HomeMy WebLinkAbout11/24/1947 - Regular Meeting42
Report of committee on
Fire Zones, referred to City
Attorney.
Lease of property to Girl
Scouts, Laid on the'Table.
Lease of City property in
Tract 919, State Hwy., given
to Harbor Investment Co.
Checks accompanying other
bids for lease, returned.
Apkn. of S.B. MacA °Levy for
license to sell electrical
appliances, Laid on the Table.
Anonymous letter re Oil well
ordered filed.
Letter from Mrs. R.C. Davis re
oil well, ordered filed.
Letter of A.W. Hookway objecting
to acquisition of China Cove,
filed.
Communication from Planning
Commission for the employment
of a Planning Consultant, Laid
on the Table.
Letter from Chief of Police
re temporary shelter on the
beach, no action taken.
Letter from Wm J.BryanF, Jr
re: mooring of commercial boats
in residential area.
November 24, 1947
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 Reed
presiding.
The roll was called, the following Councilmen
answering present: Allen, Isbell, Robertson, Siler, Reed.
"he 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 SPECIAL COMMITTEES
The Committee appointed to report on Fire Zones
submitted a report which on motion of Councilman Allen, seconded
by Councilman Robertson and carried, was referred to the City
Attorney.
Attorney Ashton representing the Girl Scant Organiza-
tion brought the matter of the lease from the City to that
organization, the question of tax exemption, fire insurance and
other phases of the lease in which the City Attorney advised
and on motion of Councilman Allen, seconded by Councilman Isbell
and carried, the lease matter was Laid on the Table until the
next meeting of the Council.
The Committee appointed to investigate and report
on the question of a lease on certain City onwed property in
Tract 919 on the North Channel and State Highway recommended
that the lease be given to the group represented by the Newport
harbor Investment Company, whereupon Councilman Isbell moved
that the City Attorney be directed to prepare the lease to be
submitted to the City Council for study and approval. The
motion was seconded by Councilman Robertson and carried. In
this connection City Attorney Thompson advised the Council that
the preparation of the lease entailed extraorinary work and
requested additional pay for its preparation and on motion
of Councilman Isbell, seconded by Councilman Siler the additional
pay was granted by the following roll call vote:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSEAT, COUNCILMEN: None
On motion of Councilman Robertson, seconded by Council-
man Robertson, seconded by Councilman Siler and carried, the
checks accompanying other bids submitted for the lease were
ordered returned.
REPORTS OF STANDING COMMITTEES: None
COMMUNICATIONS
The application of S. B. Mac A'levy for a license
to sell and rent electrical appliances including Bendix washing
machines was on motion of Councilman Isbell, seconded by
Councilman Siler and carried, Laid on the Table for a definite
address.
An anonymous letter in reference to an oil well on
43rd Street was on motion of Councilman Allen, seconded by
Councilman Siler and carried, ordered filed.
A letter from Mrs. R. C. Davis to permit the pumping
of an oil well on 43rd Street was on motion of Councilman Allen
seconded by Councilman Siler and carried, ordered filed.
�1=. The letter of A. W. hookway objecting to the acquisitlon
of ChYa Cove was on motion of Councilman Allen, seconded by
Councilman Isbell and carried, ordered filed with other protests
in the matter.
The communication from the Planning Commission
suggesting the employment of a Planning Consultant and recommen-
ding Gordon Whitnall for the purpose was read together with a
letter from Brysis N. Whitnall in connection with the matter.
After some discussion of the question it was moved by Councilman
Allen, seconded by Councilman Isbell and carried, that the same
be Laid on the Table for further consideration.
A letter from Chief of Police hodgkinson in reference
to the request of Mrs. Mary Cordeiro for permission to provide
a temporary shelter on the beach was presented and on advice
of the City Attorney no official action was taken on the matter.
Mrs. Cordeiro addressed the Council.
The letter of William J. Bryant Jr. regarding the
mooring of commercial boats in a residential area and urging
that some action be taken to remedy the situation was presented
whereupon City Administator Sailors advised that the matter
had been taken up with the Coast Guard authorities and the
Harbor Master. City Attorney Thompson advised tae Council that
the 15th Street pier was a City owned pier and suggested that
the Harbor Master post same to the effect that no boats be
allowed to tie up to the pier. On motion of Councilman Robertson,
seconded by Uouncilman Siler and carried, the harbor Master
was ordered to be instructed to comply with the order.
7
The request of Maurie Stanley for a contribution
toward providing Christmas decorations for Balboa Island was
presented and on motion of Councilman Robertson, seconded by
Councilman Siler the amount of $100.00 was granted by the
following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robeston, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The request of Street Superintendent Covert for the
employment of Coy B. Smith as laborer in the Street Department
at the rate of 4163.00 per month effective October 20,1947 was
on motion of Councilman Allen, seconded by Councilman Siler
granted by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The request of City Administrator Sailors for the
employment of Pauline P. Wood to replace Beatrice Love,
' resigned, in the Water Department at the rate of 5142.00
per month, effective November 19, 1947 was on motion of
Councilman Allen, seconded by Councilman Siler granted by
the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
u
The request of Park Superintendent MacDonald for
the employment of Oscar L. Johnston in the Park Department
at the rate of .SS¢ per hour, effective October 29, 1947 was
on motion of Councilman Allen, seconded by Councilman Robertson
granted by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None.
The letter of City Administrator Sailors with a
recommendation thatzil City employees be granted a cost of
living bonus of $20.00 a month, effective December, 1, 1947
and for a period of six months was presented, whereupon
Councilman Allen moved the adoption of a resolution, being
a resolution authorizing the granting of a cost of
living bonus of $20.00 for each City employee, effective
December 1, 1947 and for a period of six months. The motion
was duly seconded by Councilman Isbell and the resolution
adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
UNFINISHED BUSINESS
The ordinance its congection with the application
of Southern California Edison "ompany for Electric Franchise
came up for final passage and on motion of Councilman Robertson
seconded by Councilman Allen and carried the reading of the
ordinance was dispensed with, whereupon 6ouncilman Robertson
moved the adoption of the ordinance, being an
ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON
COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE
TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY
WITHIN THE CITY OF NIV PORT BEACH FOR ANY AND ALL
PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION
19 OF ARTICLEXI OF THE CONSTITUTION OF THE STATE
OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS
AMENDMENT ON OCTOBER 10, 1911, ALL POLES, WIRES,
CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY
HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS,
ALLEYS, WAYS AND PLACES WITHIN SAID CITY, AND TO
CONSTRUCT AND USE IN SAID PUBLIC STREETS, ALLEYS,
WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS,
NECESSARY OR PROPER FOR SAID PURPOSES.
The motion for adoption of the ordinance was duly seconded
by Councilman Allen, the ordinance designated Ordinance No. 566
and was adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
43
$100 appropriation for
Christmas decorations for
Balboa Island.
Employment in Street Dept.
Employment in 'Plater Dept.,
City Hall.
Employment in Park Dept.
All City employees granted
$20.00 bonus for period of
six months.
Ord. No. 566
Granting Franchise to
Southern California Edison
Company.
44
Res approving Franchise Bond The bond in the amount of 01,000 submitted by Southern
filed by Southern California California.Edison Company, Ltd., in accordance withthe provisions
Edison Co. of Section 6 of Ordinance No. 566 was approved by the City Attorney,
whereupon Councilman Isbell moved the adoption of a resolution,
being a
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, APPROVING A FRANCHISE BOND FILED
BY SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION.
`Yhe motion for adoption of the resolution was duly
seconded by Councilman Allen and the resolution was adopted by
the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, 'Oiler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Res. No. 3545 This being the time set for the hearing of protests
Ordering vacation of portions in connection with the vacation and abandonmentt of portions of
of Ocean Front. Ocean Front in the City of Newport Beach, the �dlerk advised that
no written protests had been filed against the proposed vacation,
Mayor Reed then asked if any one in the audience wished to protest,
no one responded and on motion of Councilman Robertson, seconded
by Councilman Allen and carried, the hearing was ordered closed,
whereupon Councilman Robertson moved the adoption of a resolution,
being a Resolution Ordering Vacation, the motion for adoption of
the resolution was duly seconded by Councilman Allen, the res-
olution designated Resolution No. 3545 and was passed by the
following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Agreement with R. L. Ward An Agreement by and between the City of Newport Beach
for exchange of property. and R. L. Ward and Pattie B. Ward for an exchange of certain
pro erty in Block 138, River section in connection with the widening
of oast Boulevard was presented and on motion of Councilman Allen,
seconded by Councilman Isbell the Mayor and City Clerk were
authorized to execute same on behalf of the City by the following
roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Res. No. 3546 Councilman Allen moved the adoption of a resolution,
Grant Deed from R. L. Ward being a resolution acception a Grant Deed from R. L. Ward and
Pattie B. Ward, covering certain property in Block 139 River
Section. The _motion for adoption was duly seconded by 6ouncilman
Isbell, the resolution designated Resolution No. 3546 and was
carried by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Gordon B. Findlay awarded In connection with a certain Agreement by and between
contract for moving builiIng the City of Newport Beach andThomas A. Sanson wherein a certain
in agreement with Thomas A. building, or buildings are to.be moved and relocated by the City,
Sanson. due to the proposed widening of Coast Boulevard, it was moved
by Councilman Allen, seconded by Councilman Robertson that
Gordon B. Findlay be awarded the contract for moving the building
and relocating same on a basis of cost plus ten percent. The
motion was carried by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Reduction of retirement age for City Administrator Sailors presented the matter of
Police Dept, approved. reduction of retirement age for the Police Department with an
estimate of the cost in connection there�rith and on motion of
Councilman Isbell, seconded by Councilman Allen the same was
approved by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Communication of Planning the communication of the City Planning Commission in
Commission with reference to reference to the rezoning of the northerly half of Blocks 10,
rezoning of northerly half 11, and 12 from R -2 to R -3 classification advised that it did
of Blocks 10,11,12 to R -3. not wish to chan-e its position on the question until such time
Tract 234. as the matter could be studied further with the aid of a planning
consultant. The Council was addressed by Mrs. Georgette Gordon
In favor of the rezoning and it was the consensus of the Council
that the rezoning requested should be approved, but suggested
that some means of'enforcing architectural restribtions 'should
be employed, and further that it should be laid over pending the
advice of a Planning Consultant. After considerable discussion
r
FJ
of the question it was moved by Councilman Robertson that the
matter be put to a vote of the Council. The motion was seconded
by Councilman Siler with the following result:
AYES, COUNCILMAN: Allen
NOES, COUNCILMEN: Siler, Isbell, Robertson, Reed
ABSENT, COUNCILMEN: None
NEW BUSINESS
Resolution No. 320 of the Planning Commission granting
a 50% front yard setbmk for Lot 1, Block M., Seashore Colony
Tract on the application of K. G. Graham was on motion of Council-
man Allen, seconded by Uouncilman Robertson and carried, approved.
Resolution No. 321 of the Planning Commission granting
a 50% side yard setback for Lot 24, Block 15, Section B on the
application of W. C. Lambert was on motion of Councilman Allen,
seconded by Councilman Isbell and carried, approved.
Councilman Robertson moved the adoption of a resolution
being a resolution authorizing the Mayor and City Clerk to execute
on behalf of the City of Newport Beach a deed of Right of Way to
the County of Orange covering
The North fifty (50) feet of the Northwest
one - quarter MID of Section 5, T. 6 S.,
R. 10 West., S,.B. B. & M., said strip of
land to extend from the Weet line of sajd Section
5 Easterly to the Westerly line of the flight
of Way of the Channel for the Santa Ana-River.
The motion for adoption of the resolution was duly
seconded by Councilman Isbell, the
tion No. 3545 and was passed by the
AYES, COUNCILMEN: Allen,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMENv: None
resolution designated Resolu-
following roll call vote,
Isbell, Robertson, Siler,
Bids advertised for the extension of Ocean Boulevard,
Corogna Del Mar were submitted by Cox Brothers Construction Co.
of X41,420.32 and Oully- Miller Construction Co., of 01,129.50.
The bid of Sully- Miller Construction Company being the lowest
bid submitted it was moved by Councilman Isbell, seconded by
Souncilman Robertson that the award be made to that company.
The motion was carried by the followtg roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
On motion of Councilman Robertson, seconded by
Councilman Isbell and carried, the check accompanying the
unsuccessful bidder was ordered returned.
Councilman Robertson moved the adoption of a
resolution, being a resolution authorizing the Mayor and City
Ulerk to execute a contract on behalf of the City of Newport
Beach and Sully - Miller Construction Company for the extension
of Ocean Boulevard, Corona Del Mar. The motion was duly
seconded by Councilman Isbell, the resolution designated
Resolution No. 3547 and was passed by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
In the matter of the continued hearing on the investi-
gation report heretofore filed by the City Engineer for the ad-
quisition of certain property in China Cove having been here-
tofore continued to the 24th day of November, 1947, the City
Attorney reports that the hearing on the temporary restraining
order in the buperior Court of Orange County, California, has
been continued to the 5th day of December, 1947.
Therefore, it was moved by Councilman Allen that the
nearing on the investigation report be further continued to
the hour of 4 o'clock P1 M. on the 5th day of December, 1947,
which motion was seconded by Councilman Isbell and carried by
unanimous vote of all Councilmen present. Said motion specified
Resolution No. 3549_R
Councilman Allen moved the adoption of a resolution,
being a resolution authorizing the Mayor and City Ulerk to
execute on behalf of the City of Newport Beach, the following
quitclaim deed to the following person and covering the
following described property:
Bruce C. Countryman Lots 20 and 22, Block 743
Corona Del Mar
The motion was duly seconded by Councilman Isbell and the
resolution was adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
45
Res. No. 320 of Planning
Commission, approved.
Res. No. 321 of Planning
Commission, approved.
Res. No. 3545
Deed of Right of Way to
County of Orange.
Bids for extension of Ocean
Blvd., CDM, awarded to
°bully- Miller Construction Co.
Check of unsuccessful bidder,
returned.
Res. No. 354 Contract to Miller for
extension of Ocean Blvd. OD14
Bearing on acquisition of
China Cove continued until
December 5, 1947-
Res. No. 3549 -R
Quitclaim Deed
Plans and specifications for
replacing certain wooden pipe
line, approved.
Advertise for bids for the
purchase of water pipe.
City Engineer to proceed with
work for replacing wooden pipe
line.
Certain house encroaching on
City property, no action taken
Apkn. of D. McKenna for permit
to construct bulkhead, granted
Apkn. of M.J. Franklin for
permit to construct seawall
granted.
City Engineer Webb presented plans and specifications
for the replacing of a certain wooden pipe line with another
type, or types of pipe and on motion of Councilman Isbell,
seconded by Councilman Robertson and carried, the plans and
specifications were approved.
On motion of Councilman Isbell, seconded by Councilman
Robertson and carried, the City Clerk was directed to advertise
for bids for the furnishing of 7,250 lineal feet of 24 inch
water pipe.
On motion of Councilman Isbell, seconded by Councilman
Robertson the City Engineer was authorized to proceed with the
work of replacing a drain pipe at Lake and 37th Street with a
wooden wall and cement by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
A[iSEN'T, COUNCILMEN: None
City Engineer Webb brought up the matter of a house
encroaching upon City property said house being located on Lot 10,
Tract 742, Balboa Island, No action was taken.
The application of Dorothy McKenna for a permit to
construct a bulkhead between 8th and 9th Streets and Bay Avenue
was on motion of Councilman Isbell, seconded by Oouncilman
Robertson and carried, granted.
The application of M. J. Franklin for a permit to
construct a seawall fronting on Lot all, Tract 907 was on motion
of Councilman Siler, seconded by Councilman Isbell and carried,
Granted.
City Engineer reported on City Engineer Webb reported on the amount of improvements
improvements made in the Water made in the Water Department, due to the increased collections.
Dept.
Attorney Lon A.. Brooks addressed the Council on behalf
Attorney Lon A Brooks of a client owning six lots in River Section between 42nd and 43rd
addressed Council re: oil Streets with a request that his client be permitted to produce
well drilling. oil from alleged existing oil wells on his property. City Attorney
Thompson advised that due to the Zoning Ordinance of the City,
production of oil was prohibited.
ADJOURNMENT
On motion of Councilman Siler, seconded by Councilman
Allen, an adjournment was taken 6ine Die.
Mayor of the ity of ewport BeacF
ouncilman
ouncilman
Councilman
Councilman
ATT ST:
r
i y Ulerk
1