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HomeMy WebLinkAbout12/12/1955 - Regular MeetingHER December 12, 1955 Regular Session. 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. , Roll CA-11'. The roll was called, the following members being present: Councilmen Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Apnroval of_M_inutes. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, the reading of the min- utes of November 28, 1955 was waived and they were ap- proved as written and ordered filed. Hearing for protests against Mayor Hill announced that this was the time and annexation of Harbor High- place fixed for the hearing of protests, if any, against lands. the annexation of Harbor Highlands to the City of New- port Beach. There were no protests, and on motion of Councilman Stoddard, seconded by Councilman Bennett and carried, the hearing was closed. R -4411, calling for a special On motion of Councilman MacKay, seconded by Council - election on Feb. 14, 1956 man Ridderhof and carried, Resolution No. 44111 being a re annexation of Harbor High- resolution of the City of Newport Beach calling for a lands. Adopted. special election to be held on the 14th day of February, 1956, pertaining to the annexation of Harbor Highlands Annex, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, ' Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None COMMUNICATIONS Security -First National Bank A letter from the Security -First National Bank of of Los Angeles re lease be- Los Angeles, dated November 29, 1955, was presented. tween the City and J._A. Beek. Said letter, regarding the lease between the City of Referred to C. Atty. Newport Beach, Lessor, and J. A. Beek, Lessee, sets forth the inquiry as to whether or not the City of New- W. Coast Highway. Approved. port Beach will accept payments from a sublessee in oil and accessories, being a change the event of the default on the part of Mr. Beek. On motion of Councilman MacKay, seconded by Councilman ship, was Bennett and carried, this matter was referred to the Wilder, City Attorney. App. for Transfer of Alcoholic A copy of the Application for Transfer of Alcoho- Beverage License of Homer M. lic Beverage License of Homer M. Smith, Balboa Market, Smith. 608 East Balboa Bouleyard, was presented. On motion of approved. Councilman Wilder, seconded by Councilman Stoddard and carried, said communication was ordered filed. C. Atty. to draw up ordinance The Clerk announced that the City Clerk of Santa providing regulations for the Ana had forwarded a copy of Santa Ana's Ordinance pro - prevention of underground or viding regulations for the prevention•of pollution of , surface waters. underground or surface waters, and authorizing the County of Orange to act as enforcement agency for the City of Santa Ana. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said matter was referred to the City Attorney to draw up a similar ordinance for the City Council of Newport Beach to adopt. West Newport Improvement Assn, A letter from the West Newport Improvement Associa- Newport Island Inc., and Cen- tion, Newport Island Incorporated, and Central Newport tral Newport Community Assn. Community Association, regarding unpleasant odors emanat- re unpleasant odors emanating ing from the Orange County Sewer Treatment Plan, was from the Orange County Sewer read. Said letter requests that the undersigned organ - Treatment Plan. izations be advised as to what action had been taken to alleviate the situation. On motion of Councilman Stod- dard, seconded by Councilman Bennett and carried, the City Manager was instructed to reply to this letter and inform the organizations what action the City has taken in connection with this matter. Mr. Edward Healy spoke from the floor,and in reply, the Mayor stated that the Sanitation Board is aware of the situation, and that Mr. Nelson is pursuing the matter. Councilman Stoddard stated that the City has taken action and that the County must take the next steps. LICENSES Ernest La Church, to conduct The conduct a Application for License of Ernest L. Union Service Station at 3939 West Church to Coast High - ' Union Service Station, 3939 W. Coast Highway. Approved. way, gas, oil and accessories, being a change of owner- ship, was presented. On motion of Councilman Wilder, seconded by Councilman Bennett and carried, said appli- cation was approved. The Application for License of Joseph Roudot, to operate a restaurant at 2325 East Coast Highway, Corona del Mar, (Joe's Restaurant and Bar) being a change of ownership, was presented. On motion of Councilman MacKay, seconded by Councilman Bennett and carried, said application was approved. The Application for Exempt License of Orpha F. Hogan, 321 Poppy Avenue, Corona del Mar, to sell Real Silk hosiery, house to house, was presented. On motion of Councilman Bennett, seconded by Councilman Ridderhof and carried, said application was referred to the City Attorney. The Application for License of William S. Cleman and Joseph W. Grant, 513 Fernleaf, Corona del Mar, to conduct the business of diving at Newport Harbor for underwater salvage, inspection of seawalls, pilings, floats, moorings, recovery of all lost articles, was presented. On motion of Councilman Bennett, seconded by Councilman Wilder and carried, said application was approved subject to the approval of the City Engineer and the City Attorney. Mr. William S. Cleman spoke from the floor and stated the need of the City of New- port Beach for the services offered. Several Council- men expressed their appreciation to Mr. Cleman and Mr. Grant for bringing this type of service to the harbor area. The Application for ment Co. Dick Luebbert, game at 610 East Balboa, which had been presented Councilman Wilder, secon License of Golden West Amuse - 1968 Costa Mesa, for a skill (Shuffle Alley at Vaux Cafe) previously, was, on motion of led by Councilman Ridderhof and Joseph Roudot, to operate a restaurant at 2325 E. Coast Highway. Approved. Orpha F. Hogan, 321 Poppy Ave. to sell Real Silk hosiery, house to house. Ref. to City Atty. William S. Cleman and Joseph Wo Grant, 13 Fernleaf, CDM, to conduct the business of diving for underwater salvage, etc. Approved subject to the approval of the C. Atty. and C. Eng. Golden West Amusement Co., Dick Luebbert. 19� 66 Costa Mesa for a skill game at 810 East Balboa, Vaux Cafe. Approved. carried, approved in the same manner as the similar ap- plications were approved, at the Council Meeting of Novem- ber 28, 1955, by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, Higbie, Ridderhof NOES, COUNCILMEN: MacKay, Stoddard, Hill ABSENT, COUNCILMEN: None UNFINISHED BUSINESS Ordinance No. 762, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND- ING SECTION 6134 OF ARTICLE VI OF THE MUNICIPAL CODE ENTITLED "PERMITS" Ordinance No. 762 re permits. was presented. On motion of Councilman Ridderhof, sec- Second reading waived. onded by Councilman MacKay and carried, the second read- Adopted, ing of Ordinance No. 762 was waived. On motion of Council- man Bennett, seconded by Councilman Ridderhof and car- ried, Ordinance No. 762 was adopted by the following roll .call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Ordinance No. 763, being an ordinance adding the Ordinance N,,. 761, adding territory of "Upper Bay Annex" to the Third and Fourth the territory of "Upper Bay Districts, and adding the territory of "First Addition Annex" to the Third and Fourth to Irvine Terrace Annex" to the Seventh District, was Districts, and adding the ter presented. On motion of Councilman MacKay7 seconded by ritory of "First Addition to Councilman Wilder and carried, the second reading of Irvine Terrace Annex" to the Ordinance No. 763 was waived. On motion of Councilman Seventh District. 2d reading MacKay, seconded by Councilman Wilder and carried, Ordin- waived. Adopted. ance No. 763 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ADDITIONAL BUSINESS The Clerk presented the Application for Permit to install one 550 gallon waste oil tank, for Standard Oil ' Station at 21st and Balboa, which had been approved by the Fire Prevention Bureau of Newport Beach. On motion of Councilman Bennett, seconded by Councilman MacKay and carried, said application for permit was approved. Application for Permit to install one 550 gallon waste oil tank, for Standard Oil Station at 21st and Balboa. Approved. b Councilman Higbie appointed a Mayor Hill announced that Councilman MacKay, be- member of the Harbor Committee,cause of the pressure of other business, had asked to Councilman MacKay being re- be relieved from his position as a member of the Harbor lieved. Committee. Mayor Hill stated that Councilman Higbie had agreed to replace Councilman MacKay on said com- mittee. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, Councilman Higbie was appointed as a member of the Harbor Committee. R -4412 Approves the annexa- tion by the County Sanitation District No. 5 of certain off- shore tidelands belonging to the City. Adopted. Resolution No. 4412, being a resolution approv- ing the annexation by the County Sanitation District No. 5 of certain offshore tidelands belonging to the City, was presented. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, said reso- lution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R -4413 Acceptance of the con- The City Engineer presented Resolution No. 4413, veyance of sanitary sewer ease -being a resolution of acceptance of the conveyance of ment in Cliff Haven sewer dist- sanitary sewer easement in the Cliff Haven sewer dis- rict, executed by The Irvine trict, executed by The Irvine Company, and an accdp- Company, and an acceptance of tance of the consent to the conveyance by Charles consent to conveyance by CharlmHansen and Betty Hansen. On motion of Councilman and Betty Hansen. Adopted. Bennett, seconded by Councilman Ridderhof and carried, Resolution No. 4413 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R -4414 Acceptance of the con- The City Engineer presented Resolution No. 4414, veyance of sanitary sewer ease -being a resolution of acceptance of the conveyance of ment in Cliff Haven sewer dist- sanitary sewer easement in the Cliff Haven sewer dis- rict, by Robert H. Olander and trict, executed by Robert H. Olander and an acceptance an acceptance of consent to of the consent to the conveyance by Muriel Gay. On conveyance by Muriel Gay. motion of Councilman Ridderhof, seconded by Councilman Adopted. Bennett and carried, Resolution No. 4414 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R -441 Res. of Intention of the The City Engineer present Resolution No. 4415, City to amend the zoning ord- being a resolution of intention of the City to amend inance to charge certain pro- the zoning ordinance to change certain property, i.e., perty in comnection with the Lots 11, 12, 13, 14, 15, and 16 of Block 117, Section Trailer Park improvement. B, from R -3 to R -4 zone, in comnection with the im- Adopted. provement of the Trailer Park. On motion of Council - man Bennett, seconded by Councilman MacKay and carried, Resolution No. 4415 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Engineer instructed to notify all residents in Cliff Haven as to when they will ee required to.connect to the new sewer system. The City Engineer stated that he would like to have clarification as to when the property owners should be required to connect to the new sewer system in Cliff Haven. After discussion, in which it was brought out that in other areas in the City, where sewers have been constructed, all the property owners have not made a connection with the sewer. On motion of Councilman Bennett, seconded by Councilman Stoddard and carried, the City Engineer was instructed to notify all residents and /or property owners in Cliff Haven that they will be required to connect with the sewer system within six months after completion of the sewer in said area, and the City Engineer was instructed to notify all residents and /or property owners, in areas where sewers are available, that they will be required to connect with the sewer system within six months after the mailing of notices to said residents and /or property owners. Intent of City to establish a It was agreed by the Council that it was their similar policy, as set forth intent to establish a policy f the City n all sewer above, re sewer matters of matters of similar nature by taking the action set forth similar nature. 3' above. Councilman MacKay asked whether or not the Council Editorial re Oil Committee. wished to reply to the editorial which was in the evening paper of December 12th. It was agreed that since no re- port had been received from the Oil Committee, no re- sponse would be made at this time. On motion of Councilman MacKay, seconded by Council - Adjournment, ' man Stoddard and carried, the meeting was adjourned until December 13, 19 at 10:00 A.M. for the purpose of can- vassing the votes of the Special Election held on Decem- ber 6, 1955, and for the conduct of regular business. ATTEST: City C1 rk O;II 1 / December 13, 1955 The City Council of the City of Newport Beach met Adjourned Reeular Session. in adjourned regular session in the Council Chambers of the City Hall at the hour of lO:OC A.M. The roll was called, the following members of the Roll Call. Council being present: Councilmen Bennett, MacKay, Stoddard, Higbie, Ridderhof and Hill, Councilman Wilder being absent. The Mayor announced that this was the time and Canvassine of votes for place set for the canvassing of votes and absentee votes —Special Municipal Election in the Special Municipal Election held on December 6, 1955p held on December 6, 1955. The vote cast in said election was then canvassed. During the process of canvassing the vote cast in Consolidated Precinct No. a, a discrepancy, an error in tkie:El.ect_ioh__.Boa_rd 1s r:ecords'appeared -as: to. on6 - spoil e d: ballot, and on motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, it was agreed to accept the total vote cast as 143 in Consolidated Precinct No. 2: 58 Yes, 84 No, and 1 spoiled ballot. During the process of canvassing the vote cast in Consolidated Precinct No. 14, a discrepancy, an error in addition, in the Election Board's records appeared as to one ballot, and on motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, it was agreed to accept the total vote cast as 145 in Consolidated Predinct No. 14: 34 Yes, 111 No. Consolidated Precinct No. 29 discrepancy as to one spoiled ballot. Consolidated Precinct No. 149 discrepancy as to ar•. error in addition. The Council proceeded with the canvassing of the Canvass of ballots. absentee votes in said election. Thirty -two (32) ballots were issued. Thirty (3G) ballots were voted, four (4) ballots were rejected, and two (2) were destroyed, and results being as follows: YES NO Result of Election on Charter PROPOSED CHARTER AMENDMENT 1S _9 Amendment. STATEMENT OF THE CITY CLERK I, Margery Schrouder, City Clerk of the City of Statement of the Clerk. Newport Beach in Orange County, California, do hereby certify and declare that a Special Municipal Election was duly and regularly held in the City of Newport Beach on December 6, 1955, and the result of said election so held was as follows: ' (A) That the whole number of votes cast in said City of Newport Beach was 2,,796 . (B) That the measure voted upon, the number of votes given in each voting precinct for and against said measure, and the number of votes given in the City for and against said measure are as follows: Total votes cast, 2,796.