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HomeMy WebLinkAbout06/28/1948 - Regular MeetingJune 28, 1948 The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall at the hour of 7:30 P.M. on the above date with Mayor Drake presiding. The rolltias called, the following Councilmen answering present: Greeley, Robertson, Blue, Isbell and Drake The Mayor asked if any of the Councilmen or anyone in the audience wished the minutes of the previous meeting, or any part thereof, read. Councilman Roberson moved that the reading of the minutes be dispensed with, which motion was seconded by Councilman Isbell and carried. REPORTS OF HEADS OF DEPARTMENTS 131 Roll called, all present. The reports of the Fire Chief, F. V. Crocker for the months Reports of Fire Chief of March, April and May were accepted and filed on motion of Councilman for March, April and May Isbell, seconded by Councilman Greeley and carried. filed. REPORTS OF STANDING COMMITTEES - None REPORTS OF SPECIAL COMMITTEES - None COMMUNICATIONS The official report of the Bureau of the Census placing the population of the city at 10,994 as of May 20, 1948, was filed on motion of Councilman "obertson, seconded by Councilman Greeley and carried. Official report of Bureau of Census filed. The request of the Corona Del Mar Civic Association for - Request of Corona Del Mar re- districting of the voting precincts in Corona Del Mar was referred Civic Asso. to redistrict to the Board of Supervisors upon motion of Councilman Isbell, voting precincts in C.D.M. seconded by Councilman Greeley and carried, referred to Bd. of Super- visors. The request of M. Victor Jones, 110 32nd Street, Newport Request of Victor Jones Beach, for a crossing of the Pacific Electric Tracks to permit for crossing of the P.E. access to Coast Boulevard was referred to the City Administrator upon Tracks referred to City motion of Councilman Isbell, seconded by Councilman Greeley and carried, kd.mn. The application of Dean S. Bedilion for a license to hold an auction of vacant lots on Lido Isle on the proposed date of July 11th, was approved on motion of Councilman Isbell, seconded by Councilman Blue and carried. shop The application of R. L. Cardwell for a coffee�at 11312 Agate, Balboa Island, which had been approved by the Health Officer, was granted upon motion of Councilman Isbell, seconded by Councilman Greeley and carried. The application of Leonard 11. Harris for a branch of the Desert Sweet Shop, at the rear of the Florence Bakery in Balboa, was granted subject to the approval of the Health Department upon motion of Councilman Isbell seconded by Councilman Blue and carried. The application of Frank Kiech for a pool room at 704 East Bay Avenue, Balboa, approved by the Chief of Police, was granted upon motion of Councilman Greeley seconded by Councilman Blue and carried. The application of H. N. Jepson for a catering and delica- tessen store at 3112 Marine Avenu, Balboa Island, approved by the Health Officer, was granted on motion of Councilman Isbell, seconded by Councilman Greeley carried. Appl'n of Dean S. Bedilion for license to hold an auction on Lido Isle approved. An pl'n of R. L. Cardwell for coffee shop at 1133 Agate, approved. Aapl'n of Leonard W. Harris for a branch of the Desert Sweet Shop approved. Appl'n of Frank Kiech for a pool room at 704 E. Bay Ave., approved. Appl'n of H. for catering tessen store W. Jepson and delica.- approved. Appl'n G. W. Lee for a sandwich stand at 510 S. Bay Front approved. The application of G. W. Lee for a sandwich stand at 510 South Bay Front, Balboa Island, was granted on motion of Councilman Isbell, seconded by 9ouncilman Greeley and carried. This application was approved by the Health Officer. Appl'n of Bernard C. The application of Bernard C. Koch and Harry E. Rieseberg for Koch and Harry E. Riess- licensing the amusements at the Balboa Pavilion under the name of the berg for licensing amuse- Pavilion Amusement Co. was filed upon motion of Councilman Isbell, ments at the Pavilion seconded by Councilman Blue and carried. under new name approved. Appl'n George Bower for The application of George Brower for a veterans exempt Vet.'s exempt license license to sell fruit and vegetables, which had been referred to F. W. denied. Crocker as Welfare Officer of t'-B American Legion, was denied upon motion of Councilman Isbell, seconded by Blue and carried. The City Clerk was instructed to notify him that he did not qualify for an exempt license. UNFINISHED BUSINESS Ordinance No. 580 prohi Ordinance No. 580 prohibiting the sale, transportation or biting sale and use of use of fireworks, except at public display with written consent of fireworks adopted. the City Council, was declared an emergency measure on motion of Councilman Isbell, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Blue and carried, the reading of the fireworks ordinance was dispensed with. The Ordinance was adopted on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMENT: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Cert. of completion of The certificate of completion of the nerr City Hall and Police New City Hall and final Station, subject to certain corrections and omissions, was presented by payment to E. A. Kaiser J. B. Webb, City Engineer, snd final payment to the E. A. Kaiser Company Co. approved. was authorized subject to the usual withholding of 10%, on motion of Councilman Robertson, seconded by Councilman Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hearing'on Newport Heights. Councilmen Robertson moved that the regular order of business be dispensed with, which motion was seconded by Councilman Isbell and carried. NEW BUSINESS CONTINUED HEARING ON INVESTIGATION REPORT IN THE MATTER OF THE PROPOSED STREET IMPROVEMENTS IN CERTAIN ,STREETS IN NE11PORT HEIGHTS. Pursuant to instructions heretofore given on the 24th day of May, 194.8, the Engineer reported upon the written and oral protests here- tofore presented to the City Council, on the matter of the proposed grading, paving, construction of curbs, cross gutters, catch basins and storm drains and appurtenant work in Santa Ana Avenue and. other streets, all as particularly shown in the written report of the City Engineer of the City of Newport Beach, California, filed April 12, 1948, and which said report on the protests disclosed the following: The total area of the proposed assessment district, exclusive of streets and. alleys, is The total area represented by written and oral protests filed with the City Clerk up to the time set for hearing is The total area represented by said protests is equal to 17.24o of the total area of the proposed assessment district 4,089,800 square.fect 705,122 square feet After some discussion from the floor on the part of the following named persons: 133 IN THE MATTER OF THE PROPOSED GRADING, PAVING, CONSTRUCTION OF CURBS, CROSS GUTTERS, CATCH BASISNS, STORM DRAINS AND APPURTENANT WORK IN SANTA ARIA AVENUE AND OTHER STREETS (NEWPORT HEIGHTS), AS SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF SAID CITY OF NEWPORT BEACH, CALIFORNIA, FILED APRIL 12, 194$. WHEREAS, the City Council of the City of Newport Beach, California, did, on the 12th day of April, 1945, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City, in accordance with the provisions of that certain Act of the Legislature of the State of California, known as the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111, Division IV of the Streets and Highways Code, and did no said date fix Monday, the 24th day of May, 1948, at the hour of four (4:00) O'clock P.M., as the day and hour, and the Council Chamber of the City Council of said City as the place of hearing on such report, and said hearing having been regularly continued to the hour of seven - thirty (7830) o'clock P.M. of June,29, 1948; and WHEREAS, the City Clerk of the said Citythereafter deposited, or caused to be deposited in the United State mail at Newport Beach, with postage prepaid, a notice of the time and place of hearing upon said report, all in the tim, manner and form required by said Code; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Newport Beach, California, hereby finds and determines as follows: (1) That protests in writing have not been filed by the owners (as defined in the "Improvement Act of 1911 ", Division VII of the Streets and Highways Code of the State of California), of the majority of the area of lands to be assessed within the proposed assessment district, as said district is defined in said written report. (2) That the aggregate special assessment, liability on the lands, proposed to be assessed for such improvement, as such estimated liability is shown in said preliminary written report, will not exceed fifty percent (50 %) of the true value of the said lands to be so assessed. (3) That the estimated proposed assessment to be levied for the proposed improvement against certain parcels proposed to be assessed therefor, will exceed fifty percent (50 %) of the true value of such parcels, as shown in said written report. AND BE IT FURTHER RESOLVED. That the said City Council here- by finds and determines that the proposed improvement is feasible and that the lands proposed to be assessed to pay-the costs and expenses thereof, in the opinion of the said City Council, are able to carry the burden of such proposed assessment. I HEREBY CERTIFY that the foregoing resolution was adopted by. Resolution 3603, Improve - the City Council of the City of Newport Beach, California, at a regular ments to Santa Ana Ave. meeting thereof, held on the 29th day of June, 1948, by the following and other Streets in vote, to -wit: and the number 3603 awarded to the Resolution. Newport Heights approved. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN. None . ABSENT COUNCILMEN. None City Clerk W. A. Dyson Fred Singer W. J. Cole, 315 Smeltzer Avenue Mrs. Grace Campbell Joe Carver George McCullah H. W. Boyvey Mrs. Taylor for the W. L. Brainers Jack Raub. _ And also after some discussion by the members of Engineer the City Council, to the and considering the report of the with respect percentages represented by the several protests, Councilman Blue offered and moved the adoption of the following resolution, which motion was seconded by Councilman Isbell and carrel by the following roll call vote, As shown in said resolution IN THE MATTER OF THE PROPOSED GRADING, PAVING, CONSTRUCTION OF CURBS, CROSS GUTTERS, CATCH BASISNS, STORM DRAINS AND APPURTENANT WORK IN SANTA ARIA AVENUE AND OTHER STREETS (NEWPORT HEIGHTS), AS SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF SAID CITY OF NEWPORT BEACH, CALIFORNIA, FILED APRIL 12, 194$. WHEREAS, the City Council of the City of Newport Beach, California, did, on the 12th day of April, 1945, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City, in accordance with the provisions of that certain Act of the Legislature of the State of California, known as the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111, Division IV of the Streets and Highways Code, and did no said date fix Monday, the 24th day of May, 1948, at the hour of four (4:00) O'clock P.M., as the day and hour, and the Council Chamber of the City Council of said City as the place of hearing on such report, and said hearing having been regularly continued to the hour of seven - thirty (7830) o'clock P.M. of June,29, 1948; and WHEREAS, the City Clerk of the said Citythereafter deposited, or caused to be deposited in the United State mail at Newport Beach, with postage prepaid, a notice of the time and place of hearing upon said report, all in the tim, manner and form required by said Code; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Newport Beach, California, hereby finds and determines as follows: (1) That protests in writing have not been filed by the owners (as defined in the "Improvement Act of 1911 ", Division VII of the Streets and Highways Code of the State of California), of the majority of the area of lands to be assessed within the proposed assessment district, as said district is defined in said written report. (2) That the aggregate special assessment, liability on the lands, proposed to be assessed for such improvement, as such estimated liability is shown in said preliminary written report, will not exceed fifty percent (50 %) of the true value of the said lands to be so assessed. (3) That the estimated proposed assessment to be levied for the proposed improvement against certain parcels proposed to be assessed therefor, will exceed fifty percent (50 %) of the true value of such parcels, as shown in said written report. AND BE IT FURTHER RESOLVED. That the said City Council here- by finds and determines that the proposed improvement is feasible and that the lands proposed to be assessed to pay-the costs and expenses thereof, in the opinion of the said City Council, are able to carry the burden of such proposed assessment. I HEREBY CERTIFY that the foregoing resolution was adopted by. Resolution 3603, Improve - the City Council of the City of Newport Beach, California, at a regular ments to Santa Ana Ave. meeting thereof, held on the 29th day of June, 1948, by the following and other Streets in vote, to -wit: and the number 3603 awarded to the Resolution. Newport Heights approved. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN. None . ABSENT COUNCILMEN. None City Clerk 1_34 Regular Order of On motion of Councilman Robertson, seconded by Councilman business resumed. Greeley and carried, the regular order of business was resumed. The Mayor declared a ten minute recess. NEW BUSINESS P1an.Com. Res. #356 Resolution No. 356 of the Planning Commission recommending referred to City Admn. enforcement of the provisions of Zoning Ordinance No. 525 was read Officer and Chief of and, after discussion from the floor, on motion of Councilman Isbell, Police seconded by Councilman Blue and carried, was referred to Mr. Sailors for action with the Chief of Police. The Budget for 1945 - 1949 was read as follows: General Fund $579,112.4.9 Park Fund 7,740.00 Special Projects 259 ,75.00 Completion of City Hall 95, 20.59 Water Pund 2500'909;00 Budget for 1949 =1949 On motion of Councilman Robertson the budget was approved, vh ich approved. motion was seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None $1,000 approved for Cham. On motion of Councilman Isbell $1,000.00 was approved for of Commerce for So. Calif. the Chamber of Commerce to be used in the Southern California Yachting Yachting Regatta. Regatta. The motion was seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Approved $600 for neon On motion of Councilman Robertson an appropriation of $600.00 signs advertising Balboa was approved for neon signs advertising Balboa Island, Corona Del Mar. Island and Corona Del Mar. The motion was seconded by Councilman Greeley and carried by the follow- ing vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOBS, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3602 fixing the salaries of all appointive officials and employees of the City of Newport Beach was adopted on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: Resolution No. 3602 AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake fixing salaries approved. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Proposal of Diehl & Co. I The proposal of Diehl and Co. that expenditures incurred in for June expenditures June, and paid in July, be included with June expenditures, in accordance Included with July in with the proceedure necessary under the Collier -Burns Act, was, on motion accord. Collier -Burns Act of Councilman Isbell, seconded by Councilman Greeley and carried, approved approved. Intersection of State and ordered filed. 3356735 Request of Balboa Impr. The request of the Balboa Improvement Association for a Asso. for public fireworks permit for public fireworks display on the Balboa Pier July 5, 1949, display on Balboa Pier accompanied by liability insurance in the amount of $10,000.00 was, sub - July 5, 1949 approved. ject to the supervision of the Fire Department, granted on motion of Councilman Isbell, seconded by Councilman Greeley and carried. New water Contracts were authorized as follows: Company Location Meter No. 1. General Petroleum Co. Intersection of State 1" — 3356735 Highway & Coast Blvd. - 2. Irvine Company 500 feet from Corona Del Mar reservoir 211 - 5031259 3. Irvine Company Coast ranch near Block 325, near Corona Del Mar reservoir in - 4460400 4. Casey Blue Ranch house on Busobard Street near City Pumping Plant No. 1 3/411 - 4725440 5. RCA Communications Northwesterly of the City on Buschard St., Section 19 Township 6 South Range 10 West. 3/4" _ 7155910 I (Each of the above was adopted on motion of Councilman Isbell, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: The Oath of Office was approved on motion of Cc and carried. Greeley, Robertson, Blue, Isbell and Drake None None of Allen Leroy Johnson, Reserve Patrolman, uncilman Blue, seconded by Councilman Isbell 135 Oathof Office of Allen Leroy Johnson approved. An Agreement between the County of Orange and the City of Agreement between Orange Newport Beach regarding the provision of life guards and containing an County and the City appropriation of $8,000.00 from the County of Orange for this service re life guards and was adopted on motion of Councilman Robertson, seconded by Councilman 8,000.00 appropriation Blue and carried by the following vote, to -wit: from County for this purpose. AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: On motion of Counc the Mayor and the City Clerk the following vote, to -wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: Greeley, Robertson, B1ue,Isbell and Drake None None Liman Isbell, seconded by Councilman .Greeley, Mayor & City Clerk were authorized to sign the agreement by authorized to sign the agreement. Greeley, Robertson, Blue, Isbell and Drake None None On motion of Councilman Isbell the City Clerk was authorized City Clerk authorized to advertise for bids for legal printing for the year 1948 - 1949, which to advertise for bids motion was seconded by Councilman Blue and carried by the following vote, for 1948 °1949 legal to -wit: painting. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The employment of Diehl & Company to make the annual fiscal Employment of Diehl & audit for the City was approved on motion of Councilman Robertson, Co. for annual audit seconded by Councilman Greeley and carried by the following vote, to -wit: approved. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Blue Councilman Robertson and carried, Councilman Robertson was appointed to The Orange County appointed to Orange Co. Outfall Sewer Board for Sanitation District No. 5. Outfall Sewer Board. The City Engineer, J. B. Webb, submitted for approval specifi- Approved specifications cations for 800 cubic yards of topsoil for the new City Hall site, which for goo cubic yds. top - specifications were approved on motion of Councilman Robertson, seconded soil. by Councilman Greeley and carried. The City Clerk was authorized to advertise for sealed bids on motion of Councilman Greeley, seconded by Councilman Robertson and carried by the following,vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer, J. B. Webb, submitted for approval speol- fications for one Maintainer (motor grader) which was approved on motion of Councilman Blue, seconded by Councilman Greeley and carried. The City Clerk was authorized to advertise for sealed bids on motion of Councilman Robertson, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer submitted for approval specifications for one track laying tractor and bulldozer attachments which were approved on motion of Councilman Isbell, seconded by Councilman Blue and carried. The City Clerk was authorized to advertise for sealed bids on motion of Councilman Isbell, seconded by Councilman Greeley and carried by the following vote, to -wit! AYES, COUNCILMEN: Greeley, Robertson, Blue Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City Clerk authorized to advertise for bids for topsoil. Approved specifications for Maintainer. City Clerk authorized to advertise for bids for Maintainer. Approved specifications for tractor and bull- dozer attachments. City Clerk authorized to advertise for bids for tractor and bull- dozer. 136 On motion of Councilman Robertson, seconded by Councilman Greeley and carried, an adjournment was taken to July 12, 1948. Mayor of the City of Newport Beach ATTEST, Clerk-of-the City of ewport Beach Adjournment to July 12th,