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HomeMy WebLinkAbout02/24/1947 - Adjourned Regular MeetinglJ 1 9 Y% r ;, February 24, 1947 The City Council of the City of Newport.Beach met in adjourned 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 Reed presiding. The roll was called, the following Councilmen answering present: Allen, Isbell, Robertson, Sider, Reed. 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 were dispensed with. REPORTS OF SPECIAL COMMITTEES: None REPORTS OF STANDING COMMITTEES: None COMMUNICATIONS The request of C. Harvey Walters, General Agent for Apkn. of Yankee Patterson Yankee Patterson Circus for a license to exhibit for one day, Circus for license to April 2, 1947 in the City of Newport Beach and for a suitable site operate 1 day, Laid on The for same was read, the applicant addressed the Council on the matter, Table, stating that another date would be acceptable and after some discussion of the matter it was moved by Councilman Robertson, seconded by Councilman Allen and carried, that the request be Laid on the Table until the next meeting of the Council. A petition bearing upwards of 70 names of residents and property owners in the vicinity of Adams Street protesting the erection or construction of a pier at the foot of Adams Street as requested by the Balboa Sportfishing Club was presented where- upon it was explained to the petitioners present that no definite action had been taken in granting the request of the Angling Club and that notice would be given of any proposed construction at that point. Carl Monahan addressed the Council on the subject. The South Coast Realty and Investment Company presented a letter requesting a clarification of zoning restrictions respecting property in Tract 914 in order to assure a client for the property that the business proposed could be operated without violation of the zoning ordinance, the amount of electrical horsepower being the question involved. City Attorney Thompson advised the Council that according to the coning ordinance the business proposed could not be permitted. A representative of the Realty Company addressed the Council on the subject. On motion of Councilman Allen, seconded by Councilman Siler and carried, the Mayor was requested to appoint a committee to investigate the situation whereupon Mayor Reed appointed Council- men Isbell and Robertson and City Administrator Sailors.as the Committee to work with the applicants and the Planning Commission in the matter. On motion of Councilman Allen, seconded by Council- man Siler and carried, the same was referred to the Planning Commission. Frank Summers uresented on behalf of K. P. Wallace, owner of Lots 25 and 27, Block A -35, Corona del Mar a request that the City deed him one -half of Iris Street adjoining his property for landscaping purposes and stating that the topography of Iris Avenue at that point was impossible of improvement by the City. On motion of Councilman Allen, seconded by Councilman Siler and carried, the matter was referred to the City Engineer for investigation and advice. Edgar B. Musick representing the Bay District Painters Association presented a letter requesting the Council to pass an ordinance requirinf the Building Department to demand proof of a State Contractor s license in issuing licenses for painting contractors, the contention being that without such proof State Compensation, Social Security and other things carried by local contractors were not being paid by contractors without state licenses. On motion of Councilman Isbell, seconded by Council- man 31ler and carried, the same was referred to the Building Department. The request of property owners in Block 529, Corona del Marto have the alley in that block restored to its former condition before the installing of the sewers which it was alleged the sewer contractor failed to do. A resident of the block in question spoke to the Council on the subject and on motion of Councilman Robertson, seconded by Councilman Allen, and carried, the City Engineer was directed to refer the matter to the constractor who installed the sewers. M. L. Cox presented a letter complaining of the fill- ing up of the channel between Bay Island and Edgewater Place and Deferred to a former request for the City to do the necessary dredging to take care of the situation. The matter was discussed by the Council together with requests from other parts of the City for dredging and the City Engineer was requested to ascertain the cost of putting the City dredger in condition, the cost of its operation as compared with having the work done by private dredging concerns. Petition protesting the erection or construction of a pier at foot of Adams St. Letter of South Coast Realty and Investment Co. for clarification of zoning restrictions in Tract 914, referred to Planning Comm. Request of K. P. Wallace for City to deed him J of Iris St. adjoining his property, referred to City Engineer. Letter of Bay District Painters Assn. requesting Council to pass an ordinance demanding ?roof of State Contractor s license in Issuing painting contractor° license, referred to Builair.; Department. Request of property owners in Block 529, CDM to have alley restored to its former condition before installing the sewers, referred to City Engineer to contact contrac- tor who installed same. Letter of M. L. Cox complain ing of the filling up of the channel between Bay_Island and Edgewater Place. Request of George 0. Hiner The request of George C. Hiner for a five year for extension of his Live extension of his Live Bait Stand on the Newport pier with an Bait Stand on Newport pier. offer of $600.00 per year was presented. The consenus of Lease granted for three yrs. the Council being that the lease "should not be for more than three years and on motion of Councilman Allen, seconded by Councilman Robertson and carried, the City Attorney was instructed to prepare the lease for that period. City Adminis- trator Sailors advised that the amount offered exceeded rentals received by HIu�nJtinn ton Beach and other places for aim ]aurC1 amsees �j@ and c �� �.- .4`AeBU liNl':S ease was noriz- CtC$o` Oe Rec °�G eIXlw E sa SCll l' AA HA terms. Question of establishing The question of establishing a parking lot on the parking lot on the beach in beach in Newport was brought up, the matter having been brought Newport. City Engineer and before the Planning Commission for consideration, their action St. Commmittee to meet with as outlined in a resolution to the City Council being that petitioners to work out a the beaches should be reserved for recreational purposes only. solution. An advocate of the beach parking lot addressed the Council on the subject various sites being suggested, whereupon Mayor Reed appointed the City Engineer and.Street Committee to meet with the petitioners for the parking lot in an effort to work out a solution. Hearing of Resolution of The Clerk reported that this was the time and place Intention No. 3424 in the matterfixed for the hearing of protests or objections against the of Sanitary Sewers in Coast work or the district as described in Resolution of Intention Boulevard and other Streets, No. 3424 in the matter of the construction of sanitary sewers alleys and easements. and appurtenant work in connection therewith in Coast Boulevard and other streets, alleys and easements. The Clerk also reported that affidavits in support of the publication of the Resolution of Intention, the mailing of printed notices of the adoption of said Resolution and of the posting of the notice of improvement as required by law had been made and are on file in the office of the City Clerk. The Mayor then inquired of the Clerk of any written protests or objections against the work or the district had been filed with him in said matter. The Clerk reported that two written protests had been filed with him prior to the time set for the hmring, by the following: William Jenkins'and Helen Vermuelen. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the work or the assessment district each as set forth in the Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. No one responded. All protests were refered to the Engineer for check - ing and report as to the percentage of.the area represented thereby. The Engineer reported that the protests represented approximately .0049 of the total area of the assessment district. All protestants having been heard and an opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council having before them a diagram of the assessment district and being familiar with the assessment district and also having considered all protests filed, and having considered the matter as to the area of property represented by said protestants, Councilman Robertson presented ;the following resolution and moved its adoption: WHEREAS, certain protests having been filed by William Jenkins and Helen Vermuelen, protesting against the doing of the work And improvement described in Resolution of Intention No. 3424, or against the assessment district; and WHEREAS, the City Council has carefully considered all protests or objections and having considered the area of the district represented by said protests: NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections have been made by the owners of less than one - half of the area of the property to be assessed for said work and improvement as set forth in said Resolution of Intention No. 3424; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be and the same are hereby over ruled and denied. Said motion was duly seconded by Councilman Allen and carried by the following vote: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No> 4 Councilman Robertson then moved the adoption of Resolution ordering work Resolution Ordering Work No. 3435 in the matter of construction In the matter of construction of sanitary sewers in Coast Boulevard and other streets, in of sanitary sewers in Coast the City of Newport Beach, which motion was seconded by Council - Blvd. and other streets, man Allen and upon roll call was adopted by the following vote: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 0 0 r r� u i; :,, Councilman Robertson then moved the adoption of Res. No. 3436 Resolution No. 3+36 ascertaining and determining the prevail- Adopting wage scale for the ing rate of wages to be paid for the construction of sewers as described in Resolution of Intention No. 3424, which motion construction of sewers des - was seconded by Councilman Allen, and upon.roll call was cribed in Res. of Intention No. 3424. adopted by the following vote: AYES, COUNCILMEN:. Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of Paul A. Palmer for a license to Request of P. A. Palmer for operate a bus service on Lido Isle for the convenience of license to operate bus the residents of that area laid over from a previous was on motion of 6ouncilman Isbell, seconded by service on Lido Isle, granted .fleeting, ouncilman Robertson and carried, granted subject to licensee subject to the carrying of public liability and property providing for public liability and property damage coverage. damage. The Clerk advised that the petition presented by The Irvine Company for the annexation of certain inhabited Request of Irvine Co. for territory had been checked with the Great Register of annexation of certain qualified voters and that the petition had been found to inhabited territory be sufficient, whereupon the question arose as to whether ,referred to City Administrator to the proceedings were to be conducted by the City or by the contact Irvine Company.. attorneys for the petitioners, also the City Attorney called attention to the matter of water and sewer facilities for the proposed territory requested to be annexed. On motion Councilman of Robertson, seconded by Councilman Siler and carried, City Administrator Sailors was requested to contact the Irvine Company to meet with the City Council in an effort to clarify the situation. Claims of National Automobile and Casualty Insurance Claims of National Automobile Company and United Pacific Insurance Company for damages and Casualty Ins. Co. for alleged to have been done to an automobile owned by John A. Gurley in City damages alleged to have been while parked a parking lot were on motion of done to auto owned by John Councilman Isbell, seconded by Councilman Robertson and A. Gurley, denied. carried, denied. NEW BUSINESS Resolution No. 284 of the Planning Commission Res. No. 284 of Planning Comm. denying the request of Grant K. Phillips for a variance in denying request of Grant K. building restrictions affecting Lot 12, Block 26, Balboa East- Phillips for variance, side Addition was on motion of Councilman Isbell, seconded by approved. Councilman Robertson and carried, approved. Resolution No. 285 of the Planning Commission approving Res. No. 285 of Planning Comm. the request of A.K-Benedlct for a 54 front yard variance for Lot 24, Block Section Balboa Island approving request of A. R. 5, 3, was on motion of Councilman Allen, seconded by Councilman Isbell and carried, Benedict for variance, a rov- pp approved. ed. Resolution No. 286 of the Planning Commission deny- Res. No. 286 of Planning ing the request of A. D. Haigh for a 50% front yard variance Comm. denying request of A. D. for Lot 8, Block 635, Canal Section, was on motion of Council- man Allen, seconded by Councilman Robertson and carried, approved. Haigh for variance, approved, Resolution No. 287 of the Planning Commission regarding Res. No. 287 of Planning Comm. the request of the merchants of Newport for a parking lot on regarding request of parking the beach stated that by unanimous vote of the members of the lot on the beach recommended Planning Commission that it recommended that the City's ocean that ocean frontage be with - frontage be withheld for recreational purposes only. On motion of Councilman Allen, seconded by Councilman Siler and carried, held for recreationaly purpose the resolution was ordered filed. only, Resolution No. 288 of the Planning Commission relating Res. No. 288 of Planning Comm. to the zoning of Tract 1136 approved the final map of said relating to the zoning of tract and stipulated the zoning established therefor and on Tract 1136, appoval of final motion of Councilman Allen, seconded by Councilman Robertson • and carried, same was approved. . map, Resolution No. 289 of the.Planning Commission author- Res. No. 289 of Planning Comm. izing the payment of dues for membership in the American Society authorizing the payment of of Planning Officials in the amount of Ten Dollars, was on dues for membership, approved. motion of Councilman Allen, seconded by Councilman Robertson approved by the following roll call Yote, to wit: AYES, COUNCILMEN: .Allen, shell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of Water Superintendent.McMillan for the Reouest of John McMillan for employment of Lawrence C. Ladwig and-Grant J. Howard.effective February 3,7947; Wayne E. Wilson effective February 17; Charles . temporary employment in water Dept., G. Porter, r. effective February 19; Henry R. Vezina effective approved. February 24; Robert Johnson effective February 24; Rober J. Parker effective February 26; Everett W. Engles effective Feb- ruary 27 all as temporary employment in the water department at the salary of .92 ¢ per hour, was on motion of Councilman Allen, seconded by Councilman Isbell and granted by the follow- ing roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None • ABSENT, COUNCILMEN: None • Res. No. 3437 Councilman Allen moved the adoption of a resolution, Resolution accepting quitclaim being a resolution accepting a certain Quitclaim Deed from Deed from John T. Stowers. John Thomas Stowers and Lois Ruth Stowers for lots 1 to 16 in Block A -37, Corona del Mar. The motion was duly seconded by Councilman Siler, the resolution designated Resolution No. 3437 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res, No. 3436 Councilman Isbell moved the adoption of a resolution, Garbage agreement with being a resolution authorizing the Mayor and City Clerk to Roy S. Nelson. sign an Agreement with Roy S. Nelson for the sale and disposal of garbage; the resolution designated Resolution No. 3436 and was seconded by Councilman Allen, adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3439 Bids submitted for the purchase of City owned real Sale of City owned real seats were opened and read; whereupon Resolution No. 3439 eSate. was presented, being a resoluttn authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a grant deed to the following people submitting the highest bid and covering the following described property: Res. No. 3439 Helen E. Grace Lot 19, Block 22 Newport Beach Tract $2000.00 On motion of Councilman Allen, seconded by Councilman Siler the resolution was adopted by the following roll call vote, AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3440 Councilman Allen moved the adoption of a resolution, 011 and Gas Lease with being a resolution authorizing the Mayas and City Clerk to Loren L. Hillman, Inc. sign an oil and gas lease with Loren L. Hillman, Inc. on behalf of the City of Newport Beach. The resolution designated Resolution No. 3440, seconded by Councilman Isbell and was adopted by the following roll call vote, to-wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3441 Councilman Allen moved the adoption of a resolution, accepting quitclaim deed being a resolution accepting a certain Quitclaim Deed from from John S. Hogan. John S. Hogan and Orpha F. Hogan for lots l to 16, Block A -37 Corona del Mar. The motion for adoption was duly seconded by Councilman Siler, the resolution designated Resolution No. 3441 and was adopted by the following ro call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3442 Councilman Allen moved the adoption of a resolution, Accepting quitclaim deed being a resolution accepting a certain Quitclaim Deed from from Frank A. Sloper. Frank A. Sloper and Bernice S. Deane for lots 1 to 16, Block A -37, Corona del Mar. The motion for adoption was duly seconded by Councilman Siler, the resolution designated Resolution No. 3442 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Appointment of reserve On motion of Councilman Isbell, seconded by Council - police officers, confirmed. man Allen and carried, the appointment of Merel H. Coe, Phillip S. Hall and Don R. Birdsall as" -reserve police officers was confirmed. Request of Southern Counties The request of Southern Counties Gas Company for Gas Co. for permission to permission to install a rectifier on City property in the Install rectifier, laid over vicinity of the Sea Scout Base, laid over from a previous from a previous meeting, meeting, was on motion of Councilman Robertson, seconded by granted. Councilman Isbell and carried, granted. The application of Ontario Investment Company for Apkn. of Ontario Investment a permit to reconstruct a pier fronting on Lots 6 and 7, Co. -for permit to reconstruct Block 15, Balboa Eastside Addition was on motion of Councilman pier, granted. Isbell, seconded by Councilman Robertson and carried, ranted. Councilman Allen moved the adoption of a,res9lution, City �'lerk Quitclaim Deed being a resolution authorizing the Mayor and to execute Dean C. Bradford on behalf of the City of Newport Beach, the following quitclaim deed to the following party and covering the following property: Dean C. Bradford and Lots 5, 7 & 9, Block 736 Maxine Bradford Corona del Mar The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 0 0 0 0 0 Mayor of the Uity of Newport _ea`ch Councilman Councilman _Councilman _ Councilman ATT sTs City ulerk mm Apkn. of Agnes Sitos to install hose and reel and meter for dispensing fuel, granted. Apkn, of Robert V. Staats for permit to install pier, granted. Matter of a certain easement needed in Block L. Tract 323, CDM in connection with sewer installations Engineer to contact owner of property. Committee appointed to study City Fire Ordinance. Hubard Howe spoke to Council regarding extension of certain lease of City property. Request of Father Noonan for the vacation of a certain alley in Block 14, Section B. attorney instructed to prepare Ordinance of Intention for vacation of an alley. Res. No. 3443 Councilman Allen moved the adoption of a resolution, Additions and improvements being a resolution determining that the public interest and to City Water System. necessity demand the acquistion and construction of a certain municipal improvement, and making findings relating thereto. The motion for adoption was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3443 and was adopted by the following roll call vote; to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN; - None The above is hereby attached to and made a part of the minutes of the Council of the City of Newport Beach at its adjourned regular session held on the 24 h day of Fe ruary, 1947. ity Clerk The application of Agnes Sitos to install hose reel and meter for dispensing fuel on a portion of Lot H. Tract 919 was on motion of Councilman Robertson, seconded by Councilman Isbell and carried, granted. The application of Robert V. Staats for a permit • to install a pier fronting on Lot 10, Harbor Island was on motion of Councilman Robertson, seconded by Council- man Isbell and carried, granted. City Engineer Webb brought up the matter of a certain easement in Block L. Tract 323, Corona del Mar, said easement being needed in connection with the sewer installation in that section. On motion of Councilman Robertson, seconded by Councilman Isbell and carried, the City Engineer was instructed to contact the owner of the property in question. Councilman Robertson suggested that a committee be named to study the matter of the City Fire Ordinance, whereupon Mayor Reed appointed Councilman Robertson, Fire Chief Crocker, A. M. Nelson, Maury Stanley and Chief of Police HodgAnson as the Committee. ; Hubbard Howe spoke to the Council regarding an extension of a certain lease of City owned property and the City Attorneywas asked to preps same for presentation at the next meeting of the Counc The request of Rev. Father Noonan presented at the last meeting for the vacation of a certain alley in Block 14, Section B was brought up for consideration, the Council was advised by the City Engineer that no utilities were involved; that the church owned the • property on both sides of the alley and that since traffic was provided through the extension of the alley in the rear of the block to 15th Street, hence the alley to be vacated was serving no useful purpose, besides being a traffic hazard. On motion of Councilman Robertson, seconded by Councilman Allen and carried, the City Attorney was directed to prepare the Ordinance of Intention for the vacation of the alley. ADJOURNMENT On motion of Councilman Allen, seconded by Councilman Robertson and carried an adjournment was taken Sine Die. Mayor of the Uity of Newport _ea`ch Councilman Councilman _Councilman _ Councilman ATT sTs City ulerk mm Apkn. of Agnes Sitos to install hose and reel and meter for dispensing fuel, granted. Apkn, of Robert V. Staats for permit to install pier, granted. Matter of a certain easement needed in Block L. Tract 323, CDM in connection with sewer installations Engineer to contact owner of property. Committee appointed to study City Fire Ordinance. Hubard Howe spoke to Council regarding extension of certain lease of City property. Request of Father Noonan for the vacation of a certain alley in Block 14, Section B. attorney instructed to prepare Ordinance of Intention for vacation of an alley. Res. No. 3443 Councilman Allen moved the adoption of a resolution, Additions and improvements being a resolution determining that the public interest and to City Water System. necessity demand the acquistion and construction of a certain municipal improvement, and making findings relating thereto. The motion for adoption was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3443 and was adopted by the following roll call vote; to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN; - None The above is hereby attached to and made a part of the minutes of the Council of the City of Newport Beach at its adjourned regular session held on the 24 h day of Fe ruary, 1947. ity Clerk