.for March 27,:.1961. :CESS for five. minutes. was declared by Mayor Stoddard. .e- Council reconvened with a 'Members p�� / n 'TEST: ✓(�� Mayor City C erkc MS Page .175 Index • Traffic signal modifi- cation CA 19 CA 104 CdM Parkin Lot B plans & spec CA 49' •(C7 CdM plans CA 49 Balboa & 46th req fox vacatic CA 14 F Balboa Blvd Center Plantir CA 49 (March 27 CITY OF NEWPORT BEACH Page. 176. - Volume: 14 lot 11 COUNCILMEN %On. CURRENT BUSINESS: (Agenda_ Item I -1) The recommendation of the City Manager and'Public Works Director,: contained.in a.memorandum dated March.23, 1961, regarding. modification .. of traffic signals and construction of .left .turn channelization at the intersection of Pacific' Coast Highway, and Balboa Boule- vard - $uperior Avenue,. that the City participate in the project in. the amount of $3000 of (,as Tax Funds, was Motion x approved. All Ayes !.,(Agenda Item 1 -2) CORONA DEL MAR STATE AND CITY BEACH PARK: A memorandum from the, City Manager and Public Works Director regarding Parking Lot B, Cbrona. del Mar State and City Beach Park,: recommending. approval of plans and specifications, and - authorization. to the City Clerk to advertise: for bids, was presented. The plans. and. speci- fications were approved, and the City Clerk was, author - ized.to advertise for'bids.to be received. on April 20, Motion x 1961, at 10 :30 A.M. All Ayes The recommendation&from the Parka, Beaches and.Recr - ation Commission: regarding approval of working.plans and.landscaping, contained in.a memorandum dated Marc Z7,. 1961,. were. presented. The. working plans. were re- ceived in good - order,, signed. bythe Parks, Beaches and Motion x Recreation Commission,: and ordered,filed. All Ayes 3. (Agenda.ltem I -3) A memorandum.from.the City Attorney, dated March 21,:. 1961,: regarding, the request of C. A. Higbie,: representing Mary E. and Daniel R. Gustafson, owners of Lot 15, Block 45, River Section,, that the City abandon a. portion.. of the street right -of -way at the. inter- section of Balboa Boulevard and 46th Street, was pre- sented. o The City Attorney was.instructed.to proceed -with, the abandonment of Parcels 1,: 2,: and 3, and to proceed.with Motion x acquisition of Parcel 3A as shown.. on Drawing No. L -269. All Ayes Mr. Higbie, spoke from the audience. L (Agenda. item I -4) The. report of the Parks, Beaches and Recreation Commission, contained:in a.memorandum dated March 21,.1961,; regarding Capital improvements, Beautification.of Balboa. Boulevard Center Planting, was - approved, and the. recommendations. were. authorized that the. money appropriated be, used to plant Washingtonia Palms in the., intersection: bowls rather than F.icus. -trees in the, center strip, and that Capital Improvement Funds Motion x ..be. revised: as. indicated. All Ayes i. .(Agenda Item I -5) A letter was presented. from A. W. Snyder, Chairman, Parks, Beaches and Recreation'Com- mission„ stating;ahat the C ission.u�I Y . P- 9 $� ATTEST: 47; 4;� M r >cnw Page 176 _� CITY OF NEWPORT BEACH COUNCILMEN Page, 177 - Volume 14 Index (March. 27,, 196 1) • proved the master plan revision-of Grant Howald Park, which.had .been.approved.by the Community Youth Center Grant. Board; stating, that the Newport Beach School District Howald Board had. approved the- amendment to .the, master plan, Park specifying the location of the concession building; further Master stating that.the- Commission. recommended, that .the Counci Plan revisioi approve. the. revised master plan and specifically the con - CA 49 cession.location,, and working drawings for the concession, said plan becoming "Grant Howald Park Master Plan #3. It was directedAhat the. record show that the Master Plan has been approved by the Community Youth Center Board and by the School, and that the Council approves the Master Plan_as..to. -the locationof the..new concession Motion building only. All Ayes R 5389.. 6. (Agenda Item I -7) Resolution No.• 5389, being a.resolutio re Tract of the City Council of the City of Newport Beach,; author - 3801 izing,:the Mayor and City Clerk to execute a contract with Motion • Clifftop Development Company;,(agreement to share. cost Roll Call: CA.23 of drainage system for Tract No. 3801),: was adopted. Ayes 7..(Agenda:Item 1 -8) A memorandum was presented from the Superioi City Attorney,. dated March 20„ 1961„ regarding "People Court v. Beaver,. et al., Orange County Superior Court No. Case 93944." 93944 CA 169 The .following,motion,was adopted: "The City Attorney is Motion hereby authorized, and. directed to execute a.stipulation in All Ayes Superior Court. case No. 93944 acknowledging, service. of the. summons- and complaint in. said action on. behalf. of the City of Newport Beach and agreeing, that the City has, no interest .in .the. subject property and that judgment may, be entered.. in favor. of the- State. California condemning sai property in feeao ;the plaintiff." 8. Water Plans. for Junior High School in Corona del Mar: • ,(a).The City Attorney was authorized. to prepare . an - agree- Motion ment with James Montgomery, Consulting.'Engineer, All Ayes Water for-the preparation-of plans and - specifications for the plans ..construction of a pump, station at Big Canyon Reservoi for together with.a.transmission main -from the pump CdM stationto the. northwesterly corner of the Junior High Jr High School site. School CA 12 CA 33 (b) The City Attorney was authorized to prepare. an. agree- Motion meat with the Newport Beach School District and The All Ayes .Irvine - Company for the repayment of the cost of the above construction. ,(1) School'District to deposit with City its share. of cost. immediately. (2) Irvine Company to pay the City the difference be- tween, the, total cost and.the amount contributed.by the School District at'.time, of connection,, but not ...less. than 18 months.fr date-of execu 'on agreement. ATTEST: 1_e Page 177 r City Clerkk / 6 x X x CITY OF NEWPORT BEACH Page. 178- - Volume: 14 Index (March 27,,. 1961) 9 Mayor Stoddard read the following. Arterial Road Policy, which was unanimously adopted: Road Policy adopter CA 90 CA 69 CA 128 CA 71 • Licen Appls CA 63 • Auction lic con •CA 6 "Development of the City's arterial road system will be based, upon the Master Plan of Streets. and Highways adopted in 1958 and as amended from time to.time. Such roads will be generally and precisely. located and their minimum design standards established- bythe Master Plan. "The City recognizes,that certain State gas tax funds and County arterial highway funds.will. accrue . for use in construction of streets of major .importance. These funds will be allocated on the basis of need to .the net- work. of streets shown on the Master Plan in conjunctio with appropriate contributions to be made. by the land developer. "The details to be worked out at a later. date. " Mr. William Mason of The ,Irvine Company spoke from the audience and stated the policy was satisfactory. TIONS FOR LICENSE: 1. .(Agenda Items J -1,: 2, 3, 4) The following Applications for License were.approved: Jack B. and Dotti M. Stephens, on -sale: beer: and wine and sandwiches, "Tiki," 3208 West Coast Highway, Newport Beach. Frank Usedom, signing for Villa Management, Inc.,: dba "Villa Marina," 1045 Bayside Drive, Newport Beach, on- sale. alcoholic beverage and restaurant. at above address; change of ownership; formerly owned .by Marina Corpo- ration. Exempt, Dexter T. Ball, M.D. , President, Orange County Branch of American Cancer Society, 848 North Birch, Santa Ana, 1961 American Cancer Society Crusa to be conducted primarily on.a neighbor -.to- neighbor basis; volunteer workers will start collection envelopes in each block and ask that they be passed from neighbor to neighbor; drive to be conducted from April 1_through April 30„ 1961; approximately 450 volunteers. Exempt, Laura R. Garrish, representing Field Enter- prises Educational Corporation, 406 Indianapolis, Huntington Beach, house -to- house. soliciting for the sale of encyclopedias, World Book-and Childcraft (educational material), representing Field Enterprises Educational Corporation, Chicago. (Agenda Item J -5) Consideration. of the Application for License for an auction at Pacific Contract Furnishers, was held for consideration laar in the meetiA. /,- ATTEST: i Motion All Ayes Motion All Ayes COUNCILMEN x x C 0 r -$ o CITY OF NEWPORT BEACH Page. 179. - Volume. 14 Index (March 27., 196 1) ICOMMUNICATIONS. - REFERRALS: Harbor Patrol men as peace office: CA 70 CA 66 State Highwa; constri tion funds CA 69 0 Civil Defensf legis- lation CA 111 • Petiti Tract CA 23 • 1..;(Agenda Item K -1) A letter from Kenneth Sampson, Har- bor Manager,. Orange County Harbor District,. regarding the, legislation which,..if passed, would. make Harbor s Patrolmen.peace officers, was referred to Mayor Stoddard. and Vice Mayor Hart.. for handling and for report ,.back to the Council. (Agenda Item K -2) A letter was presented from Warren M., Dorn, President, Southern California Regional Asso- ciation.of County Supervisors,. regarding the, use. of State Highway Construction' Funds, submitting a ,copy of a resolution.adopted.by said Association.. urging a.revis.ion of the. so- called Mayo -Breed Formula to provide a mini- mum of 6016 of State Highway Construction Funds.to the southern counties as compared to the 5016 currently allocated; urging, support of such-revision, as proposed in Assembly Bill 1320; also submitting a brochure on. the .subject prepared. by N. H. Templin, Road Commissioner Los- Angeles- County; Road 'Department. Mayor Stoddard..recommended approval. v The City Attorney was requested to put •the, matter in the form of a.resolution for adoption. 3. ..(Agenda Item K -4) A letter was-ordered filed-from Allan K. Jonas, Director of State-of California Disaster Office transmitting, a :message from'Frank B. Ellis, Director of the Office. of Civil. and Defense Moblization. to all City and County officials, that "I urge you. to bring your influence tc bear to speed legislative consideration, of measures, wherever pending, to give effect to the-, continuity of government program during and following disaster." 4. ,(Agenda.Item K -5) Tract No.. 772: The following petitions were order ed.filed. with other correspondence on the subject: Ls Petitions signed by Helen W. Henger and John E. P2 Burkett,: requesting that the Council take the, necessa3 steps. to raise the level of Fern and Canal Streets: to the. correct level of the tract, each property owner to pay, his share. of the costs. Petition, signed by Ambrose Stewart requesting. that .A Council take the necessary steps to form an Assess- ment District. to pay, for the cost of the improvement of all streets and alleys within said district that are not now improved. 5. (Agenda Item K -6) Request for Abandonment of Street End. of 8th Street on the Bay: A letter from Robert M. lan, Jr., Newport Harbor Yacht Ch #14,, request TTEST: M City erk Page 179 Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes COUNCILMEN y p 3 N Z n v c n C f F F E t F t C G F C Y C C I c C CITY OF NEWPORT BEACH COUNCILMEN Page 180 - Volume 14 Index (March 27,. 19.61) consider the. abandonment of the street end.of Sth Street on the Bay, was referred to the City Manager .for investi- Motion nth St gation and reportl back as, to its feasibility. All Ayes in Bay eq for A letter from Howard C. Williams, President,. Central .bandon Newport Beach Community Association,: stating, the. office s lent A 14 and Board.members.of said Association have taken-the stand. that. -they are: in complete opposition. to the abandon- ment. of ,the beach front at the .foot. of 8th Street,. was also Motion referred to the City Manager. All Ayes Mr. Hal Glass spoke from the. audience, requesting an opportunity to discuss.an alternate- plan with, the -City Manager. ummons 6. (Agenda Item K -7) A Summons and Complaint -for persona Comp1. injury and property damage in- Orange'County Superior .lugiew' czCourt Action No., 94659, John Klugiewicz.v., the City of Newport Beach,. et al. ;. which had been served on,the Cit . Clerk on behalf of the City on March 23, 1961,; alleging A 84 general damage: in-the sum of $50, 000 and property damage .in the. amount of $250,; were presented. Said. claim .was denied, and the City Clerk's referral of Motion the. matter to the- insurance carriers was. confirmed. All Ayes ire 7. ,(Agenda .Item K -8) A letter from Max G. Dillman, Presi- tation -dent of the Balboa Improvement Association, stating, that uildin the Board of Directors of said Association unanimously ashing suggests: (I).that -the City of Newport Beach, dismantle on & B A 38 y.the.fire station building, at Washington and Bay;,(2) that the City utilize.the. vacant property as a. parking lot or .lease said property to ,the Balboa..lmprovement Associ- ationfor parking purposes;,(3). that the - City "permit the present restroom building; to remain - to be cleaned_ up, painted,: and operated as a public service. until conditions in the area change," was. ref erred.. to the City Manager Motion for report back. All Ayes round 8. ,(Agenda Item K -9) A letter from Howard W. Crooke, ater Secretary- Manager of .the- Orange County, Water District, onds . submitting a .copy of the, "Report..on Ground Water Con - eport ditions, Orange County Water District, March 8,: 1961, " Motion A 12 was._ order ed.filed. A11 Ayes henry 9• (Agenda Item K -10) A letter.froin Troy S. Miller, Presi- ake dent, Lake Front Property Owners Association, .in -the rainag vicinity of Cherry Lake, containing a protest to the City A 154 of Costa Mesa. and the City of Newport Beach regarding drainage in subject area, was. referred. to _the City Motion Manager for investigation and report back to. the Council. All Ayes BUDGET AMENDMENTS: ).(Agenda_Items L »1, 2, 3, 4,• 5)/ he. following.B ge end Motion ments were. approved: (J A {�j, Ayes 9 ATTEST: -" " ' Mayo City Cl rk MGM 180 Page ' Index • Budget Amend- ments CA 102 • • Ord 960 re sign; CA 103 CITY OF NEWPORT BEACH Page 181 - Volume 14 (March Z7.,, 1961) No. C- 60,,.in -the amount of $308. 70, being an increase. in Budget Appropriations. from Unappropriated Surplus, Oeneral,:.ta Streets, Land Improvements: - Traffic Signal and Channelization.- Jamboree Road; -for closing of Pro - ject No. 02 -3397 -040 (Traffic Signals. and Channelization. Jamboree Road) which was overdrawn by error on Budget Amendment No. C -59, approved March. 13,: 1961. 2. No. C -61,; being a.transfer of Budget Appropriations.fron Beautification for closing, of completed projects as listed .on the. reverse side of the Budget Amendment -to Balboa Boulevard Planting $900,(10-7797-025), Corona del Mar Parking Lot B $228.88,(10- 7897 -027), and Corona del Mar Curbing Planting Parking Lot A $209.47,(10-.7897 - 028). 3. No. C -63, being a .transfer of Budget Appropriations fr Fire. - Publishing Expense to Fire, Equipment N. O. C.; for portable, radio receiver with Orange County.Harbor Department frequency. 4. No. C -64,. in the amount of $1235. 65, , (net increase, Un- appropriated Surplus),. being an increase in Budget Ap- propriations ($2471. 34), from Unappropriated Surplus, Water,, to Water Distribution, Land,Improvements,. and an increase, in revenue estimates ($3707. 01), from Re- funds. and Rebates; for pro. rata refund to Irvine Company and Lockheed. on service. connection by MWD at Palisades Road and Jamboree Road in accordance. with the. agree- ment of March 28,, 1960. 5. No. C -65,, being an increaseAn Budget Appropriations ($.100),, from Unappropriated Surplus, General,; to P. W.A. and Engineering, Departmental Supplies, and an increase in Revenue Estimates,,($100) from sale of property;. for precut and printed. drawing, and Atlas.sheets,($1000) (.transfer indicated on form); one -half of which will be sold over a.:three -year period ($100. estimated on 1960 -61 fiscal year) and provide money for regular,. seasonal and part -.time for replacement.of permanent employee. ADDITIONAL BUSINESS: 1. (Agenda Item M -1) A memorandum was presented.from the Board of Adjustments regarding the proposed amend- ment to the' Chapter of the Municipal Code relating, to signs. Ordinance No. 960,. being_ AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 8501 OF AND ADDING SECTION 8501. 1 AND 8501•. 2 TO CHAPTER 5 OF ARTICLE VIII OF THE NEWPORT BEACH MUNCIPAL CODE RE- LATING TO SIGNS, • , was-introduced and passed ATTEST: second. mayor Page .:181_ COUNCILMEN otion "Ill Call: Ayes Ix Index • Fall- out shelter CA 111 River- side a Avon vacati CA 14 • City Beach regul tions closi hours CA 49 n LJ n LJ (March 27, 1961) E, F n CITY OF NEWPORT BEACH Page 182 - Volume 14 COUNCILMEN 003� • (Agenda Item M -2) The.report- from.the City Manager rec- ommending that -the Council leave to the discretion of the City Manager and Building Director the use. of services offered by the "Fall -Out Shelter Committee" of the Orang Empire Chapter, International Conference of Building Officials, and that the City Manager be authorized to advise that organization of the Council's position, was Motion x .accepted. All Ayes • (Agenda Item M -3) A report from the City Manager, dated March 24, 1961, regarding the request of John F. Vogel that the City vacate a portion of Avon Street,, was presented, containing the. recommendations that the -City Council authorize proceedings to vacate that portion of Avon Street right -of -way, designated on a sketch.number d L -3068, with.a 25' radius for the northwesterly corner of Avon and Riverside. Mr. Vogel spoke from the. audience and agreed to the proposal as recommended by the City Manager. The City Attorney was authorized to proceed to draw a resolution of intention to abandon in accordance. withAhe Motion x recommendations. All Ayes • (Agenda Item M -4) A memorandum was presented from A. W. Snyder, Chairman, Parks, Beaches and Recreatio Commission, regarding the referral in August, 1960,. by -the Council to the Commission of a letter from the Central Newport Beach Community Association urging a 10:00 P. M. closing hour for all ocean f rant beaches, which would be in keeping with.the 10 :00 P.M. closing .time for the Corona.del Mar State and City Beach, recommending,. that an- .11:00 P.M. closing hour be set for all ocean front beaches, by resolution rather than ordinance, to permit a desirable flexibility; said memo- randum contained the additional recommendations that (1) The City ordinance controlling alcoholic beverages on the beach he reworded to include "possession of alcohol;" (2) That the jeep patrol night shift start at 7:00 P.M. and extend to 3:00 A.M. , and one jeep unit be. kept on duty all night subject to call; (3) That the police.force -and life- guards. be. increased forspecial situations or trouble spots as they arise. Councilman Lorenz made a motion that the City Attorney Motion x be.instructed to prepare, the necessary ordinance. to set the closing hours on the beaches by resolution and to pre - pare.the necessary ordinance to amend the Code,to change, the wording to "possession of alcohol," instead of "drinking on the beach." Chief' Lifeguard Robert Reed, James Warren, and Edwa d Healy participated in the discussion. A vote was taken on Councilman Lorenz' motion, which carried unanimously. /f AQ1 Ayes ATTEST: ^aj( � i Ma or Cityl Cler ^ page 182 . -1/ Index Walp letter re Sou Coast Child Clinic license CA 37 n LJ Palmer ltr re rezoniz CA 23 ABC license CA 156 CA 99 Auction license CA 63 • CITY OF NEWPORT BEACH Page 183 - Volume 14 (March 27,: 1961) (COMMUNICATIONS. - ADVISORY: COUNCILMEN 1. (Agenda._Item N -1) A letter was presented.from -Mrs. Muretta Walp stating, that she, believes'.that when. con- troversial subjects, as the application.. for;, license: of the h Child'Guidance,Clinic _to, solicit funds in Newport Beach, are before the Council,, the citizens_:should be, notified in e ..advance; stating, that she..feels' definite assurance- should be given before the permit is, allowed-to stand:that the ''Child guidance 'Clinic..will.not now,: or at anytime in the future„ be allowed to apply for State Funds," Said.letter was referred to the City Manager for answer, Motion advising Mrs. WalpAhat the newpapers usually quote All'Ayes what,the Council is going to take, up and that is believed to be.proper coverage, and that ,the Council has no, con- trol over _the..Child Guidnance Clinic and has no control over whether they may, be, aliowed_to apply -for State.. or Federal funds. 2. (Agenda Item N -2) A letter was. ordered filed from P. A, Motion Palmer, President, Newport Balboa Savings and Loan All Ayes g Association, stating, that it is. expected.that an appeal will be. made, from the decision. of the Planning. Com- mis:sion denying, the application to rezone Tract 3068 (Back. Bay Estates)„ from unzoned to R -2; requesting that the Council deny the. appeal. 3. ,(Agenda .Item N -3) A copy of an Application for Exchange of on -sale. beer. and wine 'License. to-the . Alcoholic Bevera e Control, A= 348- H,. bona, fide. public eating place,. for on- sale beer and wine 'public premises," Florence A. and Roger B. Jolly, "Jolly's,Tap. Room," 700 East Bay, Motion Balboa, was ordered filed. All Ayes 4. (Agenda Item N -4), The announcement by Southern Pacific Public Relations Department. that.more,than 200 shippers and. shipper associations, have gone.on record amtwith_.the interstate Commerce Commission in support. of Southern Pacific's proposal to acquire, stock control. of Motion the Western Pacific,. was.ordered.filed. A11 Ayes FURTHER BUSINESS: 1. The City Manager stated.he had been unsuccessul in an .effort to reach the Finance Director,to determineAhe source of the merchandise which was',planned.for sale under- the following described Application -for License: Colonel Chester G. Barton,. Jr.,, of California Auction School & Service, 1786. Newport Boulevard, Costa Mesa, for daily, auction..at Pacific Contract Furnisherp,; .2650 Avon Street, Newport Beach, March. 29 and 30,' auction: o carpeting,. household furniture„ water`conditioners,.fix- tures,. tools and equipment,. decorative giftware,. and re- lated household..items. Said License was approved: sub- ject to the City Manager satisfying himself that there is Motion no conflict with the Municipa r1 ode. AAyes 11AZ6e ATTEST: ,1,91 M Mayor ' \w�-9�AA �c t4 Page 183 CITY OF NEWPORT BEACH Page. 184 - Volume 14 Index (March 27,:.1961) 2. (Agenda Item I -6) Resolution No. .5390, being, a.resolutior • of the City Council of the City of Newport Beach,. author - R 5390 izing: the Mayor. and City 'Clerk .to execute: a. contract re- auth garding off- street parking with Beamish, Diggins and contr for Cortese,,. (off site. parking, approved by Council. for off street parking restaurant to be-Iocated.at Coast Highway, and 60th CA 22 Street), was.adopted, subject.to a.contract being,executec C 732 by thei trustees:'and beneficiaries.. of the affected property. 3. The City Attorney, advised that the-parties had been Eminent unable to reach an agreement-in regard to the acquisition Domain _of ,the parcel on_the_ northwest corner of 3Qth Street and proceed- ings Newport- Boulevard, and that eminent domain proceedings CA 29 will.be.necessary probably. CA 169 CA 38 The. meeting was adjourned..at 10:12 P.M. 0 40 • ATTEST: City C rk Page- 184 Motion Roll Cal] Ayes . Motion All Ayes COUNCILMEN