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HomeMy WebLinkAbout01/23/1950 - Regular MeetingJanuary 23rd, 1 950. The City Council of the City of Newport Beach met in regular session in the council chambers of the City Hall at the hour of 7:30 o °clock P.M. The roll was called, the following councilmen answering pre- sent: Greeley, Robertson, Isbell, Blue, Drake. ' The Mayor asked if any one of the councilman or any one 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 waived. Certain demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, were ordered paid by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Orange Coast Association trophy for a decorated Christmas tree, which was awarded to the City Hall tree by the ,fudges, was presented = to Mayor Drake by Herb Kenney, who represented the City at the meeting of the Orange Coast Association. CITY MANAGER'S REPORTS. 319 Reading of Minutes waived Demands approved Christmas Tree Trophy presented to City Authority was requested to purchase five 21 -foot incandescent light standards to be installed on Balboa Blvd. between Main and Washing- Light standards ton Streets, the sum of $523.20 having been collected from property owners for Balboa Blvd. to defray the cost. On motion of Councilman Greeley, seconded by Council- man Isbell, authorization was granted by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager requested the designation of five areas as pro- tected swimming areas, and asked that an ordinance be passed prohibiting boats in the designated sections. He estimated the cost of roping off these areas at approximately $1,000.00, stated that funds were available ' and that the areas had been approved by the Park and Recreation Committee. On motion of Councilman Isbell, seconded by Councilman Greeley and car- ried, the request was tabled for action at the February 14th meeting of the Council. [ I The request of the City Manager to attend the spring meeting of the City Managers' Department of the League of California Cities in Santa Barbara, February 17th to 19th, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried by the following roll - call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson;, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None An appropriation of $6,000.00 to begin development of the play- ground and recreation area plan, submitted by the Park and Recreation Committee, the appropriation to be divided equally between the Lake Tract site known as the "Old Swimming Pool" and the Bayside Drive site in Corona del Mar, was requested by the City Manager and granted by a motion from Councilman Isbell, seconded by Councilman Blue and car- ried by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On recommendation of the City Manager, Resolution No. 3757, granting a lease for one year to Dean Hall and Robert Hudson to operate the concession at the Corona del Mar State Beach, Lot 6, Block.36, the lessees to pay a minimum rental of $450.00 to the City, or S% of the gross receipts, whichever is the greater, was adopted by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None SPECIAL COMMITTEES. None STANDING COMMITTEES, None Robertson, Isbell, Blue, Drake Proteuted swim- ming areas City Mgr. to attend League of Cal.Cities Playground ap- priation ap- proved. Res. No.3757 Hall & Hudson CDM Beach Concession Lease 32® For improvement, by letter 23.3% For improvement, by petition_ 15.3% City owned property 8% Against improvement 7.3% On motion of Councilman Isbell, seconded by Councilman Robert- son, the City Engineer was instructed to prepare plans and specifications and present same to the Council. This was carried by the following roll - call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS: Don S. Mozley, County Tax Collector, notified the Council that an offer had been received to purchase at public auction tax - deeded Tax Sale of CDM property described as Corona del Mar, Lot 6, Block 333• On motion of property consented Councilman Isbell, seconded by Councilman Blue, consent was given.to to. Don Mozley. this sale by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A communication from the Division of Beaches & Parks, Depart- ment of Natural Resources, stating that the State of California had re- cently completed acquisition of various parcels of property situated in Res. #3758. the Corona del Mar area, was read. The State requested that these prop - CDM State Park erties be included within the lease agreement dated August 18th 1949, between the State of California and the City of Newport Beach. On mo- tion of Councilman Greeley, seconded by Councilman Robertson, Resolution No. 3758, being a resolution making the above mentioned properties a part of the existing lease agreement, was adopted by the following roll - call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Newport Dredging Company requested an extension of sixty days on their.contract for construction of city bulkhead on 31st Street Newport Dredging Co. which would advance the present completion date from January 27,1950 to 60 day extension. March 28th, 1950. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the motion was granted. The request of Keith S. Rima for the barge lease now held by McCullah Brothers, was presented, and, on motion of Councilman Greeley, RIMA -MC CULLAH BROS seconded by Councilman Robertson, the City Manager was instructed to Lease enter into negotiations with Mr. Rima and McCullah Brothers and present a report at the next meeting. The motion was carried by unanimous vote. Petitions containing a total of 345 signatures requesting that Helms Bakeries drivers be allowed to blow their whistles in soliciting Helms Bakery trade in the City of Newport Beach, were presented and, on motion of Whistle petition Councilman Greeley, seconded by Councilman Robertson and carried, the pet - ton.was ordered filed. The following communication was presented from Dr. Edward Lee Russell, Health Officer of the City of Newport Beach, County of Orange: R ussell, "As Health Officer of the City of Newport Beach and of the Co.Hea Co.Health Officer Count of Orange, I hereby recommend that y g � proceedings be instituted at re prompt action rec. prompt action once for the construction of sanitary sewers in that portion of Newport Npp Beach bounded on the East by the alley between 42nd and 43rd St., on the North by the boundary of the old Santa Ana River channel, on the West by 50th St. and on the South by the Pacific Electric Right of Way, as out- lined in plans on file in the office of the City Engineer. "This recommendation is made as a measure necessary for the protection of public health, and is also made pursuant to Section 2808 of the Streets and Highways Code of-Zthe State of California. "We have made an investigation of the sanitary conditions in this area of the city and found that residents therein have been and are experiencing difficulties with their individual sewage disposal systems. "The difficulties in this area are due to the high water table common'throughout the area and the lenses of oil that are frequently en- countered. These two factors alone will hinder the proper operation of the individual disposal systems. "Yours very truly, EDWARD LEE RUSSELL, M.D. Health Officer of the City of Newport Beach , and the County of Orange." Sewer petition City Engineer J. B. Webb reported that letters had been sent results to all property owners in the proposed district who had not signed the original petition. He reported the following results: For improvement, by letter 23.3% For improvement, by petition_ 15.3% City owned property 8% Against improvement 7.3% On motion of Councilman Isbell, seconded by Councilman Robert- son, the City Engineer was instructed to prepare plans and specifications and present same to the Council. This was carried by the following roll - call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 321 A communication from the West Newport Beach Association request- ing the City Council to replace the bridge leading to Newport Island at Request from 38th Street, to improve the parcel lying between 36th and 38th Streets W.Npt.Beach known as the Old Swimming Pool and to develop the playground on Newport Assn. for Island was presented and, on motion of Councilman Greeley, seconded by improvements Councilman Isbell and carried, was ordered filed. The City Clerk announced that this was the time and place set for set for hearing on Ordinance No. 613, being AN ORDINANCE ADDING SECTIONS 9104G and 9104H to Ord. #.3- THE MUNICIPAL CODE AND RECLASSIFYING THE LAND USE OF CERTAIN LOTS IN TRACTS 1011 and 1136 IN THE CITY OF NEWPORT BEACH FROM R -1 to C -1. A letter from Walter Longmoor, Chairman of the Planning Commission, was read requesting that this change of zoning with reference to Balboa Coves either be denied or delayed until the studies by the planning commission and Action deferred planning consultants had been completed. On motion of Councilman Robertson, seconded by Councilman Greeley and carried, the hearing was declared closed and action on the Ordinance was deferred. The application of H. F. Hawkins to move his pool room from on Ordinance No. 608, being an 2201 Balboa Blvd., Newport Beach, to the Irwin Bldg. on the Ocean Front Hawkins. ' at Newport beach was granted on motion of Councilman Isbell, seconded Pool room ISSUANCE OF A USE PERMIT FOR THE CONSTRUCTION OF BUILDINGS IN by Councilman Greeley and carried. C -1 ZONE IN EXCESS OF THE PRESCRIBED LIMITS. The application of Wilbert H. Dorn for a veteran's exempt li- cense to novelties in the the Mayor declared the hearing closed and, on motion of Councilman Isbell, peddle and cards city was referred to the seconded by Councilman Greeley, Ordinance No. 608 was adopted by the follow- City Attorney on motion of Councilman Greeley, seconded by Councilman ' AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None Robertson and carried. ABSENT COUNCILMEN: None UNFINISHED BUSINESS. The Clerk advised the City Council that this was the time and place fixed pursuant to statute and notice given for the hearing in the matter of the assessment for the reconstruction of two existing sewage pumping stations on Balboa Island, in the City of Newport Beach, as con- Balboa Island. templated in Resolution of Intention No. 3631 adopted by the said City of Sewer Pumping Newport Beach City Council on the 25th day of October; 1948. The Clerk Stations also informed the said City Council that the affidavits of the mailing, Assessment posting and publications of the Notice of Filing Assessment were on file Confirmed In his office, and that three written appeals or objections had been filed in his office prior to the day set for the hearing by: T. 0. O'Keefe Mrs. E. H. Welsh A. R. Benedick The Mayor then asked if there were any interested persons present desiring to be heard in the above mentioned matter. No one responded. After a fair and impartial hearing having been granted to all per- sons desiring to be heard in said matter, and all appeals or objections pre- sented having been heard and fully considered, and the City Council being satisfied with the correctness of the assessment and diagram, it was moved by Councilman Isbell that all appeals or objections be overruled and denied, and that the assessment and diagram be confirmed and approved, and that the Superintendent of Streets shall forthwith attach a warrant to said assessment, bearing the date of this order of the City Council, which motion was seconded by Councilman Blue and carried by the following vote: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place set for set for hearing on Ordinance No. 613, being AN ORDINANCE ADDING SECTIONS 9104G and 9104H to Ord. #.3- THE MUNICIPAL CODE AND RECLASSIFYING THE LAND USE OF CERTAIN LOTS IN TRACTS 1011 and 1136 IN THE CITY OF NEWPORT BEACH FROM R -1 to C -1. A letter from Walter Longmoor, Chairman of the Planning Commission, was read requesting that this change of zoning with reference to Balboa Coves either be denied or delayed until the studies by the planning commission and Action deferred planning consultants had been completed. On motion of Councilman Robertson, seconded by Councilman Greeley and carried, the hearing was declared closed and action on the Ordinance was deferred. The City Clerk announced that this was the time and plat @.:for hearing on Ordinance No. 608, being an ORDINANCE AMENDING SECTION 9108D OF THE MUNICIPAL CODE AND ADDING ' A NEW SECTION NO. 9113D TO THE MUNICIPAL CODE PROVIDING FOR THE Ord. #60g ISSUANCE OF A USE PERMIT FOR THE CONSTRUCTION OF BUILDINGS IN C -1 ZONE IN EXCESS OF THE PRESCRIBED LIMITS. No one responding to the Mayor's call for comment on this Ordinance, the Mayor declared the hearing closed and, on motion of Councilman Isbell, seconded by Councilman Greeley, Ordinance No. 608 was adopted by the follow- ing roll -call vote, to -wit: ' AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 322 NEW BUSINESS. The application of the Union Oil Co. of California for permis= Union Oil Otg. - sion to install a 5,000 gallon underground storage tank at the company's Tank. Marine marine unit on Balboa Island was granted on motion of Councilman Blue, Station Bal.Is. seconded by Councilman Greeley and carried. Resolution No. 407 of the City Planning Commission, being a resolution granting the application of R. E. Bernasconi for reduction from 20 to 10 Bernasconi variance feet in set back on Ocean Blvd. and a reduction from 10 to 5 feet back yard granted. adjacent to northerly boundary, Lots 7-& 9, Block 34, Re- subdivision of Corona del Mar, was presented, and on motion of Councilman Robertson, seconded by Councilman Greeley and carried, the variance was granted. Planning Commission Resolution No. 409, being a resolution granting the application of Frank D. Windle for a 50% front yard var- Windle variance iance, Lot 2, Block 433, Canal Section, was presented and, on motion of granted Councilman Blue, seconded by Councilman Greeley and carried, the variance was granted. Planning Commission Resolution No. 409, being a resolution approving the application of Howard F. Legg for a set back of 3 inches instead of 5 feet on a proposed addition to his house, Lot 34, Block 9, H.F.Legg variance Tract 673, Corona del Mar, was presented and, on motion of Councilman granted Robertson, seconded by Councilman Blue and carried, the variance was granted. The City Manager stated that 116.6 acre feet of water from the City's well had been used by Pete Karoles and requested that the Council establish a charge for this water. The City Manager suggested $5.00 per acre foot as a fair charge and, on motion of Councilman Blue, seconded tale of Well Water by Councilman Isbell, the $5.00 rate was authorized with the stipulation to P. Korales to that no further sales of water be made from this be discontinued. discontinued. - get rate. The motion was carried by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Rob- ertson, in consideration of the sum of $loo " payment by Lonnie I. Gordon and Anna: B. Gordon et al, the consent of the City was given Gordon Quiet Title to a decree quieting title of Lonnie I. Gordon and Anna B. Gordon in L.9 B1.52, Riv.Sec. and to Lot 9, Block 52, River Section of Newport Beach, by the follow- ing roll -call vote, to -wit: Equipment Bids. CONCRETE. AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place set for the opening of certain bids for the supplying equipment to the City of Newport Beach. Bids were opened from the following concerns for 300 cubic yards of ready -mixed concrete: Harold R. Welch, South Coast Materials Co., and Consolidated Rook Products. Harold R. Welch - - - $2,917.00 South Coast Matl.Co. 2,905.00 (Alternate bid $2,950.00) Consolidated Rock Prod.3,336.00 r Planning Commission Resolution No. 410, being a resolution denying the application of Howard A. Neighbor for a proposed extension H.A.Neg hbor var- on the house, Lot 16, Block 4, Section 5, Balboa Island was presented and, iance dgnied. on motion of Councilman Isbell, seconded by Councilman Robertson and car- ried, the City Council concurred with the Planning Commission in denying the application. A letter from Ray Y. Copelin, secretary of the Planning Com- mission, regarding the petitions of A. W. LaShelle for a change of zoning A.W.LaShelle. on Lot 1 Tract 1090, Newport Beach, and one signed by Homer L. Poole, iindell Rezoning petition William and Mrs. F. A. Ranney to vacate a portion of Lots 1 to 6 deferred inclusive, Block 20, First Addition to Newport Beach, stated that the planning consultants had requested the Planning Commission to recommend to the City Council that no action be taken on the above mentioned pe- titions at this time, since the planning consultants had not completed their studies and program proposed for these areas. On motion of Coun- cilman Blue, seconded by Councilman Isbell and carried, the request was approved. The City Engineer requested authorization to proceed with Channel work bet. the dredging of the channel between Collins Island and Balboa Island and, gollins & Ba1.Is. on motion of Councilman Isbell, seconded by Councilman Greeley, the work authorized. was authorized by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager stated that 116.6 acre feet of water from the City's well had been used by Pete Karoles and requested that the Council establish a charge for this water. The City Manager suggested $5.00 per acre foot as a fair charge and, on motion of Councilman Blue, seconded tale of Well Water by Councilman Isbell, the $5.00 rate was authorized with the stipulation to P. Korales to that no further sales of water be made from this be discontinued. discontinued. - get rate. The motion was carried by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Rob- ertson, in consideration of the sum of $loo " payment by Lonnie I. Gordon and Anna: B. Gordon et al, the consent of the City was given Gordon Quiet Title to a decree quieting title of Lonnie I. Gordon and Anna B. Gordon in L.9 B1.52, Riv.Sec. and to Lot 9, Block 52, River Section of Newport Beach, by the follow- ing roll -call vote, to -wit: Equipment Bids. CONCRETE. AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place set for the opening of certain bids for the supplying equipment to the City of Newport Beach. Bids were opened from the following concerns for 300 cubic yards of ready -mixed concrete: Harold R. Welch, South Coast Materials Co., and Consolidated Rook Products. Harold R. Welch - - - $2,917.00 South Coast Matl.Co. 2,905.00 (Alternate bid $2,950.00) Consolidated Rock Prod.3,336.00 r J 5 323 City Engineer J. B. Webb recommended that a contract to supply 300 cubic yards of ready mixed concrete be awarded to Welch's Ready Mixed Concrete Co. in the amount of $2,817.00. On motion of Councilman Blue, seconded by Councilman Robertson, the contract was awarded, and the Mayor and City Clerk were instructed to execute the contract by the following Concrete bid of roll -call vote, to -wit: Welch accepted AYES, COUNCILMEN: Abbertson - `Ssbella-,Blue, - -Drake. NOES, COUNCILMEN: Gpeoley ABSENT COUNCILMEN: None Gasoline storage tanks and pumps: Bids were opened from the following concerns; Keesee Tank & Pump Co. M. & S. Maintenance.Service Duncan- Hunter Co. Budwalt Engineering Co. Rex Construction Co. The Cheswin Co. Hockaday & Phillips Inc. Intercity Welding Co. On motion of Councilman Greeley, seconded by Councilman Robert - son, the bids were referred to the City Manager and City Engineer for tabulation and report. Motorized Vehicles: Bids were opened from: Sachs & Sons Mel Burns, Inc. W. W. Woods Theodore Robins Joe Nickertz Shaver Motors Culbertson Motor Co. Newport Harbor Motors F. A. McKenzie Inc. Sawyer Co. On motion of Councilman Robertson, seconded by Councilman Greeley and carried, the bids were referred to the City Manager for study and report. Air Compressor: Bids were opened from: Brown -Bevis Equipment Co. Blystone Equipment Co. Golden State Equipment Co. Leroi Rix Machinery Co. Shaw Sales & Service Co. Victor Equipment Co. On motion of Councilman Isbell, seconded by Councilman Blue and carried, the bids were referred to the City Manager for study and report. Bids were opened for a Payloader from Shaw Sales ° Service Cc and the Brown -Bevis Equipment Co. On motion of Councilman Isbell, seconded by Councilman Greeley and carried, the bids were referred to the City Manager for study and report. Gasoline: Bids were opened from the following concerns: Tidewater Associated 011 Co. Shell 011 Co. Hancock 011 Co. (Johnson) Harbor Gasoline Co. Union 011 Co. General Petroleum Co. Signal 011 Co. Standard 011 Co. On motion of Councilman Isbell, seconded by Councilman Blue and carried, the bids were referred to the City Engineer and the City Manager for study and report. Tires: Bids were opened from the following concerns: Firestone Store, Long Beach Newport Auto Works, Newport Beach Mariners' Shell Service, Newport Beach Bitoering's Automotive Service Newport Beach Dutton Tire Co., Santa Ana Herbert L. Miller, Inc. Santa Ana Robert L. Callis, Newport Beach Troutman & Scholtz, Anaheim Courtney & Lester, Newport Beach GASOLINE STORAGE TANKS & PUMPS MOTORIZED VEHICLES AIR COMPRESSOR PAYLOADER GASOLINE TIRES 224 On motion of Councilman Isbell, seconded by Councilman Blue and carried, the tire bids were referred to the City Engineer and City Manager for study and report at the next meeting of the Council. ADJOURNMENT. On motion of Councilman Isbell, seconded by Councilman Robert- son, the meeting was adjourned, sine die. Mayor of e Ulty of ewpor eac ATTEST: