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HomeMy WebLinkAbout01/11/1954 - Regular Meeting�, a Regular session Roll Call Minutes approved January 119 1954 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 present: .Smith, Finch, Isbell, Bennett and Miller. Upon motion of Councilman Isbell, seconded by Councilman Bennett and carried, the reading of the previous minutes was waived and they were approved as written. Demands approved Regular monthly demands were approved and ordered paid, having been approved by the Finance Committee, 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, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None REGULAR ORDER OF BUSINESS WAIVED Regular order of Upon motion of Councilman Isbell, seconded by Councilman Business waived Bennett and carried, the regular order of business was waived to permit the opening of bids for the construction of sewers in the vicinity of 35th, 36th, Finley and Short Streets, Newport Beach. The City Clerk opened and read the following bids: Bids opened for sewer 35th -36th Sts. The Stanfield Co. . . . . . . . . . . $ 179789.48 V.C.K. Construction Co. . . . . . . . 549990.00 Chris Evanovich . . , . . . . . . . . 229280.00 Chorak Construction Co. . . . . . . . 269582.00 L. Castillo & Russell L. Thibodo. . . 11,440.70 James I. Gallacher. . . . . . . . . . 179383.20 Referred to C. Engr. Upon motion of Councilman Isbell, seconded by Councilman Bennett and carried, the bids were referred to the City Engineer for report and checking. REGULAR ORDER OF BUSINESS RESUMED Regular order of business resumed Upon motion of Councilman Isbell, seconded by Councilman Bennett and carried, the council resumed the regular order of business. COMMUNICATIONS: Herbert Packard re- Herbert R. Packard, 114 Opal Avenue, Balboa Island, reported quested removal of 2 that two poplar trees had been damaged in recent trenching for water poplar trees main purposes. He asked that the trees be removed. On motion of Councilman Isbell, seconded by Councilman Bennett, the request was referred to the City Manager by the following roll call vote, to wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: Smith ABSENT COUNCILMEN: None Board of Freeholders The newly organized Board of Freeholders requested an appro- allotted $1000 for priation for the employment of legal counsel to assist in drafting legal fees. the proposed new city charter. On motion of Councilman Finch, seconded by Councilman Isbell, an-appropriation of $1,000 was author- ized by the following roll call vote, to wits AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A. B. Cubbage urged oil A. B. Cubbage, urged that money derived from the oil wells money be used in W. Npt. in WestaNbwport be used in the development of the West Newport end of the city, pointing out that playground facilities were in need of improvement. On motion of Councilman Isbell, seconded py Coun- cilman Finch and carried, the letter was ordered filed. LICENSES: Exempt license appl °n The application of Betty L. Ellingwood for an exempt license Betty L. Ellingwood to sell Stanley Home Products was referred to the City Attorney on Stanley Products motion of Councilman Isbell, seconded by Councilman Finch and carried. UNFINISHED BUSINESS: Monterey Oil Co. sub- The Monterey Oil Company presented for approval a sub - surface surface easement pre- easement in connection with the three on -shore oil wells operated sented & check. by the company, together with a royalty check in the amount of $8,564.98 covering production up to and including November 30th, 1953- 0 1 1 0 i 1 i 1 fl Councilman Bennett pointed out that the execution of the easement had been approved by the oil consultant, retained by the city, upon completion of community leases in the area, and that these leases had now been secured by the company. On motion of Councilman Smith, seconded by Councilman Ben- nett, Resolution No. 4193, being a resolution authorizing the Mayor and City Clerk to execute the easement on behalf of the City was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Isbell, Bennett, Miller. NOES, COUNCILMEN: Finch ABSENT COUNCILMEN: None The City Engineer reported that the bid of Castillo and Thibodo was the low bid for the construction of sewers in the 35th -36th Street area but in view of the discrepancy in the,-,amounts of the bids, recommended that the awarding of the contract be held over until the next meeting. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the awarding of the bid was held over. A petition bearing 41 signatures urging that the renumber- ing of the west portion of Cliff Drive be omitted from the proposed changing of house numbers in that area, was presented. Charles J. Roese, speaking from the floor, suggested that a conference with the City Engineer might be arranged to assist in settling the problem. On motion of Councilman Isoell, seconded by Councilman Bennett and carried, the petition was referred to the City Engineer. 3-7 Resolution No. 4193 Authorizing Mayor & Clk to execute easement wi; -- Monterey. C. Engr °s report on bid= & recommended holding over awarding of b6sa tract. Petition of 41 signauu °- requesting Cliff Drive be omitted from change of number program. The City Clerk announced that this was the time and place Hearing on "Stricker" set for the hearing of property owners in the proposed annexation Annexation. of certain property southerly of 15th S +reet, known:-as the "Stricker nnexation." The Mayor declared the hearing open and the Clerk Stated that no written protest had been received. Ray Fields, speaking from the floor, inquired about possible zoning changes in the event of annexation. The Mayor declared the hearing closed and on motion of Councilman Finch, seconded by Councilman Benmtt, Resolution No. 4194, being a resolution giving notice of election, Resolution No. 4194 setting the date for February 24th, establishing the polling place, setting date for elec- and appointing election officers, was adopted by the following roll tion & establishing pol call vote, to wit: ling place. AYES, COUNCILMEN: Smith, Isbell, Bennett, Fihbhy.Miller NOES, COUNCILMEN: N6ne ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place Hearing on Planning 1 set for the hearing on recommendations of the Planning Commission Commission recommenda- that- tions. (Cliff Haven Area) a. That lots 2 to 30 inclusive and lots 36 to 46 inclu- sive of Tract 1220, and lots 6 to 21 inclusive of Tract 1718 all be rezoned from a "U" district to an R -3 district- . b. That lots 31 to 36 inclusive of Tract 1220, lots 142 to 146 inclusive of Tract 1218- lots 1 to 10, Block A inclusive of Tract 12199 lots 1, 29 199 209 219 22, and 23 of Tract 1221, all be rezoned from the "U" district to R -2 district- ' c. That the minimum front yards required shall be ten feet and said minimum distance of ten feet shall be measured from the front property line on the following lots: Lots 20 to 28 inc., Tract 1218 Lots 1 to 10, Block D, incl., Tract 1219 t:Lits 1 to 45, Block E, incl., Tract 1219 Lots 1 to 11 incl., Tract 1221 d. That all other lots not otherwise specified herein in Tracts Nos. 1718, 12189 1219, 1220 and 1221- be rezoned from a "U" District to an R -1 district with the exception of Lcts 1 to 5 in Tract 1718 which have been referred back to the Planning Commission, and Lots 147 and 148, of Tract 1218 which have a separate hearings The Mayor declared the hearing open and the Clerk declared No communications re- that no written communications had been received. On motion of ceived. C. Atty. in- Councilman Isbell, seconded by Councilman Finch, the City Attorney strutted to draft amend was instructed to draft an ordinance amending the Zoning Law of ment to Zoning Law. the City of Newport Beach in accordance with the recommehdation of the Planning Commission. The City Clerk declared that this was the time and place set for hearing on the recommendation of the Planning Commission that Lot 147 of Tract 1218 be changed in zoning from a "U" district to a C -1 -H district, as requested by the owner, Earl W. Stanldy. The Mayor declared the hearing open, the City clerk reported that no written communications had been received. After some dis- cussion from the floor, the Mayor declared the hearing closed, and on motion of Councilman Bennett, seconded by ,Councilman Isbell, City Atty. instructed to and carried, the recommendation of the Planning Uommission was ap- draft ordinance making proved and the City Attorney was instructed to draft an ordinance necessary changes in • amending the Zoning Law in accordance with the recommendations. Zoning Law. � �+ Dredging of Grand Canal The.City Engineer presented plans and specifications Plans & Spec. approved for the dredging of the Grand Canal and on motion of Councilman Bids on January 25th. Isbell, seconded by Councilman Finch, plans and specifications were approved and the City Clerk instructed to call for bids to be opened on January 25th, 1954 by the following roll call vote, to -wit: The City Clerk announced that this was the time and Hearing on Banning re- place set for a hearing on the recommendation of the Planning zoning application, Commission that Parcels No. 1 and 2 of the Banning Tract, more to C -1 -H Dist. particularly described in the application therefor, be rezoned an appeal in I.G. Gordon from R -1, R -3 and C -1 to a C -1 -H District. case. The Mayor declared the hearing open and the Clerk re- ported that no communications had been received. No one spoke from the floor and the Mayor declared the hearing closed. Planning Comm. recom- On motion of Councilman Isbell, seconded by Councilman mendation approved & Finch and carried, the recommendation of the Planning Commission C. Atty. instructed to was approved and the City Attorney was instructed to draft an draft change in Zoning ordinance amending the Zoning Law in accordance with the recom- Law. mendation of the Planning Commission. Wilmington- Monterey merger.Wilmington NEW BUSINESS: Lillian R. Fox The claim for.damages of Lillian R. Fox against the Claim for Damages City of Newport Beach, alleging false arrest, was presented and Disallowed on motion of Councilman Isbell, sedonded by Councilman Bennett the claim was disallowed by the following roll call vote, to =wit: Resolution No. 4196 author- AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. izing execution of assign- NOES, COUNCILMEN: None ment of undivided interest.the ABSENT COUNCILMEN: None Resolution N0. 4195 Resolution No. 41959 being a resolution asking cancel - County to cancel taxes lation of taxes by Orange County against two parcels of property against "Lane" & I'Furse" acquired by the City in 19539 known as the "Lane" purchase and properties, the "Furse" purchase, and more particularly described in the Resolution, was adopted on motion of Councilman Finch, seconded Resolution No. 4197 approval On motion of Councilman Finch, seconded by Councilman by Councilman Isbell and carried by the following roll call Smith, Resolution No. 4197, being a resolution authorizing the vote, to wit: execution of an acceptance assumption agreement by the City of AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. Newport Beach was adopted by the following roll call vote, to wits NOES, COUNCILMEN: None AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. ABSENT COUNCILMEN: None Dredging of Grand Canal The.City Engineer presented plans and specifications Plans & Spec. approved for the dredging of the Grand Canal and on motion of Councilman Bids on January 25th. Isbell, seconded by Councilman Finch, plans and specifications were approved and the City Clerk instructed to call for bids to be opened on January 25th, 1954 by the following roll call vote, to -wit: 0 7 1 1 1 1 1 II 0 AYES, COUNCILMEN: Smith, Finch, .Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None C. Atty, instructed to file The City Attorney asked the wish of the Council as to an appeal in I.G. Gordon the appealing of the recent Superior Court decision releasing case. Irvin George Gordon from responsibility for failure to perform a contract. On motion of Councilman Finch, seconded by Coun- cilman Smith, the City Attorney was instructed to enter an appeal by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Request for approval of The Monterey Oil Company stated that on July 31st, 19539 Wilmington- Monterey merger.Wilmington Associates, Inc., was merged into its parent cor- poration, Monterey Oil Company, and asked that the interest in the so- called Elliott lease be assigned to the Monterey Company, the interest held by Wilmington Associates, Inc., being -a 15% interest. Resolution No. 4196 author- On motion of Councilman Finch, seconded by Councilman izing execution of assign- Bennett, Resolution No. 4196, being a resolution authorizing ment of undivided interest.the execution of an assignment of undivided interest in the contract with the City of Newport Beach was adopted by the fol- lowing roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4197 approval On motion of Councilman Finch, seconded by Councilman of xcdeptance assumption Smith, Resolution No. 4197, being a resolution authorizing the agreement. Wilmington- execution of an acceptance assumption agreement by the City of Monterey Oil Newport Beach was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City's consent of assign- The City Attorney presented a request from the Board of ment of Bay Club lease Directors of the Newport Bay Company for the City's consent of for $300,000 to Atlantic an assignment of the Balboa Bay Club lease in favor of the Atlantic Ins. Co. Life Insurance Company as security for a note in the amount of $300,000.00. On motion of Councilman Isbell, seconded by Coun- cilman Bennett, Resolution No. 41989 being a resolution con- senting to the assignment of the 1easq, was adopted by the fol- lowing roll call vote, to wits AYES, COUNCILMEN: Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: Smith ABSENT COUNCILMEN: None 0 7 1 1 1 1 1 II 0 329 The City Attorney stated that if the Council so desired, they could transfer the responsibility of prosecuting City Atty's report on misdemeanors to the District Attorney's office. Councilman transferring misdemeanors Smith moved that a resolution be adopted authorizing such to Dist, Atty's office. 'tansfek. The motion died fot, laek%of =a second. The City Manager asked authority to secure an ap- C. Mgr, authorized to praisal on certain China Cove property offered to the City by secure appraisal on Hoff - L, S. Hoffman for $33,500. On motion cf Councilman Finch, man China Oove property. seconded by Councilman Smith, the appraisal was authorized by the following roll call vote, to wito AYES, COUNCILMEN. Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMENi: None ABSENT COUNCILMEN. None The City Manager presented an offer from the Newport Beach Assembly of God Church to lease the old fire house Approval of leasing old at Newport at the sum of $6G per month, this being the only fire hall to N.B. Assembl_ offer received in response to a call for bids. On motion of of God Church at $60 mo. Councilman Isbell, seconded by Councilman Finch, the Mayor and City Clerk were authorized to execute the lease under Resolution No. 4199 by the following roll call vote, to wit. AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. • NOES, COUNCILMEN. None ABSENT COUNCILMEN: None Upon motion of Councilman Isbell, seconded by Councilman Bennett and carried, the Council adjourned sine die. ATTEST. (, " P7, City Clerk 1 1 �7 0 Mayor Adjournment.