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HomeMy WebLinkAbout07/27/1953 - Regular Meeting262 July 279 1953 The City Council of the City of Newport Beach met in regular session in the Council Chambers in the City Hall Roll Call at 7:30 P.M. The roll was called, the following members answering present: Smith, Finch, Isbell, Bennett, Miller. Invocation Reverend James Stewart of St. Andrews Presbyterian Church gave the invocation. On motion of Councilman Isbell9 seconded by Minutes approved Councilman Finch and carried, reading of the minutes of the previous meeting was waived and they were declared approved as written. Demands approved Certain demands9 having been approved by the Finance Committee were approved and ordered paid on motion of Councilman Isbe119 seconded by Councilman Finch and carried by the following roll call vote, to wits AYES9 COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Order of business waived. REGULAR ORDER OF BUSINESS WAIVLI) On motion of Councilman Finch, seconded by Councilman Bennett, the regular order of business was waived, to permit Opening of bids for paving the opening of bids for the paving of the alley in block 137, alley9 Blk 1372 CDM. Corona del Mar. The following bids were opened and read: R. J. Noble Company . . Sully- Miller Contracting M. E. Horst Company . . Hardy and Harper. . . . On motion of Councilman Referred to C. Engr. Isbell and carried, the bids were Engineer for checking. $19372.28 ;Co . 19258.60 . . 1,258.6o . . . 19242.36 Finch, seconded by Councilman referred to the City On motion of Councilman Isbell, seconded by Councilman Regular order of business Bennett and carried, the regular order of business was resumed. resumed. COMMUNICATIONS: The City Manager recommended that former Police Don R. Burdsall reinstated Officer Don R. Burdsall be reinstated at the top of the eligibility on eligibility list for list, with the proviso that he serve a period of one year before police officer. being eligible for promotional examinations. On motion of Councilman Finch9 seconded by Councilman Smith and carried, the recommendation was approved. County Sanitation Dists. The County Sanitation Districts requested permission receive permission to con- to connect to the existing 6" water main of the City of Newport nect to 6" main at Santa Beach at the Santa Ana river, for the purpose of obtaining water Ana River for sewage treat- for the sewage treatment plant. On motion of Councilman Finch, ment plant. seconded by Councilman Smith, and carried, the connection was approved subject to the regular metering charges. Protests received on proposal Protests were received against the proposal to lease to lease Lot 49 Blk 4349 Lot 4, Block 434, Canal Section, from the following: R. Tito Canal Sec. Matter referred Milnor and Mrs. Margaret Ruth Milnor; R. L. McCulloch; Marian to Park, Beach, & Rec. Com. P. Tilton and Ralph B. Tilton; Fred J. Kriete, and Leslie M. Holbrook, together with a protest bearing 16 signatures of residents in the vicinity. On motion of Councilman Finch, seconded by Councilman Bennett, and carried, the protests were referred to the Park, Beach, and Recreation Commission. Letter from Harbor Citizens A letter from the Harbor Citizens League asking the League requesting Council's cooperation of the Council in preparing a proposed Charter for cooperation in proposed presentation to the people was read. After some discussion of Charter preparation. possible m6thods of developing a Charter, it was moved by Councilman Finch, seconded by Councilman Smith and carried, that the Council consider the preparation of a Charter As a Committee of the Whole. Protests on marine gas A protest against the issuance of permit for the station near Balboa Isl. establishment of a marine gas station. on the East side of the bridge. Balboa Island bridge, bearing 50 signatures, was presented. Mr. Arthur Kramer spoke from the floor, as did Mr. hans Broering to re- instigate Broering, proprietor of the proposed marine gas station. After proceedings. some discussion, Mr. Broering volunteered to withdraw his Use Permit and reinstitute proceedings before the Planning Commission. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the protests were referred to the Planning Commission. Bd. of Supers. stated Co. The Board of Supervisors, responding to a request makes weekly water tests for investigation of existing cesspools in County territory re: City request for abo- on the shores of Newport Bay, reported that the County Health lition of cesspools in Department was making weekly tests in the vicinity of seven waters of Newport Bay. County yacht landings. On motion of Councilman Isbell, seconded by Councilman Smith, and carried, the City Manager was instructed to negotiate with the Joint Outfall Sewer with a view to compelling sewer connections at these landings. • D 1 i� 1 11 1 1 0 • 1 1 963 The Monterey Oil Company, pointing out that the Submerged Monterey Oil Co. Lands Act had been passed by the Congress of the United States allowed to proceed with and signed by the President, suggested that it be notified by the drilling under Elliott City to proceed with the drilling of the first well under the Oil Contract. Elliott Oil Contracts E. E. Pyles, Vice President of Monterey Oil Company, stated from the floor that the Company was prepared to resume full respon- sibility for any litigation encountered in the drilling. On motion Company notified to begin of Councilman Isbell, seconded by Councilman Bennett, the Company drilling. was notified to begin drilling, by the following roll call vote, to wit: AYES, COUNCILMEN. Smith, Finch, Isbell, Bennett, Miller, NOES, COUNCILMEN; None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Resolution No. 4116 Finch, Resolution Noe 4116, being a resolution appointing the City appointing C. Mgr. as Manager as agent of the City to work with the Monterey Oil Company agent to work with Mon - in the administration of the Elliott Oil Contract was adopted by terey Oil Co. the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Finch, and carried, the City Manager was instructed to secure proof of easements for drilling purposes before the work was started. REGULAR ORDER OF BUSINESS WAIVED ' On motion of Councilman Finch, seconded by Councilman Smith and carried, the regular order of business was waived to hear the report of the City Engineer on the bids for the paving of the alley in Block 137, Corona del Mar, The City ,Engineer reported that the bid of Hardy and Harper in the amount of 9$19242.36 was the low bid, and recommended its acceptance. On motion of Councilman Isbell, seconded by Councilman Smith and carried, the contract was awarded to Hardy and Harper and Resolution No. 4117, being a resolution author- izing the Mayor and City Clerk to execute the Contract was adopted by the following roll call vote, to wits AYES, COUNCILMEN. Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None REGULAR ORDER OF BUSINESS RESUMED On motion of Councilman Smith, seconded by Councilman Isbell and. carried, the regular order of business was resumed, LICENSESs The application of Mildred B. Hutchinson for a license to operate Lido Village Trailer Park at 700 31st Street, was granted on motion of Councilman Isbell, seconded by Councilman ' Smith and carried. The-application of Antonio F. Rego, for a license to operate an equipment service at 3102 Lafayette, was granted on motion of Councilman Bennett, seconded by Councilman Isbell, and carried. The application of J. T. Hatfield for an exempt li- cense to solicit magazine subscriptions, being in interstate commerce, was referred to the City Attorney on motion of Coun- cilman Smith, seconded by Councilman Isbell and carried. The application of H. W. Horton for a license to operate a service station at 1100 Coast Highway, subject to Fire Department approval, was granted on motion of Councilman Isbell, seconded by Councilman Bennett and carried. The application of E. D. Jones for a license to operate a hamburger stand at 413 Coast Highway, subject to Health Department approval, was granted on motion of Council- man Isbell, seconded by Councilman Smith and carried, The City Attorney reported that the application of - the Seventh Day Adventist Church for an exempt license to solicit welfare funds in the City had been approved by his of- fice, and on motion of Councilman Smith, seconded by Councilman Finch and carried, the application was granted. UNFINISHED BUSINESS* The Mayor announced that this was the time and place set for a hearing on assessments for the costs of weed .abatement. C. Mgr. instructed to secure proof of easements C. Engr °s report on alley paving for Block 137,CDM. Hardy & Harper bid low, Resolution. No. 4117 authorizing execution of Contract for paving. Mildred B. Hutchinson Lie, appl °n to operate Lido Village Trl. Pk. Granted Antonio F. Rego Lie, apnl to operate equip. sere. Granted. J.T. Hatfield, exempt lic solicit mag. subs. Referred to C. Atty. H.W. Horton license to operate sere, stn, Grant_ E.D. Jones, hamburger stand, Granted Seventh Day Adv. Ch, Granted Exempt Lie, to solicit funds. Hearing on assessments for weed abatement, 264 Street Superintendent 's The Street `' uperintendent reported that a total of 62,446000 Report. had been expended in weed abatement and submitted a list of lots cleaned in accordance with Resolutions Nos. 4039 and 4053 of the City of Newport Beach. On motion of Councilman Isbell9 seconded by , Report accepted & assess- Councilman Bennett$ the report of the Street Superintendent ments confirmed. was accepted and the assessments for weed abatement were ' confirmed by the following roll call vote$ to wit: AYES$ COUNCILMEN: Smith$ Finch$ Isbell9 Bennett$ Miller. NOES$ COUNCILMEN: Ngne ABSENT COUNCILMENs None Cliff Haven Annexation The City Clerk announced that a special election , had been held on July 21st$ 19539 in the Cliff Haven Ann- exation area on the following question: Question on which election SHALL CLIFF HAVEN ANNEXATION BE ANNEXED T09 INCOR- was held. PORATED.IN AND MADE A PART OF THE CITY OF NEWPORT BEACH AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION$ SUBJECT TO TAXATION EQUALLY WITH THE PROPERTY WITHIN THE CITY OF NEWPORT BEACH) TO PAY THE ENTIRE BONDED INDEBTEDNESS , OF THE CITY OF NEWPORT BEACH OUTSTANDING OR AUTHORIZED AT THE DATE OF THE FILING OF THE PETITION FOR ANNEXATION FOR THE ACQUISITION$ CONSTRUCTION OR COMPLETION OF MUNICIPAL IM- PROVEMENTS? The Clerk reported that a total of 152 votes had • Report of votes. been cast$ of which 98 were for annexation and 54 against annexation. Two absentee ballots were then voted, both being for annexation. The Council thereupon canvassed the returns of the election aid found the result to be as follows: For annexation 100 ' Against annexation 54 Total Vote cast 154 Ordinance No. 692 On motion of Councilman Isbell, seconded by Coun- annexing area intro- cilman Bennett and carried$ reading of Ordinance No. 692, duced. being. AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF NEWPORT BEACH OF CERTAIN INHABITED TERRITORY DESIGNATED AS "CLIFF HAVEN ANNEXATION" WHICH IS CONTIGUOUS TO THE CITY OF NEWPORT BEACH$ UPON THE TERMS CONTAINED IN THE QUESTION SUBMITTED AT A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE 21st DAY OF JULYS 1953.9 was waived. Ordinance Noe 692 passed On motion of Councilman Isbell$ seconded by Coun- to 2nd reading. cilman Bennett, Ordinance No. 692 was passed to second reading, by the following roll call vote$ to wit: AYES, COUNCILMEN: Smith, Finch, lsbell9 Bennett, Millers NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Earl W. Stanley requests A letter from Furl W. Stanley$ original subdivider zoning in accordance with of Cliff Haven, was read$ urging that the area be zoned , original subdivision plans. in accordance with the original planned zoning for the Referred to Npto Planning subdivision$ as approved by the Orange County Planning Comm Commission° mission. On motion of Councilman Isbell$ seconded by Coun- cilman Finch and carried, the letter was referred to the Planning Commission of the City of Newport Beach. NEW BUSINESS* ORDINANCE N0, 689, being Ordinance No. 689 fixing AN ORDINANCE OF THE CITY OF NEWPORT BEACH FIXING amount of revenue needed THE AMOUNT OF REVENUE FROM PROPERTY TAXES FOR THE FISCAL for 1953 °54 introduced for YEAR 195354$ first reading, & waived. was presented for first reading$ and on motion of Councilman Isbell, seconded by Councilman Bennett and carried the reading of Ordinance No. 68% ..which set the' sum of j5o8,1590o89 as the amount to be raised by taxation, was waived. On motion of Councilman Smithy seconded by Councilman , Ordinance No. 689 passed Finch, Ordinance No. 689 was passed to second reading by the to and reading. following roll call vote, to wit: AYES, COUNCILMEN: Smithy Finch, Isbell, Bennett$ Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' 0 1 1 1 .0 I E 26 ) An agreement between the City of Newport Beach and t1e Chamber of Commerce Con - Newport Harbor Chamber of Commerce, renewing the existing con- tract renewed at lower tract for a period of one year from July 1, 1953, with a reduction cost per moo of payments from $1,300.00 to $1,200.00 monthly, was presented. On motion of Councilman Isbell, seconded by Councilman Resolution No. 4111, auth- Bennett, Resolution No. 4111, being a resolution authorizing the orizing execution of the execution of the Agreement, was adopted by the following roll agreement adopted. call vote, to wits AYES, COUNCILMEN: Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN-. Smith ABSENT COUNCILMEN. None Resolution No. 4112, being a Resolution approving a map Resolution No. 4112, ap- showing a certain alley in Block 1, Tract No. 27, in the City of proving map vacating Newport Beach, proposed to be vacated, closed up and abandoned, alley in Block 1, Tr. 27, was adopted on motion of Councilman Smith, seconded by Councilman Adopted. Bennett, and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4113, being a Resolution of Intention order the closing up, vacation and abandonment of that certain alley in Block 1, of Tract No. 27 in the City of Newport Beach, and setting the date for hearing as August 24th, 1953, was adopted on motion of Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: to Resolution No. 4113, in- tention to close up, va- cate, & abandon above alley AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN. None ABSENT COUNCILMEN: None The City Engineer recommended the approval of the transfer of Pier Permit No. A -551 from Leslie T. Peterson to Vern Phalen, the pier being located on property at Lots 21 and 22, Block 5, Section Five, Balboa Island. On motion of Council- man Isbell, seconded by Councilman Bennett and carried, the transfer was approved. Setting hearing for Aug. 24, 1953 Approval of Pier Permit A -551 from Peterson to Phalen. The City Engineer recommended that a six foot (61) Installation of 61 fence chain link fence be installed along the easterly line of Lot 3, Ely side of Lot 3, Blk 338 Block 338, Newport Island and estimated the cost at approximately Npt. Isl. authorized. $200. On motion of Councilman Isbell, seconded by Councilman Bennett, the installation of the fence was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None An agreement for maintenance of State Highways in the City of Newport Beach, beginning July 1, 19539 was presented, and on motion of Councilman Isbell, seconded by Councilman Bennett, Resolution No. 4114, being a resolution approving the agreement and authorizing the Mayor and City Clerk to execute it in behalf of the City, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4114 State Hiway Maint. Agree- ment for 1953 -540 A resolution from the City of Houston, Texas, extending Resolution from the City greetings to the City of Newport Beach, in connection with the of Houston, Texas, re: Third National Boy Scout Jamboree was received, and on motion of Boy Scout Jamboree. Councilman Isbell, seconded by Councilman Bennett and carried, Filed was ordered filed. The City Attorney reported that he had investigated the application of Mary L. Faulkner for an exempt license to solicit sales of Avon products in Balboa. He found that the solicitation was not in interstate commerce, and recommended that the appli- cation be denied. On motion of Councilman Smith, seconded by Councilman Isbell, and carried, the application was denied. •ORDINANCE NO. 69o, being Mary L. Faulkner exempt lic. appl °n. Denied. AN ORDINANCE RENAMING THAT PORTION OF THE COAST HIGHWAY Ordinance No. 690 EAST OF THE UPPER BAY BRIDGE AS EAST COAST HIGHWAY; THAT PORTION renaming portions of OF THE COAST HIGHWAY WEST OF THE UPPER BAY BRIDGE AS WEST COAST Coast Hiway & Old Co. Rd. HIGHWAY, AND A PORTION OF OLD COUNTY ROAD AS CATALINA DRIVE was presented for first reading by the City Attorney. On motion of Councilman Smith, seconded by Councilman Finch and carried, the reading of the Ordinance was waived. On motion of Councilman Smith, seconded by Councilman Finch, Ordinance No. 690 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1st reading, waived Ord. No. 690 passed to 2nd reading. 266 Ordinance No. 691 ORDINANCE NO. 691, being renumbering portions of Coast Hiway & CDM Sts. AN ORDINANCE RENUMBERING THE COAST HIGHWAY AND CERTAIN STREETS IN CORONA DEL MAR AND NEWPORT HEIGHTS, THE RENUMBERING TO BECOME EFFECTIVE NOVEMBER lst, • introduced for 1st was presented by the City Attorney. On motion of ' reading, waived. Councilman Beftftbtt, seconded by Councilman Smith and carried, the reading of the Ordinance was waived. Ord. No. 691 passed to On motion of Councilman Smith, seconded by Councilman 2nd reading. Finch, Ordinance No. 691 was passed to second reading by the following roll call vote, to -wits AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resoltuion No. 4115 Resolution No. 4115, being a resolution establishing establishing specific charges for garbage and trash collection and setting up rules charge for garbage & and regulations for the collection of garbage and trash was trash collection. read by the City Attorney. After a lengthy discussion from the floor, in which it was urged that the service be financed by taxation, Resolution No. 4115 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett. NOES, COUNCILMEN: Miller ABSENT COUNCILMEN: None Recess Mayor Miller declared a recess at llt00 P.M. Council resumed The City Council reconvened at 11 :10 P.M. ' Arvid 0. Pauly °s State Arvid 0. Pauly of the State Recreation Committee, report on recreation in presented a plan for development of recreational services in C. Npt. Bch. read & rem the City of Newport Beach. On motion of Councilman Finch, ferred to P.B.&R. Comm. seconded by Councilman Isbell and carried, the report was referred to the Park, Beach, and Recreation Commission. City Atty °s Secey On motion of Councilman Finch, seconded by Councilman salary raised to $140 Isbell, the salary of the Secretary to the City Attorney was established at $140.00, by the following roll call vote, to wit% AYES, COUNCILMEN-. Finch, Isbell, Bennett, Miller. ' NOES, COUNCILMEN: Smith ABSENT COUNCILMENi: None Balboa Parking Lot fee raised to $.50 & z profit set aside for capital im- provements in that area. The City Manager recommended that the parking fee at sthe Balboa Parking Lot be increased to $.50 and that one -half of the net profit from the operation of the lot and parking meters be set aside for capital improvements in that section. On motion of Councilman Isbell, seconded by Councilman Bennett, the recommendation was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Isbell, Bennett, Miller. NOES, COUNCILMEN: Finch ABSENT COUNCILMEN% None Similar policy estab- The City Manager recommended that a similar policy be ' lished for Newport lot. followed in the distribution of the net profits from the parking meters at Newport; one half to be set aside for capital improvements in the Newport area. On motion of Councilman Bennett, seconded by Councilman Isbell, the recommendation was approved by the following roll call vote, to wits AYES, COUNCILMEN: Smith, Isbell, Bennett, Miller. NOES, COUNCILMEN. Finch ABSENT COUNCILMEN: None Parking meters ordered The City Manager reported that a survey in the McFadden installed at McFadden Place parking lot revealed that it was being used by fishermen Place parking area. for all day parking. On motion of Councilman Smith, seconded by Councilman Bennett, meters were ordered installed in the McFadden Place parking lot by the following roll call vote, to wit: AYES, COUNCILMEN% Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: N6ne ABSENT COUNCILMEN: None Special census authorized The City Manager reported that the special census in Nov. at cost of $2211. proposed to be taken in November would cost approximately $2,211.00. He said that the increased revenue the City would receive in State tax allocations would more than off -set the cost of the census. On motion of Councilman Isbell, seconded by Councilman Finch, the special census was authorized by the following roll call vote, to wit: ' AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN-. None • The City Manager stated that he had received informal bids for a Four Wheel Dodge Power Wagon for beach use, and that the low bid was that of the L. D. Coffing Company, Santa Ana, in the amount of $3,712.09. On motion of Councilman Bennett, seconded by Councilman Finch, the purchase of two vehicles was authorized by the following roll call vote to wit: 267 Purchase of two vehicles for beach use authorized from L.D. Coffing, Co. for 63712.09. AYES, COUNCILMENg Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: NPne ABSENT COUNCILMEN: one Mayor Miller asked the appointment of a Zoning ' Investigator to enforce zoning laws in the City of Newport Beach, with particular attention to be paid to Balboa Island violations. On motion of Councilman Bennett, seconded by Councilman Smith, the City Manager was authorized to appoint a zoning investigator at a salary commensurate to that of license collector of detective sergeant, by the following roll call vote, to wit: 1 • 1 1 n r1 L C. Mgr. given authorizatic to appoint Zoning Investi- gator. AYES, COUNCILMEN. Smith, Finch, Isbell, Bennett, Miller. NOSS, COUNCILMEN. None ABSENT COUNCILMEN: None The City Engineer recommended that bids be asked C, Clk. instructed to call for the removal of one 50,000 gallon tank. On motion of for bids for removal of a Councilman Isbell, seconded by Councilman Finch, the City 509000 gal. tank. Clerk was instructed to call for bids by the following roll call vote, to wit: Councilman sine die. ATTEST. AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Bennett and carried, the meeting was adjourned, Adjournment. City Mayo