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HomeMy WebLinkAbout10/27/1952 - Regular Meetingm , October 27th, 1952 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 members answering Roll call present: Smith, Finch, Isbell, Bennett, and Miller. Previous minutes The reading of the minutes of the previous meeting was waived, and on motion of Councilman Isbell, seconded by Councilman Finch and carried, the minutes were approved. Receipts & dis- The monthly report of receipts- and disbursements was bursements presented and ordered filed on motion of Councilman Finch, seconded by Councilman Isbell and carried. Demands, approved Certain demands having been approved by the finance committee, on motion of Councilman Isbell,. seconded by Council- man Bennett were approved by the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: Smith ABSENT COUNCILMEN: None Regular order of On motion of Councilman Finch, seconded by Councilman Business waived Isbell, and carried, the regular order of business was waived • to consider hearings. Cont'd hearing. The City Clerk announced that this was the time and Res. of Int. 3991 place for continued hearing on Resolution of Intention No. 3991, Vacating portion being a resolution ordering the vacation of a portion of the Ocean Front street designated as the Ocean Front between Lugonia Street and Walnut Street in the City of Newport Beach, County of Orange, State of California. Mayor Miller declared the hearing open and asked if the clerk had received any written communications re- No written com- garding the proposed vacation. The Clerk reported that no com- munications munications had been received, no one spoke from the floor, and the Mayor declared the hearing closed. Resolution No. 4008 Resolution No. 4008 being a resolution ordering the ADOPTED closing up, vacation, and abandonment of a portion of the street Ocean Front between known as the Ocean Front, between Lugonia Street and Walnut Street, Lugonia & Walnut Ste was adopted on motion of Councilman Finch, seconded by Councilman Vacated. Isbell and carried by the following roll call vote, bo -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 'Nut House° hearing The Clerk announced that this was the time and place Set over to later set for the continued hearing on the proposed suspension of the part of meeting. business license of Charlemagne °s Nut House in Balboa. The Mayor asked if the licensee was represented. No one responding, the hearing was continued until later in the meeting. Return to regular On motion of Councilman Isbell, seconded by Councilman order of business Finch, and carried, the regular order of business was resumed. SPECIAL COMMITTEES ' Parking Committee The committee appointed for the consideration of ad- Report ditional parking facilities on the beach at Balboa recommended the extension of the existing parking lot on the westerly side of the Balboa Pier the addition to accommodate 440 cars at an estimated cost of J20,000, and the erection of a new and larger • sign over Balboa Boulevar& for the parking lot. On motion of Report accepted. Councilman Isbell, seconded by Councilman Finch and carried, the C. Engr. to get report of the special committee was accepted and the City plans & specs. Engineer was instructed to prepare plans and specifications for the proposed parking lot. Woman's Civic Leag. The Woman's Civic Lea e of Newport Harbor expressed u Thanks for land- its appreciation of the council s cooperation in the landscaping scaping.: of Boy S`oroint Jamboree Headquarters and on motion of Courc ilman Finch, seconded by Councilman Isbell and carried, the letter was ordered filed. Orange Co. 'Rater Dist. Orange County Water District asked that the City At- Legal counsel authorized. torney be authorized to cooperate by lending legal counsel and advice, and on motion of Councilman Isbell, seconded by Courril- man Finch and carried, the City Attorney was authorized to work with the water district toward the preservation of the Orange County Basin. L. C. Moore request Leonard C. Moore, requested an explanation for the ' expl. of signs. signs, "Caution- Children at Play" in the 500 block of San Ber- nardino Avenue. On motion of Councilman Finch, seconded by Councilman Isbell, the City Manager was instructed to investi- gate and reply to Mr. Moore. • Healy- Tibbitts Construction Company requested permission Healy - Tibbits Constr. 0 i I The application of George Getchell for a license to Getchell, Geo. Lie. operate a cafe at 701 Edgewater, Bat boa, was granted subject to Cafe, GRANTED the approval of the health officer, on motion of Councilman Finch, seconded by Councilman Isbell and carried. The application of Coy E. Watts, for a license to op- erate a package store at 301 Palm Avenue, Balboa, was granted on motion of Councilman Isbell, seconded by Councilman Finch and carried. Watts, Coy E. Lie. Package store, GRANTED The application of Edward L. Toney for a license to Toney, Ed. L. Lie. operate a Shell service station•at 318 Coast Highway, Corona del Shell sere. GRANTED Mar, was granted, subject to the approval of the Fire Department, on motion of Councilman Isbell, seconded by Councilman Finch and carried. The application of Harry Mullin of Costa Mesa for an Mullin, Harry Lie exempt license to sell and service lawn mowers in the City was lawn mowers, Referred referred to the City Attorney on motion of Councilman Finch, to C. Atty. seconded by Councilman Bennett and carried. Ex. The application of Karl Axtater for an exempt license Axtater, Karl, Lie. to sell cards and magazine subscriptions was referred to the City cards & mags. Attorney on motion of Councilman Isbell, seconded by Councilman To. C. Atty. Finch, and carried. to construct a temporary water line for the purpose of supplying Sale of water to Co. fresh water during the construction of the marine section of the authorized Orange County Outfall Sewer. On motion of Councilman Isbell, seconded by Councilman Bennett and carried, the connection was authorized and the sale of water to the company at the established rates was approved. ' Mrs. C. 0. Evans, 1006 West Ocean Front, Newport, sub- mitted a bill in the amount of $15 resulting from a sewer stop- C. 0. Evans, bill for sewer stoppage. to page in August. On motion of Councilman Finch, seconded by Council- insurance carrier. man Bennett and carried, the claim was referred to the City's insur- ance carrier. —' Robert J. Heffner, 535 Hazel Drive, Corona del Mar, Robt. J. Heffner, complained that an excavation on the west side of his lot at that request Bldg. Code address, had been left open since 194E and requested that the sectionre: retaining wall be of the building code requiring retaining wall be enforced. On motionenforced. To C. Aty Councilman Finch, by Councilman Bennett, the letter - of seconded was for answer referred to the City Attorney for a reply stating the case to be a civil matter. The City Engineer reported that the Joint Harbor Commit- Amendment to pier tee recommended that pier permit A -571, issued to Rv E. Campbell on permit A -571, Camp - August 15, 1951, be amended to include the installation of a tie- bell, approved. off dolphin easterly of the float. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the amendment was approved. P. M. Grant of Pasadena complained of a proposed recce- P. M. Grant opposed • ,ation area development on the Ocean Front at 14th and 15th streets. to playground at On motion of Councilman Isbell, seconded by Councilman Finch, and 15th St. carried, the protest was ordered filed. A resolution received from the City of Richmond opposing 4% sales tax reso- legislation to provide a 4% state wide sales tax, was presented lution, City of and on motion of Councilman Isbell, seconded by Councilman Bennett, Richmond and carried, was ordered filed. The Military Order of•the Purple Heart requested permis- Purple Heart Order sion to display an exhibit of antique and modern firearms, all for display approved. voluntary contributions received at the exhibit to be used for charity. On motion of Councilman Isbell, seconded by Councilman Bennett, and carried, permission was granted. LICENSE APPLICATIONS The application of Ernest Hachmann for a license to Hachmann, Ernest operate a restaurant at 1215 Coast Highway, having been approved Lie. restaurant by the County Health Officer, was granted on motion of Councilman GRANTED Finch, seconded by Councilman Isbell and carried. The application of L. Bowen for a license to deliver ice Bowe, L. license to - in the city was granted on motion of Councilman Finch, seconded by deliver ice, GRANTED Councilman Smith and carried. Whe application of B. R. Wolff for a license to operate Wolff, B. R. lie. the Wolff Marine Engine Service at 2301E Coast Highway, Newport marine sere, tabled Beach, was tabled pending the securing of a Use Permit by the ap- plicant. The application of A. 0. Mayfield for a license to op- Mayfield, A. 0. erate Bob's Village Market at 608 BalboaBoulevard, B�lboa, was granted on motion of Councilman Isbell, seconded by ouncilman 'Bob's Mk. GRANTED ' Finch, and carried. 0 i I The application of George Getchell for a license to Getchell, Geo. Lie. operate a cafe at 701 Edgewater, Bat boa, was granted subject to Cafe, GRANTED the approval of the health officer, on motion of Councilman Finch, seconded by Councilman Isbell and carried. The application of Coy E. Watts, for a license to op- erate a package store at 301 Palm Avenue, Balboa, was granted on motion of Councilman Isbell, seconded by Councilman Finch and carried. Watts, Coy E. Lie. Package store, GRANTED The application of Edward L. Toney for a license to Toney, Ed. L. Lie. operate a Shell service station•at 318 Coast Highway, Corona del Shell sere. GRANTED Mar, was granted, subject to the approval of the Fire Department, on motion of Councilman Isbell, seconded by Councilman Finch and carried. The application of Harry Mullin of Costa Mesa for an Mullin, Harry Lie exempt license to sell and service lawn mowers in the City was lawn mowers, Referred referred to the City Attorney on motion of Councilman Finch, to C. Atty. seconded by Councilman Bennett and carried. Ex. The application of Karl Axtater for an exempt license Axtater, Karl, Lie. to sell cards and magazine subscriptions was referred to the City cards & mags. Attorney on motion of Councilman Isbell, seconded by Councilman To. C. Atty. Finch, and carried. 162 Edwards, Wm. B. Lic. The application of Wm. B. Edwards for a license to operate Malt Shop, GRANTED a malt shop at 507 East Bay Avenue, Balboa, having been approved by the health officer, was granted on motion of Councilman Finch, seconded by Councilman Isbell and carried. 4 applications to The applications of Gaylord Pearson, Darlene Andersen, solicit mags. Ex. John Moslander, and Norman Kearby, to solicit magazine subscriptions Lic. To C. Atty. for the National Literary Association of Terre Haute, Indiana, being applications for exemption in interstate commerce,.were referred to the City Attorney on motion of Councilman Isbell, seconded by Councilman Finch and carried. NEW BUSINESS: Oath of Office The Oath of Office of James A. Mayt as a member of the James A. Mayt Police Reserve was approved on motion of Councilman Finch, seconded by Councilman Isbell and carried. Res. No. 4009 Resolution No. 4009 being a resolution accepting a grant Looschen easement deed of easement by Floyd E. Looschen and Osre M. Looschen, husband and wife, dated October 18th, 1952, and covering the following described property situated in the City of Newport Beach: A right of way or easement for the purpose of erecting, laying and constructing a pipe line or pipe lines to convey.sewage with the right of going in, over and under the premises here- inafter described, for the purpose of repairing, maintaing and replacing said pipe lines in, _ over and under that certain real property des- cribed as follows, to -wit: The Northwesterly one -half (1/2) of the alley, fourteen (14) feet in width, lying Southeasterly of and adjacent to Lots 26 and 28, Block A -35, Corona del Mar Tract, as said tract is laid out and shown upon a map recorded in Miscellaneous Maps, Book 3, Pages 41 and 42, records of Orange County, California. Res. No. 4009 was adopted on motion of Councilman Isbell, seconded by Councilman ADOPTED Finch, and carried by the following roll call vote, to -wit:. AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Petition & letter A petition bearing 95 signatures and a letter from George urging protection of Francis urging that steps be taken to protect swimming area No. 5 swimming area No. 5 at the north end of Montero Avenue opposite Bay Island, Balboa, was presented, and on motion of Councilman Isbell, seconded by Councilman Bennett and carried was referred to the Harbor Committee. Petition & letters A petition bearing 231 signatures protesting the re- re: Carnation Ramp. opening of the ramp at Carnation Avenue and Bayside Drive together with six letters protesting the reopening and one letter urging that it be retained and limited to sailboats, was presented. The following spoke from the floor in protest against the reopening: Protests from the Bill Lyons, Charles H. Laws, J. K. Ingham, and Henry C. floor Davis. Bud Desenberg urged that the ramp be retained. Ramp, traffic hazard Chief of Police Hodgkinson, in reply to Mayor Miller, stated that the ramp constituted a traffic hazard. Res. to be sent to On motion of Councilman Finch, seconded by Councilman Co. & Har. Comm. urging Isbell, a resolution being a resolution directed to the County ramp be established Board of Supervisors and Harbor Commission, urging the establishing RES. NO. 4012 of a public launching ramp on County property in the vicinity of Carnation Cove with certain limitations to be stipulated, was a- dopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ramp ordered re- On motion of Councilman Smith, seconded by Councilman moved immediately Isbell, the ramp was ordered r6hioved at the Carnation Avenue site, Immediately, by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Isbell, Bennett, and Miller. NOES, COUNCILMEN: Finch ABSENT COUNCILMEN: None Res. No. 539 of Resolution No. 539 of the Planning Commission, being a Plann. Comm. resolution denying the application of Alton B. Culver for a change Culver, Variance in front yard setback in the 3500 block on Marcus Avenue, Newport, DENIED was presented. On motion of Councilman Isbell, seconded by Council- man Finch, the council concurred with the Planning Commission in denying the Variance application. 0 1 0 1 J 0 I 1 0 0 1 C r- 6_1 0 Resolution No. 540 of the Planning Commission, being a resolution granting the application of Lewis E. Cock for a Vari- ance to permit a 30° overhang on the alley side of his garage apartment at 124 27th Street, Newport, was presented, and on motion of Councilman Finch, seconded by Councilman Smith, and carried, the council concurred in granting the Variance appli- cation. Resolution No. 541 of the Planning Commission, being a resolution denying the application of Dr. Anton Laubersheimer for a Variance permit for the designation of certain property at 705 East Bay Avenue as a building site, and the erection of a two -story single family dwelling thereon, was presented and on motion of Councilman Finch, seconded by Councilman Isbell and carried, the council concurred with the Planning Commission in denying the Variance application. 163 Res. No. 540 of Plan. Comm. L. E. Cock, Variance GRANTED Res. No. 541 of Plan. Comm. Laubersheimer Variance DENIED On motion of Councilman Isbell, seconded by Council- Regular order of man Finch and carried, the regular order of business was waived Business Waived to take up the hearing on the proposed suspension of license of Charlemagne's Nut House at 108 Main Street, Balboa. The Chief of Police and witnesses, having been sworn, testified as follows: Chief of Police Hodgkinson, to the circumstances sur- rounding the issuance of the license and to complaints received about the noise emanating from the establishment; Captain Walter Dyson, to checks of noise emanating from the establishment at measured distances and on specified dates; Officer Edward Bates, to noise; Officer John Bloom, to noise; Officer Robert Atkin- son, to noise and conditions observed while on patrol; Ed Allen, proprietor of the Balboa Inn, to disturbances and filthy songs; Mrs. Ted Hambrook, to noise and obscene songs. No representative of the licensee having appeared, the hearing was continued until November 10th on motion of Councilman Finch, seconded by Councilman Smith and carried. Mayor Miller declared a recess at 9:30 p.m. Ai 9:40 p.m., the council reconvened. The City Clerk stated that he had received certain additional petitions for the paving of the alleys south of the highway in Corona del Mar. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the City Engineer was instructed to expand the area being covered in his debt limitation investigation to include all of that area between Bayside Drive and Coast Highway and between Marguerite Avenue and Avocado Avenue. The City Engineer stated that 300 feet of 14" trans- its pipe was required to replace water line at the new library building. In order to obtain a price advantage, he recommended the purchase of a carload lot consisting of 300 feet of 14" and 600 feet of 6" pipe. On motion of Councilman Smith, sec- onded by Councilman Finch and carried, the City Clerk was instructed to call for bids to be opened on November 10th, 1952. The City Engineer reported that he had received two informal bids for the paving of approximately 7100 square feet ' at the Bushard Street Water yard, the bidders being R. J. Noble In the amount of B� per sq. ft. and M. E. Horst Company in the amount of S& per sq. ft. On motion of Councilman Smith, seconded by Councilman Isbell, the bid of R. J. Noble was accepted by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Two amendments requested by the Pacific Electric Railway in their agreement with the City for exchange of land In connection with the widening of West Balboa Boulevard, were presented for approval. On motion of Councilman Finch, seconded by Councilman Smith, Paragraph 2 of the stipulation contained in the agreements was amended to include a twelve (12) months limitation on the execution and carrying out,the terms of the agreement by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Smith, seconded by Councilman Finch, the agreement was further amended to the effect that the ' City agrees to dedicate that certain parcel lying southwest of Exhibit B, more particularly described in the agreement, for street and highway purposes. The motion was carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 'Nut House' Hearing Witnesses & testimony Hearing c ont' d to Nov. 10th. Recess, 9:30 p.m. Reconvened, 9:4o P.M.. CDM petitions for paving alleys., C. Engr. to expand area. C. Clk. to call for bids on transits pipe. R. J. Noble Co. awarded to pave Water Yard. P.E. agreement with City amended. Extension of 12 mos. P. E. agreement amend- ed. to dedicate cer- tain parcel for street & highway purposes. 164 Sid Crossley, per- The application of Sid Crossley for a permit to mit granted to con- construct a seawall along the north line of the 125' struct seawall. Channel reservation in Lot 40, Tract 1011 was granted on motion of Councilman Isbell, seconded by Councilman Finch and carried. Caward, Harold W. The application of Harold W. Caward for a permit relocate float. to relocate the float on Lot 444, Tract 907, Lido Isle, GRANTED and install tie -off pile, subject to War Department ap- proval, was granted on motion of Councilman Isbell, seconded by Councilman Finch and carried. A. Kirk & Wm. Boland The application of Andrew Kirk and William P. permit to construct Boland for a permit to construct float and extend pier, float, extend pier. Lots 4 and 5. Block 19, East Side Addition to Balboa Tract, GRANTED was granted on motion of Councilman Finch, seconded by Councilman Isbell and carried. Smith, Robt. A. The application of Robert A. Smith to construct construct pier & slip a pier and slip at 527 Via Lido Soud, Lido Isle, was GRANTED granted on motion of Councilman Finch, seconded by Council- man Isbell, and carried. C. Attny. given author- The City Attorney requested authority to employ ity to employ appraisers the firm of Goode and Goode to appraise certain city prop - Goode & Goode erty at the corporation yard now the subject of condemnation proceedings by the State of California, for an appraisal fee of $375. On motion of Councilman Finch, seconded by Also authorization to Councilman Isbell, the City Attorney was authorized to employ answer condemnation com- the appraisers and further authorized to answer the con - plaint re: corp. yd. demnation complaint filed by the State of California by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Res. No. 4010 Resolution No. 4010 being a resolution instituting Condemnation on condemnation - proceedings and finding that public interest and Capron property for necessity require the acquisition of the property owned by city dump. Ednah Race Capron and George Capron as a city disposal area, was adopted on motion of Councilman Isbell, seconded by Councilman Bennett, and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 0. Clk, & Mayor in- On motion of Councilman Isbell, seconded by Council - structed to withdraw man Bennett, the Mayor and City Clerk were instructed to. escrow re: Capron execute escrow instructions withdrawing the amount deposited property. in escrow for the purchase of the above mentioned Capron property, by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Quiet title pro- The City Attorney stated that quiet title proceed - ceedings on property ings had been instituted against certain property in the in River Sec. River Section and offer had been made to redeem it from Ref. to C. Mgr. taxea. On motion of Councilman Isbell, seconded by Council- man Finch, and carried, the proposal was referred to the City Manager for investigation and report. Res. No. 4011 Resolution No. 4011, being a resolution compro- Quite ibitle, Balboa mising a quiet title action with the County of Orange, being Bay Club property action No. 54445, covering approximately 14.6'acres known as the Balboa Bay Club, giving to the County d'Orange, Res. ADOPTED approximately 700 feet of frontage, was adopted on motion of Councilman Finch, seconded by Councilman Bennett and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: N ne ABSENT COUNCILMEN: gone C. Attny instructed On motion of Councilman Isbell, seconded by Council - draft ordinances re: man Bennett and carried, the-City Attorney was instructed to Harbor Ordinance submit drafts of certain ordinances amending the Harbor Ordinance to the Joint Harbor Committee. Adjournment On motion of Councilman Finch, seconded by Coundil- man Isbell and carried, the meeting was adjourned, sine die. mayor City lerk. 1 11- 0 1 a 0 I I 0