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HomeMy WebLinkAbout10/09/1950 - Regular MeetingOctober 9th, 1950. 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 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 au- dience wished the minutes of the previous meeting or any part thereof, read. Councilman Drake requested a change in the minutes of September 25th regarding the petition of the Ocean Front Beach Protective Asso- ciation for a survey to determine the cost of constructing an inland waterway. He stated that it was the intent of his motion that the City Engineer submit to the Council the estimated cost, "not only with out- side engineering assistance, but what it would cost his department ". On order of Mayor Isbell, the minutes were ordered changed, and fur - ther reading was waived. The City Clerk administered the Oath of Allegiance to the Council, the City Manager, the City Engineer and the Deputy City Clerk, and in turn was sworn in by Mayor Isbell. The monthly report of receipts and disbursements was presented and was ordered filed by the Mayor. The regular monthly demands, having been approved by the Fi- nance Committee:;: and signed by the Mayor and City Clerk, were pre- sented for approval. Councilman Drake stated that unless the demand for $720.00 payment for professional services of an architect for the proposed addition to the Public Library was excluded, he would vote against approval of the demands. Mr. Drake was assured by the City Manager that this demand had not been included, and on motion of Councilman Greeley, seconded by Zouncilman Blue, the de- mands were ordered paid by the following roll call vote: AXES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. A letter from Diehl '�c Company offering to audit the accounts and records of the City of Newport Beach for the fiscal year ending June 30th, 1951, for the amount of $1000.00, and to make an audit report on the operations of the Newport Bay Company for the amount of $375.00, was read. On motion of Councilman Drake seconded by Councilman Finch, the offer was accepted, and Diehl L Company were employed by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Newport Bay Company, operating the Balboa Bay Club, re- quested approval of certain percentage payments to the City in lieu of the flat 5% provided in the basic lease. The proposals were as follows: "The Newport Bay Company to pay the City of Newport Beach 2% of the gross sales of all off -sale liquor. "The Newport Bay has a sub -lease with Piper - Johnson for a .clothing store. The rental received is 10,% of the first thousand, each month, 7E% of the second $1000.00 and 1% of the balance, each month. "It is requested that the Newport Bay Company pay the City of Newport Beach 2 % of the first $1000.00 received, 2� of the second $1000.00, and l-b of the balance each month. "The Newport Bay Company has a sub -lease with Service Afloat, which calls for a flat rental of $1,350.00 a year. It is requested that the Newport Bay Company pay the City of Newport Beach the sum of $337.50 of this rental in lieu:-of 5% of the gross business." Councilman Finch suggested that the amended lease be set up on the same basis as the existing lease, from September let 1949 to Se tember 1 1951, subject to renewal if there are no objections. City anager Sailors advised the Council that the percentage payments should be considered as covering the period September 1, 1949 to August 31, 1951, On motion of Councilman Finch, seconded by Coun- cilman Greeley, the proposed percentage payments were referred to the City Attorney for draft of an agreement amending the lease to include the payments as specified, by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 4®9 Requested correction of Sept. 25th minutes by C. Drake. Oath of Allegiance. Demands approved Diehl '�c Co. to audit 1950 -51 accounts. Inc. t. Bay Co. Newport Bay Co. Suggested % payments. Amended Lease. City Atty. to draft lease. � t ill NEW BUSINESS. Resolution No. 3830, being a resolution approving a first supple- mental memorandum of agreement for expenditure of gas tax allocation money Res. 3830. for major city streets, having reference to Bay Avenue between Balboa Blvd. Bay Ave. Imp. and the Bay, was adopted on motion of Councilman Greeley, seconded by by Gas Tax Funds. Councilman Blue and the following.roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMENI: None The Oath of Office of Douglas H. Buell as a police officer of the City of Newport Beach was approved on motion of Councilman Finch, seconded by Councilman Drake and carried. The City Engineer presented plans and specifications for 1900 lineal feet of 12" corrugated metal pipe to be used in the drainage of Balboa Blvd. Metal pipe for On motion of Councilman Drake, seconded by Councilman Greeley, specifications Balboa Blvd. To were approved, and the City Clerk was instructed to call for bids, by the call for bids. following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of "Chesley E. Osborne for a permit to construct a pier and float on a portion of Lot "D" in Corona del Mar, having been Osborne, Pier & approved by the Harbor Commission, was granted on motion of Councilman Float. Greeley, seconded by Councilman Blue and carried. The City Manager reported that he had investigated the complaint Nickerson, complaint of Mr. and Mrs. Hugh R. Nickerson of Corona del Mar regarding certain ell- on Eucalyptus trees. calyptus trees, and had found that there was no City ordinance applicable. The City Manager reported that T. Weston Jay, executive officer of the Disaster Council, had resigned, and recommended the appointment of Carl Hanna to the office. Mayor Isbell made the appointment, which was confirmed on motion of Councilman Finch, secohded by Councilman Greeley and carried. A letter from the City Employees' Association, pointing out that certain requests had been made on May 8th, 1950, and asking a decision thereon, was read. Mayor Isbell and other members of the Council stated Letter from City that problems had been created by the proposed elimination of the personal Emp. assn. Requests property tax on the November 7th ballot, and the-Korean situation. The deferred for further Mayor stated that plans were being considered to adjust the wage scale in study by Council. accordance with the increased cost of living. Councilman Finch moved that the request be given further study and consideration. The motion was se- conded by Councilman Greeley and carried. A petition containing two additional signatures protesting the annexation of the one foot so- called "West Side Strip ", was read. On Petition re W.Side motion of Councilman Drake, seconded by Councilman Blue and carried, Strip the petition was ordered filed. The license application of Charles 0. Drake to operate a sea food cafe. at 1125 Coast Highway, having been approved by the County Health Of- ficer, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. UNFINISHED BUSINESS. Ordinance No. 631, being AN ORDINANCE AMENDING SECTION 3252 OF THE MUNICIPAL Ord. 631. Stop,Thru, CODE AND ADDING SECTIONS 3250.1, 3252.1, 3252.2 AND 1-way Sts. 32.68.1 THERETO, PROVIDING FOR THE DESIGNATION OF Angle Pkg. ONE -WAY STREETS, THROUGH STREETS, STOP STREETS AND ANGLE PARKING was presented for second reading. On motion of Councilman Finch, seconded 2nd reading by Councilman Greeley and carried, the reading of the ordinance was waived. On motion of Councilman Finch, seconded by Councilman Greeley, Or- Adopted. dinance No. 031 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS. Resolution No. 3830, being a resolution approving a first supple- mental memorandum of agreement for expenditure of gas tax allocation money Res. 3830. for major city streets, having reference to Bay Avenue between Balboa Blvd. Bay Ave. Imp. and the Bay, was adopted on motion of Councilman Greeley, seconded by by Gas Tax Funds. Councilman Blue and the following.roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMENI: None The Oath of Office of Douglas H. Buell as a police officer of the City of Newport Beach was approved on motion of Councilman Finch, seconded by Councilman Drake and carried. The City Engineer presented plans and specifications for 1900 lineal feet of 12" corrugated metal pipe to be used in the drainage of Balboa Blvd. Metal pipe for On motion of Councilman Drake, seconded by Councilman Greeley, specifications Balboa Blvd. To were approved, and the City Clerk was instructed to call for bids, by the call for bids. following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of "Chesley E. Osborne for a permit to construct a pier and float on a portion of Lot "D" in Corona del Mar, having been Osborne, Pier & approved by the Harbor Commission, was granted on motion of Councilman Float. Greeley, seconded by Councilman Blue and carried. The City Manager reported that he had investigated the complaint Nickerson, complaint of Mr. and Mrs. Hugh R. Nickerson of Corona del Mar regarding certain ell- on Eucalyptus trees. calyptus trees, and had found that there was no City ordinance applicable. The City Manager reported that T. Weston Jay, executive officer of the Disaster Council, had resigned, and recommended the appointment of Carl Hanna to the office. Mayor Isbell made the appointment, which was confirmed on motion of Councilman Finch, secohded by Councilman Greeley and carried. HEARING ON PROPOSED ZONING ORDINANCE. Mayor Isbell announced that the continued hearing on the proposed zoning ordinance of the City of Newport Beach was open. The following communications were read by the City Clerk: A petition bearing 103 signatures urging a C -3 zone to replace the proposed 0-1 zone in Corona del Mar. A letter from J. H. Miller protesting the re- zoning of Lots 72 - 75 in Balboa Coves, from C -1 to R -3. A letter from g. L. Crutcher, regarding parking requirements for retail business. A petition bearing 12 signatures asking that Block 19, East Side Addition to Balboa, be zoned R -3. A petition bearing 17 signatures asking that Ocean Front Lots 14 to 23, Block 11, East Newport, be zoned R -1. Also miscellaneous individual communications. Councilman Drake moved that the above petitions and commu- nioations be placed on file with preceding material to be reviewed at a joint meeting of the City Council with the Planning Commission. The motion was seconded by Councilman Greeley and carried. H. E. Wilson, 320 Iris Ave., Corona del Mar, urged that Block 131 be made R -3 instead of R -2. R, H. Baldwin, 205 Diamond Ave., Bal- boa Island, urged that the Council adopt the Planning Commission's recommendation of R -2 for Block 131. Allen Stelle cited the assessed valuation of properties involved and spoke in favor of maintaining the R -1 zone. Mr. Lev also urged R -1. Mr. Baldwin, Verne Watson, Mr. E. H. Spicer and Mr. Wilson spoke in favor of R -2. Mrs. Hillard of Little Balboa Island presented a map showing the multiple family residences now existing there. She stated that only four vacant lots remain. Mr. Marsac of Corona del Mar urged the Council to consider the Eroposed C-3 zoning of the Coast Highway district, Corona del Mar. Mr. ongmoor, Chairman of the Planning Commission, pointed out that the C -1 requirements of the proposed zoning ordinance had been ' greatly liberalized. He further stated that there is no C -3 zone in the proposed ordinance. Mr. Kelly of Balboa Island asked if there had been any change in the results of the poll of Little Island residents and was informed by Mr. Sailors that there was no change. Mr. Kelly stated that the automobile traffic on Little Island was not representative of the residents because of the number of transients fishermen and people who had lost their way. Mr. Riley of Balboa fsland urged that Little Island be retained in the R -2 zone. Roy L. Dahlgren of Balboa Coves protested the change from C -1 to R -3 of six lots fronting on the Coast Highway in that tract. Mr. Lavignino, also of Balboa Coves, presented a petition protest- ing the change, pointing out that there never was any intention to use these lots for multiple unit purposes. Mr. Longmoor, referring.to Mr. Crutcher's letter regarding off- street parking, pointed out that the new ordinance does not make any requirement for off - street parking in the instance referred to. After some discussion, Councilman Drake suggested that the hearing be continued until November 27th, and so moved. The motion was seconded by Councilman Finch and carried. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the meeting was adjourned, sine die. . . / I- �J ATTEST: mayor '11�� xe �Z'3ty Clerk Petitions on Zoning Re Zoning - Discussions from the floor. 6DM zoning Little Bal.1sl.- CDM Coast Hwy Little Balboa Isl. Balboa Coves Hearing to be contd. Nov. 27.