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HomeMy WebLinkAbout04/01/1946 - Regular Meeting374 April 1, 1946 The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall at the hour of 4 o'clock p.m. on above date with Mayor Hall presiding. The roll was called, the following Councilmen answering present: Allen, Isbell, Stanley, Reed, Hall The Mayor asked if any of the Councilmen or anyone in the audbnce wished the minutes of the previous meeting, or any part thereof, read; no one responded and the reading of the minutes was dispensed with. Engineer. motion of Councilman Allen, seconded by Councilman Reed, referred to the City Engineer with instructions to provide the City Attorney with the description of the property proposed to abandoned. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall NOES, COUNCILMAN: Stanley ABSENT, COUNCILMEN: None Councilman Stanley declaring that the Councilman Stanley qualified his vote as not being against the vacation should be vacation of the alley but believed it should be passed upon by the Planning passed by Planning Com. Commission first. first. 11 0 0 r, n U REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read, and on motion of Councilman Allen, seconded by Councilman Isbell, and carried, the report was ordered filed. The reading of the reports of other departmental heads was dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES Reporting on the request Harbor Master Craig and City Engineer Webb reporting on the of Tom Henderson for request of Mr. Thomas Henderson for mooring boats in the extreme west end mooring of boats in of the Turning Basin in the vicinity of the Arches Viaduct advised that the west end of the there was insufficient depth of water in the area at low tide without Turning Basin. encroaching upon the Turning Basin area and that the remuneration offered would not warrant the City in doing the necessary dredging to accomodate the craft proposed to be moored there. On motion of Councilman Allen, seconded by Councilman Isbell and carried the report was accepted, where- upon it was moved by Councilman Stanley seconded by Councilman Allen and carried that the City Engineer furnish cost of dredging and a new application be submitted. Reporting on apkn. Administrative Officer Sailors reported for the Committee in of Dick Sharpe for reference to the application of Dick Sharpe for a license to install license to install certain types of colfki operated machines and advised that the Committee certain type coin approved the types designated as Type 1 and Type 2 machines at a license operated machines. fee of $35.00 for each machine. On motion of Councilman Allen, seconded by Councilman Reed the report was accepted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None COM1MUNICATIONS Apkn. of Ralph ?,,Tells The application of Ralph Wells for a license to run a Fountain for license to run Lunch at 501 East Edgewater Avenue, having been approved•by the Health Fountain Lunch, Officer was on motion of Councilman Allen, seconded by Councilman Isbell granted. and carried, granted. Apkn. of O.M. Browne The applicated of Oaul M. Browne for a license to rent and sell for license to rent motor bicycles and other motor equipped machines was on motion of Council - motor bicycles, denied man Allen, seconded by Councilman Reed and carried, denied due to an ordinance prohibiting same. Apkn. of R.S. Dittmar The application of R. S. Dittmar, President of the Fun Zone Boat for license to operate Corp. for a license to operate a Sight Seeing boat on the Bay without Sight Seeing Boat, music or noise, having been approved by the Chief of Police was on motion granted. of Councilman Allen, seconded by Councilman Stanley and carried, granted. Apkn. of K.E. Wilbourn The application of K. E. Wilbourn for a license to install soft for license to install drink vending machines, coin operated with paper cups, was on motion of soft drink vending Councilman Allen, seconded by Councilman Isbell and carried, denied, machines, denied. due to no definite locations being given in the application. Apkn. of Lewis Walker The application of Lewis and Roberta Walker for a license to for license to operate operate a Frozen Food package and Ice cream at 318 Marine Avenue, Balboa Frozen Food package, Island, having been approved by the Health Officer was on motion of granted. Councilman Allen, seconded by Councilman Isbell and carried, granted. Apkn. of Ralph Sessel The application of Ralph Sessel for a license to run a cafe for license for cafe, at 1301 Coast Highway, having been approved by the Health Officer, was granted. on motion of Councilman Allen, seconded by Councilman Isbell and carried, Apkn. of A.A. Tennis granted. for license to run The application of A. A. Tennis for a license to run a restaurant restaurant, granted. at 3452 via Oporto, having been approved by the Health Officer, was on motion of Councilman Allen, seconded by Councilman Isbell and carried, Apkn. of Marion M.Hitt granted. to operate Water Taxi The application of Marion M. Hitt, supplementing a former referred to Harbor Mast- application for a license to operate a Water Taxi in the Bay with head- er, Engineer. quarters at 227 - 20th Street, together with a letter explaining the nature of the business was presented and on motion,of Councilman Isbell, seconded by Councilman Allen and carried, the matter was referred to the Harbor Master, City Engineer and Administrative Officer Sailors for investigation Request of M.McCulloch and report. for vacation of alley The request of M. McCulloch for the vacation of the alley in in C.D.M. referred to the rear of Lots 1 and 2, Block A., Tract 673, Corona del Mar was on Engineer. motion of Councilman Allen, seconded by Councilman Reed, referred to the City Engineer with instructions to provide the City Attorney with the description of the property proposed to abandoned. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall NOES, COUNCILMAN: Stanley ABSENT, COUNCILMEN: None Councilman Stanley declaring that the Councilman Stanley qualified his vote as not being against the vacation should be vacation of the alley but believed it should be passed upon by the Planning passed by Planning Com. Commission first. first. 11 0 0 r, n U 375 The application of George Su. -ain for a permit to load and unload Apkn. of George Swain vessels in Newport Beach in connection with a Water Taxi service between to load and unload Newport Beach and Catalina Island from the facilities located at the Fun vessels in connection Zone in Balboa and limited to passengers and baggage only. with Water Taxi service The applicant . addressed the Council concerning the matter, between Npt. and Catal- • advising that the permit would be necessary before filing his application ina. Permit granted. with the State Railroad Commission. After some discussion of the question it was moved by Councilman Reed, seconded by Councilman Allen and carried that the permit be granted and the City Clerk was directed to notify the State Railroad Commission accordingly. The application of Dick Sharpe of 915 Oak Street, Santa Ana Apkn. of Dick Sharpe for a license to `:operate certain coin operated machines in the City, to operate certain coin presented by Attorney Adrain Marks was on motion of Councilman Allen, operated machines, re- seconded by Councilman Reed and carried, referred to the Chief of Police ferred to Chief of Pol- and Administrative Officer Sailors for investigation and report. ice. The suggestion of the Building Inspector for an amendment to Committee appointed to ordinance No. 541 was presented, the amendment submitted not meeting investigate amendment t( with the approval of the City Attorney and Council and after some disuss- Ord -. No. 541 as sugges Ion of the question it was moved by Councilman Stanley, seconded by ted by Bldg. Inspector. Councilman Allen, and carried, that a committee be appointed to go into the matter and submit recommendations, whereupon Mayor Hall appointed City Attorney Thompson, Councilmen Isbell, Stanley and Allen and Administrator Sailors as the Committee. The request of City Judge Gardiner for clerical help for the Request of Judge Cardne, court and police departments due to the increased business transacted as for clerical help re- shown by a comparative statement submitted was presented and after some ferred to Adm. Sailors. discussion of the matter, it was moved by Councilman Reed, seconded by Councilman Allen that it be referred to Administrator Sailors with power to act. The motion was carried by the following roll call vote, to wit: • AYES, COUNCILMEN: Allen, Isbell, Reed, Stanley, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of Chief of Police Hodgkinson for the confirmation Request for Earlton 0 of Earlton Sickler to serve as special officer as custodian of the Cily Sickler to serve as Camp Ground and of John M. Allen as a special officer without compensation, special officer of City was on motion of Councilman Isbell, seconded by Councilman Allen and Camp Ground, approved. carried, approved. The request of Harris L. Cottle, Jr., for reinstatement as a Request of Harris L. police officer together with the recommendation of the Chief of Police Cottle, Jr. for rein - for the salary to be set at $p200.00 per month effective March 17, 1946 statement in P.D. was on motion of Councilman Isbell, seconded by Councilman Allen approved approved. by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of Administrator Sailors for the employment of Employment in Water and Loy Smith and W. A. Summers in the Water Department at a salary of .90¢ Engineering Depts. per hour and Frank H. Purdy and Donovan Southworth in the Engineering approved. Department at $300.00 per month and $1.50 per hour respectively was on motion of Councilman Allen, seconded by Councilman Reed approved by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Engineer Webb presented and recommended the acceptance Recommendation of City of certain property in Seashore Colony Tract in return for which a certain Engineer to accept area to be vacated by the City in order to provide ingress and egress certain property in not available at present. On motion of Councilman Reed, seconded by Seashore Colony Tract, Councilman Allen and carried, the recommendation of the City Engineer approved. was approved and the City Attorney requested to prepare the necessary . proceedings for the vacation. The letter of City Engineer Webb pertaining to the request of Letter requesting re- the owner of Lot 1, Block P., Tract 519 for the retention of a pier tention of pier on Lot l fronting on said property the pier having been installed by the War Blk. P, Tract 519, Department which is terminating its lease on the property. The question granted. of the removal of dolphins in the vicinity of the pier was discussed. On motion of Councilman Isbell, seconded by Councilman Reed the retention of the pier was approved and the dolphins fronting on City property ordered removed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Hall, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The letter of the Harbor Commission regarding the improvement Letter of Harbor Comm. of 500 feet of County frontage at the Turning Basin in the vicinity of re: improvement of 500 the Arches viaduct was on motion of Councilman Isbell, seconded by feet of Co. frontage at Councilman Reed and carried, referred to the City Engineer and Harbor Master for investigation and report. Turning Basin. The request of Art LaShelle for the continued use of a patio Request of A. LaShelle In connection with the Christian Hut Cafe, together with a letter of for continued use of approval from the owners of the property was on motion of Councilman patio in connection wit Isbell, seconded by Councilman Reed and carried, retrred to the Planning Christian Hut, referred Commission. to Planning Comm. • UNFINISHED BUSINESS Ordinance No. 544 came up for final passage, being an Ordinance Ord. No. 544 up for Approving the Annexation of Certain Uninhabited Territory Contiguous To final passage, The City of Newport Beach. RM Cost of sewer connection Attorney Henderson addressed the Council concerning the for new Tract to be borne proposed installation of sewers on the Tract and the connection there - equally by City and with to the City's sewer system, it being verbally agreed that the cost property owners. of said connection be borne equally by the City and the owners of the Ord. No. annexed property. 544 Councilman Allen moved the adoption of the ordinance, which Adopted. was read in full and on being duly seconded by Councilman Stanley Commission, approved. was adopted by the following roll call vote, to wit: John F. Vogel AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Hearing in connection The Clerk advised that this was the date and time set forthe with proposed annexation hearing in connection with the proposed annexation of certain territory described in Res. 3304 to the City of Newport Beach as described in Resolution No. 3304 adopted declared closed. by the City Council on March 18, 1946. No written protests having been Res. No. 259 of Planning filed and no verbal protestes presented, it was moved by Councilman Allen Ordinance passed to seconded by Councilman Isbell and carried, that the hearing be closed, second reading. whereupon Councilman Allen moved that reading of the ordinance approving of the annexation be dispensed with, the motion was seconded by Council- Res. No. 260 of Planning man Reed and carried. On motion of Councilman Allen, seconded by Commission re: elimination Councilman Isbell and carried, the ordinance was passed to the second of Home Occupation priv- reading. Employment of full The request of Chief Crocker of the Life Guard Service for the time life guard, employment of full time guard, laid over from a previous meeting, was approved. brought up for consideration, Chief Crocker, addressing the Council on the subject, the matter of salary being gone into, and on motion of Councilman Allen, seconded by Councilman Reed the employment of the Life H.F. Kenny addressed Guard was approved at a salary of 4195.00 per month by the following Council re: extension roll call vote, to wit: of beach parking area AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall at Balboa. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Reed, and carried the resolutions were adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3313 Resolution No. 3313 was presented, being a resolution quit - Quitclaim to George H. claiming to George H. DuBarry and Margaret J. DuBarry of all the City's Du Barry, et ux. right, title and interest in and to the certain real property situated in the City of Newport Beach, described as follows, to wit: Res. No. 3313 Lot 6, Blk. 'N' #250.00 Seashore Colony On motion of Councilman Allen, seconded by Councilman Isbell, the res- olution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOEq COUNCILMEN: None ABSENT, COUNCILMEN: None n LJ r 0 0 NEW BUSINESS Res. No. 256 of Planning Resolution No. 256 of the City Planning Commission regarding Comm., approved. the request of Robert Adams for a 50% variance in set back regulations Robert Adams for Lot 6, Block A., Tract 518, was on motion of Councilman Allen, seconded by Councilman Reed, and carried, approved as recommended by the Planning Commission. Res. No. 257 of Planning Resolution No. 257 of the City Planning Commission denying Commission, approved. the application of John F. Vogel for change of zoning regulations for John F. Vogel Lots 2 and 3, Block P., Tract 518 from R -1 to C -1 classification was on motion of Councilman Allen, seconded by Councilman Reed and carried, approved. Res. No. 258 of Planning Resolution No. 258 of the City Planning Commission approving Commission, approved. of the change in lot line respecting Lots 1, 2 and 3, Block 143, Corona Lot line change, CDM del Mar, was on motion of Councilman Allen, seconded by Councilman Reed and carried, concurred in. Res. No. 259 of Planning Resolution No. 259 of the City Planning Commission approving Commission approving map the map of Tract 1116, recently annexed to the City of Ne-, ,port Beach, of Tract 1116,4pproved. and recommending concurrance thereinby the City Council was on motion of Councilman Allen, seconded by Councilman Reed and carried, approved. Res. No. 260 of Planning Resolution No. 260 of the City Planning Commission regarding Commission re: elimination the elimination of Home Occupation privileges of the Zoning Ordinance of Home Occupation priv- was presented bringing forth much discussion on the subject, the Council ileges Laid on the Table. being addressed by Hub and Doris Powers on the possible abuse of the permission now allowed. On motion of Councilman Isbell, seconded by Councilman Allen and carried, the matter was Laid on the Table for further study, Administrator Sailors being requested to investigate and report on the question. H.F. Kenny addressed H. F. Kenny addressed the Council regarding the beach parking Council re: extension area at Balboa with a request that same be extended 70 feet oceanward of beach parking area to provide additional space for the parking of cars. After going into,. at Balboa. the matter, it was moved by Councilman Stanley, seconded by Councilman Allen and carried, that the City Engineer be instrt6ted-to prepare the necessary plans and specifications for the improvement. Bill of Sale from C.E. The Bill of Sale from C. E. MacFarland for the derelict MacFarland for 'Mindanao, 'Mindanao' was presented and on motion of Councilman Isbell, seconded referred to Harbor Master. by Councilman Allen and carried, referred to the Harbor Master to investigate as to possible claims against the Vessel. Res. Nos. 3309 to 3312 Resolution Nos. 3309 to 3312 inclusive, being resolutions Incl. Water Contracts. authorizing water contracts to the following concerns: Res. No. 3309 Heinz Kaiser Heinz Kaiser Res. No. 3310 Casey Blue Casey Blue Res. No. 3311 The Irvine Co. The Irvine Co Res. No. 3312 The Irvine Co. xhe Irvine Co. On motion of Councilman Allen, seconded by Councilman Reed, and carried the resolutions were adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3313 Resolution No. 3313 was presented, being a resolution quit - Quitclaim to George H. claiming to George H. DuBarry and Margaret J. DuBarry of all the City's Du Barry, et ux. right, title and interest in and to the certain real property situated in the City of Newport Beach, described as follows, to wit: Res. No. 3313 Lot 6, Blk. 'N' #250.00 Seashore Colony On motion of Councilman Allen, seconded by Councilman Isbell, the res- olution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOEq COUNCILMEN: None ABSENT, COUNCILMEN: None n LJ r 0 0 0 7 • \J 0 377 Councilman Allen moved the adoption of a resolution, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach, the following quitclaim deeds to the Quitclaim Deeds following persons and covering the following described property: William T. Rodger, William T. Rodger and Lots 9, 11, 13 and 15 et ux Georgia G. Rodger Blk. 639, Corona del Mar L. Alistus Cox, et ux Lottie R. Layer L. Alistus Cox and Lot 1, Block IB' Gladys M. Matthes Emma S. Cox lst Add. Newport Heights Lottie R. Layer SW 600 (Inc. por. st. adj.) Lot 4, Blk. IK°, Seashore Colony Gladys M. Matthes Lot 2, Block 41 Third Addition The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Engineer Webb presented and recommended the approval of E. M. Smith sub - the map of the E. M. Smith subdivision and on motion of Councilman Allen division map approved. seconded by Councilman Reed, same was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Stanley, seconded by Councilman Allen Check of E. M. Smith and carried, the check accompanying the request of the approval of the accepted. E. M. Smith sub - division was accepted under the conditions in the letter In reference thereto. City Engineer Webb reported on the cost of removing the water City Engineer reported main in connection with the vacation of the alley in the E. M. Smith on the cost of removt„ property in Corona del Mar. water main in C.D.M. The monthly Demands having been duly audited by the Finance Committee were on motion of Councilman Reed, seconded by Councilman Isbell, Audit of monthly Deman, were allowed and Warrants ordered drawn by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The application of Robert H. Parsons for a permit to install a Apkn. of R.H. Parsons pier fronting on Lot 5, Block N., Balboa Eastside Addition, having been for permit to install approved by the City Engineer was on motion of Councilman Reed, seconded pier, approved. by Councilman Allen and carried, approved. The application of H. C. Burton for a permit to install a pier Apkn. of H.C. Burton fronting on Lot 6, Tract 907, Lido Isle, having been approved by the for permit to install City Engineer was on motion of Councilman Allen, seconded by Councilman pier, grantEd. Reed and carried, granted. The application of John Lang for a permit to install a pier Apkn. of John Land for fronting on Lot 2, Tract 907, Lido Isle, having been approved by the City permit to install pier, Engineer was on motion of Councilman Allen, seconded by Councilman Reed granted. and carried, granted. Councilman Isbell moved the adoption of resolution, being a Minute Resolution. resolution establishing the office of Park Superintendent, the motion for Establishing Park Supt. adoption was duly seconded by Councilman Allen, and the resolution passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Allen Wilfores McDonald and carried, Wilford McDonald was appointed Park Superintendent. appointed Park Supt. Councilman Stanley brought up the question of issuing building permits on property proposed to be acquired by the State of California Question issuing bldg. for park purposes. There was some discussion of the question, no action permits on property being taken. proposed to be acquired for pur ADJOURNMENT actionrtakkenposes, no On motion of Councilman Allen, seconded by Councilman Reed and carried, an adjournment was taken to 4 P.M. April 16, 19460 Councilman ATTEST Councilman tx City Clerk, City of Newport Beach