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HomeMy WebLinkAbout05/22/1950 - Regular Meeting197® May 22nd, 1950. The City.Council of the City of Newport Beach met in regular ses- sion in the council chambers of the City Hall at the hour of 7:30 P.M. The.-.roll was called, the following councilmen answering present: Finch, Drake, Blue, Greeley, Isbell. The 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 waived. Certain demands, having been approved by the Finance Committee and Demands approved signed by the Mayor and City Clerk were ordered paid on motion of Councilman Greeley, seconded by Councilman Blue and carried by the following roll -call vote, to -wit: AYES, COUNCILMEN? Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Finch, the regular order of business was waived to permit the opening of bids for Bids on Improve- the improvement of Balboa Boulevard. The following bids were received: ment of Balboa Blvd. 1.' Hardy & Harper Co. - - - - - - - - - - - $20,770.00 2. Sully - Miller Co. - - - - - - - - - - - - 200237.50 3e Cox Brothers Construction Co - - ` 19,100.00 _ _ �F John J. Swigart Co. - - 18,914.00 5. Griffith Company - - - - - - - - - - - - 20,066.50 On motion of Councilman Blue, seconded by Councilman Greeley, the bids were referred to the City Engineer for study and report. The City Engineer reported that the bid of John J. Swigart Co. was the low bid in the amount of $18,914.00, and recommended that the con- tract be awarded to the John J. Swigart Company..._ On motion of Councilman Res. No. 3797. Drake, seconded by Councilman Greeley, Resolution No. 3797 awarding the Contract Awarded contract was passed by the following roll -call vote: to Swigart Co. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 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 grading, paving and otherwise improving Lake Avenue and other streets in the City of Newport Beach, as contemplated Hearing on Assess- in Resolution of Intention No. 3726, adopted by said City Council on Aug- ment for Improving ust 29th, 1949. The Clerk also informed the City Council that the affida- of Lake Ave. etc. vits of mailing, posting and publication of the Notice of Filing Assess- ments were on file in his office, and that one written objection had been filed in his office prior to the day set for the hearing by Arthur L. Marks. Mr. J. R. Evans and Donald Gordon spoke from the floor inquiring as to the method of assessment. After a fair and impartial hearing having been granted to all persons desiring to be heard in said matter, and all appeals or objections having been heard and fully considered, and the City Council being satisfied with the correctness of the assessment and diagram, Councilman Blue moved that all appeals or objections be overruled and denied, and that the assess - Assessment and ment, diagram and proceedings be confirmed and approved and that the Super - Diagram Approved. intendent of Streets shall forthwith attach a warrant to said assessment, bearing the date of this order of the City Council, which motion was second - ed by Councilman Greeley and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake,. Greeley, Blue, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer notified the City Council that in Section 5 of Resolution of Intention No. 3726, adopted August 29th 1949, for the grading, paving and otherwise improving Lake Avenue and other streets, it was declared that as an aid to the construction of said improvements, the City of Newport City of N.B. to Beach would pay out of its General <Fund the sum of $3500.00 toward the costs pas' 1?'3500 to�aarc_ and expenses of said improvement, and that the contract for such construction, costs of Lake Ave entered into on the 8th day of December 1949, provided that the liability and Imorovement out obligation to pay such sum as per said Resolution of Intention would accrue of General FunC. and become fixed on the date of the confirmation of the assessment by the City Council of said City, and recommended that such action should now be taken by the City Council. Whereupon Councilman Blue offered the following motion: That the proper city officers, authorized to disburse public funds in the treasury of said City be, and there are hereby instructed, to draw a warrant in the sum of $3500.00 against the General Fund of the City of Newport Beach, California, C for the payment of the obligation set forth in said Resolution of Intention No. 3726, and that the payee of said sum shall be the Sully- Miller Contract- ing Company, the contractor for said agreement, which motion was duly seconded by Councilman Greeley and adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Blue, seconded by Councilman Greeley and carried, the regular order of business was resumed. COMMUNICATIONS. A letter from Edgar R. Hill, chairman of the Building Commission of St. Andrews Presbyterian Church, requesting an extension of the water main along 15th Street East of Irvine Avenue, because of the increasing need for fire protection and water supply, was read. On motion of Council- man Blue, seconded by Councilman Greeley and carried, the City Clerk was asked to reply to this letter stating facts, and the letter was ordered filed. A letter from the Department of Commerce, Civil Aeronautics Ad- ministration, requesting a renewal of their contract with the City of Newport Res, 3798. VHF Beach for VHF Fan Marker Site No. 7 was read. On motion of Councilman Drake, Fan Marker Contract seconded by Councilman Blue, Resolution No. 3798 renewing the contract was Site #7 adopted by the following roll -call vote: .Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from the Department of Commerce, Civil Aeronautics Ad- ministration, requesting a renewal of their contract with the City of Newport Beach for VHF Fan Marker Site No. 7 -A was read. On motion of Councilman Drake, seconded by Councilman Blue, Resolution No. 3798 -A renewing the contract was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Communications from the Metropolitan Water District announcing Lake Mathews as closed to hunting, fishing or any other recreational pur- poses, were read. Councilman Drake elzplained the reasons for this measure, and on motion of Councilman Drake, seconded by Councilman Blue and carried, the letters were ordered filed. APPLICATIONS. The application by Lee M. Rice for a Veteran's Exempt license to peddle vegetables, having been investigated by the City Manager, on motion of Councilman Finch, seconded by Councilman Drake and carried, was referred to the City Attorney for legal advice. The application of Arthur Stegmann for operation of the Colonial Restaurant, 1014 Coast Highway, Newport Beach, having been approved by the Health Department, was granted on motion of Councilman Drake, seconded by Councilman Greeley and carried. The application of Stanley Lefringhouse to conduct a food con- cession and the sale of beer at 501 East Bay Ave. Balboa, was approved, sub- ject to Health Department approval, on motion of Councilman Drake, seconded by Councilman Greeley and carried. The application of Beverly L. Creel to solicit orders for books was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. A petition from residents owning property located between 18th and 19th Streets, Newport Beach, requesting that . the,extension -of Bay Avenue be dedicated for all time as a public thoroughfare for vehicular traffic, as approved by former City Engineer R. F°. Patterson, without expense to the property.owners was read. On motion of Councilman Finch, seconded by Councilman Drake and carried, the petition was referred to the City Engineer for study and report. OATHS OF OFFICE.. ' The Oath of Office of Earl Schneeweis as Special Officer for the Balboa Bay Club was approved on motion of Councilman Drake, seconded by Councilman Blue and carried. The Oath of Office of Monte R. Grimes as Special Officer was approved on motion of Councilman Blue, seconded by Councilman Greeley and carried. The Oath of Office of Louis N. Briggs as a member of the Plan- ning Commission was approved on motion of Councilman Greeley, seconded by Councilman Finch and carried. Res. 3798 -A. VHF Fan Marker Contr. Site #7 -A. Renewed Lake Mathews closed to recreation. Lee M. Rice, Vet, Exempt License appl. A. Stegmann, appl. for license granted. Lefringhoa se, food concession appl Mel, book soli Petition, exten- sion Bay Ave. Schneeweis, Oath. Monte Grimes, Oath. Plan. Com. L. W. Briggs, Oath. Plan. Com. 372 PLANNING COMMISSION. The request of Marie Hiebach for a variance on Lots 14, 15, 16 and 19, Block 329, Corona del Mar, having been denied by the Planning Com- M. Hiebsch denied mission, was concurred in on motion of Councilman Drake, seconded by Coun- Variance cilman Blue and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of Alex H. Morrison for a conditional permit to install a laundryette at 129 Agate Ave., Balboa Island, having been ap- A.H.Morrison proved by the Planning Commission, taking into consideration that adequate Agate Ave. Laun- off - street parking was available and that the zoning is proper for said .% dryette, granted. location, was granted on motion of Councilman Blue, seconded by Councilman Conditional. Greeley and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None PIER PERMITS. The application of R. E. Reynolds to increase the height of a sea wall on Lot 19, Tract 907, Lido Isle, was granted on motion of Council- man Blue, seconded by Councilman Greeley and carried. NEW BUSINESS. The City Attorney presented Resolution No. 3799, approving the sale by the City of Newport Beach to the County Sanitation Districts Nos. Res. No. 3799. Sale 5 and 6, of the City of Newport Beach trunkline sewers, in the amount of of City Trunkline $205,716.00. On motion of Councilman Greeley, seconded by Councilman Sewers Finch, the resolution was adopted and the Mayor and City Clerk authorized to sign the same, by the following roll -call vote, to -wit: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented the application of George W. Gilson Res. #3804 5. A contract between the City of Newport Beach and the Irvine Co., re- Irvine Co. Water newed on motion of Councilman Drake, seconded by Councilman Finch and Cont. Renewed carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 6. A contract between the City of Newport Beach and the Irvine Co., re- RES. #3905 newed on motion of Councilman Greeley, seconded by Councilman Finch and Irvine Co. Water carried by the following roll -call vote: Cont. Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None N i to operate a bus line in the unincorporated community of Costa Mesa and Costa Mesa Bus Line the City of Newport Beach, to be known as the Costa Mesa Bus Line. On mo- tion of Councilman Greeley, seconded by Councilman Blue, the matter was referred back to the City Attorney for study and report. The City Attorney presented for renewal six water contracts as follows: Res. #3900 1. A contract between the City of Newport Beach and the Irvine Co., re- Irvine Co. Water newed,on motion of Councilman Drake, seconded by Councilman Blue and car - Cont. Renewed ried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 2. A contract between the City of Newport Beach and the Irvine Co., re- Res. #3901 newed on motion of Councilman Blue, seconded by Councilman Greeley and Irvine Co. Water carried by the following roll -call voter Cont. Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 3. A contract between the City of Newport Beach and the Deeble- Chapman Res. #3902 Co., renewed on motion of Councilman Finch, seconded by Councilman Drake Deeble- Chapman and carried by the following roll -call vote: Water Cont. Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 4. A contract between the City of Newport Beach and the General Petroleum Res. #3903 Corp., renewed on motion of Councilman Blue, seconded by Councilman Greeley Gen. Pet. Water and carried by the following roll -call vote: Cont. Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Res. #3804 5. A contract between the City of Newport Beach and the Irvine Co., re- Irvine Co. Water newed on motion of Councilman Drake, seconded by Councilman Finch and Cont. Renewed carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 6. A contract between the City of Newport Beach and the Irvine Co., re- RES. #3905 newed on motion of Councilman Greeley, seconded by Councilman Finch and Irvine Co. Water carried by the following roll -call vote: Cont. Renewed AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None N i 1 I 33 d1 3 A request from the City Attorney that the Balboa Bay Club par- tially surrender their lease for that portion of property which is used Res. #3806. Partial as a pumping plant for the sewer line was read, and on motion of Coun- Surrender, Balboa Bay cilman Drake, seconded by Councilman Blue, Resolution No. 3806 authoriz- Club Lease ing the Mayor and City Clerk to enter into and accept such a partial surrender, was adopted by the following roll -call 'vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 623, being AN ORDINANCE FOR RE- ESTABLISHMENT OF BENCH MARK, AMENDING THE MUNICIPAL CODE was introduced and oilman Greeley, seconded by G roll -call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: passed to first reading on motion of Coun- Ord, No, 62 )uncilman Blue and carried by the following 3 Passed to 1st reading Re- estab.Bencr MDr %r Finch, Drake, Blue, Greeley, Isbell None None The Mayor announced that this was the time and place for contin- uation of the informal hearing on the acquisition of China Cove. A letter Continuation of from Harvey D. Pease, President of the Newport Harbor Realty Board regard- China Cove Hearing ing the proposed strip of "matching land" for the purchase of China Cove, was read. Mr. Pease stated that it was the opinion of the committee that the property, Lots 12 -a to 17 -a inclusive, on the Ocean Front at 15th Street, Newport Beach, is fairly worth $520,000.00, and that no consideration had Question of "Matching been given to the mineral rights thereon, if any. A letter from the Plan- Land ". ning Commission urged serious study and consideration be given to the China Cove project so that it would not in any way interfere with the Master Plan, which is under consideration and development in Newport Beach. Two pro- tests, written, against the acquisition of China Cove were received, and fifteen letters in favor of the project were received. The Mayor then called for comment from the floor. After considerable discussion, Councilman Finch moved that a committee of three persons from Corona del Mar and three from Newport Beach be selected, said committee to select a seventh member. The Committee appointed purpose of this committee would be to investigate the China Cove matching land proposal and to return a recommendation on whether they thought it advisable for the City to enter into such a proposal or not. In event they found it inadvisable, they would make other recommendations that they believe would be practical for the acquisition of China Cove. This motion was seconded by Councilman Greeley and carried. The Mayor announced that this was the time and place for contin- uation of the hearing in the matter of the proposed grading, paving and otherwise improving the alleys between 11th and 19th Streets, Newport Beach. Pursuant to instructions heretofore given on the 24th day of April, 1950, the City Engineer reported upon the written and oral protests heretofore presented to the City Council, on the matter of the proposed grading, paving and installation of sewer and water connections and ap- purtenant work in certain alleys between 11th Street and 19th Street, all as particularly shown in the written report ofthe City Engineer of the City of Newport Beach, California, filed March 13th, 1950, and which said report on the protests disclosed the following: The total area of the proposed assessment district, exclusive of streets and alleys is - - - 839,990 square .feet The total area represented by written protests filed with the City Clerk up to the time set for hearing, including oral protests, is - _ _ 11,050 square feet The total, area represented by said protests is equal to 1.3% of the total area of the proposed assessment district. After some discussion, and considering the report of the Engineer with respect to the percentages represented by the protests, Councilman Greeley offered and moved the adoption of the following minute resolution, which motion was seconded by Councilman Blue and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None IN THE MATTER OF THE PROPOSED GRADING, PAVING, INSTALLATION OF SEWER AND WATER CONNECTIONS AND APPURTENANT WORK IN CERTAIN ALLEYS BETWEEN 11th STREET AND 19th STREET, SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF THE CITY OF NEWPORT BEACH, CALIF- ORNIA, FILED MARCH 14, 1950. WiEREAS, the City Council of the City of Newport Beach did, on the 13th day of March, 1950, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City, in accordance with the provisions of that certain Act of the Legislature of the State of California known as the "Special Assessment Investigation, Limitation and Majority protest Act of 1931 ", being Division IV of the Streets and Highways Code, and did on said date fix Monday, the 24th day of April, Continuation of hear- ing on improvement of alleys, 11th to 19th Sts, Newport. Minute Resolution re Alleys 374 1950 at the hour of 7 :30 P.M. as the day and hour, and the Council Cham- bers of the City Council in the City Hall d'f said City as the place of hearing on such report, and said hearing having been regularly continued to the hour of 7 :30 P.M. on the 22nd day of May, 1950, and WHEREAS, the City Clerk of said City deposited, or caused to be deposited, in the United States mail at Newport Beach, with postage prepaid, a notice of the time and place of hearing of said report, all in the time, manner and form required by said Code; NOW, THEREFORE, BE IT RESOLVED: That the City Council of She City of Newport Beach, California, hereby finds and determines as ' follows: 1. That protests in writing have not been filed by the owners (as defined in the "Improvement Act of 1911 °. Division 7, of the Streets and Highways Code of the State of of California), of a majority of the area of the lands to be assessed within the proposed assessment district, as said district is defined in said written report. 2. That the aggregate special assessment liability upon the lands proposed to be assessed for such improvement will not exceed 50% of ' the true value of said lands to be so assessed. 3. That the estimated proposed assessment to be levied for the proposed improvement against the several parcels proposed to be assessed therefore, as shown in said written report, will not exceed 50% of the true value of such parcels. AND BE IT FURTHER RESOLVED: That the said City Council hereby finds and determines that the proposed improvement is feasible and that the lands proposed to be assessed to pay the costs and expenses thereof, in the opinion of said City Council, are able to carry the burden of such proposed assessment. I HEREBY CERTIFY that the foregoing minute resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof held on the 22nd day of Nay, 1950, by the following roll -call vote, to -wit: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None —°�-;'i y U.Lerx On motion of Councilman Blue, seconded by Councilman Greeley, the City Engineer was instructed to prepare plans and specifications for the improvement of the alleys between 11th and 19th Streets, by the follow- ing roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Blue, the meeting was adjourned, sine die. ATTEST: fl