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HomeMy WebLinkAbout03/08/1948 - Regular MeetingMarch S, 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 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 oranyone 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 DEPARTMENTS 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 select a Council Manager Ordinance reported the following: The Legal Council of the California League of Cities was contacted and requested to forward. immediately the best model Council Manager Ordinance now available. As a result of this request we received two Ordinances, on passed by the City of Auburn and the other by the City of Menlo Park. After a study of these two Ordinances it was agreed unanimously by the Committee that the Ordinance passed by Menlo Park should be recommended for adoption by the City of Newport Beach with no changes. As a result of this decision, the Comm- ittee respectfully submits said Ordinance. Signed. John J. Sailors City Administrative fficer L. L. Isbell ity ouncilman Dean C. Bradford Pres. r. amber of ommerce Roland Thom son ty ttorney The report of the above Committee was read, whereupon it was moved by Councilman Robertson, seconded by Councilman Allen and carried, that the reading of the ordinance be dispensed with, and on motion of Councilman Robertson, seconded by Councilman Siler the, ORDINANCE OF THE CITY OF NEWPORT BEACH CREATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY; DEFINING THE AUTHORITY, POWERS AND DUTIES OF CITY MANAGER, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. was passed to the second reading by the following roll call vote, to =:1 t: AYES, COUNCILMEN: Allen, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None REPORTS OF STANDING COMMITTEES: COMMUNICATIONS Isbell, Siler, Robertson, Reed None A petition bearing upwards of a thousand signatures PETITIONING FOR SUBMISSION TO ELECTORS OF A PROPOSED CHARTER FOR THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, was presented and read and on motion of Councilman Isbell, seconded by Councilman Siler the petition was referred to the City Clerk with instructions to check the names on the petition against the Great Register of the voters residing in the City of Newport Beach. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: Norte ABSENT, COUNCILMEN: None A letter was read from Doris M. Powers calling attention to a dwelling under construction at 22.4 Onyx Avenue, Balboa Island in which the curb was allegedly allowed to be cut in order to gain access to a garage which a change in the plans could have provided ingress from the alley. The matter brought up considerable discussion, the Council being addressed by the writer of the letter and Kate McCann both of whom critized the Building Department for issuing permits for structures which entailed the cutting of curbs. Building Inspector 'Nelson and Street Superintendent Covert were called into the controversy, the Building Inspector advised that no further permits would be issued in such cases. 78- Ord. of City of Menlo Park establishing a Council Manager recommended for adoption. Ord. establishing Manager passed to reading. City second Petition presented fo / election of a propose Charter for the City. Letter of D.M. Powers re cutting of curb on Bal Isl. Council addressed by Kate McCann, cutting of curbs. No further permits to be issued in such cases. 74 Recommendation to establish The letter of City Administrator Sailors recommending a Building Committee to assist the establishing of a Building Committee to assist the Building Building Inspector, Laid on Inspector in interpreting controversial variations in the the Table. Building Codes and Zoning Ordinance of the City, the Committee to consist of the City Administrator, Building Inspector, City Engineer and one City Councilman, the committee to meet once each week. On motion of Councilman Robertson, seconded by Councilman Siler and carried, the recommendation was Laid on the Table. Recommendation of position The recommendation of City Administrator Sailrrs to entitled "Bldg and Zoning more efficiently enforce the Building and Zoning 'Jrdinance that Enforcement Officer" Laid on an additional position be created in the Building Department the Table. title 'Building and Zoning Enforcement Officer" and that the position be assigned Salary Range #11, $215.00 to $259.99 and that said officer be given police powers without uniform or to be under the Civil Service. On motion of Councilman Robertson seconded by Councilman Slier and carried, tL- recommendation was Laid on the Table. Apkn. of Gordon S. Wevill for The application of Gordon S. Wevill for the transfer transfer of license to operate of a license to operate a pool hall at 702 West Bay Avenue to pool hall, granted. 111 Main Street was presented and after some discussion of the matter it was moved by Councilman Isbell, seconded by Councilman Allen that the transfer of the license be granted. The motion was carried by the following vote, to xi t: AYES, COUNCILMEN: Allen, Isbell, Robertson NOES, COUNCILMEN: Siler, Reed ABSENT, COUNCILMEN: None Apkn. of H.W. and M.G. Jepson The application of H. W. and M. G. Jepson for a to retail and deliver food on license to retail on the premises and to deliver food on order order from 122 Agate, granted. from 122 Agate Avenue, Balboa I &nd was on motion of Council- Isbell, Allen man seconded by Councilman and carried, granted, subject to the approval of the health Officer. Apkn. of 0. W. Richard for The application of 0. W. Richards for a license to license to conduct market, conduct a market known as Richards Market at 3433 Via Lido, granted. having been approved by the Health Officer, was on motion of Councilman Allen, seconded by Councilman 511er and carried, granted. Apkn. of J.S. Parker for The application of J. S. Parker for a permit to install permit to install additional additional underground storage for the handling of petroleum underground storage, granted. products at the southeast corner of Park and Marine, Balboa Island, having been approved by the Fire Department was on motion of Councilman Allen, seconded by Councilman filer and carried, granted. Request of Forrest Deal on The request of Forrest Deal on behalf of the local behalf of "Amvets" to install "Amvets" post for permission to install a plaque at the base plaque at base of flag pole of the flag pole at the new City Hall was on motion of Council - new City Hall, referred to man Isbell, seconded by Councilman Siler and carried, referred , ,City Administrator. to City Administrator Sailors. The invitation of Ross Greeley, Secretary of the Invitation of Ross Greeley, Tournament of Lights Association to attend a meeting of the to attend meeting, filed. directors to be held March 10th was on motion of Councilman Isbell, seconded by Councilman Siler and carried, ordered filed. No further building permits Building Inspector Nelson and Street Superintendent to be issued which entails. Covert having appeared before the Council in connection with the cutting of the curbs. granting of Building permits providing for the gutting of curbs as a means of access to garages, the letter of Doris M. Powers was again read by the Clerk and after further discussion of the issue which was participated in by the Council, Doris M. Powers, Kate McCann, the Building Inspector and Street Superintendent. The matter was gone into at some length when it was moved by Councilman Robertson that no further building permits are to be issued entailing the cutting of curbs without the approval of.the Street Superintendent. The motion was seconded by Councilman Slier and carried by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Recommendation of appointment The recommendation of City Administrator Sailors for of a permanent traffic safety the appointment of a permanent traffic safety committee as a committee. means of increasing the flow of traffic and safety to pedestrians, said committee to consist of the Chief of Police, City Engineer and Street Superintendent. It was further recommended that the City Administrative Officer be authorized to appoint from time to'time two or more citizens from various localities to assist In the work of the committee as in the study of the proposed system on one -way streets on Balboa Ishnd from which two or three citizens from that section-would be named to assist in working out the problem. Petition previously presented Robert C. Burt's letter calling attention to a petition for permission to construct presented to the Council at a previous meeting in which request ramp down the bluff at CD14 was made for permission to construct a ramp down the bluff at and to submerge beach rocks, Corona del Mar and to submerge beach rocks on the beach. referred to committee. A sketch of the proposed plan was submitted by the City Engineer and the Council was addressed by the applicant on the subject. After some discussion of the matter it was moved by Councilman Isbell, seconded by Councilman Siler and carried, that a committee be named consisting of two members of the Council and a citizen from Corona del Mar to study the situation, whereupon the Mayor named Councilmen Allen and Slier as the committee from the Council. i The letter of Architect William J. Stone offering his services in designing the proposed fire station at Corona del Mar was on motion of Councilman Isbell, seconded by Councilman Siler and carried, ordered filed. The recommendation of City Administrator Sailors to have the City ordinances printed and bound in book form was presented and on motion of Councilman Isbell, seconded by Council- man Robertson and carried, bids were ordered called for to print and bind the ordinances.. The resignation of Elizabeth J. Thom as a member of the Library Board was presented together with a letter from Dorothy Sheely, Librarian stating that the members of the Library Board wished to recommend the appointment of Mrs. Edgar R. Hill of 61; Via Lido Soud to succeed Elizabeth J. Thom. On motion of Councilman Allen, seconded by Councilman Isbell and carried, the resignation of Mrs. Thom was accepted and the appointment by the Mayor of Mrs. Edgar R. Hill approved. The letter of Col. L. W. Jefferson thanking the City Council in permitting the use of the room and balcony at the entrance to the 1vewport pier as a recruiting station was on motion of Councilman Allen, seconded by Councilman Isbell and carried, ordered filed. On motion of Councilman Robertson, seconded by Councilman Allen and carried, the regular order of business was changed in order to consider bids submitted for the construction of curbs and sidewalks at the new City Hall, bids for furniture for the new City Hall and bids for the purchase of certain City owned property. Bidsror the construction of curbs, gutters and sidewalks at the new City Hall site were submitted by E. A. Kaiser Company, Charles C. Fipps, Bainter Construction Company, Walter J. Markel, Cox Brothers Construction Company and N. 0. Goudesenne. The bids were opened and read and on motion of Councilman Allen, seconded by Councilman Siler and carried, were referred to the City Engineer for checking and report, whereupon the City Engineer advised that the bid of N. C. Goudesenne was the lowest bid submitted and recommended that same be Laid on the Table until the next meeting of the Council and on motion of Councilman Robertson, seconded by Councilman Siler and carried, it was so ordered. Bids for the furnishing of furniture for the new City Hall were submitted by R. A. Tiernan Typewriter Company, Remington Rand, Inc. and Al Fernandez. The bids were opened and read and on motion of Councilman Isbell, seconded by Councilman Robertson and carried, same were Laid on the Talbe until the next meeting of the Council. Various bids were submitted for the sale of the City owned property which were opened and read, the #ighest bids received being as follows: Res. No. 3569 Susie Sharp Res. No. 3569 John W. McKenzie,etux Res. No. 3570 Florence Stuard Res. No. 3571 Henry F. Ashley, et ux Res. No. 3572 Sophiann Abney Res. No. 3573 Harry Trustman Lot 21, B1. 25 Newport Beach Tr $2,003.00+ Lot 2,Blk 142 NE 3-57 6 Lot 1 Blk 142, Canal $1,276.51 1 Lot 13, Blk 141 NE 3. 57.6 Lot 14 Blk iu, Canal $1,705.00 Lot 4, Blk 136 River Section $1,555.23 " SW 21.43' Lot 13 Blk 143, NE 3.576 Lot 14, Blk 143 Canal Section $1,007.50 Lots 3,4,5,6 and B Blk 20, First Add Npt Bch. $25,455-00- On motion of Councilman Allen, seconded by Councilman Isbell, the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach grant deeds to the above persons and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Allen and carried, checks accompanying unsuccessful bids were ordered returned. On motion of Councilman Allen, seconded by Councilman Isbell the regular order of business was resumed; Bids on City owned property lnclud6d._the following purchase: Res. No. 3573 -A William P. White SW 21.436 of Lot 2 Bessie M. White Blk 143 & NE 3.57 of Lot 1 Blk 143, Canal $1,251.25 was on motion of Councilman Allen, seconded by Councilman Isbell and carried. 75 Letter of Architect Wm J. Stone offering services re proposed fire station CDM, filed. Recommendation to have City Ords. printed and bound in book form, carried. Bids called. Resignation of Elizabeth Thom from Library Board. Mrs. Edv" R. Hill to succeed. Letter of Col, L.W. Jefferson thanking City for use of balcony for recruiting static filed. Regular order of business changed to consider bids„ Bids for construction of curbs at New City Hall opened Laid on the Table. Bids for furnishing of furn- iture opened. Laid on the Table. Sale of City owned real esta*_ Unsuccessful bidders checks returned. Regular order of business resumed. Sale of City property. 76 Letter of H.Cedric Roberts re: re-zoning referred to Planning Commission. Request of Mrs. Edgar R. Hill for refund of fees for building permit for Teen - Canteen Inc. denied. Employment in Street Department Job.classification titled "Business License Collector" established. Harold Young appointed 'Business License Collector ". The letter of H. Cedric Roberts regarding the re-zoning of the North Half of Block J., Tract 515, and opposing any change of zone to the South Half of said block was on motion of Councilman Isbell, seconded by Councilman Robertson and carried, referred to the Planning Commission. The request of Mrs. Edgar R. Hill for a refund of fees for building permit and utility connections for the Teen - Canteen, Inc., was on motion of Councilman Allen, seconded by Councilman Isbell and carried, denied, due to a rulingof the City Attorney that the City would be in violation of its own Ordinance. It was directed that the writer be advised accordingly. The request of Street Superintendent Covert for the employment of Richard V. Clark and Melvin J. Pryne at salary of $163.00 per month effective February 23, 1948 for Clark and March 1, 1948 for Pryne and the employment of Robert L. Upson on a part time basis at .88¢ per hour, effective February 28 „ 1948 was on motion of Councilman Allen, seconded by Councilman Siler approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The recommendation of City Administrator Sailors that a specific job classification be established titled "Business License Collector" at salary range #11, $215.00 to 4259.00 be assigned this compensation, further that this individual be given police powers without uniform, or be included under Civil Service and to be effective March 1, 1948 was on motion of Councilman Isbell, seconded by Councilman Robertson approved by the following vote, AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The request of City Administrator Sailors for the transfer of Harold Young from the Street Department as equipment operator, present salary $215.00 per month to Business License Collector at the same salary 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, COUNCILMEN: Mine Request of Ruth H. Plumridge The request of Ruth Hart Plumridge regarding an exclusive re: exclusive rating of theater rating for the theater business in Corona del Mar was on motion business in CDM referred to of Councilman Robertson, seconded by Councilman Siler and carried, City Administrator. referred to City Administrtor Sailors. UNFINISHED BUSINESS Apkn. of S. B. MacA °Levy for The matter of the application of S. B. MacA °Levy for license to operate launderette a license to operate a launderette was brought by John Martell, Laid on the Table. Attorney for the applicant with much discussion ensuing on the question, the Council being addressed by the operator of a similar type of business who urged that a business of this nature be confined to an industrial zone. On motion of Councilman Robertson, seconded by Councilman Siler the matter was Laid on the Table pending some recommendation from the Planning Commission. The vote was carried by. the following vote: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: Isbell ABSENT, COUNCILMEN: None NEW BUSINESS Conditional Sales Contract On motion of Councilman Robertson, seconded by Councilman with Theodore Robins for pur- Isbell the conditional contract by and between the City of Newport chase of Panel Delivery Truct. Beach and Theodore Robins for the purchase of Panel Delvery Truck was ordered executed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, IsbEll, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Appointments of Special The appointments of Robert B. Mace as Special Officer for Officerswere confirmed. the Harbor Department and Harold E. Young as Deputy License Collector were confi med by and on motion of Councilman Isbell seconded by Councilman Robertson and carried by the following vote, AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Appointment of Franklin N. Adams. The appointment of Franklin Nicholas Adams as Special as Special Officer, confirmed. Officer, without compensatio-., was on motion of Councilman sbell seconded by Councilman S51er and carried, confirmed. Res. No. 3564 Councilman Isbell moved the adoption of a resolution, Accepting Grant Deed from being a resolution accepting a Grant Deed from Michael Pandel and Michael Pandel. Clara A. Pandel, for certain property covering Lot 30, Block 530,. Lancaster's Addition. The motion for adoption was seconded by Councilman Robertson and designated Resolution No. 3564 and was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None R L i The 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 City Administrator Sailors brought the matter of purchasing a small roller for the Street Department and explained the urgent need of same in making repairs to streets and alleys and on motion of Councilman Siler, seconded by Councilman Allen the purchase of the roller was authorized by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Administrator Sailorsreporting on the clearing of the alley in the Seashore Colony Tract blocked by George DuBarry advised that the alley had been cleared of obstructions with the exception of two posts supporting a porch of DuBarry °s. City Engineer Webb presented plans and specifications for the construction of a chain link fence around the City Trailer Park and on motion of Councilman Allen, seconded by Councilman Siler same were paproved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Siler, Reedl. NOES, COUNCILMAN: Robertson ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Isbell the uniform wage scale in connection with the construction of the chain link fence at the Trailer Park was adopted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Isbell and carried, the City Clerk was directed to advertise for bids for the construction of a chain line fence at the City Trailer Park. City Engineer Webb presented the matter of a certain easement requested by the Southern California Edison Company whereupon Councilman Allen moved the adoption of a resolution resolution designated Minute Resolution and was seconded by 6ouncilman Robertson and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The application of the Newport Harbor Yacht Club for a permit to relocate floats moving same to the plerhead lines and to install new floats adjacent to the bulkhead line.was on motion of Councilman Robertson, seconded bill Councilman Allen and carried, granted. The application of G. F. Peters to extend spier to within the standard regulations fronting On lot 439, Tract 907 was on motion of Councilman Allen, seconded by Councilman Robertson and carried, granted, subject to the approval of the War Department. 'he application of Ray Gould for a permit to construct a bulkhead on the property line of Lot 53, Tract 907 was on motion of Councilman Allen, seconded by Councilman Isbell and carried, granted. Councilman Allen moved the adoption of a resolution, being a resolution authorizing th e Mayor and City Clerk to execute on behalf of the City of Newport Beach a certain Agreement by and between the State of California covering the administration and control of certain Beach Areas for the purposes of operation as part of the State Park System. The resolution designated Resolution No. 3565 and was seconded by Councilman Isbell and carried by the following roll call vote, to Tait: AYES, COUNCILMEN: Allen, Isbell, Robertson,.Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 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 Basoh a certain lease by and be- tween the City of Newport Beach and the Newport Bay Company, a California corporation for certain described lands situated on the North Channel of Newport Bay and State Highway 101 Alternate. The motion for adoption of the resolution was duly seconded by Councilman Allen, the resolution designated Resolution No. 3566 and was adoption by the following 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 Allen the employment of Engineers Raub & Bennett to make a survey of that certain parcel of land leased to Newport Beach Company was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 77 Audit of Monthly Demands Purchase of small roller for Street Department authorized Blocked alley in Seashore Colony Tract now cleared. Plans and specifications for construction of chain link fence approved. Wage scale adopted for construction of chain link fence around City Trailer Park. Advertise for bids for construction of chain link fence around City Trailer Park. Resolution adopted for certain easement to Southern Calif Edison Company. Apkn. Of N. H. Y. C. for permit to relocate floats, granted. Apkn. of G.F. Peters to extend pier, granted. Apkn. of Ray Gould for permit to construct bulkhead granted. Res. No. 3565 Certain Agreement with State for control of beaches. State Park System. Res. No. 3566 Certain lease with Newport Bay Company. Employment of Engineers Raub & Bennett to make survey, authorized. I Em Res. No. 3567 Three year lease to Casey Blue on City property of 93 acres. City Auditor authorized to file a claim with County Auditor in connection with sale of certain City owned property. In compliance with a communication of Casey Blue requesting a three year lease on certain City owned property cohaisting of 93 acres, said term of lease being necessary due to the expense of treating the land said to be infested with nematode, 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 three year lease to Casey Blue as requested. The motion for adoption of the resolution was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3567 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Siler and carYled, City Auditor Gant was authorized to file a claim with the County Auditor in connection with the sale of certain City owned property described as Lot 10, (Inc. bet. same and High Tide Line) Block 45, River Section. ADJOURNMENT On motion of Councilman Allen, seconded by Councilman Siler and carried, an adjournment was taken to 4 o'clock P.M. March 22, 1945. PEST: o .> ty lerk Mayor City of Newport Beach ounc man Councilman Councilman Councilman