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HomeMy WebLinkAbout01/12/1948 - Regular MeetingJanuary 12, 1948 The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall at the hour of 4 o'clock 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 ardthe reading of the minutes was dispensed with. Regular order of business changed. Plans and specifications for "Girl Scout Assn. "and "Newport Harbor Teen - Canteen Inc" approved.. Res. No. 3552 Granting lease to "Girl Scout Association" Res. No. 3553 Granting lease to "Newport Harbor Teen - Canteen, Inc" Regular order of business resumed. Apkn. of S. B. MacA'Levy for license to displayBendix washing machines, Laid on the Table. Apkn. of T. S. McElroy for license to operate "Horse Race game; denied. REPORTS OF HEADS OF DEPARTMENTS On motion of Councilman Allen, seconded by Councilman Slier 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 ' On motion of Councilman Isbell, seconded. by Councilman Allen and car-led, the regular order of business was changed In order to take up the matter of leases for certain City owned property to be granted to the 'Girl Scout Association' and 'Newport Harbor Teen - Canteen, Inc.' The plans and spedfications for the buildings to be erected on City owned property by the "Girl Scout Association" and "Newport Harbor Teen - Canteen Inc." were presented and reviewed by the City Council and on motion of Councilman Robertson, seconded by Councilman Isbell and carried, the plans and specifications were approved and ordered filed. Councilman 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 Beach a certain lease by and between the City of Newport Beach and the "Girl Scout Association." The motion for adoption of the resolution was duly seconded by Councilman Si ler, the Resolution designated Resolution No. 3552 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ' Councilman Allen moved the adgtion of a resolution, City Clerk being a resolution authorizing the Mayor and to execute on behalf of the City of Newport Beach a certain lease by and between the City of Newport Beach and "Newport Harbor Teen - Canteen, Inc ". The motion for adoption, of the resolution was duly seconded by Councilman Robertson, the resolution desigrated Resolution No. 3553 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Silk Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Robertson and carried, the regular order of business was resumed. C014MUNICATIONS The application of S. B. MacA'Levy for a license to display and rent electrical appliances including Bendix washing machines for use of customers for washing clothes at 417 - 31st Street was presented, together with a letter from Attorney John Martel outlining certain legal phases of the question. The matter was discussed by the Council, City Attorney and the applicant, the question arising as to what constitues ' a laundry on industry not permitted at the location due to zoning restrictions. On motion of Councilman Robertson, seconded by Councilman Siler and carried, the matter was referred to a Committee to be appointed by the Mbyor and Planning Commission, whereupon Mayor Reed appointed Councilmen Robertson, Siler and City Administrator Sailors as a commitee to meet with the Planning Commission an the subject. On motion of Councilman Robertson, seconded by Councilman Siler and carried, the application was Laid on the Table pending a report from the ' Committee and the Planning Commission. The application of Theodore S. McElroy for a license to operate a 'Horse RQce' game at 112 Main Street, Balboa was presented bringing up much discussion in which the Council was addressed by the applicant and the owner of the premises proposed to be used for the game. The consensus of the Council, due to previous objections presented, that no games should be permitted on that portion of Main Street and on motion of Councilman Allen, seconded by Councilman Isbell the application was denied by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Reed NOES, COUNCILMAN: Siler ABSENT, COUNCILMEN: None Regular order of business changed. Plans and specifications for "Girl Scout Assn. "and "Newport Harbor Teen - Canteen Inc" approved.. Res. No. 3552 Granting lease to "Girl Scout Association" Res. No. 3553 Granting lease to "Newport Harbor Teen - Canteen, Inc" Regular order of business resumed. Apkn. of S. B. MacA'Levy for license to displayBendix washing machines, Laid on the Table. Apkn. of T. S. McElroy for license to operate "Horse Race game; denied. R+ `�� Apkn. of D. R. Kitchen for license to operate cafe, granted. Apkn. of Mesa Cab Co. to overate taxi service, referred to Chief of Police. Apkn. of R. M. Patterson for license to operate cafe, granted. Apkn. of J. I. Harris for license to operate cafe, granted. Request of Jesse R. Skeen for lease on new City Hall site, denied. Letter from H. 0. Ensign, for appropriation for recreat- ional facilities. Reauest of Christian Science Church for removal of tree. Letter from Sully- Miller Co. Letters from Eugene Weyant and 0. C.Tingle,y complaining of type of buildings on Newport heights. Letter of thanks directed to designer of Npt Bch float in Tournament of Roses. Creation of new classifications of pay ranges in sewer and water depts., approved. Promotion and employment in water Dept. Letter of L. W. Briggs recomm- ending the appointment of L. D. Tilton as Planning Consultant. Request of Chief of Police for 30 days vacation, granted. Res. No. 322 of Planning Commission for John Sadleir, Laid on the Table. The application of Donald R. Kitchen for a license to operate "Cherlys Cafe" at 322 Marine Avenue, Balboa Island, was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted, subject to the approval of the Health Officer. The application of the Mesa Cab Company for a license to operate a Taxi service was on motion of Councilman Isbell seconded by Councilman Allen and carried, referred to the CYief of Police. The application of Ralph M. Patterson for a license to conduct the "Harbor Cafe" at 517 - 30th Street, having been approved by the Health Officer was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted. The application of Julia I. Harris for a license to operate a cafe at 2614 West Central Avenue, having been approved by the Health Officer, was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted. The request of Jesse R. and Leta Skeen for a lease on certain City owned property on the new City Hall site for a flower shop was on motion of Councilman Allen, seconded by Councilman Siler and carried, denied. The communication from H. 0. Ensign, District Superintendent of the City Grammar Schools requesting an appropriation from the City for recreational facilities was on motion of Councilman Siler, seconded by Councilman Allen and carried, referred to City Administrator Sailors. The request of the Christian Science Church for the removal of a tree at the approach of the church was on motion of Councilman Isbell, seconded by Councilman Siler and carried, referred to the Park Ddpartment. The letter from Sully- Muller Contracting Company regarding the surfacing of the alleys on Balboa Island and advising that the repairs had been made to the satisfaction of the City Engineer was on motion of Councilman Allen, seconded by Councilman Siler and carried, ordered filed. Letters from Eugene Weyant and 0. C. Tingley complaining of the type of buildings being located in the 400 Block, Riverside Avenue, Newport Heights was on motion of Councilman Isbell, seconded by Councilman Robertson and carried, referred to the building Inspector with instructions to investigate the matter. The picture of the Newport Beach float In the Tournament of Roses pageant presented to the City Council was received and a letter of thanks to Leonard Roach, the donor, was directed to be sent as well as a letter of appreciation to Lewis Stanley, Designer of the float on motion of Councilman Siler, seconded by Councilman Robertson and carried. The recommendation of City Administrator Sailors for the creation of new classifications of pay ranges in the sewer and water departments was approved on motion of Councilman Allen, seconded by Councilman Siler and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The recommendation of Water Superintendent McMillan for the promotion of Loy Smith, Durl Tipping and Cleo McFarland from Water Service Man Grade I to Water Service Man Grade II with salaries as follows: Loy Smith �;19b.00; Durl Tipping $215.00; and Cleo McFarland $p187.00 effective January 1, 1945, and the recommendation of Water Superintendent McMillan for the promotion of Charles Sonneman to the New Classification of Pump Operator Foreman with a rate of pay of $225.00 effective January 1, 1945, was on motion of Councilman Robertson, seconded by Councilman Allen approved by the following-roll call vote, to wit: AYES, COUNCILM -N: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The letter of Louis W. Briggs recommending the appoint- ment of L. Deming 'Tilton as Planning Consultant together with the communication from the Planning Commission relating to the subject of a Planning Consultant were read, Councilman Allen suggesting an interview with L.Deming 'Tilton and Councilman xobertson suggested an interview with a Mr. Bennett first. No action was taken. The request of Chief of Police Hodgkinson for permission to take thirty days vacation commencing January 15, 1945 and ending February 15, 1945 was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted. UNFINISHED BUSINESS Resolutuion No. 322 of the Planning Commission in reference to the application of John Sadleir for the rezoning of a portion of Lot 9, Block 730, Corona Del Mar and which was denied by the Planning Commission was presented, whereupon the n applicant addressed the Council requesting that his application be approved by the City Council. Considerable discussion was had on the matter and on motion of Councilman Robertson, seconded by Councilman Siler and carried, same was Laid on the Table pending an investigation by the itembers of the Council. Resolution No. '323 of the Planning Commission denying the application of J. H. einhart, Phil F. Holmer and William W. Cowan for the rezoning of Lots 1, 3, 5 and 7, Block 730, Corona Del Mar from R -2 to C. -1 classification was presented, William W. Cowan addressing the Council on the matter and on motion of Councilman Siler, seconded by Councilman Allen and carried, the matter was Laid. on the Table, pending an investigation by the Council members. Resolution No. 324 of the Planning Commission in reference to its resolution No. 313 proposing the rezoning of Lots 10, 11, 12 and a portion of 13, Block 130, Lake Tract and Lots 1, 2, 3 and 4, Block 129, Lake Tract, Lots 17, 19 and 19 Block 29, Newport Beach Tract and Lots 22, 23, and 24, Newport Beach Tract from R -2 to C -1 classification was presented with the indication that the vote of the members of the Planning Commission failed to carry for the rezoning and the resolution referred to the City Council for consideration. On motion of Councilman Siler, seconded by Councilman Isbell and carried, the action of the Planning Commission was approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Resolution No. 325 of the Planning Commission granting a variance to Elsie R. Karl and Albert D. Oberg for Lots S and 9 Block 15, Eastside Addition to Balboa, was on motion of Councilman Allen, seconded by Councilman Robertson approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Resolution No. 326 of the Planning Commission denying the application of Dr. Lucius Phelps for a variance respecting Lot 33, Tract 884 was on motion of Councilman Allen, seconded by Councilman Siler approved by the following vote, to slit: AYES, COUNCILMEN: Allep, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The matter of installing parking meters in the area between 25th and 35th Streets, presented by Chief of Police Hodgkinson at the previous meeting, was brought up, together with a survey of the situation which showed a majority of the people in that area being favor of the meters. Engineer x. L. Patterson also addressed the Council in favor of the meters and on motion of Councilman Robertson, seconded by Councilman Isbell the installation of the parking meters was approved by the following vote, towit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None NEW BUSINESS On motion of Councilman Allen, seconded by Councilman Isbell and carried, the deed from the City of Newport Beach to Griffith Company was Laid on the Table pending the resolution approving same from the City Attorney. On motion of Councilman Allen, seconded by Councilman Siler, the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach a certain agreement by and between the City of Newport Beach and Allen R. Mitchell wherein the City upon receivin= a good and sufficient title to Lots 1,2, 3 and 4, Block 14+, Canal Section will convey to Allen R. Mitchell a good and sufficient title to Lots 1 and 4, excepting the Southwesterly 25 feet, all of Lots 2 and 3. Block 144, Canal Section. The motion was carried b,; the following vote, to wit: AYES, COUNCILMEN: Allen, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Siler, Robertson, Isbell, Councilman 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 Beach, the following quitclaim deeds to the following persons and covering the following described property: L. J. Meyberg Elizabeth S. Kirsch Lots 3 and 6, Block 16 Eastside Add to Balboa Lot 9, SW 10' of Lot 11 31k 238.Corona Del Mar 5? Res. No. 323 of Planning Commission, Laid on the Table. Res. No. 324 of Planning Commission in reference to its resolution No. 313, action approved. Res. No. 325 of Planning Commission, approved. Res. No. 326 of Planning Commission denying apkn of Dr. Phelps, approved. Installation of parking meter= between 25th and 35th Streets approved. Deed to Griffith Company Laid on the Table. Agreement with Allen R. Mitchell for lots An Block 144, Canal Section. Quitclaim Deeds _i Ell Letter of thanks directed to On motion of Councilman Isbell, seconded by Councilman be sent to John R. Summers, Robertson and carried, a letter of thanks was directed to be sent retiring. to John R. bummers who retires on February 1, 1945 for the faithful performance of duties on the police force and license department. Res of Intention adopted to City Attorney Thompson presented a resolution, being approve amendment to contract a Resolution of Intention to approve amendment to contract providing with State Employees Retire- for participation in State Employees Retirement System. The res- ment System. olution was read in full and on motion of Councilman Allen, seconded by Councilman Siler the resolution was adopted by the following roll , call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Rober'son, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3554 Councilman Allen moved the adoption of a resolution, being Cancelling certain lease a resolution cancelling a certain lease given by the City of Newport to Newport Harbor Union Beach to Newport Harbor Union High School for certain described High School. lands fronting on the North Channel of Newport Bay in Tract 919. The motion for adoption of the resolution was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3554 and was passed by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None - ABSENT, COUNCILMEN: None Letter from Jergins Oil Cc The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote, to wit: to them of a certain contract between the City of Newport Beach and AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, contract between City and Reed NOES, COUNCILMEN: None also presented, said contract being for the drilling and development ABSENT, COUNCILMEN: None Audit of Monthly Demands. The monthly Demands having been duly audited by the Finance Committee were on motion of Councilman Allen, seconded Pyles, a representative of the jergins 011 Company addressed the by Councilman Isbell, were allowed and Warrants ordered drawn by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed of the matter, in whcih Ralph P. Maskey spoke against the development NOE$, COUNCILMEN: None ABSENT, COUNCILMEN: None Committee appointed to look Mayor Reed appointed Councilmen Robertson and Siler, into matter of furnishings City Treasurer Gant, City Engineer Webb and City Administrator for new City Hull. Sailors as City Hall Committee to look into the matter of furnishings for the new City Hall. The appointments were approved on motion matter be laid over until the next meeting of the Council. On of Councilman Allen, seconded by Councilman Isbell and carried. Matter of City operating Mayor Reed brought the matter of the proposed State Park proposed State Park at at Corona Del Mar advising on the question of the City operating Corona Del Mar. ' same and on motion of Councilman Robertson, seconded by Councilman Siler and carried, a letter was directed to be sent to the California State Park Commission approving the plan of operation by the City of AYES, COUNCILMEN: Allen, Siler, Robertson Newport Beach. Gordon Findlay authorized In connection with the agreement by and between the City to move building on cost of Newport Beach and rierman Peiper in whcih the City agrees to remove plus loo basis. a certain building it was moved by Councilman Robertson, seconded Res. No. 3555 by Councilman Isbell that Gordon B. Findlay be authorized to move the building on a cost plus ten percent basis, the estimated cost a resolution accepting a Grant Deed from Lena M. Quemby covering being $1,457.72. The motion was carried by the following r611 call Lena M. Quemby. vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed adoption was duly seconded by Councilman Isbell, the resolution NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Letter of thanks directed to On motion of Councilman Isbell, seconded by Councilman be sent to John R. Summers, Robertson and carried, a letter of thanks was directed to be sent retiring. to John R. bummers who retires on February 1, 1945 for the faithful performance of duties on the police force and license department. Res of Intention adopted to City Attorney Thompson presented a resolution, being approve amendment to contract a Resolution of Intention to approve amendment to contract providing with State Employees Retire- for participation in State Employees Retirement System. The res- ment System. olution was read in full and on motion of Councilman Allen, seconded by Councilman Siler the resolution was adopted by the following roll , call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Rober'son, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3554 Councilman Allen moved the adoption of a resolution, being Cancelling certain lease a resolution cancelling a certain lease given by the City of Newport to Newport Harbor Union Beach to Newport Harbor Union High School for certain described High School. lands fronting on the North Channel of Newport Bay in Tract 919. The motion for adoption of the resolution was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3554 and was passed by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None - ABSENT, COUNCILMEN: None Letter from Jergins Oil Cc A letter from Jergins Oil Company requesting the transfer requesting transfer of certain to them of a certain contract between the City of Newport Beach and contract between City and D. W. Elliott a letter from the latter requesting the assignment was D. W. Elliott, Laid on the also presented, said contract being for the drilling and development Table. for oil and gas of tidelands of the City of Newport Beach. E. E. Pyles, a representative of the jergins 011 Company addressed the Council at length on the subject. After considerable discussion of the matter, in whcih Ralph P. Maskey spoke against the development of oil in or adjacent to the City. Councilman Robertson asked for more time to study the matter, not being a member of the Council ' at the time the contract was entered into, and requested that the matter be laid over until the next meeting of the Council. On motion of Councilman Allen, seconded by Councilman Robertson the matter of agreeing to the assignment of the oil contract was Laid on the Table by the following mte, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson NOES, COUNCILMEN: Isbell, Reed ABSENT, COUNCILMEN: None Res. No. 3555 Councilman Allen moved the adoption of a resolution, being Accepting Grant Deed from a resolution accepting a Grant Deed from Lena M. Quemby covering Lena M. Quemby. property of Lot 23, Block 135, River Section. The motion for adoption was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3555 and was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Robertson, Isbell, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 59 The application of Walter R. Jewell, E. S. lIcKittrick Apkn W.R. Jewell, i4cKittr1& and William A. Johnson for a permit to construct a joint seawall `.'.A. Johnson, permit for joint fronting on Lots 3 ". 35, and 36, Tract 894 was on motion of seawall, granted. Councilman Isbell, seconded by Councilman Allen and carried, granted. The application of A. W. Lewis for a permit to con- Apkn of A.W. Lewis for permit struct a seawall and secondary seawall fronting on Lot 326, to construct seawall, granted. Tract 907 was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted. ADJOURNMENT On motion of Councilman Allen, seconded by Councilman Siler and carried, an adjournment was taken to 4 P.M. January 26, 1948. Mayor of the City of Newport Beach Councilman 'Councilman ATT" 1 y er L Councilman Councilman