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Home My WebLink About02/27/1950 - Regular Meeting332 February 27, 1950. The City Council of the City of Newport Beach met in regular ses- sion in the council chambers of the City Hall at the hour of 7:39 P.M. The roll was called, the following councilmen answering present: Greeley, Robertson, Isbell, Blue, Drake. The Mayor asked if any one of the councilmen or anyone in the audience wished the minutes of the previous meeting or any part thereof read; no one responded, and the reading of the minutes was waived. Certain demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, were ordered paid on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following roll call vote, to-wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Blue, seconded by Councilman Greeley, the regular order of business was waived to permit the holding of a hearing on the proposed Access Road in Corona del Mar, by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None IN THE MATTER OF THE PROPOSED GRADING, PAVING, CONSTRUCTION HEARING ON OF CEMENT CURB, SANITARY SEWERS, WATER MAINS, FIRE HYDRANTS, ACCRSS ROAD DRAINAGE STRUCTURES, GUARD RAIL AND APPURTENANT WORK IN A CORONA DEL MAR PORTION OF OCEAN BOULEVARD (CORONA DEL MAR) SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FILED JANUARY 9, 1950. HEARING OF PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGA- TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", DIVISION IV OF THE STREETS AND HIGHWAYS CODE. The City Clerk reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engin- eer for certain street improvements in a portion of Ocean Boulevard (Corona del Mar) and approved by the City Council of said City on the 9th day of January, 1950, in accordance with the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" of the Streets and Highways Code to -wit: Monday, the 27th day of February, 1950 being the day and the City Council chambers of said City being the place fixed for such hearing. The Clerk also reported that on the 19th day of January, 1950, he deposited, or caused to be deposited in the United States mail with postage prepaid, a notice of the time and place of hearing upon said writ- ten report, all in the manner and form required by Sections 2851, 2852 and 2853 of said Code, and that an affidavit in proof of said mailing is now on file in the office of the City Clerk and of the City Council of said City; and more than thirty (30) days having elapsed °since the date of such mailing, the said City Council has acquired power to proceed with the hear- ing in said matter, pursuant to said code. The Mayor of the City of Newport Beach, being the presiding officer of the City Council, then announced that the first order of the hearing would be the reading of said written report, except as to the map, plat or diagram, and the assessed valuations and true valuations of, and the assessments and estimated assessments upon the individual parcels of land, before protests would be considered. Thereupon, the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections to the doing of the things proposed in said written report had been filed with him in said mentioned matter. The Clerk reported that five written protests had been filed with him prior to the time se.t for the hearing, by the following persons: N. A. ROUSSELOT. Lots 5 & 6, Block 141. LEO B. MC GAVREN " 3 and portions 2 & 4, Block 140 PAUL PAINE " 1 and portion 2, Block 142. HERBERT F. BROWN 2 & 3, Block 142. A. W. SMITH " 6, 7 & 8, Block 140. and each and every protest so filed was then read, reference being hereby made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any persons who would be entitled to protest or object to the doing of the things proposed to be done, desired to make oral protests or objections, and stated that such persons would now be heard. The following spoke from the floor: 0 N r a 333 MR. CHARLES FIPPS, in favor. ATTY. MARK SODEN, representing Mr. W. T. Jefferson, owner of four lots excluded from the proposed district. HEARING ON MR. REX BRAND —`P, Lot 12, Tract 1257, protesting. ACCESS -ROAD CDM MR. WALLACE CALDERHEAD, owner of lots outside proposed district. CONT'D. COL. A. W. SMITH, protesting against.the spread of the assessment. MR. FEHRENBACH, protesting. MR. W. V. EMPIE, representing the Citizens National Bank of Los Angeles: in favor. DR. ROBERT BURT: In favor. MR. HOYT: In favor. MR. ALAN STELLE: In favor. MR. LEO B. MC GAVREN: Protesting utility poles; and others. Each addressed the City Council on the matter of said written report and the doing of the things proposed in said written.report, and propounded many questions as to.the amounts of the various estimated assessments upon the individual parcels of land, and the benefits and losses to be sustained thereon. After a full and thorough hearing had been had in said matter and an opportunity having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having con- sidered the written report filed by the Engineer in said matter, the City Council deemed it advisable that the hearing be continued for the purpose of checking the protests. Thereupon, the following motion was made by Councilman Isbell: That all written protests be referred to the City Engineer for check- ing and report, and that further consideration of said matter be continued until the hour of 7 :30 P.M. of March 13th, 1950. Said motion being duly se- conded by Councilman Greeley, the same was carried by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Pursuant to instructions heretofore given, the City Engineer presented Plan No. 427, consisting of one sheet, together with specifications for the construction of sidewalk and curb in the Northeasterly side of Ocean Front between 30th and 36th Streets, said improvement being substantially the same as set forth in the Engineer's report heretofore considered by the City Council, under the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931". Whereupon Councilman Robertson moved that said plans and specifications be approved, which motion was seconded by Councilman Greeley and carried. Councilman Blue offered and moved the adoption of Resolution No. 3768, being a Resolution of Intention for the improvements provided under Plan No. 427, which motion was seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN:.None The time and place of Monday, March 27th, 1950, at 7:30 P.M. in the Council Chambers at the City Hall was set for a hearing of objec- tions to the proposed work or improvement, and notice was given that the protests must be in writing and must be delivered to the City Clerk prior to the time set for the hearing. On motion of Councilman Greeley, seconded by Councilman Robertson and carried, the regular order of business was resumed. CITY MANAGER'S REPORTS. Authority was requested for the execution of a lease to John Rus- sell Kirkpatrick on a Corama del Mar concession, located on Lot 2, Block A -36. The terms of the lease to be $1,500.00 minimum guaranteed, or 8% of the gross receipts, whichever is the greater. Payments of the minimum guaranteed ren- tal to be $500.00 with the lease, $500.00 on July 15th, 1950 and $500.00 on September 1st, 1950. On motion of Councilman Isbell, seconded by Councilman Blue, the lease was approved and the Mayor and City Clerk authorized to exe- cute the same by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' Authority was requested for the execution of a lease to Peter J. Matthews, covering Corona del Mar concession located on Lot 1, Block A -.36 for the period of December lst, 1949 to October 1st, 1950. Terms of the lease to be $1,000.00 minimum guaranteed rental, or 8% of the gross rev- enue of the concession, whichever is the greater. Payments of the minimum guaranteed rental to be $250.00 with the lease, $ 00.00 on July 15th, 1950, and $250.00 on September 1st, 1950. A charge of 60.00 per month to be made in addition, for the use of the apartment in the same building with the concession. On motion of Councilman Greeley, seconded by Councilman Robertson, the lease was approved and the Mayor and City Clerk authorized to execute the same on behalf of the City, by the following roll -call vote, to -wit: AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT_ COUNCILMEN: None PLAN NO 427 APPROVED RES. NO. 3768 RES. No. 3772 CDM Concession Lease to Kirk- patrick. .RTS. NO-3771 CDM Concession Lease to P.J. Matthews The designation of certain protected swimming areas in the Bay, Protected Swim which had been tabled at the Council - meeting on 'January 23rd, 1950, was taken Areas in Bay 334 from the table and the following areas presented for approval: Onyx Ave. at South Bay Front, Balboa Island. Ruby at North Bay Front, Balboa Island. "N" Street on Balboa Peninsula China Cove at Corona del Mar Bay Island at Balboa. On motion of Councilman Isbell, seconded by Councilman Greeley, the above - mentioned protected swimming areas were estab- lished by the following roll -call vote, to -wit: AYES, COUNCILMEN, Greeley, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. Protected swim areas approved. Robertson, Isbell, Blue, Drake A communication from the West Newport Improvement Association, asking that steps be taken to dredge the West Newport Channel Area, was W. NEWPORT IMP. read, and on motion of Councilman Isbell the communication was referred ASSN. REQUEST to the Joint Harbor Commission with instructions that an effort be made FOR DREDGING. to secure County aid in the proposed dredging. The motion was seconded by Councilman Greeley and carried. Mr. Tom W. Henderson, chairman of the Joint City and Chamber of Commerce Committee for the location of the proposed Chamber of Commerce ship office, presented a request to the Board of Supervisors of Orange Chamber of Com. County, asking the negotiation of an exchange of leases on County and City Ship Office, property in the County Dock area to enable the establishment of a site for Site for. the proposed ship. The request was approved on motion of Councilman Greeley seconded by Councilman Blue, and carried by the following roll -call vote, to wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A communication from Francis J. Horvath representing the West Newport Beach Improvement Association, thanking the Council for cooperation regarding street improvements, ocean front sidewalk and the contribution toward a park and recreation center was read, and on motion of Councilman Blue, se- conded by Councilman Greeley and carried, was ordered filed. A letter to Mayor Drake from Lieutenant Commander C. E. Allmon of the U.S.S. PCE 882, expressing thanks for recent hospitality extended to himself and crew during a visit to Newport Harbor was read, and on mo- tion of Councilman Robertson, seconded by Councilman Greeley and carried, was ordered filed. A letter from Rev. Harry W. White relative to a recent protest regarding the use of the Mayflower house on Coral Avenue as a church, and Rev. H.W.White asking that any action be deferred until they had made a bid for said prop - re proposed church erty, was read. On motion of Councilman Robertson, seconded by Councilman site on Coral Ave. Isbell and carried, the letter was ordered filed. AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None UNFINISHED BUSINESS, ORDINANCE #614 ORDINANCE NO. 614, BEING AN ORDINANCE ADDING SECTIONS Adopted. 4231, 4232 and 4233 TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT.BEACH, PROHIBITING THE DISCHARGE OF FIREARMS AND AIR GUNS WITHIN THE CITY OF NEWPORT BEACH, AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF was presented and, on motion of Councilman Robertson, seconded by Councilman Greeley, reading of the ordinance was waived by the following roll -call vote, to wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from Thomas F. Roche protesting the acquisition of a ship for the Chamber of Commerce office at Newport Beach, inasmuch as the cost Re Chamber of for this would indirectly reflect on the taxpayers of the community, was Commerce Shi- read, and on motion of Councilman Robertson, seconded by Councilman Greeley Office, proteet. and carried, the letter was referred to the Chamber of Commerce for reply. A petition signed by nine residence of the 100 block of 39th St -, Newport Beach, requesting that the south side of this block be designated a no- parking area and the curb painted red, was referred to the Traffic Committee for study and report at next meeting, on motion of Councilman Isbell, seconded by Councilman Greeley and carried. An application for permit for fruit processing was presented by Earl H. Dahlman and was granted, subject to approval of the Health Depart- ment on motion of Councilman Isbell, seconded by Councilman Robertson and carried. A communication from Rev. Thomas M. Gibson requesting annexation RES. {#3769. of the property containing St. Andrews Presbyterian Church, to the City of ANNEXATION OF Newport Beach, was read, and on motion of Councilman Robertson, seconded PRESBYTERIAN by Councilman Isbell, Resolution No. 3769, being a resolution giving notice CHURCH SITE. of proposed annexation of the Presbyterian Church site, was adopted by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None UNFINISHED BUSINESS, ORDINANCE #614 ORDINANCE NO. 614, BEING AN ORDINANCE ADDING SECTIONS Adopted. 4231, 4232 and 4233 TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT.BEACH, PROHIBITING THE DISCHARGE OF FIREARMS AND AIR GUNS WITHIN THE CITY OF NEWPORT BEACH, AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF was presented and, on motion of Councilman Robertson, seconded by Councilman Greeley, reading of the ordinance was waived by the following roll -call vote, to wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Robertson, seconded by Councilman Greeley, the Ordinance was adopted by the following vote: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS. A communication from the Newport Harbor Motors relative to trading a Plymouth Special Deluxe Four door sedan for a Chrysler Royal now in the possession of the Police Department, plus $250.00 additional payment, was read and, on motion of Councilman Isbell, seconded by Councilman Blue and carried, the proposition was accepted by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Contracts with the Southern Counties Gas Co. of California for ' extension of service to the City Disposal area at the Southeast corner of Newport Ave. and 15th Street, Costa Mesa, were presented, and on motion of Councilman Isbell, seconded by Councilman Blue, the contracts were approved and the Mayor and City Clerk were authorized to execute them by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A lease agreement with the Pacific Electric Railway Co. cover- ing the location of a 12" storm drain pipeline across Pacific Electric right of way at 57th Street and Seashore Drive, Newport Beach, was pre- sented and, on motion of Councilman Greeley, seconded by Councilman Robertson, the lease was approved, and the Mayor and City Clerk were authorized to execute the lease by the following roll -call vote, to -wit: 335 Chrysler of Police Dept. to be traded for Plymouth. Gas service for Disposal area contracts approved. P.E. R.R. Storm Drain Lease. AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3770, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES ' FOR THE MUNICIPAL ELECTION TO BE HELD IN THE CITY OF N94PORT Res. No. 3770 re BEACH ON TUESDAY THE 11th DAY OF APRIL 1950, and PROVIDING April 11th Municipal FOR THE OPENING AND CLOSING OF THE POLLS AND THE COMPENSATION Election. OF ELECTION OFFICERS was presented by the City Clerk and adopted on motion of Councilman Rob- ertson, seconded by Councilman Isbell and carried by the following roll - call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A quitclaim deed to Raymond W. Ager and Margaret C. Ager cover- ing Lot 6, Block 56, Ocean Front Tract, more particularly described in the above mentioned deed, was presented for approval, and on motion of Quitclaim deed to Councilman Isbell, seconded by Councilman Greeley, the deed was approved Ager & Ager by the following roll -call vote, to wit: Rewest for auth. to call for bids' for metal pipe granted to Mr. Webb. Appropriation of $100.00 for High School art exhibit proposed. AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City Engineer J. B. Webb requested authority to purchase 1500 linear feet of 12 inch corrugated metal pipe and 420 linear feet of 18 inch corrugated metal pipe for installation in Balboa Boulevard between 16th and 19th Streets. On motion of Councilman Robertson, se- conded by Councilman Greeley, the specifications were approved, and the City Clerk instructed to call for bids, to be submitted at the next regular meeting, by the following roll call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' The Mayor suggested that an appropriation of $100.00 be made for a prize to be awarded at the Newport Harbor High School Art Exhibit, this sum being the same as was appropriated last year. On motion of Councilman Robertson, seconded by Councilman Greeley and carried, the Mayor °s request was referred to the Chamber of Commerce as the adver- tising agency of the City, for study and report. Rewest for auth. to call for bids' for metal pipe granted to Mr. Webb. Appropriation of $100.00 for High School art exhibit proposed. Ord. No. 615. Major Disaster. ORDINANCE NO. 615, being an ORDINANCE REPEALING SECTIONS 2500 THROUGH 2509 OF THE _ MUNICIPAL CODE AND ADDING SECTIONS "2500 "THROUGH 2509, CREATING PROCEDURE TO BE FOLLOWED IN A MAJOR DISASTER. was presented by the Special bell, seconded by Councilman by the following roll -call v AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: City Counsel, and on motion of Councilman Is- Greeley, reading of the Ordinance was waived ate, to -wit: Greeley, Robertson, Blue, Isbell, Drake. None None On motion of Councilman Isbell, seconded by Councilman Blue, the ordinance was passed to second reading by the following roll call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Drake announced the following appointments under the above ordinance: Commander: City Manager John J. Sailors. Vice- Commander: Chief of Police R. R. Hodgkinson. Executive Officer: T. Weston Jay. ChIeT, Law & Order Division: Chief of Police R. R. Hodgkinson Chief of Fire Division: Fire Chief Frank Crocker Chief of Medical Division: Dr. John N. Osburn. Chief of Public Works Division: City Engineer J. B. Webb. Chief of Utility Division: Water Superintendent John McMillan. Chief of Transportation: Dale Ramsey Chief of Communications: Ted - Hambrook. Chief of Red Cross: L. L. Loveland. Chief of Personnel and Recruiting: Executive Officer: T. Weston Jay. Members: Francis Horvath. Sandy McKay Maurie Stanley Rst�urt Fitzmorris Also appointed were the Commander of the Power Squadron, and Mark Healey, representing the Coast Guard Auxiliary. Res. No. 3771. Resolution No. 3771 being a resolution instructing the Special Chamber of Com. City Counsel to draft an agreement between the City and the Chamber of Ship - Office. Commerce covering the building of the proposed ship - office for the Chamber of Commerce was presented, and on motion of Councilman Robertsono seconded by Councilman Greeley and carried, was adopted by the following roll -call vote, to --wit: On motion of Councilman Isbell, seconded by Councilman Greeley and carried, the meeting was adjourned, sine die. ATTEST: � JZD City Clerk i$ ayor f �i 1 AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Speaking from the floor, Mr. Dean Ward urged that action be taken to end the nuisance created by the Ward- Harrington incinerator. He stated Ward - Harrington that he had been advised that it was .in violation of a city ordinance, and incinerator nui- asked that steps be taken to prosecute the violation. On motion of Coun- sance ref. to P.D. cilman Blue, seconded by Councilman Greeley amdxrizd, the City Manager for action. was instructed to have the Police Department take action on this complaint# but the motion was not put to vote. The City Manager stated that it was his recommendation that all Autcmntive bids for automotive equipment which had been received at the January 9th bids rejected. meeting be rejected. On motion of Councilman Isbell, seconded by Councilman Robertson, the bids were rejected by the following roll -call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue. NOES, COUNCILMEN: Drake. ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Greeley and carried, the meeting was adjourned, sine die. ATTEST: � JZD City Clerk i$ ayor f �i 1