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HomeMy WebLinkAbout04/18/1955 - Adjourned Regular MeetingApril 18,1955 The City Council of the City of Newport Beach met in adjourned regular session in the Council Chamber of the City Hall at the hour of 7:30 P.M. ' The roll was called, the following members being present: Councilmen Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, and Hill. On motion of Councilman Bennett, seconded by Councilman Higbie and carried, the reading of the minutes of the previous meeting was waived, and they were declared approved as written. COMMUNICATIONS Adjourned regular session, Roll call, Minutes approved, Petitions requesting the installation of stop lights on Coast Petition, Rea Highway in Corona del Mar, at Narcissus Avenue or Orchid Avenue, traffic lights in were presented, and on motion of Councilman Bennett, seconded by Corona del Mar, Councilman Ridderhof and carried, were referred to the City Eng- ineer. The notice was received from the State Compensation Insurance $3710.47refund from Fund of a refund of $3 710.47 under the City's policy. On motion State Compensation of Councilman Bennett, seconded by Councilman Stoddard and carried, Insurance fund, the refund was accepted and the letter ordered filed. Herman Ranney protested conversion of beach property into a Ranney. Herman, protest parking lot,and on motion of Councilman Ridderhof, seconded by conversion of beach prop, Councilman Bennett and carried, the letter was referred to the into parking lot, City Manager. ' A communication from Earl W. Stanley requesting re- consideration of the variance application of Mr. and Mrs. Van Every, which was denied at the last Council meeting, was read. On motion of Council- man MacKay, seconded by Councilman Stoddard, the request was denied after the Council received information that the VanEverys had de- cided to withdraw their application, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Ridderhof, Hill. NOES, COUNCILMEN: Higbie. ABSENT COUNCILMEN:None. Earl W. Stanley, request reconsideratior variance for VanEvery. Denied, Attorney Jack J. Lande also requested a re- hearing on the VanEvery Lande, Jack Atty, application, in a letter written before the receipt of the VanEvery request for rehearing request for withdrawal. On motion of Councilman Stoddard, seconded on VanEvery application. by Councilman Bennett, Attorney Lande's request was denied by the Denied, following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Ridderhof, Hill. NOES, COUNCILMEN: Higbie. ABSENT COUNCILMEN: None. The Civil Service Commission submitted the names of Joseph Joseph Guerin ' Guerin, R. B. Fehren and James T. Van Dyke for consideration in Appointed to Civil the appointment of a fifthe member of the Commissiou. On motion Service Commission, of Councilman Higbie, seconded by Councilman Stoddard and carried, Mr. Guerin was nominated. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the norginations were closed. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, Mr. Guerin was appointed to the Civil Service Commission and the City Clerk was instructed to cast an unanimous ballot for him. Attorney Harry L. Blodgett, in behalf of Donald Metz, suggested Atty. Harry Blodgett9 that the construction of a one hour fire resistant wall on the request on behalf of garage at 420 "M" Street in Balboa, be accepted in lieu of the re- Donald Metz, moval of the wall as required by the Council at its last meeting. Denied. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the request was denied. The City Manager requested authority to employ Fred Baxter as Fred Baxter, Administrative Assistant to the Planning Commission at a salary of employed as Administrativ $410 per month. On motion of Councilman Bennett, seconded by Assistant to Planning Comm, Councilman Stoddard, the employment of Mr. Baxter was authorized at $410 per month, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None. ' ABSENT COUNCILMEN: None. The City Manager requested authority to transfer $50,CCC.00 C.Mgr. request transfer from the City's inactive account in the Newport Beach branch of of $509000.00 inactive acct, the Bank of America to an inactive account in the Mariners Bank from.Npt.Bch. Bank of Amer, at Newport Beach. On motion of Councilman '"ilder, seconded by to Mariners Bank at Npt.B. Councilman Bennett, the transfer was authorized by the following roll call vote, to wit: Authorized. AYES, COUNCILMEN: Bennett, Wilder, Stoddard, Higbie, Ridderhof, Hill. Councilman MacKay, not voting. NOES, COUNCILMEN: None 2 ABSENT COUNCILMEN: None. LICENSE New ort- Balboa Music Co. for license to conduct The application of the Newport - Balboa Music Company for a bowling game at 471 license to conduct a bowling game at 471 North Newport Blvd., N.Npt. Blvd. was granted on motion of Councilman B ennett, seconded by doun- Granted. cilman Wilder and carried. Wm. G. _Lovell, for The application of William G. Lovell for license to operate a license to operate Smoke Fish and Hamburger Stand at 111 McFadden Place, being a amhurger stand at transfer of location, was granted on motion of Councilman MacKay, 111 McFadden Pl. seconded by Councilman Wilder and carried. Granted. Helen M. Schloesser. The application of Helen M. Schloesser for a license to operate or license to operatean ice cream fountain at 311 Palm Street, Balboa, being a change ce cream fountain at ofownership, was granted on motion of Councilman Bennett, seconded 311 Palm St. by Councilman Wilder and carried. Granted. The applications of James Chandler, Richard L. Smith, Dale Pool, Application for and James Thompson for exempt license to solicit magazines subscrip- Exemrot license, tions from house to house, were referred to the City Attorney on referred to C. Atty. motion of Councilman Stoddard, sconded by Councilman Bennett and- carried. UNFINISHED BUSINESS. Ord. No. 46, Ordinance No. 746, being Amending 110,Mun. Code,changing period AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 4110 OF or licensing of dogs.THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE PERIOD FOR LICENSING DOGS FROM A FISCAL YEAR TO A CALENDAR YEAR. Adopted. was presented for second reading and on motion of Councilman Bennett, of intention of the City seconded by Councilman Stoddard and carried, the reading of the closing up,,vacation ordinance was waived. On motion of Councilman Bennett, seconded by and Councilman MacKay, Ordinance No. 746 was adopted by the following Hearing date set. roll call vote, to wit: hearing date thereon as May 23, 1955, at 7:3G o'clock P.M., AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, adopted on motion of Councilman Bennett, Ridderhof, Hill. man NOES, COUNCILMEN: None call vote, to wit: ABSENT COUNCILMEN: None. Ord. No. 747,amend. Ordinance No. 747, being 2702,Munc. Code. Changing dated & AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2702 OF time of regular THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE DATE& Council meetings. TIME OF THE REGULAR COUNCIL MEETINGS. Passed to second was presented,and read. On motion of Councilman Bennett, seconded by reading. Councilman Ridderhof, the Ordinance was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None. Fire Zone, The Newport Harbor Chamber of Commerce recommended that the Recommended change present No. 1 fire zone be eliminated and that areas presently in by Npt. Harbor Cham. this zone be designated as zone 2. It was further recommended that of Commerce. the City Manager be empowered to make an un- official survey of the C.Atty. to draft firepprmtection problem in the City of Newport Beach. On motion of Ord.- C.Mgr. to make Councilman MacKay, seconded by Councilman Stoddard and carried, the un- official survey. City Attorney was instructed to draft an Ordinance shanging the fire zonal in accordance with the recommendation of the Chamber of Commerce. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the City Manager was instructed to arrange for an un- officila survey through the Board of Fire Underwriters. N .EW BUSINESS. R -43129 approving map Resolution No. 4319, being a resolution approving a map showing showing vacation of a certain public highway over Lot 24, Block 9, Tract No.27, proposed certain public to be vacated, closed up and abandoned, was adopted on motion of highway. Councilman Bennett, seconded by Councilman Higbie and carried by Adopted. the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. R- 4- 20,Intent. to order Resolution No. 4320, being a resolution of intention of the City vacation of above Council declaring its intention to order the closing up,,vacation mentioned highway. and abandonment of the above mentioned public highway, and setting Hearing date set. the hearing date thereon as May 23, 1955, at 7:3G o'clock P.M., Adopted. was adopted on motion of Councilman Bennett, seconded by Council - man Higbie and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None. n J J C The City Engineer recommended that the contract for the construc- tion of a sanitary sewer main and connections in Blocks 9 and 14 of Sections 2 and 3, Balboa Island, be awarded to the low bidder, Edwin L. Barkley of Costa Mesa, in the amount of $14,C95.40. On motion of Councilman Bennett, seconded by Councilman Wilder., Resolution No. 4321, being a resolution authorizing the execution of the contract, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCILMEN: None ABSERTCCOUNCILMEN: None. F R- 4321,authorizing execution of contract. Edwin L. Barkley,low bidder for constr. of sewer main, Bal.Is. Adopted. The City Clerk announces that this is the time and place set Time d place set for for hearing on the proposed Annexation of the "Upper Bay" in hearing on proposed Upper Resolution No. 4310. The Mayor declared the hearing opened and, Bay Annex. in R -4310. a protest from the County of Orange, asserting that property of Appraisers Goode and the area owned by the County constituted more than one half of Wallace statement of value the area to be annexed, was read. Stanley Goode, having been of rroperty claimed by theCty qualified as an expert appraiser,under oath, stated that the of Lrange. property claimed by the Bounty, being a navigable water way, must be considered in the same classification as a street, having no market value. Jack Wallace, having been qualified as an appraiser, under oath, stated that in his opinion the County's property had a potential market value of $2,225,000.00. County Counsel Joel Ogle, spoke from the floor urging that the City abandon the Annexation. Resolution No. 4322, being a resolution of the City Council R -4322, finding and deter - finding and determining that the value of the property located mining value of property within the proposed annexation, and owned by the County of Orange, in proposed annex, and is less than one half of the totAlvalue of the territory proposed owned by "range Cty. to be annexed, was adopted on motion of Councilman Bennett, seconded by Councilman MacKay and carried by the following roll call vote, to Adopted. wit: AYES, COUNCILMEN: Bennett, Wilder, Ridderhof, Hill. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. Ordinance No. 748, being MacKay, Stoddard, Higbie, AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS "UPPER BAY ANNEX ". was presented, and on motion of Councilman Bennett, seconded by Councilman Wilder and carried, the reading of the ordinance was waived. On motion of Councilman Bennett, seconded by Councilman Ridderhof, Ordinance No. 748 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill. NOES, COUNCLMEN: None. ABSENT COUNCILMEN: None. Ord. No. 748,Approving annexation known as "Upper Bay Annex." presented. Reading waived. Ord. No. X48, passed to second reading. On motion of Councilman Ridderhof, seconded by Councilman Wilder Adjournment, sine die and carried, the meeting was adjourned, sine die. ATTEST: City Clerk Ly Mayor