HomeMy WebLinkAbout12/08/1947 - Regular MeetingDecember 8, 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.
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.
On motion of Councilman Allen, seconded by Council-
man Siler and carried, the regular order of business was changed
in order to take up the matter of the proposed acquisition of
certain property in the vicinity of China Cove for the purpose
of creating a public beach.
!�
written report and ruling by the City Attorney on
the 'Uhina Cove' matter was read, and was to the effect that
the proposed improvement or acquisition should be abandoned,
' in view of the report of the City Engineer . showing that upwards
of fifty percent of the property owners in the district to
be assessed for the acquisition of the property were opposed
to the project. After some discussion of the question, the
Mayor asked if any one in the audience wished to be heard on
the matter when Walter Gerhardt addressed the Council concern-
ing the legal status of the protests which was explained by
the City Attorney, whereupon Councilman Allen moved that the
proceedings for the acquisition of the property surrounding
'China Cove' be abandoned. The motion was seconded by Council-
man Siler and carried by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
In connection with the Notice inciting bids for the
furnishing of 7250 feet of water pipe, the Clerk advised that
three bids had been submitted, being those of American Cast
Iron Pipe Company, American Pipe and Consttruction Uompany
and Southern Pipe and Casing Company. The bids were opened
and read and on motion of Councilman Isbell, seconded by
Councilman Robertson and carried, were referred to the City
Engineer for checking and report at the next meeting of the
Council.
MINUTES OF THE HEARING.ON THE
ASSESSMENT FOR SEWERS IN COAST BOULEVARD
AND OTHER STREETS, RESOLUTION OF INTENTION
NO. 3424
-- - - - - - - - - - - - - - - -
December 8, 1947
The Clerk advised the City Council that this was the
time and place fixed pursuant to statute and notice given for
the hearing in the matter of the assessment for the construction
of sanitary sewers in Coast Boulevard and other streets, as
contemplated in Resolution of Intention No. 3424, adopted by
the City Council on the 13th day of January, 1947- The Clerk
also informed the said City Council the affidvaits of the
mailing, posting and publications of the Notice of filing
Assessment were on file in his office, and that no written
Appeals or objections had been filed in his office prior to
the day set for the hearing.
The Mayor then asked if there were any interested
persons present desiring to be heard in the above mentioned
matter. Mrs. E. A. Streng asked for information relative to
amount of assessment No. 233.
All interested persons having been given full
opportunity to show cause why said assessment should not be
' convirmed 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 the descripthn of Assessment No. bl9 be modified
to read 76128 feet of Lots 2 and 4, Block 541, Corona Del Mar,
and the amount be changed from $62.58 to $89.8b.
That the description of Assessment No. 620 be modified
to read SEly 41.72 ft of Lots a and 4, Block 541, Corona Del Mar
and the amount be changed from 4'200.58 to $173.30.
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 Siler
and carried by the following vote, to -wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
OF
1
Regular order of business
changed to consider China
Cove.
Proposed acquisition of
China Cove, abandoned.
Bids for furnishing water
pipe referred to City Engine
Hearing on matter of
construction of sanitary
sewers in Res Of Int 3424.
E
Said assessment and diagram
confirmed and approved.
Regular order of business
resumed.
Apkn. of S.B. MacA °Levy for
license to sell Bendix washers,
granted.
Apkn. of O.L. Porter for
license to rent row boats, or
with motors, CDM, denied.
Apkn. of Gar:, Owen for license
to operate auto agency,
granted.
Apkn. of L.H. Norman for permit
to install underground storage,
granted.
Request of CDM Business Assn
for donation for Christmas
decorations.
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 stisfied with
the correctness of the assessment and diagram as modified under
their instructions, it was moved by Councilman Siler, 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 bJ Councilman Allen,
and carried by the following vote, to -wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSEN -1!, COUNCILMEN: None
On motion of Councilman Isbell, seconded by Councilman
Robertson and carried, the regular order of business was resumed.
REPORTS OF HEADS OF DEPARTMENTS
On motion of Councilman Allen, seconded by Councilman
Isbell and carried, the report of the City 'Treasurer was read
and ordered filed. The reading of the reports of other depart-
mental heads was dispensed with and all the reports ordered filed.
REPORTS OF SPECIAL COMMITTEES: None
REPORTS OF STANDING COMMITTEES: None
COMMUNICATIONS
The application of S. B. Mac A'Levy for a license for
the sale, display and rental of electrical devices and appliances
and Bendix washing machines at 417, 31st Street, which was laid
over from a previous meeting for a better address, was presented
and on advice of the City Attorney it was moved by Councilman
Allen, seconded by Councilman Siler and carried, the license
was granted, subject to the provision that no laundering be
done on the premises.
The application of 0. L. Porter for a license to rent
row boar, or with motors at 900 Shore Avenue, Corona del Mar
was on motion of Councilman Robertson, seconded by Councilman
Allen and carried, denied due to the difficulty of moving the
boats to and from the beach and the danger to bathers.
The application of Gary Owen for a license to operate
an automobile agency for new and used G rs and service department
at 901 Coast Highway was on motion of Councilman Allen, seconded
by Councilman Siler and carried, granted, subject to proper housing
The application of L. H. Norman for a permit to install
underground. storage for the handling ofpetroleum products at 1313
Coast Highway, Corona del Mar, having been approved by the Fire
Chief, was on motion of Councilman Allen, seconded by Councilman
Siler and carried, granted.
The request of the Corona Del Mar Business Association
for a donation for Christmas decorations was presented and on
motion of Councilman Robertson, seconded by Councilman Allen
a donation of ?100.00 from the advertising fund was granted by
the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Request of NH Jr C of C The request of the Newport Harbor Junior chamber of
for donation for 'Floating Commerce for a donation toward defraying; the exepnse of the
Christmas Tree'. ' Floating Christmas 'Tree' and submitting an estimate of the
cost of same was presented and on motion of Councilman Robertson,
seconded by Councilman Allen a donation of 4100.00 from the
advertising fund was granted by tte following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Resignation of Lawrence P. The letter of Chief of Police Hodgkinson advising of
Goddard from P.D. accepted.. the resignation of Lawrence P. Gdddard as a member of the Police
Department and recommending acceptance of same was read and on
motion of Councilman Allen, seconded by Councilman Siler and
carried, the resignationwas accepted.
Request of Chief of Police The request of Chief of Police Hodgkinson for an
for appropriation to cover cost appropriation to cover the cost of uniforms at $'50:00 each
of uniforms for reserve officers for eight Police Reserve officers was presented, said reserve
officers to be used during Easter Week, or other times when
additional men are needed. On motion of Councilman Robertson,
seconded by Councilman Siler and carried, the appropriation was
authorized by the following roll call vote, to wit:
AXES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Recd
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The request of Chief of Police Hodgkinson for the
temporary appointment of Warren Leonard Cassel as a member of
the Police Department, to succeed Lawrence,. P. Goddard, resigned,
effective December 9, 1947 at a salary of $19b.00 per month
was on motion of Councilman Isbell, seconded by Councilman
Robertson granted by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCIL'EN: None
The request of Chief of Police Hodgkinson for an
amendment to Ordinance No. 495 raising the license for bicycles
' from 25¢ to .50¢ was presented and on motion of Councilman
Isbell, seconded by Councilman Robertson, the ordinance amending
Ordinance No. 495 was passed to the second reading by the follow -
roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
' the letter of Basil H. Peterson, President of Orange
Coast Junior College asking about the transfer of an existing
lease held by the Sea Scout organization on certain City owned
property on the North Channel in Tract 910. On motion of
Councilman Siler, seconded by Councilman fsbell and carried,
the letter was ordered filed.
The request of the Water Superintendent for the employ-
ment of Coy B. Smith in the Nater Department at the rate of
pay of .92¢ per hour, said employee being transferred from the
Street Department, was on motion of Councilman Allen, seconded
by Councilman Isbell approved by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNGILMEN: None
The Water Superintendent requmted the employment
of the following men at the rate of .92¢ per hour: Philip
Delgado, Clarence W. Lindgerg, Robert G. Williams and Alexander
T. Higera. On motion of Councilman Allen, sedonded by Council-
man Siler the same was approved by the following vote, to wit::
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: NOne
ABSENT, COUNCILMEN: None
' The request of City Administrator Sailrs for credits
in the Water Department in the Amount of 4170.32 due to
adjustments and uncollectable accounts was on motion of
Councilman Isbell, seconded by Councilman Ro::)ertson, granted
by the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, tiler,
Reed
NOES, COUNCILMEN: None
ABSENT, C3JNCiLMEN: None
UNFINISHED BUSINESS
This being the date set for the hearing in the matter
of rezoning of Lots 19 and 20, Block 23, Newport Beach from
R -2 to C -1 classification as approved by the Planning Commission,
the Clerk advised that no written protests had been filed, the
Mayor tnen asked if any one in the audience wished to protest
the rezoning of the property, no one responded, whereupon Council-
man Allen moved that an ordinance amending the Zoning ordinance
to comply with the above rezoning be passed to the second reading.
The motion was seconded by Councilman Robertson and the ordinance
amending Ordinance No. 525 waspassed to the second reading by
the following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
the matter of employing an architect to design the
proposed fir e station in Corona Del Mar, laid over from a
previous meeting, was brought up for consideration and
Councilman Robertson moved that Philmer Ellerbroek be employed
for the work as recommended by the committee appointed to make
' the selection. Councilman Allen suggested that the City Engineer
be delegated to design the proposed building, but the motion
of Councilman Robertson, being seconded by Councilman Isbell
was carried by the following roll call vote, to wit:
AY>!:S, COUNCILMEN: Isbell, Robertson, Reed
NOES, COUNCILMEN: Allen, Siler
ABSENT, COUNCILMEN: None
FE
Request of Police Chief for
temporary appointment of
Warren L Cassel, granted.
Amendment to Ord No. 495
raising bicycle licenses
passed to second reading.
Letter from President of Orrin,
Coast Jr College about lease
of Sea Scout organization,
filed.
Employment in !,pater Dept.
Employment in Water Dept.
Request of City Administrator
for credits in 'plater Dept.
granted.
Ord amending Zoning Ord for
rezoning of Lots 19, 20,B1k 2,
Newport Beach, passed to
second. reading.
Philmer Ellerbroek to be
employed to design proposed
fire station in CDM
MM
Leases for proposed buildings
City Administrator Sailors presented the plans
of Girl Scouts and Teen - Agers,
and specifications of the proposed buildings of the Girl
Laid on the Table.
Scout Organization and the Teen - Agers sponsored by the
P.T.A. Organization, said buildings to be erected on City
onwed property. Due to some proposed changes in the leases
regarding fire insurance and other items, it was moved by
Councilman Isbell, seconded by Councilman Allen and carried,
that the leases be laid on the table until the next meeting
of the Councilman.
Balboa Angling Club requested
City Administrator Sailors brought the matter of the
some changes in their lease.
Balboa Angling Club lease in which the Club requested some
changes to conform with leases given to other lessees by the
City. And on motion of Councilman Allen, seconded by Council-
man Robertson the changes were authorized, pending the fire
insurance policy on the ''lub building being delivered. The
Quitclaim Deeds
motion was carried by following vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
NEW BUSINESS
Agreement with Gordon B.
In connection with a certain Agreement by and between
Findlay to move certain building
the City of Newport Beach and Gordon..B. Findlay, dated
on cost plus loo basis.
September 8, 1947 and approved by Resolution No. 3539, dated
October 6, 1947, in wnicn the City agre =d to defray the cost
of the removal of a certain building from Lot 1, Block 134,
Lake Tract to Lot 2 of same block and Tract, an estimate
of $1,249.13 was presented as the cost of the removal of said
building. Un motion of Councilman Robertson, seconded by
Councilman Siler, Gordon B. rindlay was authorized to transfer
the building and other improvements on cost plus 1076 basis
by the following vote, to wit:
AYES, UOUNUILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Quitclaim Deeds
Uouncilman Allen moved the adoption of a resolution,
being a resolution authorizing the Mayor and City Clerk to
execute on behalf of the City of Newport beak, the following
quitclaim deeds to the following persons and covering the
foll:w ing described property:
heirs and Devisee's of C. P. Warden, deceased
Lot 10, Block "I-T", 'Tract 518
heirs and Devisee's of U. P. Warden, deceased
Lot 17, block 34, New,.;ort Beach Tract
heirs and Devisee's of U. P. Warden, deceased
Lot 15, block 430, Lancaster's Addition
T ne motion was duly seconded by Councilman Isbell and the
resolution was adopted by the following roll call vote, to wit:
AYES, UuUNCILMEN: Allen, Isbell, Rooertmn, Siler,
Reed
NUES, UUUNuILMEN: None
ABSENT, COUNCILMEN: None
Audit of Monthly Demands
ane monthly Demands having been duly audited by
the finance Committee were on motion of Councilman Allen,
seconded by Councilman Isbell, were allowed and Warrants
ordered drawn by the following roll call vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Councilman Robertson moved the adoption of a res-
Res. No. 3549
olution, being a resolution of the City Council of the City
Memorandum of Agreement for
of Newport Beach adopting budget and approving Memorandum
gas tax allocation.
of Agreement for expenditure of gas tax allocation for Major
City Streets. The motion was duly seconded by Councilman
Allen, the resolution designated Resolution No. 35+9 and was
adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Alba, Isbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Apkn. of Chas. K. Peach for
The application of Charles K. Peach for a permit
permit to construct bulkhead,
to construct a bulkhead fronting on Lot 1, Block 336, Canal
granted.
Section was on motion of Councilman Robertson, seconded by
Councilman Isbell and carried, granted.
The application of Sara S. Peyton for a permit to install
a pier and float fronting on Lot 22, Tract 742, Balboa Island,
was on motion of Councilman Robertson, seconded by Councilman
Isbell, granted by the following vote, to wit:
AYES, COUNCILMEN: Isbell, Robertson, Reed
NOES, COUNCILMEN: Allen, Siler
ABSENT, COUNCILMEN: None
The application of Louis M. Boyle and Ernest M. Clark
for a permit to install two floats in connection with an
existing pier fronting on Lots 16 and 17, Bay Island wa$ on
motion of Councilman Robertson, seconded by Councilman shell
and carried, granted.
The application of George M. Prose to install a slip
and float for an existing pier fronting on Lot 3, Block 21,
Balboa Eastside Addition, was on motion of Councilman Robertson,
seconded by Councilman Siler and carried granted.
H. F. Kenny, President of the 6hamber of Commerce
addressed the Council with a request for donations for Christmas
decorations in various sections of the City. Volney Hay, ur.
also addressed the Council on the same subject and on motion
of Councilman Robertson, seconded by Councilman Allen, $100.00
' was granted to the Balboa Improvement Association, being the
same amount granted for other sections of the ,City, said
appropration to be made from the A�vertsiing rund. The motion
was carried, by the following roll call vote,-to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, SileV,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Councilman Allen moved the adoption of a resolution,
being a resolution wherein the City of Newport Beach consents
to the inclusion of the following described portion of the City
of Newport Beach within the boundaries of proposed County
Sanitation District No. 5
All of the incorporated, area of the City of Newport
Beach, except that territory annexed by said City pursuant to
Ordinance No. 558, adopted April 28th, 1947, said excluded
territory being commonly referred to as "The Presbyterian
Hospital of OrangeCounty."
The motion for adoption of the resolution, 'was duly
seconded by-Councilman Isbell, the resolution designated Res-
olution No. 3550 and was passed by the following roll call
vote, to wit:
AYES, COUNCILMEN: Allen, Isbell, Robertson, 6iler,
Reed
' NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Councilman Allen moved the adoption of a resolution,
being a resolution wherein the City of Newport Beach consents
to the inclusion of the following described portion of the
City of Newport Beach within the boundaries of proposed
County Sanitation District No. 6
All that portion of the incorporated area of the
City of Newport Beach which was annexed to said City pursuant
to Ordinance No. 558 adopted April 28th, 1947, said included
territory being commonly referred to as "The Presbyterian Hospital
of Orange County."
The motion for adoption of the resolution was duly
seconded by Councilman Isbell, the resolution designated Res-
olution No. 3551 and waspassed by thl folla�ing roll call vote,
AYES, COUNCILMEN: Allen, sbell, Robertson, Siler,
Reed
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
ADJOURNMENT
On motion of Councilman Allen, seconded by Councilman
Isbell and carried, an adjournment was taken to December 22, 1947-
Mayor of the City of ewport each
Councilman
' Councilman
Councilman
Councilman
AT SST:
Y
ty Ulerk
Apkn. of Sara S.
permit to install
float, granted.
51
Peyton for
pier and
Apkn. of L.M. Boyle & E.M.
Clak for permit to install
two floats, granted.
Apkn of G. M. Prose to
Install slip and float,
granted.
Request of Chamber of Commerce
for donations for Christmas
decorations.
Res. No. 3550
Inclusion of certain
into proposed County
Sanitation District
property
No. 5
Res. No. 3551
Ird usion of certain property
into proposed County
Sanitation District No. 6