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HomeMy WebLinkAbout05/25/1953 - Regular Meeting94 May 25th, 1953 . The regular meeting of the City Council of the City of Newport Beach met in the council chambers at 7:30 p.m. The roll was called, the following members being present: Smiths Stoll Call ' Finch, Bennett and Miller. Reverend Tom Pendell delivered the invocation. Invocation On motion of Councilman Finch, seconded by Councilman ennett and carried, the minutes of the previous meeting were Minutes approved waived and they were declared approved as written. Certain monthly demands, having been approved by the Demands approved & Finance Committee, were approved and ordered paid on motion ordered paid of Councilman Finch, seconded by Councilman Bennett and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell Regular order of REGULAR ORDER OF BUSINESS WAIVED business waived On motion of Councilman Smith, seconded by Council- man Bennett and carried, the regular order of business was waived to permit the opening of bids. • The City Clerk notified the City Council that this Opening of bids for was the time and place fixed for the opening of bids, pursuant improvement of alley to Notice Inviting Bids for the grading, paving, construction on Lots 41 -59, Tr.IA 4 of sanitary sewers in alley fronting upon Lots 41 to 59 inclu- sive, Tract No. 444, as contemplated by Resolution of Intention No. 4065, and also reported that he had received three bids, which bids were publicly opened, read, examined and declared as follows: The Stanfield Company . . . . . . $ 4,757.00 Sully - Miller Contr. Co. . . . . . 5,425.E R. J. Noble Co. . . . . . . . . . 6,426.15 Reference is hereby made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of work to be done. On motion duly made and carried, all bids were re- Bids referred to City £erred to the City Engineer for checking and reper t. Engr. for checking. The City Clerk announced that this.was the time and Opening of bids on place for the opening of bids for weed abatement. The follow- weed abatement. ing bids were opened and read: Chas. Warren & Son . . . . . . . . $ 10,129.00 M. E. Horst Co. 1 . . . . . . . . 49915.75 On motion of Councilman Finch, seconded by Councilman Bids referred to City Smith and carried, the bids were referred to the City Engineer %gr. for checking. for checking. ' RETURN TO REGULAR ORDER OF BUSINESS Return to regular or- On motion of Councilman Smith, seconded by Council- der of business. man Finch and carried, Council resumed regular order of business. Councilman Isbell arrived and took his seat at 7:40 p.m. C. Isbell entered • COMMUNICATIONS.° The City Manager recommended that the addition of Action deferred on gutter and down spouts to the new fire station, as proposed previous.recommenda- at the previous meeting, be deferred to a later date. On tion for gutter & do7­ ' motion of Councilman Finch, seconded by Councilman Bennett spouts for fire stati, and carried, the deferrment was approved. The Newport Beach Civil Service Board recommended Civil Service Board the reinstatement of Lowell D. Pollom on the elgibility list recommendation for with this proviso that he serve a year before being elibible re- instatement of for promotional examinations. On motion of Councilman Smith, Pollom,, Le Do seconded by Councilman Finch and carried, the recommendation was taken under consideration. Taken under consider - 1 ation. The State Division of Beaches and Parks reported that a matching plan could be arranged in the proposed St. Div..of Beaches & acquisition of Lots 9- lG- 11 -12, Tract 1257, but pointed out Parks confirms plan f, that the required appraisal of the property would have to be acquire °Inspiration deferred until after July lst because of lack of funds in Point' for park. Lack the department for appraisals. On motion of Councilman Finch, of funds for state ap seconded by Councilman Bennett and carried, the communication praisal. was ordered filed. 242 Public Utilities Como Notice was received from the Public Utilities Commission notice of Pac. Elec. that a hearing would be held on the application of the Pacific Com. hearing to sell & Electric Railway Company for authority to sell and lease passenger lease passenger facili - facilities, on June 8th, in Los Angeles. On motion of Councilman ties. Finch, seconded by Councilman Bennett and carried, the letter was ordered filed. LICENSE APPLICATIONSa The application of the Union Lunch Company for a license Union Lunch Co. lic. to operate a catering service from a mobile truck was denied on appin. Denied. motion of Councilman Finch, seconded by Councilman Bennett and carried. Vazanko, J. J. & The applications of Joe J. Vazanko and Edgar H. Schwartz Schwartz, Edgar H to for exempt licenses to sell vacuum cleaners, being in interstate sell vacuums referred commerce, were referred to the City Attorney on motion of Council - to Co Atty. man Finch,, seconded by Councilman Isbell and carried. Hall, Nellie B. & The application of Nellie B. Hall and Mrs. Hattie E. Hattie E. Utley for Utley for licenses to operate a hotel and massage salon at 6400 hotel & massage salon. Coast Highway were referred to the Police Department for report To. P.D. for checking. on motion of Councilman Smith, seconded by Councilman Finch and carried. Sullivan, James C. & The application of James C. Sullivan & Louis Wallaw for a Wallaw, Louis to oper- license to operate the Port Hole Cafe at 1135 Coast Highway was ate Port Hole Cafe. granted on motion of Councilman Smith, seconded by Councilman Finch Granted and carried. Thayer Enterprises to The application of Thayer Enterprises Inc., for a license operate restaurant & to operate the restaurant and cocktail bar at 108 Main Street, Balboa, bar, 108 Main, Balboa, was granted subject to approval by the Police Department on motion granted subj. to P.D. of Councilman Smith, seconded by Councilman Isbell and carried. approval. The application of Hazel D. Dumont for a license to Dumont, Hazel D. to operate the food concession at Seasport Landing at 817 Coast Hiway, operate concession at was granted on motion of Councilman Smith, seconded by Councilman Seasport Ldg. Granted Bennett and carried. Brown &Santiago to The application of T. W. Brown and Ysidro Santiago for a operate Red Snapper, license to operate the Red Snapper Cafe, 632 Coast Highway, was Granted granted on motion of Councilman Finch, seconded by Councilman Smith and carried. Passmore, Phyllis P. The application of Phyllis P. Passmore to operate a coffee coffee shop, 31st St. shop at 634 East 31st Street, was granted on motion of Councilman Granted. Smith, seconded by Councilman Finch and carried. Womens Civic League & The joint application of the Women's Civic League, the CDM Civic Assoc. & Corona del Mar Civic Associati6n, and the Corona del Mar Business CDM Bus. Assoc. to op- Association for a license to operate an information center and sell erate information cantersouvenirs during the Boy Scout Jamboree at 1401 Coast Boulevard, Granted. Corona del Mar was granted on motion of Councilman Smith, seconded by Councilman 'inch and carried. UNFINISHED BUSINESS: Hutton, Robt. D. to The City "anager reported that the operation of a telescope operate telescope at on the beach near the Newport Pier for which a licemse was asked by Npt. pier, Denied. Robert D. Hutton, at the previous meeting, would be in violation of the Zoning Ordinance and recommended that it be disapproved. On motion of Councilman Smith, seconded by Councilman Finch and carried, the license was denied. Hallburg, R. E. 'tree' Curb cutting permit Lot. 2C2 granted & permission tofor the remove tree. that it present Smith a; The application of Mrs. R. E. Hallburg for a curb break at Block 133, Corona del Mar, was granted and permission given removal of the tree at that address subject to the stipulation be replaced with a 12' Monterey Pine to be planted 3" from the tree, on motion of Councilman Bennett, seconded by Councilman id carried. P. A. Palmer Zoning The City Clerk announced that this was the time and place amend. appin. Denied. set for a hearing on the application of P. A. Palmer to amend the zoning law to rezone Lot 977 and 101 of 978, Tract 907, Lido Isle, from R -1 to R -3. The Mayor declared the hearing open. Dr. T. P. Reeder and Howard Lewis spoke from the floor in opposition to the proposed zoning change. The Mayor declared the hearing closed and on motion of Councilman Isbell, seconded by Councilman Finch, the amendment to the zoning law was denied on the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None °Seaquist Annex' can- The City Clerk announced that in accordance with the Govern - vass of election re- ment Code, the results of the election held in the "Seaquist Annexation" turns deferred until on May 13th were now before the Council for canvass. The City Attorney court order removed. advised the Council that in accordance with the court order, no action could be taken on this annexation until after June 26th. On motion of Councilman Isbell, seconded by.Councilman Bennett and carried, the Council deferred action until the removal of the court order. 0 1 1 0 1 1 0 943 NEW BUS INESS: - The application of the Rex Construction Company for Rex Const° Co. permit a permit to remove a 6,000 gallon gasoline tank and replace it to remove 6000 gal. tk • with a 10,000 gallon tank at the Union Oil Marine Station, 504 &,replace with 109000 South Bay Front, Balboa Island, having been approved by the Fire Department, was granted on motion of Councilman Finch, sec- onded gal. S. by Councilman Smith and carried. The Newport Harbor Union High School requested an 81, Npt. Har° Union H.S. pipeline connection with the city main at 15th Street, the request for 811 line & water to be used for irrigation and fire protection only. It water rate. Referred also requested a favorable acre foot rate for agricultural pur- to C. Engrg poses. On motion of Councilman Finch, seconded by Councilman ' Isbell and carried, the request was referred to the City Engineer for investigation and report. The City Engineer reported that he had tabulated all C. Engr. report on bids bids received for the grading, paving, construction of sanitary. for Tr. 444 work° sewers in alley fronting upon Lots 41 to 59 incl., Tract No. 444, as per Resolution of Intention No. 4065, and finds that the bid of The Stanfield Company was the lowest, regular bid submitted ' for said improvement. Whereupon Councilman Smith offered and Resolution.No. 4085 moved the adoption of Resolution No. 4085, awarding the contract awarding contract to to The Stanfield Company at the prices named in said bid, said Stanfield Co. adopted° bid being the lowest, regular bid submitted for said improvement, which motion was seconded by Councilman Bennett and upon roll call, the said resolution was adopted by the following roll call, to-�wit:' ._ • AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' The City Engineer also reported the bid of M. E. Horst in the amount of $4,915.75 for the weed abatement work, was the low bid and recommended its acceptance. On motion of Councilman Smith, seconded by Councilman Bennett and carried by the follow- Resolution No. 4086, ing roll call vote, Resolution No. 4086, being a resolution ac- awarding contract to cepting the bid and authorizing the Mayor and City Clerk to executeMoE. Horst Co. for weed the contract was adopted: abatement work. Adopted AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer reported that the Sully - Miller Con- Npt. parking lot work tracting Company had completed its work on the Newport parking completed by Sully -RMlab lot in accordance with plans and specifications and recommended Council accepts work. the acceptance of the work. On motion of Councilman Smith, seconded by Councilman Bennett and carried, the work was accepted. The City Engineer reported that the R. J. Noble Company Balboa parking lot ex- had completed the work on the extension of the Balboa parking lot tension completed by in accordance with plans and specifications and recommended that R.J. Noble, wor)4 ac- the work be accepted. On motion of Councilman Finch, seconded by cepted by Council. Councilman Smith and carried, the work was accepted. 0 1 u' The City "ngineer reported that the Sully- Miller Con- tracting Company had completed the work on the improvment of West Balboa Boulevard from 31st Street to .47th Street in accor- dan6e with plans and specifications and recommended that the work be accepted. On motion of Councilman Smith, seconded by Councilman Finch and carried the work was accepted. The City completed the work on Old County Road recommended that t] Finch, seconded by eppted. Engineer reported that the Stanfield Company on the sewer main southwesterly of Broad Street in accordance with plans and specifications and Ze work be accepted. On motion of Councilman Councilman Smith and carried, the work was ac- Resolution No. 4087, being a resolution accepting a Grant Deed from J. D. and Dorothy M. Doverspike to the City of Newport Beach of a right of way or easement fdr sewer purposes over the following described property The southwesterly five (5) feet of Lot 41, Tract No. 444, as said tract is laid out and shown upon a map recorded in Miscellaneous Maps, Book 19, Page 29, records of Orange County, California was adopted on motion of Councilman Finch, seconded by Councilman Smith and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: NOne ABSENT COUNCILMEN: None Widening of Balboa Blvd (31st to 47th) Sully - Miller. Council ac- cepts completed work. Sewer main, Broad St, & Old Co. Rd.9 completed by Stanfield Co. Work accepted by Council Resolution No. 4087, accepting deed from Doverspike, J.D. Por. Lot 419 Tr. 444 The Oath of Office of John Meier as a patrolman for the Oath of Office as City of Newport Beach was approved on motion of Councilman Isbell, Patrolman, Meier, John, seconded by Councilman Smith and carried. The Oath of Office of Otto Jansen as a special officer Oath of Office, Spec. for the South Coast Company was approved on motion of Councilman Off. So. Coast Co. Isbell, seconded by Councilman Smith and carried. Jansen, Otto 244 Petition bearing 111 signatures, Cliff Haven, requesting annexation. Res. No. 4088, setting date for hearing, & date for election in the area Adopted. The City Clerk presented a petition bearing 111 cer- tified signatures of voters residing in the area asking that Cliff Haven be annexed to the City of Newport Beach. The City Council found that the signatures constituted more than 25% of the 285 voters registered in the area and on motion of Councilman Finch, seconded by Councilman Smith and carried, Resolution No. 4688, being a resolution setting the date for hearing of property owners in:the territory proposed to be annexed for June 22nd, 1953, and declaring its intention to call an election in the territory on July 21st, 1953, was a- dopted by the following roll call vote, to -wits AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Res. No. 4089, author- Resolution No. 4089, being a resolution authorizing izing agreement with Ir- the execution of an agreement with the Irvine Company covering vine Co. covering the the improvements in Tract 1700 and 1701 known as Irvine Terrace improvements for 'Irvine was adopted on motion of Councilman Smith, seconded by Council- Terrace.' man Finch and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: .Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: hone Res. No. 4090, author- Resolution No. 4090, being a resolution authorizing izing agreement with Geo. the execution of an agreement with George McNamara covering the McNamara covering improve - construction of improvements in Tract 1723, Collins Island, was ments for Collins Island adopted on motion of Councilman Finch, seconded by Councilman Smith and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None P. B. & R. Comm. recom- The Park, Beach, and Recreation Commission recommended mendation to remove the the removal of moorings between 18th and 19th Streets and on moorings between 18th & motion of Councilman Finch, seconded by-Councilman Bennett and 19th St. Action deferred. carried, action on the recommendation was deferred until the next meeting. P. B. & R. Comm, recom- mendation that W. Npt. Impr. Assoc. pay for plat ing Balboa Blvd., & city do the work. Adopted The Park, Beach, and Recreation Commission recommended that the West Newport Beach Improvement Association be permitted itto pay for the planting in the improvement of West Balboa Boule- vard and that the city do the work. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the recommendation was adopted. P. B. & R. Comm. recom- The Park, Beach and Recreation Commission recommended mendation to acquire Lot that Lot 23, in Block A -B, Corona del 1°ar, be given priority in 23 Blk A -35, CDM, for the acquisition in the development of the beach at Corona del future roadway to beach. Mar for a proposed roadway, and on motion of Councilman Finch, Approved. seconded by Councilman Isbell and carried, the recommendation was approved. P. Bo & R. Comm. submits The Park, Beach, and Recreation Commission submitted 1953 -54 budget. Referred .their budget in the amount of $50,850. On motion of Councilman to Finance Committee. Finch, seconded by Councilman Isbell and carried, the budget was referred to the Finance Committee. P. Ba & R. Comm. recom- The Commission further suggested that the income from mendation, Balboa Bay Clubthe Balboa Bay Club be allocated for Park, Beach, and Recreation funds be allocated for pk purposes and on motion of Councilman Finch, seconded by Council- purposes. Adopted man Smith, the allocation was authorized and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Bennett, Miller. NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None Income from CDM State Park Councilman Finch then moved that the income from the to be used by Park Comm. Corona del Mar State Park be allocated for capital acquisitions for capital acquisitions. and out -lay by the Park Commission. The motion was seconded by Councilman Smith and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None ORDINANCE NO. 687 ORDINANCE NO. 687, being establishing charges AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING for garbage, trash, & SECTIONS 52041 52051 5206 and 5210 OF THE MUNICIPAL CODE OF THE cuttings collection. CITY OF NEWPORT BEACH, AND ADDING SECTIONS 5203.1, 5208.11 5208.2 and 5212.1 THERETO, PROVIDING FOR THE REGULATION AND First reading. COLLECTION OF CUTTINGS AND FOR A CHARGE FOR GARBAGE, REFUSE AND CUTTINGS COLLECTION was presented for first reading, and on motion of Council- man Finch, seconded by Councilman Isbell:.and carried, reading of the ordinance was waived. 0 1 1 0 1 f i • I On motion of Councilman Finch, seconded by Councilman Bennett, Ordinance No. 687 was gassed to second reading by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: one ABSENT COUNCILMEN: None Planning Commission Resolution No. 571, being a resolu- tion denying the Variance application of C. Wurdemann to permit a 911 sideyard setback instead of the required 3' at 211 Ruby Avenue, Balboa Island, was presented and on motion of Councilman Bennett and seconded by Councilman Smith and 'carried, Council concurred with the Planning Commission in denying said Variance. 45 Ord. Noe 687 passed to second reading Plan. Com. Res. 571 denying Wurdemann Variance. "Council concurrs. Planning Commission Resolution No. 572, being a resolutionPlan. Coma Res. 572 recommending the granting of a Variance to George L. Zimmer to Granting Zimmer Vari permit a rearyard setback of 51 instead of the required 10' at ance at.300 Dahlia. 300 Dahlia Avenue, Corona del Mar, was presented and on motion Council concurrs. of Councilman Finch, seconded by Councilman Smith and carried, the Council concurred with the Planning Commission in granting the said Variance. The application of the Golden State Sportfishing Com- Golden State Sport - pany,for the installation of a bait receiver on a portion of fishing Co. to in- Lot 'L', Tract 919, was granted on motion of Councilman Finch, stall bait receiver. seconded by Councilman Smith and carried. Granted The City Manager recommended that 176 parking meters Authorization to pur • be purchased from the Pacific Union Metal Company in accordance chase 176 parking with their bid submitted at the last meeting in the amount of meters from Pac. $17,974.00. On motion of Councilman Smith, seconded by Council- Union Metal Co. man Bennett, purchase of the meters was authorized by the follow- ing roll call vote, to -wit: ' AYES, COUNCILMEN: Smith, Isbell, Bennett, Miller. NOES, COUNCILMEN: Finch ABSENT COUNCILMEN: None Mayor Miller appointed Carl Hanna as Deputy Director Carl Hanna appointed of Civilian Defense and the appointment was confirmed on motion Dep. Dir. of Civil of Councilman Isbell, seconded by Councilman Finch and carried. Defense Lowell D. Pollom speaking from the floor asked for reconsideration of the Civil Service Board recommendation con- Reconsideration of cerning his reinstatement. On motion of Councilman Smith, L. D. Pollom for seconded by Councilman Finch the recommendation was again taken reinstatement to PD. ' under consideration and Mr. Pollom's re- employment at the step Re- employment grant_. held when he left the department was authorized by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A communication from the 011 Committee asking that a Oil Committee urged meeting with Mr. `'ames Pemberton, the oil.consultant, be arranged a meeting with Oil in view of the recent signing of the tidelands drilling bill, consultant. Filed. was read and ordered filed on. motion of Councilman Isbell, seconded by Councilman Finch and carried. R. A. Ralston speaking from the floor urged that the city dedicate for street purposes certain property owned by the City and adjoining his property at 19th and Whittier upon his completion of the improvement for use as a street. On motion of Councilman Finch, seconded by Councilman Smith and carried, meeting was adjourned, sine die.' 1 1 City Clerk n 11 Mayor ' R. A. Ralston urged city dedicate por of st.at 19th & 'Ahittie, Adjournmento