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HomeMy WebLinkAbout11/27/1950 - Regular MeetingNovember 27th, 1950. 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 councilmen answering present: Finch, Drake, Blue, Greeley, Isbell. The Mayor asked if any of the councilmen or anyone in the au- dienee 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 Blue, seconded by Councilman Greeley, and the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Drake, seconded by Councilman Blue and carried, the regular order of business was waived to permit the opening of certain bids. The City Clerk announced that this was the time and place for the opening of bids for furnishing and installing a water pipe line along State Highway ORA 60 -A, Balboa Blvd. and other streets and alleys in West Newport. The following bids were opened and read: A. B. C. Construction Co. - - - - - - $18,392.00 W. A. Robertson & Co. - - - - - - - - 16,151.60 Cannell & Losch - - - - - - - - - - - 16,386.00 On motion of Councilman Greeley, seconded by Councilman Finch and carried, the bids were referred to the City Engineer for checking. The City Clerk announced that this was the time and place for the opening of bids for the improvement of Balboa Blvd. from 12th to 15th Streets, and the improvement of 15th Street. The following bids were opened and read: Sully - Miller Contracting Co. - - - - - - $16,533. 70 J. J. Swigart Co. - - - - - - - - - - - 16,826.64 Oliver W. Scott & Son - - - - - - - 17,314.35 Cox Bros. Construction Co. - - - - - - 17,770. R. J. Noble Co. - - - - - - - - - - - - 18,424.10 On motion of Councilman Finch, seconded by Councilman Greeley and carried, the bids were referred to the City Engineer for checking. Bids for water pipeline opened and read. Bids for improvement of Balboa Blvd. read The Clerk reported that this was the time and place for the opening of bids received for eight street lighting standards with luminaires and appurtenances. The bid of the Pacific Union Metal Co., Pacific Union Metal Co. being the only bid received, was opened and read, the total amount bid for light standards. being $3,367.20. On motion of Councilman Greeley, seconded by Coun- cilman Drake, the bid was referred to the City Engineer for checking. The Clerk announced that this was the time and place set for the reception of bids for the Water Department Building at 2807 New- port Blvd. He stated that no bids had been received for this build- ing, and on motion of Councilman Hiue, seconded by Councilman Greeley and carried, the regular order of business was resumed. SPECIAL COMMITTEF,S. The City Manager, reporting for the special committee ap- pointed to negotiate with the Pacific Electric Railway for the ac- quisition of a right -of -way connecting Newport Blvd. and Balboa Blvd., asked for permission to employ competent appraisers to evaluate this property. On motion of Councilman Finch, seconded by Councilman Gree- ley, authority for this appraisal was granted by the following roll call vote: AYES, COUNCILMEN: Finch, Dr4e, Greeley, Isbell N "OES,.:COUNCILMEN:.: None ABSENT COUNCILMEN: Blue The City Manager reported that, with the City Engineer, he had conferred with John Vogel and Ed Allen on the requested estimate of cost for the projected Ocean Front canal. He stated that a request had been made to the District Engineer in Los Angeles for an expres- sion of opinion as to whether or not the Government would grand per- mission for access to the canal through the present jetty. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the report was ordered filed. COMMUNIPATIONS. The City Manager recommended that the City offer to purchase Lot 29, Block 15, Section B for alley purposes, for the amount of $2,000. On motion of Councilman Drake, seconded by Councilman Finch, No bids rec. for Water nept. Bldg. Re appraisal of land in proposed rt -of -way, P.E. Ry. Re proposed Ocean Ft. canal. Opinion of Dist. Eng. requested. City to purchase lot? om the City Manager was authorized to offer $2000.00 to the owners for the property, by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Blue Ord. 634. Re;..). Sec.3298.M.C. to 2nd read. Waived. Ord. 634 Adptd. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of H. W. Mc Cleary for a permit to break the curb for the purpose of access to his garage at 122 Opal Ave., having been held over from the previous Council meeting for the purpose of investigation, was granted on motion of Councilman Finch, seconded by Councilman Blue and carried. Ordinance No. 634, being AN ORDINANCE REPEALING SECTION 3298 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH was presented for second reading, and on motion of Councilman Finch, seconded by Councilman Drake, reading of the Ordinance was waived by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Drake, seconded by Councilman Gree- ley, Ordinance No. 634 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None r 1 u 0 r A request from the Shell 011 Co. to obtain water from the Shell Co. denied use municipal system for a period of approximately six months while of city water, in well an exploratory well is being drilled north east of Corona del Mar, drilling N.E. of CDM. was denied on motion of Councilman Drake, seconded by Councilman Finch and carried. The request of Major General W. N. Robinson, director of Civil Defense, for the nomination of regional Civilian Defense Civilian Defense coordinators, was read, and on motion of Councilman Finch, se- Coordins.tors. conded by Councilman Blue and carried, was referred to the Orange County League of Cities for mutual action. A letter from Felisa Rincon de Gautier, City Manager of San Juan, Porto Rico, stating that the overwhelming majority of the inhabitants of that territory are loyal American citizens, Letter from San Juan and asking that publicity be given to their repudiation of the P.R. re terrorism acts of terrorism which culminated in the attempted assassination and loyalty. of the President of the United States, was read. On motion of Councilman Drake, seconded by Councilman Finch and carried, the letter was ordered filed. Notification was received from the Metropolitan Water Dis- trict that the City Council might, if it so desired, declare its MWD notice re intention to pay out of the municipal funds the whole, or a part, payment. of the District's tax. On motion of Councilman Drake, seconded by Councilman Greeley and carried, the notification was ordered filed. The application of Vauj3�in Taylor for a license to operate a cafe at 2614 Newport Blvd. was granted, subject to approval by the health officer, on motion of Councilman Drake, seconded by Councilman Greeley and carried. The application of William Tambellini to operate a cafe at 819 Coast Highway, Corona del Mar, being a change of address, was granted subject to approval by the health officer, on motion of Councilman Greeley, seconded by Councilman Finch and carried. UNFINISHED BUSINESS.' The City Manager reported that in response to instruction from the Council, an investigation had been made of the sale of fish in the open air market at the Newport Pier, other than that Dory Fishermen. which is caught by the dory fishermen. He stated that the inves- Stopping sale of tigation revealed the facts to be as stated by Arthur Miller, Mrs. fish caught by others. Henry Wright and Mrs. Irene Woods. On motion of Councilman Finch, seconded by Councilman Greeley, the Council ordered that sale of fish other than that actually caught by dory fisherman be stopped, and that the existing buildings near the pier be removed before January lst, 1951. The motion was carried by the following roll call vote: Ord. 634. Re;..). Sec.3298.M.C. to 2nd read. Waived. Ord. 634 Adptd. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of H. W. Mc Cleary for a permit to break the curb for the purpose of access to his garage at 122 Opal Ave., having been held over from the previous Council meeting for the purpose of investigation, was granted on motion of Councilman Finch, seconded by Councilman Blue and carried. Ordinance No. 634, being AN ORDINANCE REPEALING SECTION 3298 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH was presented for second reading, and on motion of Councilman Finch, seconded by Councilman Drake, reading of the Ordinance was waived by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Drake, seconded by Councilman Gree- ley, Ordinance No. 634 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None r 1 u 0 r NEW BUSINESS. The resignation of John R. Daniell as a member of the Plan- ning Commission, due to his being called to active duty in the U.S. Coast Guard, was accepted on motion of Councilman Greeley, seconded by Councilman Blue and carried. 4 23 3 Resig. J.R.Daniell from Plan. Com. The claim of Charlotte Bothwell Thompson for damages to fur- niture, etc., in the sum of $576.40, caused by an overflowing sewer, C.d.Thompson damages, was referred to the City's insurance carrier, on motion of Councilman sewer overflow Greeley, seconded by Councilman Blue.and carried. The claim of Mrs. Margaret H. Cox, 304 Larkspur Ave., Corona del Mar, for compensation for injuries suffered in a sidewalk fall, was referred to the City's insurance carrier on motion of Councilman Blue, seconded by Councilman Greeley and carried. The oaths of office of Paul D. Stephens and William W. Pearson as Reserve Police Officers were approved, on-.motion of Councilman Drake, seconded by Councilman Finch and carried. The Oath of Office of 0. B Commission was approved on motion Councilman Greeley and carried. . Reed as a member of the Planning of Councilman Blue, seconded by Planning Commission Resolution No. 429, being a resolution denying the application of Lester R. Kelly for a variance in set back regulations on the westerly 30 feet and the southerly 49 feet of Lot 10, Block 5, Section 5, Balboa Island, was presented. On motion of Councilman Greeley, seconded by Councilman Blue, the Council concurred with the 131anning Commission in denying the application by the follow- ing roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution No. 430, being a Resolution grant- ing the application of Robert H. Ingram for a 50% variance in set back regulations on Lot 15, Block 4, Section 5, Balboa Island, was presented. On motion of Councilman Greeley, seconded by Councilman Blue, the Coun- cil concurred with the Planning Commission in granting the application, by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mrs. M.H.Cox, damages in fall from sidewalk. O.B. Reed to P1an.Com. I P1an.Com.Res.429 Kelly Variance denied Planning Commission _iesolution No. 431 being a resolution approv- ing the application of Fred C. Hamlin for a 50� rear yard variance in or- der to build a one -car garage on Lot 1 and 5 feet of Lot 2, Block 10, East Newport, was presented. On motion of Councilman Drake, seconded by Councilman Blue, the council concurred in granting the application by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: bone Planning Commission Resolution No. 432, mending that the Zoning Ordinance be amended to set back as it applies on the south side of Oce+ for that property which is included between the tions of Larkspur Ave. and Poinsettia Ave., and cribed in the Deed of Restrictions executed by and provided that the lower Access Road project Council, was presented. being a resolution recom- remove�'front yard 10 foot in Blvd., Corona del Mar, southwesterly prolonga- more specifically des - the owners thereof, Is approved by the A letter from the Corona del Mar Civic Association requesting ' that in the event an assessment district is formed to build the pro- posed lower road, bluff property owners be assessed enough to provide sewer facilities for their properties, was read. The Association also requested that no additional septic tanks or cesspools be per- mitted on any of the bluff or beach properties, and recommended that pumps be installed to pump sewage to now- existing lines. A letter from Mrs. R. E. Wenger, opposing the set -back provision ' made for the Access Road was also read. Mayor Isbell called for discussion from the floor, and Colonel William Smith stated that in his opinion the beach was in danger of being polluted by sewage effluent from the Bluff houses already built. The City Engineer stated that tentative plans for the Access Road Included the installation of a collection line to serve the proper- ties thereon. He also stated that eventually a pumping station to serve the State Beach and adjacent area would have to be installed. Mayor Isbell pointed out that the problem of sewage disposition was not up for consideration at this time. Attorney Mark Soden read a P1an.Com.Res.430 Ingram variance granted. P1an.Com.Res.431 Hamlin Variance granted. P1ah.Com.Res.432. 10 ft. setback on Ocean Blvd. CDM ?? Letter from CDM Civic ADen. re sewage on Bluff. Access Road Discussion- Sewage problem. 424 communication from W. T. Jefferson urging the installation of sewer outlets and pumping equipment before cliff residences are completed. Mayor Isbell stated that if the hazard of beach pollution was as great as Mr. Jefferson and Colonel Smith indicated, it would seem that something should be done. Councilman Finch said that he be- lieved a report should be secured from the County Health Officer, and on motion of Councilman Drake, seconded by Councilman Finch and carried, the communication of Mr. Jefferson was referred to the County Health Officer for investigation and report. On motion of Councilman Drake, seconded by Councilman Blue, the City Engineer was instructed to prepare plans and specifications for the Access Road by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution No. 433, being a resolution ' Plan.Com. Res.433 recommending that the Commission's final report on the proposed Land Use and Zoning Plan be adopted, was presented. On motion of Council- man Greeley, seconded by Councilman Blue and carried, the Council Ord. 635. Zoning. accepted the recommendation of the Planning Commission, and the read - Introduced. ing of Ordinance No. 635, setting up precise zoning regulations, was waived. On motion of Councilman Drake, seconded by Councilman Finch, Ord. 635 to 2nd read. Ordinance No. 635 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney then pointed out that the waiving of the reading of Ordinance No. 635 should have been accomplished by a roll -call vote. On motion of Councilman Drake, seconded by Coun- cilman Greeley, action of the council in passing Ordinance No. 635 to second reading, was rescinded by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman ' Finch, action of the Council waiving the reading of Ordinance No.635 i4p rescinded; by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Blue, the reading of Ordinance 635 was waived by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Blue, seconded by Councilman Greeley, Ordinance No. 635 was passed to second reading by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Reference to the minutes of October 9th, 1950 was made by ' Mayor Isbell, wherein the hearing on the proposed zoning Ordinance No. 635 was continued to this date, and the Mayor declared the con - Continued hearing on tinued hearing open. Miss Kate Me Cann spoke from the floor, urging Zoning. that the definition of "family" be retained in the new ordinance as it appeared in existing Ordinance No. 525, instead of the new defi- nition as proposed by the planning consultants. The City Attorney stated that in his opinion there was little difference in the effect of the definitions. Mayor Isbell stated that expert advice had been obtained in the drafting of the proposed ordinance, and that since ' the City Attorney explained there was no effective difference between the definitions, he saw no reason why the advice of the planning con- sultants should not be followed. There was some discussion from the floor regarding the rezoning. of parts of Blocks 131 and 132, Corona del Mar, from R -1 to R -2. Coun- CDM zoning hearinL cilman Finch said that inasmuch as the two half- blocks in question are cont'd to Dec. 11 completely surrounded by R -2 and R -3 properties, it alas much more like- ly that desirable development of the properties would ensue from R -2 zoning than from R -1. After some further discussion from the floor, the hearing was declared continued until December 11th. H. Morgan Noble, Harbor Engineer, submitted a letter stating that t)ae proposed pierhead lines in the channel approaching the Rhine, as shown in Plan 75 -1936, approved by the City Council on February 14, 1950, were located on the U. S. Project Line with the exception of the line between Stations 120 and 121. It was recommended that modified U. S. pierhead lines be located 10 feet shoreward of the U. S. Project Lines between Stations 120 and 121. On motion of Councilman Finch, seconded by Councilman Greeley, the recommendation was approved by the follow- ing roll call vote: AYES, COUNCILMEN, Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A resolution of the Board of Supervisors of Orange County, under date of November 14, 1950, granting to the City of Newport Beach the sum of $9,818.00, payable out of the County's apportion- ment of the California Highway Users Tax Fund, and finding that ' the improvement of Balboa Blvd. in the manner described in the City's request of October 30th, 1950, was in the general county interest of the County of Orange, was read. Resolution No. 3539, being a resolution accepting the grant of aid from Orange County for Balboa Blvd. improvement, and approv- ing an agreement between the County of Orange and the City of Newport Beach for the aforesaid improvement, was adopted on motion of Coun- cilman Greeley, seconded by Councilman Blue and carried by the fol- lowing roll call vote:. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3840, being a resolution authorizing the Mayor and City Clerk to execute a contract with an actuarial firm for au- dit of the State Employees' Retirement System, as required by law, in the amount of $212.25, was adopted on motion of Councilman Blue, seconded by Councilman Greeley and carried by the following roll call vote: The bid of W. A. Robertson Co. in the amount of $16,151.60, ' being the low bid, on motion of Councilman Greeley, seconded by Councilman Blue, Resolution No. 3843 accepting the bid and award- ing the contract to W. A. Robertson Co., was adopted by the fol- lowing roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES COUNCILMEN: None ABSENT COUNCILMEN: None 425 U.S. Pierhead Lines. Letter from H.M. Noble 0. C. Bd. of Super. Res. re Gas Tax funds for Impr. of Balboa Blvd. Res. '1970 "nceot. aid from Orange Cc for Balboa.,Blv.Imp Res. 3840. Audit of State Ret.Fund $8,300.00 pledge to Chamber of Com.Ship Office, Contract. Proposed site for Chamber Ship Office Res, 3842 Pac. Union Metal awd. contract for 5 light standards. Res. 3843. W. A. Robertson Co. Awd. bid for pipeline. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' Resolution No. 3541, being a resolution approving pledges in the amount of $8,300.00 under the contract between the City of Newport Beach and the Chamber of Commerce, and authorizing the Mayor and City Clerk to execute the agreement, was adopted on motion of Councilman Greeley, seconded by Councilman Finch and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Isbell appointed Councilman Finch and City Manager Sailors a committee to negotiate with the O riffith Co. regarding the transfer of an existing lease in order that a site for the proposed Chamber of Commerce Ship - Office may be provided. The City Engineer reported that he had checked the bids referred to him and recommends as follows: Eight light standards with luminaires and appurtenant parts: The bid of Pacific 'onion Metal Co. in the amount of $3,367.20 was the only bid received. On motion of Councilman Greeley, seconded by Councilman Blue, Resolution No. 3842 awarding the contract to the Pacific Union Metal Co., was adopted by the following roll call vote: ' AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Furnishing and installing a water pipeline: The bid of W. A. Robertson Co. in the amount of $16,151.60, ' being the low bid, on motion of Councilman Greeley, seconded by Councilman Blue, Resolution No. 3843 accepting the bid and award- ing the contract to W. A. Robertson Co., was adopted by the fol- lowing roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES COUNCILMEN: None ABSENT COUNCILMEN: None 425 U.S. Pierhead Lines. Letter from H.M. Noble 0. C. Bd. of Super. Res. re Gas Tax funds for Impr. of Balboa Blvd. Res. '1970 "nceot. aid from Orange Cc for Balboa.,Blv.Imp Res. 3840. Audit of State Ret.Fund $8,300.00 pledge to Chamber of Com.Ship Office, Contract. Proposed site for Chamber Ship Office Res, 3842 Pac. Union Metal awd. contract for 5 light standards. Res. 3843. W. A. Robertson Co. Awd. bid for pipeline. W11 On motion of Councilman Drake, seconded by Councilman Finch, the meeting was adjourned, sine die. Mgr ATTEST: ' . City eri For the improvement of Balboa Blvd. from 12th to 15th Sts.: Aes . 3 seams• The bid of Sully - Miller Contracting Co. in the amount of Sully -Mill qr awd. $16,533.70, being the low bid, on m6ti0nnof Councilman Greeley, contract for paving; seconded by Councilman Finch, Resolution No. 3544 accepting the Balboa Blvd. bid was adopted by the following roll call vote: 12 -15 sts. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer requested approval of plans and specifica- ' tions for 2500 lineal feet of curb to be installed in Balboa Blvd. Approval of Plans & between 6th and 9th Streets. On motion of Councilman Finch, second - Spec. 2500 ft. curb. ed by Councilman Drake the plans and specifications were approved by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None , On motion of Councilman Blue, seconded by Councilman Greeley, Uniform Wage adoptd. the Uniform Wage Scale was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Blue, seconded by Councilman Greeley, Clerk to call for bids. the City C lerk was instructed to call for bids, by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Drake, seconded by Councilman Finch, the meeting was adjourned, sine die. Mgr ATTEST: ' . City eri