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HomeMy WebLinkAbout12/03/1945 - Regular Meeting334 December 3, 1945 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 4 o'clock p.m. on above date with Mayor Hall presiding. Roll Call The roll was called, the following Councilmen answering present: Allen, Isbell, Rees', Hall, Stanley. 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, no one responded and the reading of the minutes was dispensed with. REPORTS OF HEADS OF DEPA= iTMENTS The report of the City Treasurer was read, and on motion of Councilman Allen, seconded by Councilman Isbell, and carried the report was ordered filed. The reading of the reports of other departmental heads was dispensed. with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES The Committee appointed to confer with a Sea Scout Committee advised that no report was ready at this time. REPORTS OF STANDING COMMITTEES: None Regular order of On motion of Councilman Allen, seconded by Councilman Reed and. business changed. carried, the regular order of business was changed in order to take up the matter of the hearing on the assessment for sanitary sewers in Corona del Mar. I•tINUTES OF THE HEARING ON THE ASSESSMENT FOR SANITARY..SEWERS ON AVOCADO AND OTHER STREET (IN CORONA DEL MAR) The Mayor then asked if there were any Interested persons present desiring to be hear in the above mentioned matter. H. E. Christler All interested persons having been given full opportunity to show cause why said assessment should not be confirmed and all objections presented having been heard and fully considered, thereupon it was moved by Councilman Allen, that all objections, both written and oral, be and the same are hereby overruled and denied, and that the following changes and /or modifications be made in said assessment, to wit: That assessment No. 116 be reduced from the sum of $86.70 to the sum of .?�43.35- That assessment No. 563 be increased fim the sum of 10.01 to the sum of ?;`21.68. That assessment No. 564 be increased from the sum of X0.01 to the sum of X21.69. That the Superintendent of Streets be and he is hereby instructed to modify the assessment and diagram in the particulars herein set forth, which motion was seconded by Councilman Reed, and carried by the following vote, to wit: AYES, Councilmen: Allen, Isbell, Reed, Hall Stanley NOES, Councilmen: None ABSENT, Councilmen: None The Superintendent of Streets returned the said assessment and diagram as modified under the direction of the City Council, and the said City Council now being satisfied with the correctness of the assessment and diagram as modifi eft under their instructions, f 0 u n LJ 0 0 December 3, 19115 Minutes of the hearing The Clerk advised the City Council that this on the assessment for was the time and place fixed pursuant to statute and sanitary sewers on Avocado notice given for the hearing in the matter of the and other streets (in assessment for the construction of sanitary sewers Corona del Mar) in Avocado Ave. and other streets and alleys, as con- templated in Resolution of Intention No. 3159 adopted by the City Council on the 7th day of May, 1945- The Clerk also informed the said City Council the affidavits of the mailing, posting and publications of the Notice of Filing Assessment were on file in his office, and that certain written appeals or objections had been filed in his office prior to the day set for the hearing by Harry Kahn Maryetta S. Craig Harold F. Craig The Mayor then asked if there were any Interested persons present desiring to be hear in the above mentioned matter. H. E. Christler All interested persons having been given full opportunity to show cause why said assessment should not be confirmed and all objections presented having been heard and fully considered, thereupon it was moved by Councilman Allen, that all objections, both written and oral, be and the same are hereby overruled and denied, and that the following changes and /or modifications be made in said assessment, to wit: That assessment No. 116 be reduced from the sum of $86.70 to the sum of .?�43.35- That assessment No. 563 be increased fim the sum of 10.01 to the sum of ?;`21.68. That assessment No. 564 be increased from the sum of X0.01 to the sum of X21.69. That the Superintendent of Streets be and he is hereby instructed to modify the assessment and diagram in the particulars herein set forth, which motion was seconded by Councilman Reed, and carried by the following vote, to wit: AYES, Councilmen: Allen, Isbell, Reed, Hall Stanley NOES, Councilmen: None ABSENT, Councilmen: None The Superintendent of Streets returned the said assessment and diagram as modified under the direction of the City Council, and the said City Council now being satisfied with the correctness of the assessment and diagram as modifi eft under their instructions, f 0 u n LJ 0 0 0 r1 U it was moved by Councilman Allen, that the said assessment and diagram, as modified, be confirmed and approved, and that the Superintendent of Streets shall forthwith attach a warrant to said assessment bearing the date of this order of the City Council, which motion was seconded by Councilman Reed and carried by the following vote, to wit: AYES, Councilmen: Allen, Isbell, Reed, Hall Stanley NOES, Councilmen: None ABSENT, Councilmen: None On motion of Councilman Allen, seconded by Councilman Reed and carried, the regular order of business was resumed. COMMUNICATIONS 335 Regular order of busines resumed. The letter of Kate McCann pertaining to an alleged violation of Letter of Kate McCann zoning regulations in an R -2 district on Balboa Island. Much time was taken pertaining to violation up in discussing the matter; the Council being addressed at length by Kate of zoning ordinance. McCann whereupon Assistant Building Inspector Fenelon was called upon to Council addressed by explain his version of the cuection, Chief of Police Hodgkinson also brought K. McCann. into the discussion. Various interpretations of the zoning ordinance were offered, it being the consensus of opinion that no violation of the ordinance exists by the mere building of an additional bedroom to a family unit and not until the same has been occupied by an additional household. The application of J. C. Martin Gilson of the Costa Mesa Cab Application of J.C. Company for a license to operate a cab service from 609 Coast Highway, havingNartin Gilson of Costa been approved by the Chief of Police, was on motion of Councilman Allen, Mesa Cab Co. for license seconded by Councilman Stanley and carried, granted. to operate from 609 The application of Henrietta Swafford for a license to conduct a Coast Hwy., granted. Fountain Lunch at 609 Coast Highway was on motion of Councilman Allen, Application of H.Swaffor seconded by Councilman Isbell and carried, granted subject to the approval to conduct Fountain Luneof the Health Officer. granted. The application of E. L. Dwight for a veterans exempt license Application of E.L. to deliver produce was on mottn of Councilman Allen, seconded by Councilman Dwight for vet. exempt Isbell and carried, denied. license, denied. The request of J. w. Trueblood for an extension of time in which Request of J. ?d. Truebloa to complete a pier fronting on Lot 6, Block 537, Canal Section due to for extension of time to shortage of material and labor was on motion of Councilman Allen, seconded complete pier. Laid on by Councilman Reed and carried, Laid on the Table to December 17th. the Table. Ralph P. Maskey made the same request for R. A. Neel in Block R.A. Neel, same request. 242, Canal Section. The letter of Croft & Neville concerning the delayed construction Letter of Croft & Nevi11. of a pier for George Seba., Lot 24, Tract 742, Balboa Island in which it was "�)ricated re: delayed construction stated that material had been fa for the pier but due to labor of pier for Ceorge Seba. conditions it has not been possible to complete the pier and request was made for permission to proceed with same. After some discussion of the matter, it was moved by Councilman Stanley and seconded by Councilman Reed that permission be granted to proceed with the construction. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of P. A. Palmer for the abandonment of Via Oporto Request of P.A. Palmer south of Via Lido and Via. Malaga for its entire length and the alley between for abandonment of alley Via Oporto and Via Malaga and the alley westerly of Lots 1193 to 1192 Committee appointed to inclusive. After some discussion of the question a committee consisting negotiate with Griffith of Councilman Stanley, Reed and Allen was named to negotiate with the Co. on the subject. Griffith Company on the subject and on motion of Councilman Reed, seconded by Councilman Allen and carried, the Building Committee was requested to investigate the situation. A petition presented by business people on Marine Avenue, Balboa Petition presented b7 Island protesting the installation of parking meters on that street was business people on Mari.rn presented and after discussing the matter In which Mayor Hall advised that Ave. protesting installs. the parking meter situation w4s in the hands of a committee and on motion tion of parking meters of Councilman Allen, seconded by Councilman Reed, the committee was given on that Street. power to act in the matter by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall NOES, COUNCILMEN: Stanley ABSENT, COUNCILMEN: None A resolution from the Chamber of Commerce urging the Council to call an election for the purpose of deciding whether or not to apply for membership in the Coastal water District was read, and on motion of Councilman Reed, seconded by Councilman Allen and carried, same was Laid on the Table. The request of the Street Superintendent for the employment of Harold W. Graham in the Electrical Department at .90¢ per hour and John Coyle in the Street Department at .95¢ per hour was on motion of Council- man Allen, seconded by Councilman Reed, granted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: 'None The request of the '.later Superintendent for the employment of Dwight Tipping, J. R. Brewer, Durl Tipping, Roy Foster and Everett Souder on a monthly basis at the following respective salaries per month: $165.00, $195.00, $195.00, *175.00, and $175.00, was on motion of Councilman Allen, seconded by Councilman Reed granted by the following rollcall vote, to wit, AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Resolution from C of C to call an election re: membership in the Coastal Water District. Laid. on The Table. Employment in Elect. Dep! and St. Dept., grunted. Employment in *,:Pater Dept. granted. 336 Employment in P.D. The request of Chief of Police Hodgkinson for the employment Dept., granted. of Dale Judkins Montgomery as patrolman to fill the vacancy caused by the resgination of Howard Gerrish at a salary of $175.00 per month was on motion of Councilman Isbell, seconded by Councilman Stanely, granted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Appointment of Dale J. Montgomery as Police On motion of Councilman Stanley seconded by Councilman Allen Officer, confirmed. and carried, the appointment of Dale Judkins Montgomery as a police officer was confirmed. Temporary appointment The request of Chief of Police Hodgkinson for the temporary of W.G. Johns, E. H. appointment of William G. .Johns, Ernest H. Waltz and Benjamine F. Moler Waltz and B.F. Moler in accordance with Civil Service regulations was on motion of Councilman in accordance with Civil Isbell, seconded by Councilman Allen granted by the following roll call Service regulations, vote, to wit: granted. AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Employment in Fire Dept. she request of Fire Chief Crocker for the employment of George granted. E. Van Pelt and Phillip A. Hayden at salaries of $185.00 per month was on motion of Councilman Allen, seconded by Councilman Reed granted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None UNFINISHED BUSINESS Applications of Casey Blue The applications of Casey blue, Harvey L. Bear and S. M. Padias and Harvey L. Bear and to lease 93 acres of City owned land were brought up having been Laid S.M. Padias to lease over from a previous meeting. Harvey Bear in addressing the Council 93 acres. Laid on the advised that in view of the possibility of oil development on the land Table. that he was not interested. On motion of Councilman Allen, seconded by Councilman Isbell and carried, the applications were Laid on the Table Hearing in connection until the next meeting of the Council. with vacation of certain On motion of Councilman Allen, seconded by Councilman Reed and alleys in Tract 907 - carried, the hearing i:: connection o;ith the vacation of cerain alleys in ordered continued. Tract 907 was ordered continued. Res. No. 243 of Planning NEW BUSINESS Ordinance No. 540 Ordinance No. 540 came up for final passage, being an ordinance up for final passage. regulating the number of hours in which an automobile may be left standing Regulating number of on the public streets and granteing power to the police Dept. to handle hours in which an auto same. The ordinance was read in full and on motion of Councilman Allen, may be left standing on duly seconded by Councilman Reed was adopted by the following roll call the public street. vote, to wit: Snyder for a variance AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley of 5 feet set back NOES, COUNCILMEN: None requirements; Council ABSENT, COUNCILMEN: None approved. MINUTE RESOLUTION Minute Res. Lease Councilman Stanley moved the adoption of a resolution, being to J. A. Beek a resolution authorizing the Mayor and City Clerk to execute on behalf approval of map of of the City of Newport Beach to J. A. Beek affecting certain city owned Tract 1133. Council lands under lease to J. A. Beek. The motion for adoption was duly approved. seconded by Councilman Isbell and the resolution was adopted by the Commission was approved. following roll call vote, to wit: The AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley Question of paving in NOES, COUNCILMEN: None Tract 1133. ABSENT, COUNCILMEN: None Res. No. 243 of Planning Resolution No. 243 of the City Planning Commission was presented, Commission re: set back being resolution granting the request of certain property owners in Block �irst requirements. Laid on 13, Addition to Newport Heights for change in set back requirements the Table. from five to ten feet and on motion of Councilman Stanley, seconded by Res. No. 244 of Planning Councilman Allen and carried, resolution was Laid on the Table. Commission denying Resolution No. 244 of the City Planning Commission was presented application of W.Cloyd being a resolution denying the application of W. Cl%y Snyder for a variance Snyder for a variance of five feet in set back requirements affecting Lot 40, Block A, Tract 673, of 5 feet set back Corona del Mar. On motio:a of Councilman Reed, seconded by Councilman requirements; Council Allen and carried, the action of the Planning Commission was approved. approved. Resolution No. 245 of the City Planning Commission was presented Res. No. 245 of Planning being a resolution recommending tentative approval of a map of Tract 1133, Commission. Tentative whereupon City Engineer Patterson presented said map advising of certain approval of map of proposed improvements to be made in said Tract and on motion of Councilman Tract 1133. Council Allen, seconded by Councilman Reed and carried, the recommendation of approved. the Planning Commission was approved. The question of the type of paving in Tract 1133 was brought Question of paving in up, the City Engineer suggesting that concrete would preferable from Tract 1133. many standpoints Iaeing of a more permanent type especially where certain grades were concerned. Ralph P. Maskey addressed the Council and advised that the black type of paving was considered to expedite the improvements. • L� 9 i 0 337 Councilman Allen moved the adoption of a resolution, bdng a resolution authorizing the Mayor and City Clerk to execute on behalf of the Quitclaim Deeds City of Newport Beach, the following quitclaim deeds to the following persons and covering the following described property: Ruth Stelle Riley B. Myatt, etij Ruth Stelle Lot 14 and NEly 101 of Lot 12 Joe L. Stamp, et ux Block 132, Corona Del Mar Thaxton A. Ballance • Riley B. Myatt and Lot 11, block 15 Margot M. Myatt First Add. to Npt. Heights Joe L. Stamp, Jr. and Lot 2, Block 643 Mary Jean Stamp Corona del Mar Thaxton A. Ballance and Lots 11, 17, 19 and 21 ' Eva K. Ballance Block 540, Corona del Mar The motion was duly seconded by Councilman Reed and the resolution was adopted by the following roll call vote, to writ: AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: 'None Bids submitted for the purchase of City owned real estate were Res. No. 3259 ' opened and read, whereupon Resolution No. 3259 was presented, being a resolution authorizing the Mayor and.City Clerk to execute on behalf of Sale of City owned the City of Newport Beach, grant deeds to the following party, submitting lots. the highest bids, and covering the following described property: Res. No. 3259 Henry M. Sorenson Lots 5 6, 7, 5 Block 4, Seashore Colony $1350.00 On motion of Councilman Allen, seconded by Councilman Isbell, the resolution was adopted by the following roll call vote, to gait: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: none City Auditor Gant ABSENT, COUNCILMEN: None authorized to notify all agents that bits On motion of Councilman Stanley, seconded by Councilman Allen and for City lots are carried, City Auditor Gant was authorized to notify all agents that any and subject to approval all bids for City owned property would be considered subject to the approval of City Council. of the Council. The monthly Demands having been duly audited by the Finance Audit of Monthly Committee were on motion of Councilman Reed, seconded by Councilmen Isbell Demands were allowed and warrants ordered drawn by the following roll ca=ll vote, to wit: AYES, COUNCILMEN: Allen, Read, Isbell, Hall, Stanley ' NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The letter of Harbor Master Craig calling attention to a former New mooring ardinan request for the passage of a new mooring ordia.nce was read and after some ce passed to second discussion of the question it was moved by Councilman Allen, seconded ty reading. Councilman Isbell and carried, that the ordinance be passed to the second reading and the City Clerk instructed to notify the City Attorney accordingly. Ralph P. Maskey presented an offer from Jackson Turner to convey Offer of Jackson certain properties in Blocks 1113 and 145, Canal Section toihe City of Turner to convey Newport Beach contingent on the escrow being completed by February 1, 1946. certain properties The acouistion of said property being necessary for the proposed widening in Bks. 143 and 145 of Coast Boulevard we=sterly of 46th Street. On motion of Councilman Stanley Canal, accepted. seconded by Councilman Reed, the offer was accepted with the proviso that the property be purchased with funds from the Gas Tax allocation only. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None • ABSENT, COUNCILMEN: None Councilman Allen moved the adoption of a resolution being a Res. No. 3260 resolution authorizing the City Engineer to file application for the City's City Engineer to allocation of the .1 cent Gas Tax round for the acquisition of certain property file application f� westerly of 30th Street in connection *.=. >ith the proposed widening of Coast the City's alloca- Boulevard. The motion for adoption of the resolution was duly seconded tion of �- cent Gas by Councilman Reed, the resolution designated Resolution No. 3260 and was Tax Fund. widening ' passed by the following roll call vote, to writ: of Coast Blvd. AYES, COUNCILMEN: Allen, Reed, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The application of W. Shearer for a permit to construct a pier Application of W. and float fronting on Lots 566 and 567, Tract 907, having been approved by Shearer to constrin the City Engineer was\\on motion of Councilman Allen, seconded by Councilman pier and float, Reed and carried, granted. granted. ' The application of E. Wedikind for a permit to construct a pier Application of E. and slip fronting on Lot 499, Tract 907, having been approved by the City '+fedikind for permit Engineer was on motion of Councilman Allen, seconded by Councilman Reed to construct pier, and carried, granted. granted. The application of L. E. Porter for a perrd; to construct a pier Application of L.E. and float fronting on Lot 497, Tract 907, having been approved by the City Porter for permit Engineer was on motion of Councilman Allen, seconded by Councilman Reed and to construct pier, carried, granted. granted. The application of John B. Callery for a permit to construct a Application of J.B. pier and float fronting on Lot 16, Block P, Tract 515, having been approved Callery for permit by the City Engineer was on motion of Councilman Allen, seconded by Council- to construct pier, man Reed and carried, granted. granted. 338 Application of Mrs. The application of Mrs. J. P. Greeley for a permit to construct J.P. Greeley for a pier across Bay Avenue and fronting on Lot 1, Block 1, Balboa Eastside permit to construct Adeition, having been approved by the City Engineer was on motion of pier, granted. Councilman Allen, seconded by Councilman Reed and carried, granted, subject to the approval of the Nor Department. Application of Union The application of the Union Oil Company to extend an existing Oil to extend a commercial pier fronting on Lots 3 and 4, Block 9, Section 1, Balboa commercial pier, Island was on motion of Councilman Allen, seconded by Councilman Reed Laid on the Table. and carried, Laid on the Table. Councilman Stanley moved the adoption of a resoltttion, being a Res. No. 3261 resolution authorizing the City Engineer to make application to the State Application to the Plans and Specifications Agency for the acquisition of certain Rights of State Plans and Way for the improvement of certain major thoroughfares within the City Specifications Agency. of Newport Beach. The motion for adoption was duly seconded by Councilman Allen, the resolution designated Resolution No. 3261 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3262 Councilman Allen moved the adoption of a resolution, being a Requesting allotment resolution designating City Engineer R. L. Patterson as the authorized of funds for proposed agent of Local Agency to sign the necessary application to the Director improvements. of Finance or Post War Public Works Review Board requesting allotment of certain funds for the purpose of proposed specific improvements. The motion for adoption of the resolution was duly made by Councilman Stanley, the resolution designated Resolution No. 3262 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Permission granted to A verbal applicEtion was made by a representative of the Cooperative Cooperative Fishermen'E'ishermen's Association for a permit to construct a sea wall across 20th Assn. to construct Street and Bay Front, and after some discussion of the matter it was moved sea wall across 20th by Councilman Reed, seconded by Councilman Allen and carried that perdssion and Bay Frt. be granted subject to supervision of the City Engineer. Councilman Reed presented a petition signed by property owners Petition of property in Lot 1, Block 432, Canal Section advising that they would bulkhead a oj•:ners in Lot 1, Bk. portion of the Rivo Alto equal to the frontage of their own property 432, Canal. Laid on provided the pity would Quit Claim to each owner 1L4 feet or more immediately the Table. adjoining their property. A sketch of the proposed scheme was also submitted. On motion of Councilman Reed, seconded by Councilman Allen and carried, was Laid on the Table. Res. No. 3263 Councilman Allen moved the adoption of a resolution, being a Lease to U. S. Army resolution authorizing the Mayor and City Clerk to sign on behalf of the Air Base. City of Newport Beach a certain lease to U. S. Army Air Base. The motion for adoption was duly seconded by Councilman Reed, the resolution designated Resolution No. 3263 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3264 Councilman Stanley advised that certain property owned by him Delivery of City Water outside the City limits had been leased for a term of years it being to property owned by contemplated to annex said property to the City of Newport Beach at some Councilman Stanley. future time and request was made for water and sewer service with that understanding, whereupon Councilman Reed moved the adoption of Resolution No. 3264 being a resolution providing for the delivery of City water to said property. The motion was duly seconded by Councilman Allen and the resolution adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall, Stanley NOES, COUNCILMEN: 1�one ABSENT, COUNCILMEN: None ADJOURNI4ENT On motion of Councilman Allen, seconded by Councilman Reed, and carried, an adjournment was taken to 4 o'clock p.m., Monday, December 17, 1945- ATTES 1 Cler 0 I 0 0 Mayo the City of-Newport Beach— ' ouunneilman Councilman Councilman Councilman LJ 0