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HomeMy WebLinkAbout11/24/1947 - Regular Meeting42 Report of committee on Fire Zones, referred to City Attorney. Lease of property to Girl Scouts, Laid on the'Table. Lease of City property in Tract 919, State Hwy., given to Harbor Investment Co. Checks accompanying other bids for lease, returned. Apkn. of S.B. MacA °Levy for license to sell electrical appliances, Laid on the Table. Anonymous letter re Oil well ordered filed. Letter from Mrs. R.C. Davis re oil well, ordered filed. Letter of A.W. Hookway objecting to acquisition of China Cove, filed. Communication from Planning Commission for the employment of a Planning Consultant, Laid on the Table. Letter from Chief of Police re temporary shelter on the beach, no action taken. Letter from Wm J.BryanF, Jr re: mooring of commercial boats in residential area. November 24, 1947 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 Reed presiding. The roll was called, the following Councilmen answering present: Allen, Isbell, Robertson, Siler, Reed. "he Mayor asked if any of the Councilmen or anyone in the audience wished the minutes of the previous meeting, or any part thereof read; no one responded and the reading of the minutes was dispensed with. REPORTS OF SPECIAL COMMITTEES The Committee appointed to report on Fire Zones submitted a report which on motion of Councilman Allen, seconded by Councilman Robertson and carried, was referred to the City Attorney. Attorney Ashton representing the Girl Scant Organiza- tion brought the matter of the lease from the City to that organization, the question of tax exemption, fire insurance and other phases of the lease in which the City Attorney advised and on motion of Councilman Allen, seconded by Councilman Isbell and carried, the lease matter was Laid on the Table until the next meeting of the Council. The Committee appointed to investigate and report on the question of a lease on certain City onwed property in Tract 919 on the North Channel and State Highway recommended that the lease be given to the group represented by the Newport harbor Investment Company, whereupon Councilman Isbell moved that the City Attorney be directed to prepare the lease to be submitted to the City Council for study and approval. The motion was seconded by Councilman Robertson and carried. In this connection City Attorney Thompson advised the Council that the preparation of the lease entailed extraorinary work and requested additional pay for its preparation and on motion of Councilman Isbell, seconded by Councilman Siler the additional pay was granted by the following roll call vote: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSEAT, COUNCILMEN: None On motion of Councilman Robertson, seconded by Council- man Robertson, seconded by Councilman Siler and carried, the checks accompanying other bids submitted for the lease were ordered returned. REPORTS OF STANDING COMMITTEES: None COMMUNICATIONS The application of S. B. Mac A'levy for a license to sell and rent electrical appliances including Bendix washing machines was on motion of Councilman Isbell, seconded by Councilman Siler and carried, Laid on the Table for a definite address. An anonymous letter in reference to an oil well on 43rd Street was on motion of Councilman Allen, seconded by Councilman Siler and carried, ordered filed. A letter from Mrs. R. C. Davis to permit the pumping of an oil well on 43rd Street was on motion of Councilman Allen seconded by Councilman Siler and carried, ordered filed. �1=. The letter of A. W. hookway objecting to the acquisitlon of ChYa Cove was on motion of Councilman Allen, seconded by Councilman Isbell and carried, ordered filed with other protests in the matter. The communication from the Planning Commission suggesting the employment of a Planning Consultant and recommen- ding Gordon Whitnall for the purpose was read together with a letter from Brysis N. Whitnall in connection with the matter. After some discussion of the question it was moved by Councilman Allen, seconded by Councilman Isbell and carried, that the same be Laid on the Table for further consideration. A letter from Chief of Police hodgkinson in reference to the request of Mrs. Mary Cordeiro for permission to provide a temporary shelter on the beach was presented and on advice of the City Attorney no official action was taken on the matter. Mrs. Cordeiro addressed the Council. The letter of William J. Bryant Jr. regarding the mooring of commercial boats in a residential area and urging that some action be taken to remedy the situation was presented whereupon City Administator Sailors advised that the matter had been taken up with the Coast Guard authorities and the Harbor Master. City Attorney Thompson advised tae Council that the 15th Street pier was a City owned pier and suggested that the Harbor Master post same to the effect that no boats be allowed to tie up to the pier. On motion of Councilman Robertson, seconded by Uouncilman Siler and carried, the harbor Master was ordered to be instructed to comply with the order. 7 The request of Maurie Stanley for a contribution toward providing Christmas decorations for Balboa Island was presented and on motion of Councilman Robertson, seconded by Councilman Siler the amount of $100.00 was granted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robeston, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of Street Superintendent Covert for the employment of Coy B. Smith as laborer in the Street Department at the rate of 4163.00 per month effective October 20,1947 was on motion of Councilman Allen, seconded by Councilman Siler granted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of City Administrator Sailors for the employment of Pauline P. Wood to replace Beatrice Love, ' resigned, in the Water Department at the rate of 5142.00 per month, effective November 19, 1947 was on motion of Councilman Allen, seconded by Councilman Siler granted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None u The request of Park Superintendent MacDonald for the employment of Oscar L. Johnston in the Park Department at the rate of .SS¢ per hour, effective October 29, 1947 was on motion of Councilman Allen, seconded by Councilman Robertson granted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None. The letter of City Administrator Sailors with a recommendation thatzil City employees be granted a cost of living bonus of $20.00 a month, effective December, 1, 1947 and for a period of six months was presented, whereupon Councilman Allen moved the adoption of a resolution, being a resolution authorizing the granting of a cost of living bonus of $20.00 for each City employee, effective December 1, 1947 and for a period of six months. The motion was duly seconded by Councilman Isbell and the resolution adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None UNFINISHED BUSINESS The ordinance its congection with the application of Southern California Edison "ompany for Electric Franchise came up for final passage and on motion of Councilman Robertson seconded by Councilman Allen and carried the reading of the ordinance was dispensed with, whereupon 6ouncilman Robertson moved the adoption of the ordinance, being an ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY WITHIN THE CITY OF NIV PORT BEACH FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLEXI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10, 1911, ALL POLES, WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, ALLEYS, WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, ALLEYS, WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR SAID PURPOSES. The motion for adoption of the ordinance was duly seconded by Councilman Allen, the ordinance designated Ordinance No. 566 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 43 $100 appropriation for Christmas decorations for Balboa Island. Employment in Street Dept. Employment in 'Plater Dept., City Hall. Employment in Park Dept. All City employees granted $20.00 bonus for period of six months. Ord. No. 566 Granting Franchise to Southern California Edison Company. 44 Res approving Franchise Bond The bond in the amount of 01,000 submitted by Southern filed by Southern California California.Edison Company, Ltd., in accordance withthe provisions Edison Co. of Section 6 of Ordinance No. 566 was approved by the City Attorney, whereupon Councilman Isbell moved the adoption of a resolution, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A FRANCHISE BOND FILED BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. `Yhe motion for adoption of the resolution was duly seconded by Councilman Allen and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, 'Oiler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3545 This being the time set for the hearing of protests Ordering vacation of portions in connection with the vacation and abandonmentt of portions of of Ocean Front. Ocean Front in the City of Newport Beach, the �dlerk advised that no written protests had been filed against the proposed vacation, Mayor Reed then asked if any one in the audience wished to protest, no one responded and on motion of Councilman Robertson, seconded by Councilman Allen and carried, the hearing was ordered closed, whereupon Councilman Robertson moved the adoption of a resolution, being a Resolution Ordering Vacation, the motion for adoption of the resolution was duly seconded by Councilman Allen, the res- olution designated Resolution No. 3545 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Agreement with R. L. Ward An Agreement by and between the City of Newport Beach for exchange of property. and R. L. Ward and Pattie B. Ward for an exchange of certain pro erty in Block 138, River section in connection with the widening of oast Boulevard was presented and on motion of Councilman Allen, seconded by Councilman Isbell the Mayor and City Clerk were authorized to execute same on behalf of the City by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3546 Councilman Allen moved the adoption of a resolution, Grant Deed from R. L. Ward being a resolution acception a Grant Deed from R. L. Ward and Pattie B. Ward, covering certain property in Block 139 River Section. The _motion for adoption was duly seconded by 6ouncilman Isbell, the resolution designated Resolution No. 3546 and was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Gordon B. Findlay awarded In connection with a certain Agreement by and between contract for moving builiIng the City of Newport Beach andThomas A. Sanson wherein a certain in agreement with Thomas A. building, or buildings are to.be moved and relocated by the City, Sanson. due to the proposed widening of Coast Boulevard, it was moved by Councilman Allen, seconded by Councilman Robertson that Gordon B. Findlay be awarded the contract for moving the building and relocating same on a basis of cost plus ten percent. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Reduction of retirement age for City Administrator Sailors presented the matter of Police Dept, approved. reduction of retirement age for the Police Department with an estimate of the cost in connection there�rith and on motion of Councilman Isbell, seconded by Councilman Allen the same was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Communication of Planning the communication of the City Planning Commission in Commission with reference to reference to the rezoning of the northerly half of Blocks 10, rezoning of northerly half 11, and 12 from R -2 to R -3 classification advised that it did of Blocks 10,11,12 to R -3. not wish to chan-e its position on the question until such time Tract 234. as the matter could be studied further with the aid of a planning consultant. The Council was addressed by Mrs. Georgette Gordon In favor of the rezoning and it was the consensus of the Council that the rezoning requested should be approved, but suggested that some means of'enforcing architectural restribtions 'should be employed, and further that it should be laid over pending the advice of a Planning Consultant. After considerable discussion r FJ of the question it was moved by Councilman Robertson that the matter be put to a vote of the Council. The motion was seconded by Councilman Siler with the following result: AYES, COUNCILMAN: Allen NOES, COUNCILMEN: Siler, Isbell, Robertson, Reed ABSENT, COUNCILMEN: None NEW BUSINESS Resolution No. 320 of the Planning Commission granting a 50% front yard setbmk for Lot 1, Block M., Seashore Colony Tract on the application of K. G. Graham was on motion of Council- man Allen, seconded by Uouncilman Robertson and carried, approved. Resolution No. 321 of the Planning Commission granting a 50% side yard setback for Lot 24, Block 15, Section B on the application of W. C. Lambert was on motion of Councilman Allen, seconded by Councilman Isbell and carried, approved. Councilman Robertson 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 a deed of Right of Way to the County of Orange covering The North fifty (50) feet of the Northwest one - quarter MID of Section 5, T. 6 S., R. 10 West., S,.B. B. & M., said strip of land to extend from the Weet line of sajd Section 5 Easterly to the Westerly line of the flight of Way of the Channel for the Santa Ana-River. The motion for adoption of the resolution was duly seconded by Councilman Isbell, the tion No. 3545 and was passed by the AYES, COUNCILMEN: Allen, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMENv: None resolution designated Resolu- following roll call vote, Isbell, Robertson, Siler, Bids advertised for the extension of Ocean Boulevard, Corogna Del Mar were submitted by Cox Brothers Construction Co. of X41,420.32 and Oully- Miller Construction Co., of 01,129.50. The bid of Sully- Miller Construction Company being the lowest bid submitted it was moved by Councilman Isbell, seconded by Souncilman Robertson that the award be made to that company. The motion was carried by the followtg roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Robertson, seconded by Councilman Isbell and carried, the check accompanying the unsuccessful bidder was ordered returned. Councilman Robertson moved the adoption of a resolution, being a resolution authorizing the Mayor and City Ulerk to execute a contract on behalf of the City of Newport Beach and Sully - Miller Construction Company for the extension of Ocean Boulevard, Corona Del Mar. The motion was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3547 and was passed by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None In the matter of the continued hearing on the investi- gation report heretofore filed by the City Engineer for the ad- quisition of certain property in China Cove having been here- tofore continued to the 24th day of November, 1947, the City Attorney reports that the hearing on the temporary restraining order in the buperior Court of Orange County, California, has been continued to the 5th day of December, 1947. Therefore, it was moved by Councilman Allen that the nearing on the investigation report be further continued to the hour of 4 o'clock P1 M. on the 5th day of December, 1947, which motion was seconded by Councilman Isbell and carried by unanimous vote of all Councilmen present. Said motion specified Resolution No. 3549_R Councilman Allen moved the adoption of a resolution, being a resolution authorizing the Mayor and City Ulerk to execute on behalf of the City of Newport Beach, the following quitclaim deed to the following person and covering the following described property: Bruce C. Countryman Lots 20 and 22, Block 743 Corona Del Mar The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 45 Res. No. 320 of Planning Commission, approved. Res. No. 321 of Planning Commission, approved. Res. No. 3545 Deed of Right of Way to County of Orange. Bids for extension of Ocean Blvd., CDM, awarded to °bully- Miller Construction Co. Check of unsuccessful bidder, returned. Res. No. 354 Contract to Miller for extension of Ocean Blvd. OD14 Bearing on acquisition of China Cove continued until December 5, 1947- Res. No. 3549 -R Quitclaim Deed Plans and specifications for replacing certain wooden pipe line, approved. Advertise for bids for the purchase of water pipe. City Engineer to proceed with work for replacing wooden pipe line. Certain house encroaching on City property, no action taken Apkn. of D. McKenna for permit to construct bulkhead, granted Apkn. of M.J. Franklin for permit to construct seawall granted. City Engineer Webb presented plans and specifications for the replacing of a certain wooden pipe line with another type, or types of pipe and on motion of Councilman Isbell, seconded by Councilman Robertson and carried, the plans and specifications were approved. On motion of Councilman Isbell, seconded by Councilman Robertson and carried, the City Clerk was directed to advertise for bids for the furnishing of 7,250 lineal feet of 24 inch water pipe. On motion of Councilman Isbell, seconded by Councilman Robertson the City Engineer was authorized to proceed with the work of replacing a drain pipe at Lake and 37th Street with a wooden wall and cement by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None A[iSEN'T, COUNCILMEN: None City Engineer Webb brought up the matter of a house encroaching upon City property said house being located on Lot 10, Tract 742, Balboa Island, No action was taken. The application of Dorothy McKenna for a permit to construct a bulkhead between 8th and 9th Streets and Bay Avenue was on motion of Councilman Isbell, seconded by Oouncilman Robertson and carried, granted. The application of M. J. Franklin for a permit to construct a seawall fronting on Lot all, Tract 907 was on motion of Councilman Siler, seconded by Councilman Isbell and carried, Granted. City Engineer reported on City Engineer Webb reported on the amount of improvements improvements made in the Water made in the Water Department, due to the increased collections. Dept. Attorney Lon A.. Brooks addressed the Council on behalf Attorney Lon A Brooks of a client owning six lots in River Section between 42nd and 43rd addressed Council re: oil Streets with a request that his client be permitted to produce well drilling. oil from alleged existing oil wells on his property. City Attorney Thompson advised that due to the Zoning Ordinance of the City, production of oil was prohibited. ADJOURNMENT On motion of Councilman Siler, seconded by Councilman Allen, an adjournment was taken 6ine Die. Mayor of the ity of ewport BeacF ouncilman ouncilman Councilman Councilman ATT ST: r i y Ulerk 1