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HomeMy WebLinkAbout07/28/1952 - Regular Meeting121 July 25th, 1952. • 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 members answering present: Miller, Horvath, Finch, Isbell, Smith.. The Central Newport Beach Association praised the City for im- provement of the Ocean Front beach area in its district, and complained of conditions on the Bay Front between 15th and 19th Sts., asking that the Bay Front be cleared of small boats and shore moorings. On motion of Councilman Horvath, seconded by Councilman Miller and carried, the letter was referred to the City Manager for such action as he deemed necessary. The Orange County Builders' Association urged that the Building Department of the City assist in enforcement of the State law requiring verification of compensation insurance before issuing building permits. On motion of Councilman Isbell, seconded by Councilman Horvath and car- ried, the request was referred to the City Manager to check with the Building Department. The City of Inglewood urged that the Council go on record in opposition to a proposal of the County supervisors association to provide for a 4% State sales tax, part of the proceeds to go to the cities. On motion of Councilman Isbell, seconded by Councilman Finch, Resolution No. 3953, being a resolution opposing the proposed State sales tax plan was adopted by the following roll call vote: ' AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Traffic Committee recommended that Section 3250.1 of the Municipal Code be amended to establish a one -way street on the north • speedway, Balboa Island, between Marine and Amethyst Ave., allowing traffic in the westerly direction only. On motion of Councilman Miller, seconded by Councilman Horvath, Ordihance'No. 66% being AN ORDINANCE AMENDING SECTION 3250.1 OF THE ' MUNICIPAL CODE OF THE CITY OF NEVIPORT BEACH PROVIDING FOR THE DESIGNATION OF ONE WAY STREETS was presented for first reading, and reading was waived by the fol- lowing roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None On motion of Councilman Miller, seconded by Councilman Finch, Ordinance No. 669 was passed to second reading by the following vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None- ABSENT COUNCILMEN: None 0 Cent.N.B•Assn. remarks on Beach and Bay con- ditions. Bldg. Dept. urged to enforce Comn.Ins.Law. Ingle ?,rood protest at proposed 4 %.State sales $ax. Ren. 3953 Adopted. One -way Alley,Balboa Iu. N.Bay bet. Me rine & Am- ethyst. Ord.. No. 669 Passed to Pnd reading. On motion of Councilman Finch, seconded by Councilman Horvath and carried, reading of the minutes of the previous meeting was waived, and they were approved as written. Certain demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk were ordered paid on motion of Councilman Horvath, seconded by Councilman Miller, and the following roll call vote: AYES; COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None COMMUNICATIONS. The Central Newport Beach Community Association protested zoning changes permitting a trailer park in the Banning Tract. On motion of Protest on Trailer pk. • Councilman Isbell, seconded by Councilman Horvath and carried, the pro- in Banning Tr. by test was ordered for consideration with the rezoning of the Banning Cent.N.B.Com.Assn. property. William Richards, City Manager of Arcadia, urged, in a letter, that the City of Newport Beach join with other cities of Southern Cal- ' ifornia in protesting the application of the Southern Counties Gas Co. City Mgr.Arcadia,urges for an increase in rates.. On motion of Councilman Isbell, seconded Npt.Bch.,join in protest by Councilman Horvath and carried, the letter was referred to the City of increase in gas rates Manager for investigation and report as to probable cost of the City's participation in this opposition. The Central Newport Beach Association praised the City for im- provement of the Ocean Front beach area in its district, and complained of conditions on the Bay Front between 15th and 19th Sts., asking that the Bay Front be cleared of small boats and shore moorings. On motion of Councilman Horvath, seconded by Councilman Miller and carried, the letter was referred to the City Manager for such action as he deemed necessary. The Orange County Builders' Association urged that the Building Department of the City assist in enforcement of the State law requiring verification of compensation insurance before issuing building permits. On motion of Councilman Isbell, seconded by Councilman Horvath and car- ried, the request was referred to the City Manager to check with the Building Department. The City of Inglewood urged that the Council go on record in opposition to a proposal of the County supervisors association to provide for a 4% State sales tax, part of the proceeds to go to the cities. On motion of Councilman Isbell, seconded by Councilman Finch, Resolution No. 3953, being a resolution opposing the proposed State sales tax plan was adopted by the following roll call vote: ' AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Traffic Committee recommended that Section 3250.1 of the Municipal Code be amended to establish a one -way street on the north • speedway, Balboa Island, between Marine and Amethyst Ave., allowing traffic in the westerly direction only. On motion of Councilman Miller, seconded by Councilman Horvath, Ordihance'No. 66% being AN ORDINANCE AMENDING SECTION 3250.1 OF THE ' MUNICIPAL CODE OF THE CITY OF NEVIPORT BEACH PROVIDING FOR THE DESIGNATION OF ONE WAY STREETS was presented for first reading, and reading was waived by the fol- lowing roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None On motion of Councilman Miller, seconded by Councilman Finch, Ordinance No. 669 was passed to second reading by the following vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None- ABSENT COUNCILMEN: None 0 Cent.N.B•Assn. remarks on Beach and Bay con- ditions. Bldg. Dept. urged to enforce Comn.Ins.Law. Ingle ?,rood protest at proposed 4 %.State sales $ax. Ren. 3953 Adopted. One -way Alley,Balboa Iu. N.Bay bet. Me rine & Am- ethyst. Ord.. No. 669 Passed to Pnd reading. 122 A letter of appreciation from the Newport Harbor Chamber of Commerce Cham. of Com. letter for the co- operation of the City in the Second Annual Intercollegiate Rowing re rowing regatta Regatta, was read. On motion of Councilman Miller, seconded by Councilman cooperation Isbell and carried, the letter was ordered filed. Reports from the Chief of Police and the Chief of the Fire Department regarding hazards alleged to exist in the small house in the gully near Bayside Small house in gully Drive in Corona del Mar were presented, and on motion of Councilman Finch, se- CDM to be abated. conded by Councilman Isbell and carried, abatement proceedings were ordered Instituted. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the City Attorney was instructed to proceed with an abatement action through the office of the District Attorney of Orange County. i i • 1 L T. W. Patterson, holder of a Service Concession agreement with the State of California at the Corona del Mar State Park, with an option for exten- Patterson, CDM Con - sion of the lease for an additional five years from the termination date of cession Lease. To the agreement, requested permission to exercise his option for the extension, be extended. citing certain necessary expenditures on building and equipment. On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the request was referred to the City Manager for investigation and report. Mr. 0. P. Veach protested the method of operation of the concession Veach protest on on the end of the Balboa Pier as to hours of operation and sale of live bait. Balboa Pier conces- On motion of Councilman Isbell, seconded by Councilman Finch and carried, the sion. protest was referred to the City Manager. The Health Department of Orange County reported that an investigation had been made of conditions in connection with the operation of the Ward -Har- ward- Harrington rington incinerator and found that conditions existing at the time of inspec- incinerator inves- tion did not constitute a health menace. On motion of Councilman Finch, se- tigation. conded by Councilman Isbell and carried, the report was ordered filed. The City Manager requested authority to reclassify Jack J. Jones from Senior Lifeguard, salary range 15, to Fire Captain Engineer, salary range J.J.Jones,re -clas- 16, and to reclassify Harry E. Swett from Service Man Grade II, salary range 13, sifted to Fire Capt. to Service Man Grade III, salary range 14, both classifications to become ef- H.Swett to Serv.Man IIIfective August let, 1952. On motion of Councilman Isbell, seconded by Coun- cilman Finch and carried, the reclassifications were approved. A petition from property owners living between 18th to 19th Sts., asking to have the street from their properties to the Bay dedicated as Bay Street bet. 18th & 19thAvenue and street signs erected, was read. On motion of Councilman Isbell, to be named Bay Ave. seconded by Councilman Miller and carried, the City Attorney was instructed to draft an ordinance dedicating the street and naming it "Bay Avenue." The City Clerk requested authority to conduct a session on municipal public relations at the National Conference on Government to be held in San Clerk to work on MPR Antonio, Texas, November 17 to 19. On motion of Councilman Isbell, seconded for Conference in by Councilman Finch and carried, the requested permission was granted by the San Antonio Tex. following vote: AYES, COUNCILMEN: Miller, Isbell,.,Finch, Smith NOES, COUNCILMEN: Horvath ABSENT COUNCILMEN: Done The application of Blair Smith for an exempt license to sell home - B.Smitl,appl.for grown vegetables in the City of Newport Beach wias referred to the City Attorney exmpt lic. for investigation and report, on motion of Councilman Isbell, seconded by Councilman Miller and carried. The application of Leo Waldman for an exempt license to sell Airway L.Waldman,appl.for vacuum cleaners, house to house, was referred to the City Attorney on motion exmpt lic. of Councilman Finch, seconded by Councilman Horvath and carried. The application of Mrs. Mary Lou Stahl for an exempt license to sell encyclopedias, house to house, under Interstate Commerce, was referred to the Mary Stahl,appl. City Attorney on motion of Councilman Finch, seconded by Councilman Miller and for exmpt lic. carried. The application of R. M. Burkhardt for a license to operate the Snug Harbor Cafe, 517 E. 30th St., having been approved by the Health Officer, was Burkhardt, appl. granted on motion of Councilman Miller, seconded by Councilman Isbell and Snug Harbor Cafe,gtd.. carried. The application of a. F. and Margaret Jackson for a license to operate an automatic laundry at 706 Coast Blvd., Corona del Mar, subject to the grant - Jackson, Launderette ing of a use permit by the Planning Commission, was granted on motion of Coun- Lic. Granted cilman Finch, seconded by Councilman Isbell and carried. The City Clerk advised the 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 construction of house sewer and water connections, concrete Hearing, CDM pipe storm drains, grading and paving in certain alleys and easements lying & Paving,alleys. northeasterly of Coast Blvd. between Dahlia Ave. and Poppy Ave., Corona del Mar, NE of Coast Blvd. as contemplated by Resolution of Intention No. 3911, adopted by the Council of said City on the 13th day of August, 1951. The City Clerk also informed the said City Council that affidavits of the mailing, posting and publication of the No- tice of Filing Assessment were on file in his office, and that no written appeals or objections had been filed in his office prior to the day set for the hearing. The Mayor then asked if there were any interested persons present desiring to be heard in the above mentioned matter. Mr. 0. u . Brown spoke from the floor, ask- ing an explanation of difference in the assessments of his three lots. This explanation was given him by the City Engineer. i i • 1 L 19 All interested persons, having been given full opportunity to show cause why said assessment should not be confirmed, and all objections • presented having been heard and fully considered, it was moved by Coun- cilman Finch,tecbnded by Councilman Horvath, that all objections, both written and oral be, and the same are hereby overruled and denied, and Hearing, cont. ' that the following changes and /or modifications be made in said as- CDM Alleys sessment, to -wit: That the description of Assessment No. 11 be modified to read: Southerly 30 feet of Lot 3, Block M, Tract No. 323, Miscellaneous Maps Book 14, pp. 40 and 41, and that the amount of said assessment be changed ' to 57.92, That 81 new assessment be added as No. 11 -a, the description thereof to read: Northerly 20 feet of said Lot 3, Block M, and the amount of said assessment shall be $58.61; That the description of Assessment No. 4 -56 be modified to read: Lot 17, Block 639, Corona del Mar, Miscellaneous Map Book 3, pp. 41 and 42, and the amount of said assessment be changed to $39.16; That a new assessment be added as No. 456 -a, the description thereof to read, Southwesterly 15 feet of Lot 19 of said Block 639, Corona del Mar, and the amount of said assessment shall be $19.58; That the description of Assessment No. 742 be modified to read: Lot 17, Block 741, said Corona del Mar, and the amount of said assessment be changed to 438.20; That the description of Assessment No. 743 be modified to read: Lot 21, Block 41, said Corona del Mar, and the amount of said assessment be changed to 138.20; ' That a new assessment be added as No. 742 -a, the description thereof to read, Lot 19, Block 741, said Corona del Mar, and the amount of said assessment shall be $63.20. The Superintendent of Streets be, and he is hereby instructed, to modify the assessment and diagram in the particulars herein set forth. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Clerk reported that this was the time and place fixed for the continued hearing in the matter of protests against the work or Hearing,Cont. CDR? the district, as described in Resolution of Intention No. 3966, for the Bluff Sewers etc construction of sanitary sewers, pumping station and appurtenances in ease- ments Southwesterly of Ocean Blvd., Corona del Mar. The Clerk also reported that at the on anal hearing on June 9th, 1952, under said Resolution of Intention No. 3966, certain written protests were filed by the following property owners: Verne W. Lee Janette Driggs William Holt & Pauline Holt Marlette Penney ' John Kinney Hugh Fraser & Mary Ann Fraser Charles C. Fipps and Eunice B. Fipps Leroy E. Fay Certain protests Withdrawn The Clerk also reported that he had received a document dated July 141 1952, signed by each of the above persons previously protesting against . the improvement, and Aiich protestants by said document withdraw their prom tests previously filed pursuant to their right so to do.under the provisions of Section 5221 of the 'Improvement Act of 1911.11 The Mayor then inquired if there were any property owners or other interested persons desiring to make any objections against 'the things pro =, poged`to'-!be -•ddne under sald'.Resolution of Intention No. 3966. No one re- sponded. All objections having been heard, and an opportunity having been given to any and all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council being familiar with the proposed improvement as described in said Resolution of Inten- tion No. 3966, Councilman Finch presented the following resolution and moved its adoption: WHEREAS, certain protests having been filed by Vern W. Lee and Minute Resolution others protesting against the distribution of the cost of the project be.- tween the property owners and the City of Newport Beach, and the said hearing having been continued from time to time; and ' WHEREAS, the City Council having carefully considered the document representing the withdrawal of all written protests heretofore presented to the City Council; 124 AN ORDINANCE AMENDING SECTION 4107 OF THE Ord. 662 - Restricting MUNICIPAL CODE AND ADDING SECTION 4107.1 Dogs - 2nd reading and THERETO RESTRICTING CERTAIN AREAS FROM DOGS passage. was given second reading. On motion of Councilman Isbell, seconded by Councilman Horvath, Ordinance No. 662 was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Isbell, Smith NOES, COUNCILMEN: Finch ABSENT COUNCILMEN: None Ordinance No. 665, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY Or. 668 - Zoning Change NOW, THEREFORE, BE IT RESOLVED by this City Council, that it does • 2nd reading and hereby find and determine that since the withdrawal of said written pro- passage tests, no objections now appear of record against the improvement as pro- posed in said Resolution of Intention No. 3966; and ' ABSENT COUNCILMEN: None BE IT FURTHER RESOLVED that any and all protests, both written and On motion of Councilman Isbell, seconded by Councilman Miller, Or- , oral, be and the same are .hereby, overruled and denied; which motion was dinance No. 668 was adopted by the following roll call vote: seconded by Councilman Horvath and carried by the following vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ABSENT COUNCILMEN: None • Councilman Finch then offered and moved the adoption of Resolution The application of the Home 011 Co. for a permit to install two Res. 3975 - San.Sewers Ordering Work No. 3978 in the matter of the construction of sanitary sew - 10,000 gallon underground,storage tanks for storage of gasoline, and one CDM Bluff ers, pumping station and appurtenances in easements Southwesterly of Ocean 550 gallon underground storage tank for storage of waste oil on the north Ordering Work Blvd., Corona del Mar, in the City of Newport Beach, which motion was a seconded by Councilman Horvath and adopted by the following vote: been approved for location by the Chief of the Fire Department, was granted AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith on motion of Councilman Finch, seconded by Councilman Horvath and carried. NOES, COUNCILMEN: None The application of Richfield Oil Corporation for a permit to construct ABSENT COUNCILMEN: None a new service station and install two 4,000 gallon underground storage Councilman Isbell then offered and moved the adoption of Resolution tanks at the Northwest corner of Coast Highway and Poinsettia Ave., Corona 3979, which resolution determines the general prevailing rate of wage for • Res. 3979 - Wage Rate the construction of sanitary sewers, pumping stations and appurtenances ment, was granted on motion of Councilman Finch, seconded by Councilman in easements Southwesterly of Ocean Blvd., Corona del Mar, which motion was Miller and carried. seconded by Councilman Finch and adopted by the following vote: The application of Means & Ulrich, General Contractors for the Hoag AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith Memorial Hospital, for a permit to install one 8,000 gallon underground NOES, COUNCILMEN: None fuel oil tank to serve for stand -by storage of fuel oil for the steam boilers ABSENT COUNCILMEN: None , Ordinance No. 662, being an emergency ordinance entitled: Councilman Miller and carried, the location having been approved by the AN ORDINANCE AMENDING SECTION 4107 OF THE Ord. 662 - Restricting MUNICIPAL CODE AND ADDING SECTION 4107.1 Dogs - 2nd reading and THERETO RESTRICTING CERTAIN AREAS FROM DOGS passage. was given second reading. On motion of Councilman Isbell, seconded by Councilman Horvath, Ordinance No. 662 was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Isbell, Smith NOES, COUNCILMEN: Finch ABSENT COUNCILMEN: None Ordinance No. 665, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY Or. 668 - Zoning Change was presented for second reading, and on motion of Councilman Miller, se- 2nd reading and conded by Councilman Isbell, reading was waived by the following vote: passage AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Miller, Or- , dinance No. 668 was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None • The application of the Home 011 Co. for a permit to install two 10,000 gallon underground,storage tanks for storage of gasoline, and one Home Oil Co. - apol. 550 gallon underground storage tank for storage of waste oil on the north for stg. tank - r-ranted east corner of Coast Highway and Poinsettia Ave., Corona del Mar, having been approved for location by the Chief of the Fire Department, was granted on motion of Councilman Finch, seconded by Councilman Horvath and carried. The application of Richfield Oil Corporation for a permit to construct a new service station and install two 4,000 gallon underground storage Richfield Cc - anol tanks at the Northwest corner of Coast Highway and Poinsettia Ave., Corona for stg. tanks - granted del Mar, having been approved for location by the Chief of the Fire Depart- ment, was granted on motion of Councilman Finch, seconded by Councilman Miller and carried. The application of Means & Ulrich, General Contractors for the Hoag Means & Ulrich - appl, Memorial Hospital, for a permit to install one 8,000 gallon underground stg. oil tank - Hoag fuel oil tank to serve for stand -by storage of fuel oil for the steam boilers Hosp. Granted. at the hospital, was approved on motion of Councilman Finch, seconded by Councilman Miller and carried, the location having been approved by the Chief of the Fire Department. ' n U 125 Beginning at a point in the Southwesterly prolonga- tion of the Northwesterly line of Begonia Avenue (formerly called 29th Avenue) as shown upon the Map of said Corona del Mar, distant thereon South 40 feet West 60 feet from the intersection of the Northeasterly line of said Pacific Drive and said ' Northwesterly line og Begonia Ave. as shown on said Map; thence North 40 32' East along the Southwes- terly line of said Pacific Drive to the Southwes- terly prolongation of the Northwesterly line of Be- gonia Avenue as shown on said Map; thence North 400 East along said Southwesterly prolongation of the Northwesterly line of Begonia Avenue to the point of beginning. The City Attorney stated as follows: "Mr. Shaver owns a larger parcel of property surrounding this above described portion. Reference to a map will disclose that this above described property is a portion of a former street, since vacated by the City. Mr. Shaver has, in the past, been unable to secure a clear title to this particular portion of his property in view of the fact that the original subdivider, the F. D. Cornell Co., attempted to withdraw its offer of dedication of this and other property, possibly before the same was accepted by the City. "We have secured a quiet title report from Orange County Title Co. which shows that the necessary parties to a quiet title ac- tion which has been brought by Mr. Shaver are the F. D. Cornell Co., the City of Newport Beach and the Irvine Co. The Irvine Co., for your information, has quitclaimed to Mr. Shaver its rights. "The purpose of this letter is to ask that your body execute the accompanying quit claim deed to Mr. Shaver to obviate the necessity of making the City a party to the Quiet Title action. ' "I have already been in contact with Mr. Webb, the City En- gineer, who has informed me that he has checked the matter and would recommend that the City quit claim any interest in the property. For your information, the only interest the City ever had was by virtue of the dedication, if any, which possible right the City has done away with by virtue of the vacation. • "I wish to make a full disclosure of all the facts to the Coun- cil, in view of the fact that I am representing Mr. Shaver as his attor- ney, and am also acting as City Attorney of the City of Newport Beach. If there are any questions you wish to ask, I would be glad to go into the matter more thoroughly, if such is your desire. "Very truly yours, HARRY L. BLODCETT." On motion of Councilman Finch, seconded by Councilman Isbell, Resolution 3950, being a resolution authorizing the Mayor and City Clerk Res. 3990 Shaver to execute a quitclaim deed to the above described property, was adopted Quit claim Deed. by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution 3951, being a resolution accepting a certain grant ' deed from Genevieve Judd, a single woman, wherein said party grants to Res. 51. Acceptin the City of Newport Beach all that certain real property situate in the Res- 3981. from Judd City of Newport Beach, County of Orange, State of California, described as follows: The City Engineer presented for approval the final map of proposed subdivision of Tract 1622, being a resubdivision of a portion Tr. 1622 re -sub of Tract 907 at Via Lido and Via Oporto. On motion of Councilman Is- bell, seconded by Councilman Horvath, the proposed subdivision was approved ' approved by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented a quitclaim deed from the City of Newport Beach to Dwight Shaver, a single man, covering all that real property in the City of Newport Beach, County of Orange, State Shaver, , Quit claim to. of California, described as follows, to -wit: Ap- roved. That portion of Pacific Drive (formerly called Electric Way) as shown upon the Map of Corona del Mar on a Map recorded in Book 3, pp. 41 and 42, of Miscellaneous Maps, records of Orange County, California, and vacated February 7th, 1927 by res- olution of the Board of Trustees of said City of - Newport Beach, described as follows: Beginning at a point in the Southwesterly prolonga- tion of the Northwesterly line of Begonia Avenue (formerly called 29th Avenue) as shown upon the Map of said Corona del Mar, distant thereon South 40 feet West 60 feet from the intersection of the Northeasterly line of said Pacific Drive and said ' Northwesterly line og Begonia Ave. as shown on said Map; thence North 40 32' East along the Southwes- terly line of said Pacific Drive to the Southwes- terly prolongation of the Northwesterly line of Be- gonia Avenue as shown on said Map; thence North 400 East along said Southwesterly prolongation of the Northwesterly line of Begonia Avenue to the point of beginning. The City Attorney stated as follows: "Mr. Shaver owns a larger parcel of property surrounding this above described portion. Reference to a map will disclose that this above described property is a portion of a former street, since vacated by the City. Mr. Shaver has, in the past, been unable to secure a clear title to this particular portion of his property in view of the fact that the original subdivider, the F. D. Cornell Co., attempted to withdraw its offer of dedication of this and other property, possibly before the same was accepted by the City. "We have secured a quiet title report from Orange County Title Co. which shows that the necessary parties to a quiet title ac- tion which has been brought by Mr. Shaver are the F. D. Cornell Co., the City of Newport Beach and the Irvine Co. The Irvine Co., for your information, has quitclaimed to Mr. Shaver its rights. "The purpose of this letter is to ask that your body execute the accompanying quit claim deed to Mr. Shaver to obviate the necessity of making the City a party to the Quiet Title action. ' "I have already been in contact with Mr. Webb, the City En- gineer, who has informed me that he has checked the matter and would recommend that the City quit claim any interest in the property. For your information, the only interest the City ever had was by virtue of the dedication, if any, which possible right the City has done away with by virtue of the vacation. • "I wish to make a full disclosure of all the facts to the Coun- cil, in view of the fact that I am representing Mr. Shaver as his attor- ney, and am also acting as City Attorney of the City of Newport Beach. If there are any questions you wish to ask, I would be glad to go into the matter more thoroughly, if such is your desire. "Very truly yours, HARRY L. BLODCETT." On motion of Councilman Finch, seconded by Councilman Isbell, Resolution 3950, being a resolution authorizing the Mayor and City Clerk Res. 3990 Shaver to execute a quitclaim deed to the above described property, was adopted Quit claim Deed. by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution 3951, being a resolution accepting a certain grant ' deed from Genevieve Judd, a single woman, wherein said party grants to Res. 51. Acceptin the City of Newport Beach all that certain real property situate in the Res- 3981. from Judd City of Newport Beach, County of Orange, State of California, described as follows: -L `'(J A portion of Lot 1, Block E, as shown upon • a map of Seashore Colony Tract, recorded in Miscellaneous Maps, Book 7, page 25, Records of Orange County, California, being 15 feet ' In width measured at right angles and lying adjacent to and parallel with the most north- easterly line of said Lot 1, was adopted on motion of Councilman Miller, seconded by Councilman Horvath and the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution No. 527, being a resolution grant- ing the application of Walter A. Egger, 1025 Cliff Drive, Newport Beach, for Plan.Com. P.es.527 an 15 foot front yard set back instead of the required 20 feet at that ad- Egger - granted dress, was presented, and on motion of Councilman Horvath, seconded by Coun- cilman Isbell and carried, the Council concurred in granting the variance. Planning Commission Resolution No. 528, being a resolution grant- ing the application of K. E. Whiteneck, 505 Redlands Ave., Newport Beach, Plan.Com.Res.525 for permission to construct a building on the front portion of two lots at Whitenec'r- granted that address, was presented, and on motion of Councilman Horvath, seconded • by Councilman Isbell and carried, the council concurred in granting the ap- plication. Planning Commission Resolution No. 529, being a resolution recom- mending the re- zoning of portions of the Banning property to change the pre- ' P1an.Com.529 sent zoning, was read, and on motion of Councilman Horvath, seconded by Coun- Rezone portions cilman Finch and carried, hearing on the resolution was set for August 25, Banning Ppty granted 1952, at 7:30 P.M. in the Council chambers. The Clerk announced that this was the time and place for opening certain bids for the water pipeline from the Corporation Yard to the Hoag Memorial Hospital, the bids having been received on July 21st. The following bids were opened and read: Bids for pipeline, Cement Asbestos Pi e. Hoag Hospital 1. E. C. Collins, 1810 lineal feet of 2" $2541..70 1505 " 5° 14 5 9 2, J. S. Barrett, 1510 lineal feet of 12" $5321.40 1505 " 5" 2 *6226-05 05 3. E. W. Cannell 1510 lineal fe6t of 12" $3077.00 1505 ° ° 511 231Z.70 5530 4. Jas. I. Gallacher 1510 lineal feet of 12" U3620.00 1505 5" 26 Tg 253 >75 5. S.E.Pipeline Constr. 1505 Lineal Feet of 12" $33 0.40 1505 ° " 5" 125 03 'On motion of Councilman Isbell, seconded by Councilman Finch and carried, the bids were referred to the City Engineer for checking and report. The resignation of the Little Hoover Committee was read, as was a card from Mary Wyeth urging the acceptance of its recommendations. On motion Hoover Committee of Councilman Finch, seconded by Councilman Isbell and carried, the Council Resigns. expressed its appreciation of the services of the Committee and accepted the resignation. The special committee on oil reported on the offer submitted to the City Council by the Monterey 011 Co. of $7,746.59, under the provisions of a proposed subsurface easement, recommending that the offer be rejected. A Monterey Oil Co. letter from the executive board of the Womens' Civic League also was presented, offer rejected. urging delay in action on the proposed subsurface easement. On motion of Coun- cilman Isbell, seconded by Councilman Finch, the report of the committee recom- mending rejection of the offer was accepted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Mayor declared a five minute recess at 9:30 P.M. At 9:40 P.M. the Council reconvened. Mayor Smith stated that this was the time and place to take up the , recommendations of the Little Hoover Committee. He moved that Recommendation Recs. of Hoover No. 1, that the offices of treasurer and finance officer be consolidated, be Committee discussed adopted. The motion was seconded by Mr. Horvath, and after general discussion #1. Rejected. was defeated by the following roll call vote: AYES, COUNCILMEN: Horvath, Smith NOES, COUNCILMEN: Miller, Finch, Isbell ABSENT COUNCILMEN: None i t 9 L 0 127 Councilman Horvath then moved that the next three recommenda- Horvath moves action be tions be discussed from the floor, but that action be deferred until deferred. Carried. the next meeting of the Council. The action was seconded by Council- man Smith and carried. Recommendation No. 2 was then brought up for discussion, being a recommendation that the County take over the collection of Rec. ##2 . Horvath motion and assessing for City taxes. After some discussion from the floor, Rescinded. Mayor Smith moved that the previous motion of the Council to defer action be rescinded. The motion was seconded by Councilman Miller and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Finch, Isbell, Smith NOES, COUNCILMEN: Horvath ABSENT COUNCILMEN: None Following a lengthy discussion, Councilman Finch moved that arrangements be made for the County to take over the assessing and Rec. #2. Council decides collecting of taxes in the City of Newport Beach. The motion was in favor of County collect - seconded by Councilman Miller and carried by the following roll call ing City taxes. vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Smith NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None AYES; COUNCILMEN`: Horvath Smith NOES, COUNCILMEN: Miller, 'inch, Isbell ABSENT COUNCILMEN: None Recommendation No. 4, being a recommendation that the size of the petty cash fund be reduced and that the practice of making ad- vance payments of earned salary to employees be discontinued, was then Rec. ##4 - defeated. Re taken up. On motion of Councilman Isbell, seconded by Councilman Finch, Salary adv. to employees. the recommendation failed to pass by the following vote: AYES, COUNCILMEN: None NOES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith ABSENT COUNCILMEN: None The City Attorney presented an agreement between the City of Newport Beach and Hahn, Wise and Associates, whereby Hahn, Wise and Associates are to be retained as planning consultants to the City of Newport Beach. On motion of Councilman Isbell, seconded by Councilman Horvath, the Mayor and City Clerk were authorized to execute the agree- ment by Resolution No. 3982, which was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented an offer from the 11th Naval Dis- trict in the amount of $1428.34 covering oil damage incurred by the City of Newport Beach in 1951, and on motion of Councilman Isbell, se- conded by Councilman Miller, the offer was accepted, and the Mayor and City Clerk authorized to execute the necessary vouchers by the fol- lowing roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hahn,Wise etc. consultants to Res. 3982. to remain City of N.B. 11th Naval Dist. offer of x`1428.34 - reimbursement for 1951 oil damage to City Accepted. The City Engineer reported that he had compared the bids submitted for construction of a water line between the Corporation Yard and the Hoag Memorial Hospital, and that the bid of E. C. Collins in E.C. Collins, low bid for the amount of $4,301.55 was the low bid. He recommended its accep- Hosp.- Corp.Yd. Pipeline. tance, and on motion of Councilman Miller, seconded by Councilman Is- Contract so awd. bell, the contract was awarded to E. C. Collins by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer presented plan's = and -specifications, for the pavement of an alley in Block 134, Corona del Mar. On motion of Councilman Isbell, seconded by Councilman Finch and carried the plans Plans & Specs. for paving ' and specifications were approved. On motion of Councilman Isbell, se- alley in B1.134, CDM. conded by Councilman Miller and carried, the Clerk wait instructed to Clerk to cell for bids. call for bids, to be received and opened on August 11th. 0 Recommendation No. 3, being a recommendation that the office of Public Relations Officer be eliminated, and the publication of the Rec. ##3 - defeated, in bulletin "This is Your City" be discontinued, was then discussed. On effort to discontinue bul- motion of Councilman Finch, seconded by Councilman Isbell, recommenda- letin & Pub.Rel.Officer. tion ##3 was rejected by the following vote: AYES; COUNCILMEN`: Horvath Smith NOES, COUNCILMEN: Miller, 'inch, Isbell ABSENT COUNCILMEN: None Recommendation No. 4, being a recommendation that the size of the petty cash fund be reduced and that the practice of making ad- vance payments of earned salary to employees be discontinued, was then Rec. ##4 - defeated. Re taken up. On motion of Councilman Isbell, seconded by Councilman Finch, Salary adv. to employees. the recommendation failed to pass by the following vote: AYES, COUNCILMEN: None NOES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith ABSENT COUNCILMEN: None The City Attorney presented an agreement between the City of Newport Beach and Hahn, Wise and Associates, whereby Hahn, Wise and Associates are to be retained as planning consultants to the City of Newport Beach. On motion of Councilman Isbell, seconded by Councilman Horvath, the Mayor and City Clerk were authorized to execute the agree- ment by Resolution No. 3982, which was adopted by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented an offer from the 11th Naval Dis- trict in the amount of $1428.34 covering oil damage incurred by the City of Newport Beach in 1951, and on motion of Councilman Isbell, se- conded by Councilman Miller, the offer was accepted, and the Mayor and City Clerk authorized to execute the necessary vouchers by the fol- lowing roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hahn,Wise etc. consultants to Res. 3982. to remain City of N.B. 11th Naval Dist. offer of x`1428.34 - reimbursement for 1951 oil damage to City Accepted. The City Engineer reported that he had compared the bids submitted for construction of a water line between the Corporation Yard and the Hoag Memorial Hospital, and that the bid of E. C. Collins in E.C. Collins, low bid for the amount of $4,301.55 was the low bid. He recommended its accep- Hosp.- Corp.Yd. Pipeline. tance, and on motion of Councilman Miller, seconded by Councilman Is- Contract so awd. bell, the contract was awarded to E. C. Collins by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer presented plan's = and -specifications, for the pavement of an alley in Block 134, Corona del Mar. On motion of Councilman Isbell, seconded by Councilman Finch and carried the plans Plans & Specs. for paving ' and specifications were approved. On motion of Councilman Isbell, se- alley in B1.134, CDM. conded by Councilman Miller and carried, the Clerk wait instructed to Clerk to cell for bids. call for bids, to be received and opened on August 11th. 0 The City Engineer reported that the Edison Co. was prepared to fur- nish two overhead lights at each cross walk in the Mariners' Mile, being a • Edison Co. to furnish total of eight lights, for the sum of $6.90 per light per month, and recom- lights in Mariners mended that they be installed. On motion of Councilman Isbell, seconded by Mile Councilman Finch, the City Engineer was authorized to contract with the Edison , Co. for installation of the lights by the following roll call vote: AYES, COUNCILMEN: Miller,Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager reported that three bids had been received for the , supplying of a new fire truck, as follows: American La France Co. $17,201.00 Fire Truck bids. Mack.Truck Co. 17,252.50 Amer. La France, low. Seagrave Co. 17,641.84 Awd. Contract. He recommended the acceptance of the low bid of the American La France Co. On motion of Councilman Horvath, seconded by Councilman Miller, the bid of the American La France Co. was accepted, and the Mayor and City Clerk authzg orized to execute the contract by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager stated that the Chamber of Commerce contract was • up for renewal, as advertising agent of the City. On motion of Councilman Chamber of Com. Isbell, seconded by Councilman Finch, the continuance of the budget allot - Contr. ext. 1 mo. ment of the preceding year was authorized for one month, by the following roll call vote: ' AYES, COUNCILMEN: Miller, Horvath, Isbell, Finch, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk stated that the proposed sale of Corporation Yard frontage to the State for highway purposes,, referred to the City Attorney Proposal to sell at the last meeting, was now before the Council for consideration, and on certain Coro.Yd. motion of Councilman Isbell, seconded by Councilman Miller and carried, the frontage - deferred proposal was referred to the City Manager to see if a better offer could not be secured for the property in question. The City Attorney asked if he would be permitted to make a statement at this time and, permission having been granted he summarized the relation- ship between the City Attorney's office and the 6ity of Newport Beach. Councilman Finch requested permission to leave the State, and on Finch to leave State motion of Councilman Isbell, seconded by Councilman Miller and carried, the request was granted. On motion of Councilman Horvath, seconded by Councilman Isbell and Adjournment carried, the meeting was adjourned, sine die. Mayor U. G i rk Y 0 1 Is