HomeMy WebLinkAbout08/08/1949 - Regular Meeting23 72
August 8, 19+9
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 7:30 o'clock P.M. ,
The roll was called the following Councilmen answering present:
Greeley, Robertson, Blue, Isbell and Drake
The Mayor then 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.
The Monthly Report of Receipts and Disbursements was ordered '
filed by the Mayor.
Demands approved On motion of Councilman Blue,seconded by Councilman Robertson, the
anc_ ordered nail. Demands, having been approved by the Finance Committee, and signed by the
Mayor and City Clerk, were approved and ordered filed by the following vote,
to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and. Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
REPORTS OF STANDING CONG,ITTEES - None
REPORTS OF SPECIAL COI'MITTEES - None
REPORTS OF CITY ivIANAGER
Mr. Gustlin refused ex- The City Nanager reported that inasmuch as Mr. Gustlin derivies
empt license for swimming revenue from his activities as swimming instructor, conducted chiefly on
instruction. public property, that an exempt license might tend to establish an undesirable
precedent. The report of the City Manager was accepted and ordered filed on
motion of Councilman Isbell, seconded by Councilman Blue and carried.
Orange Co. Harbor Com.
A copy of the Minutes
of the Board
of Supervisors of Orange
authorized to prepare
County, California, stating that
the Orange County
Harbor Commission was
moorings for Coast Guard
authorized and directed to prepare
plans for
mooring facilities for the Coast
cutter near Balboa Yacht
Guard Cutter on County property
adjoining the
Balboa Yacht Club. On motion
Club.
of Councilman Isbell, seconded
by Councilman
Blue and carried the communica-
tion was ordered filed.
Letter expressing appre-
ciation of Girl Scout Bd..
of Directors for Balboa
Blvd. improvement and
hoping for continuation of
improvement, filed.
C01111UNICATIONS
A letter from I°irs. Edward T. Chapman, corresponding Secretary of
the Girl Scouts of Newport Harbor, expressing the appreciation of the Girl
Scout Board of Dierctors for the street improvement of the first two blocks
of Balboa Boulevard, and hoping for continuation of this street development,
was ordered filed on motion of Councilman Robertson seconded by Councilman
Greeley and carried.
.eater from C.D.M.Civic A letter from the Corona Del Mar Civic Association, signed by W. A.
"s so. re inclusion of CDM Burton, President, expressing the gratitude of the Association for the preser-
aeaches in County Raster vation of Corona Del Mar's beaches through their inclusion in the recently I
Flan ordered filed. approved County Piaster Plan, was ordered filed on motion of Councilman Robert-
son, seconded by Councilman Greeley and carried.
-et,er from Bal.Isl.Imp. A letter from Mr. Alfred E. Gibson, Secretary of the Balboa Island
Asso. expressing thanks for Improvement Association, expressing the appreciation of the Association for
manner in which beaches the manner in which the Island beaches have been maintained was read and
have been maintained filed. ordered filed on motion of Councilman Blue seconded by Councilman Greeley and
carried.
Petition from property A petition from sixty -eight property owners on the Peninsula between
of =mers on Peninsula between 8th Street and 19th Street requesting that an assessment district be formed to
8th St. and 19th St. to im- pay the cost of improving all alleys between the above streets was presented.
prove alleys on assessment On motion of Councilman Isbell, seconded by Councilman Blue, the petition was
district basis referred to referred to the City Engineer by the following vote, to -gait:
City Engineer
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
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The application of Mr. R. L. Callis, 227 20th Street, for a R. L. Callis aopl'n for
license for wholesale distribution of Petroleum products and for a permit *holesale distribution
to install a 2,000 gallon tank,approved by the Fire Chief, the application petroleum products and
and license was granted bn motion of Councilman Robertson, seconded- by per;nit to install 2,000
Councilman Greeley and carried. gal. tank .-ranted.
A communication from the Shoreline Planning Association of Mr: Allen Stell anc 11r.
California, requesting the City to furnish the name of at least one person .. Burton suggested. to
who had been actively identified with the promotion of beach acquisition, Shoreline Plan.Asso. as
development and maintenance in order that the Association might award them recipients for special
with certificates, was read.. Mayor Drake suggested Mr. Allen Stell and award.
Mr. Wallace Burton as likely recipients for this award., and on motion of
Councilman Robertson, seconded by Councilman Isbell, and carried, the
ayor's suggestion was approved.
The Clerk announced that this being the time and place for the. A. B. McCollum bid for
opening of bids on the sale of certain City owned property, the bid of City ".dater Dept. Yarr'.s
Mr. A. B. McCollum, presented by Bay and Beach Realty Inc., in the sum opened.
of $27,149.00 for the following "described property was read:
The entire parcel consisting of Lots 8, 9 and 10; Subdivision of
Block 227, Section A as recorded on MMB, PG 36, showing 271.49
feet on Central Avenue.
The bid was accompanied by a check for $2,714.90, the offer.expiring as of
August 29, 1949
A bid from Norman Hagen, submitted by the Harbor Investment Co., Norman Ha-en's bid for
in the sum of X434,600.00 for lots 14 to 30, inclusive, Block 530, Lancaster lots 14 to 30 inclusive,
Addition, including all buildings and improvements located thereon, ,was Block 530 Lancas.ABd.
opened and read. The bid was accompanied by a. check in the sum of ?;3,460 opened.
and was to expire, if not accepted, by August 23, 1949.
Mr. Ring of the Harbor Investment Co. stated that the bid of
X34,600 amounted to the total of the minimum price for the above lots
as specified in the form sent out July 27th by Mr. Gant.
The two bids submitter by I,Ir. Ralph Maskey's office at the pre- All bids,including two
vious meeting were brought from the table and all four bids for the sale bit's from last meeting,
of City owned property were deferred for further study and investigation were deferred for stud.y..
by the Council on motion of Councilman Blue, seconded by Councilman Greeley
and carried.
The
bid of the Pacific union Metal Company
for twelve ornamental
Pacific tinion Metal Co.
street light
standards and appurtenances in the total
sum of 0,563.5 .
bie for 12 ornamental
was opened and
read. On motion of Councilman Isbell,
seconded by Council-
street lights referred
man Robertson
and carried, the bid of the .:Pacific Union
Metal Company
to City Engineer
was referred
to the City Engineer.
The application of the Pacific Telephone and Telegraph Company
for permission to construct an armored submarine cable across Newport
Bay bets= ,Teen Balboa and Corona Del Mar, from "N" Street to the City
easement below Carnation, having been approved by the Harbor Committee,
was granted on motion of Councilman Greeley, seconded by Councilman Robert-
son and carried.
The application of W. M. Buchanan to construct a pier and boat
slip on lot 852, Tract 907, having been approved by the Harbor Committee
was granted on motion of Councilman Greeley, seconded by Councilman
Robertson and carried.
The application of Grace L. Stafford to construct a pier and
float on Lot 9, Block 539, Canal Section, having been approved by the
Harbor Committee, was granted on motion of Councilman Greeley,.seconded
by Councilman Robertson and carried.
Pacific Tele.& Tele.Co.
granted_ permission to
lay cable from Balboa to
Corona Del Mar
W. M. Buchanan's pier
application Lot 852
Tract 907 granted.
C. L. Stafford's appl'n
for pier and. float Lot
5 blocs 539 Canal Sec.
granted..
The application of the Newport Dredging Company to construct Newport Dredg.Co. a-pl'n
a concrete bulkhead on the Rhine, Lots 11, 12, 14, 15, 16 and 17, Tract construct bulkhead on
913, which had been approved by the Harbor Committee, was granted on Rhine Lots 11 throu_h 17
motion of Councilman Greeley, seconded by Councilman Robertson and carried. Tract X13, granted.
The application of C. E. Osborn for permission to dredge approx- 0. E. Osborn aDpl'n to
imately 5,000 cubic yards and deposit the fill against the existing sea c.re�_ -e 5,000 cubic "?,1s.
wall, at a. portion of Block D, Corona Del lar, approved by the Harbor and C osit fill an-ainst
Committee, was granted subject to liar Department approval on motion of - his existing seai.rall
Councilman Greeley, seconded by Councilman Robertson and carried. trcnteL.
The ^.pplication of the Orange County Harbor Commission to construct A:iol'n Orange County
a pier and landing floats with anchor piles and dredge area behind floats for H -sbor Com. piers nnc
the Balboa Yacht Club, having been approved by the Harbor Committee, was floats a_)proved.
granted subject to Isar Department approval on motion of Councilman Greeley,
seconded by Councilman Robertson and carried.
'374
oolln H.A.Kenoyer to con- The application of H. A. Kenoyer to construct a pier and slip
truct pier on Lot 903, on lot 903, Tract 907, having been approved by the Harbor Committee, was
Erect 907, granted. granted subject to War Department approval on motion of Councilman Greeley,
seconded by Councilman Robertson and carried.
-)pl'n Nelson Holmwo od The application of Nelson Holm ?rood to construct a pier and float
Lo construct pier on Lot on Lot 48, Tract 907, having been approved by the Harbor Committee, was
;;',Tract 907, granted. granted on motion of Councilman Robertson, seconded by Councilman Blue
and carried.
Hearing on protests on
The Clerk announced
that this was the time
and
place fixed for
Resolution of Intention
the hearing of protests or objections
against the work or
the district,
00— 3706, Improvement
as described in Resolution of
Intention No. 3706, in
the
matter of grading,
of Balboa Alleys
paving, installation of water
and sewer connections,
and
appurtenant ?,ork
in portions of "M° Street and
certain alleys in East
Side
Addition to
BE IT FURTHER RESOLVED, that each and all of the said. protests or
Balboa Tract and Tracts Nos.
518, 948 and 1090.
Said motion was duly seconded by 6ouncilman Blue and carried by
r
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
The City Clerk also reported that affidavits, in support.of the
publication of the Resolution of Intention, the mailing of printed notices
of the adoption of said Resolution, and of the hosting of the notice of
Improvement, as required by law, had been made and are on file in the
office of the City Clerk.
The Mayor then announced that, pursuant to the provisions of Section
2885 of the Streets and Highways Code, the first order of the hearing would be
reading of a portion of the Investigation Report filed March 28, 1949,
The Mayor then inquired of the Clerk if any written protests or
objections against the work or the district had been filed with him in said
matter. The Clerk reported that several written protests had been filed with
him prior to the time set for the hearing by Mr. Lanterman and Mrs. P. S.
Han:iigan and 156 printed post, cards protesting.
The Mayor -then announced that this was the time and place set for
the hearing of protests or objections against the work or the district,
each as set forth in the Resolution of Intention hereinbefore mentioned, and
asked if anyone present desired to be heard in said. matter.
All protests were referred to the Engineer for checking and report
as to the percentage of the area represented thereby,
rotest 32 ".51p of total The Engineer reported that the protests represented approximately
,rea and. denied 32.51% of the total area of the assessment district.
All protestants having been heard and an opportunity having- been
given to all persons desiring to be heard, and a full, fair and impartial
i
hearing having been granted, and the City. Council havng before them a
diagram of the assessment district, and being familiar with the assessment
district and also having considered all protests filed, and. havinr- consid.ered.
the matter as to the are of property represented by said protestants, Coun-
cilman Isbell presented the following resolution and moved its adoption:
WHEREAS, CERTAIN PROTESTS having veen filed by Loyd Lanterman
and otheres protesting against the doing of the work and the improvemnt
described in Resolution of Intention No. 3706 or against the assessment
district; and
'TMEREAS.,. the City Council has carefully considered all protests or
ojections and havin_". considered the area of the district represented by said.
protests:
NOtd, THEREFORE, BE IT RESOLVED by this City Council that it does
hereby find and determine that the said protests or objections have been
made by the owners of less than one -half of the area of the property to be
assessed for said work and improvement, as set forth in said Resolution of
Intention No. 3706; and
BE IT FURTHER RESOLVED, that each and all of the said. protests or
objections be, and the sare are, hereby overruled and denied.
Said motion was duly seconded by 6ouncilman Blue and carried by
the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
`resolution Ordering Work Councilman Robertson then offered and moved the adoption of Reso-
No. 3711, Improvement M lution Ordering Work No. 3711, in the matter of grading, paving, installa-
Street and Balboa Penin- tion of water and sewer connections, and appurtenant work in portions of
sula alleys, adopted. "M° Street and certain alleys in East Side Addition to Balboa Tract and
Tracts Nos. 518, 948 and 1090 in the City of Newport Beach, which motion was
seconded by Councilman Greeley and carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Councilman Robertson then offered and moved the adoption of Resolu-
tion No. 3712, which resolution determines the general prevailing rate of
wage for grading, paving, installation of water and sewer connections, and
appurtenant work in portions of "M" Street and certain alleys in East Side
Addition to Balboa Tract and Tracts Nos. 518, 948 and 1090 in the City of
Newport Beach, California, which motion was seconded by Councilman Greeley
and upon roll call was adopted by the following vote, to-wit!
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion. of Councilman Robertson, seconded by Councilman Greeley, and
carried, the City Clerk was authorized to advertise for bids for the work
on the Balboa Alleys, to be opened on the 29th day of August, 1949.
Resolution No. 3713, being an agreement for the maintenance of
State Highway in the City of Newport Beach for the fiscal year 1949 -1950,
the State to reimburse the City by approximately 4700,00, was accepted and
adopted on motion of Councilman Isbell, and the Mayor and City Clerk author-
ized to execute the agreement. The motion was seconded by Councilman Blue
and carried by the following 'vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
� d5
RESOLUTION NO, 3712
da,.e scale for Balboa
Alley improvements.
City Clerk cu.thorizec_ to
ac_vertise for bid s on
Balboa Alleys to ':e
o-penec:- Au -. 29, 1949
RESOLUTION NO. 3713,
agreement for maintenance
State High *.••ray in Newport.
The a)plication of the City of Newport Beach to the State Board of Applon of City to State
Public Health for a permit to operate a water system was approved on motion 9c..0f Public Health
of Councilman Isbell, and the I'`Iayor an6 City Clerk authorized to execute the for grater system permit
agreement. The motion was seconded by Councilman Blue and carried by the approved.
following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Engineer presented plans and specifications for the re- Plans ane- specifications
surfacing of certain streets in Corona Del Piar. The plans and specifications for resurfacing of
were approved on motion of Councilman Blue, seconded by Councilman Robertson certain streets in C.D.I
and carried by the following vote, to -wit: approved.
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES , COUNCILMEN: Nore
ABSENT COUNCILMEN: None
On motion of Councilman Isbell, seconded by Councilman Blue, the. Uniform wage scale on
Uniform Wage Scale was adopted for the above plans and specifications and the C.D.M.streets approved.
City Clerk authorized to advertise for bids,to be opened August 22nd, by the and'. cler'.c authorized to
following vote, to -wit: advertise for bic,.s.
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Enginner presented plans and specifications for the install- Plans & specification
ation of approximately 900 feet on concrete pipe at the City Yards and Disposal installation 900 `t.
Area. On motion of Councilman Blue, seconded by Councilman Greeley, the plans pipe at City Dump
and specifications were approved by the following vote, to -wit: a)-?roved.
AYES, COUNCILIuIEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Manager, representing the Equipment Comittee, recommended
a. plan from the Nev:)ort Harbor Motors for the automatic replacement of certain
City equipment, which included the purchase of a 1949 Model C -45 Chrysler Royal
On motion of Councilman Robertson, seconded by Councilman Greeley,
Uniform '.Jame Scale fog
the Uniform Wage Scale was adopted for the above plans and specifications, and
pipe installation
the City Clerk authorized to callfor bids on August 22nd, by the following
adopted. a1'nd_ Cler::
vote, to -wit:
to Pecvertise for bies.
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The Newport Beach Public Library budget for the fiscal year 1949 -1950
Library buds °et for
was approved on motion of Councilman Isbell, without any increase in the size
1949 -1950 fiscal year
of the Branch Library. In other words the Branch Library will remain the same
adopted.
size as last year. The motion was seconded by Councilman Greeley and carried
by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Manager, representing the Equipment Comittee, recommended
a. plan from the Nev:)ort Harbor Motors for the automatic replacement of certain
City equipment, which included the purchase of a 1949 Model C -45 Chrysler Royal
976
Purchasing plan with New -
4 -door sedan at a net price of $p2,210.69 and the purchase of a 1949 Model
port Harbor Motors for
P -15 Plymouth Special Deluxe 4 -door sedan at a net price of x2,039.35.
Chrysler & Plymouth,
The plan to include replacement of these cars with new cars of the same
servicing & Maintenance
model and body type after they have been driven for 30,000 miles or.for
and replacement of same
seven months from date of delivery at a price of $650.00 in the case of
approved.
the Chrysler and 49'325.00 in the case of the Plymouth, provided the Newport
Harbor Motors does all the servicing and maintenance of these cars includ-
ing parts and repairs,nexcept gas and tire, at a monthly cost of $50.00
for the C hrysler and 435.00 for the Plymouth.
On motion of Councilman Greeley, the recommendation of the City
Manager was accepted, and the City Manager instructed to purchase.the
necessary equipment. The motion was seconded by Councilman Isbell and
carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: Nore
ABSENT COUNCILMEN: None
Resolution of intention On motion of Councilman Greeley, seconded by Councilman Robertson,
to amend zoning ordinance a Resolution of Intention to amend the zoning ordinance to raiee the height
height limitation adopted limitation on buildings was adopted, and the resolution referred to the
and referred to P1an.Com. Planning Commission for study by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
ORDINANCE 606, f.esigna- Ordinance No. 606 being an
ting portion of Balboa
Blvd. as one -way street, ORDINANCE,.DESIGNATING BALBOA BOULEVARD AS A ONE -WAY TRAFFIC
being emergency ordinance, THOROUG-HOARE FROM MaFADDEN PLACE TO ALVARADO STREET.
was adopted.
was adopted as an emergency Ordinance on motion of Councilman Blue seconded
by Councilman Robertson and carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
KX50XX'!'X9XXXXXX, Life- A:minut@._re.so ;ntion" being a resolution authorizing the execution
ward agreement between of an agreement between the City of Newport Beach and the County of Orange
deity and County adopted. covering life guard service within the City was adopted on motion of
Councilman Robertson, seconded by Councilman Greeley and carried.by the
following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
RESOLUTION No. 3715, being Resolution No. 3715, being a resolution authorizing the execution
agreement with Irvine Co. by the Mayor and City Clerk of an agreement with the Irvine Company to
o furnish water to Bay- furnish water to certain Irvine property including Bayshores, Swales and
shores, Swales, Hubbards, Hubbards, was adopted on motion of Councilman Robertson, seconded by Council -
adopted. man Greeley and carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
RESOLUTION NO, 3716, Resolution No. 3716, being a resolution accepting a Grant of
accepting grant of ease- Easement from Stancil George Jones and Sadie C. Jones to the following
ment from S.G.Jones and described property:
Sadie C. Jones ,
of Lot 5 and 13,Block A parcel of land being the southeasterly three feet of Lot 5 and 13,
A432, C.D.M. aflopted. Block A -32, Corona Del Mar, as said tract is laid out and shown
upon a map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps,
Records of Orange County, California.
was adopted on motion of Councilman Robertson, seconded by Councilman
Greeley and carried.
RESOLUTION NO. 3717 Resolution No. 3717, being a resolution accepting a Grant of
accepting Grant of Ease- Easement from Verna A. Tripp for public utility purposes was adopted on
ment from V. A. Tripp motion of Councilmen Greeley, seconded by Councilman Blue and carried by
adopted. the following vote to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
RESOLUTION NO. 3718 Resolution No. 3715, being a resolution consenting to the con -
consenting to construc- struction of a building on City owned property leased to the American Legion
tion building on City Post x#291, Inc. was adopted on motion of Councilman Isbell, seconded by
property leased by Am. Councilman Greeley and carried by the following vote, to -wit:
Legion, adopted.
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
277
Mr. Wesley Smith spoke from the floor requesting information of 'Mr. `:'esley Smith s_ooke
the status of the lease on property by the "M" Street pier. Mr. Dennison from the floor re,_
replied that it was still in process of preparation. stc_ti.is of lease of oro-
- L' near Ni St. .pier.
Mr. Roth, pastor of the Lutheran Church, spoke from the floor re- Hr. Roth spoke from floor
questing information as to whether or not it would be necessary for the re continuation of con -
Church to apply to the Planning Commission again for permission to continue struction of Church.
the construction of their Church. Mr. Dennison replied that he was investi-
gation as to whether or not the variance permitted the Church in October
19+6 was still in.order.
Mr. Lupton Wilkinson spoke from the floor asking whether it was Kr.Jilkinson spoke from
necessary for the entire Council to vote on a proposed proclamation by floor re proclamations
the Mayor. Mr. Dennison replied that this was one of the honorary functions by the iiayor.
of the Mayor.
ADJOURNMENT
' On motion of Councilman Isbell, seconded by Councilman Blue and
carried, the meeting was adjourned Sine Die.
ATTEST:
Clerk of the City of Newport Beach.
C