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HomeMy WebLinkAbout03/22/1948 - Regular MeetingC March 22, 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 pres- iding. The roll was called, the following 9ouncilmen answering present: Allen, Isbell, Robertson, Siler, Reed. The Mayor asked if any of the Councilmen or anyone in theaudience wished the minutes of the previous meeting, or any part thereof read; no one responded and the reading of the minutes was dispensed with. 1 REPORTS OF STANDING COMMITTEES: None Contracts given to R. A, REPORTS OF SPECIAL COMMITTEES: Tiernan Typewriter Co. and The City Clerk presented a certiflication of sufficiency Petition presented to of a petition presented at the last meeting of the City Council frame a proposed charter requesting the calling of an election for the purpose of electing referred to City Attorney. a Board of Freeholders to frame a proposed charter for the Contracts authorized to government of the City of Newport Beach. On motion of Council- be executed. man Allen, seconded by Councilman Isbell the matter was referred to the City Attorney to take the necessary steps on the question. Attorney Harry Ashton spoke to the Council on the sub- Attorney Harry Ashton spoke ject stating that the proposition should have been placed on the on petition presented for ballot for the regular City election and argues that a special proposed charter. election would be necessary for the purpose; also that more haste should have beeen made in checking the petition and a special Suit brought against City meeting of the Council called to consider same. by Wm and Pauline Tallman Chief of Police Hodgkinson reporting for the Traffic Chief of Police reported Committee to consider traffic problems on the Balboa peninsula on traffic problems on as suggested by the Balboa Peninsula Association, advising that Balboa peninsula. it was decided that the installation of Islands on the pavement at the intersection of Ocean Boulevard and Central Avenue would Regular order of business solve the problem existing in that area and further that the changed to consider bids Street Superintendent would install said Islands within a few on water pipe and link days. chain fence. A report was also submitted by the Chief of Police One -way traffic recommended relative to the traffic situation on Balboa Island recommending for traffic on Balboa Islay that One -way traffic be established in the cross- streets of the Bids for 24 inch water pipe Island in accordance with a plan being prepared by the City along State Highway, opened Engineer. On motion of Councilman Allen seconded by Councilman Report of Police Chief Isbell and carried, the report of the Chief of Police was filed. ordered filed. The report of Councilman Robertson, Chairman of the Committee reporting on Committee on furnishings for the new City Hall recommended that furnishing's for new City Proposal No. 1 submitted by the R. A. Tiernan Typewriter Company of $6,29.56 be accepted and that Proposal No. 2 of Remington Hall, accepted. Rand, no. of $4,637.55 be accepted. On motion of Councilman Isbell, seconded by Councilman Allen the recommendation of the Committee was approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Contracts given to R. A, Allen, the contracts for the furnishings of the new City Hall Tiernan Typewriter Co. and were awarded to the'R. A. 'Tiernan Typewriter Company and Remington Remington Rand, Inc. for Rand, Inc., as recommended by the Committee. furnishings. On motion of Councilman Siler seconded by Councilman Clerk Isbell and carried, the Mayor and City were authorized. to Contracts authorized to execute on behalf of the City of Newport Beach the contracts be executed. by and between the City of Newport Beach dnd R. A. Tiernan Type- writer Company and Remington Rand, Inc. for the new City Ibli furnishings. On motion of Councilman Allen, seconded by Councilman Checks of unsuccessful Siler and carried, checks accompanying unsuccessful bids were bidders returned. ordered returned. City Attorney Thompson presented a report advising of Suit brought against City the dismissal of the suit brought against the City by William by Wm and Pauline Tallman and Pauline Tallman to compel the issuance of a permit to pump dropped. and operate an alleged oil well on their premises. On motion of Councilman Allen, seconded by Councilman Siler and carried, the report was ordered filed. On motion of Councilman Robertson, seconded by Council- Regular order of business man Isbelland carried, the regular order of business was changed changed to consider bids in order to open and consider bids submitted for the installation on water pipe and link of 7373 feet of 24 inch diameter water pipe along State Highway chain fence. 101; furnishing and installing 24 inch diameter water pipe over Upper Bay and. for Chain Link fencing at Municipal Trailer Park. Bids for the installation of 24 inch ester pipe along "read Bids for 24 inch water pipe State Highway was submitted by the following and opened and along State Highway, opened by the Clerk: M. F. Kemper Construction Company, Pacific,Pipeline and Engineers, ltd; R. A. Wattson; A. A. Bainter and A. B. C. Construction Company. Bids for 24 inch water pipe Bids for furnishing and installing 24 inch water pipe across Upper Bay opened. across the Upper Bay, submitted by the following were opened and read by the Clerk: Cox Brother Construction Company; M. F Kemper Construction Company; R. A. Wattson Company; Pacific Pipeline & Engineers, Ltd.; and A. B. C. Construetion.Company. Bids for chain link fence Bids for furnishing and installing Chain Link fence at at Municipal Trailer Park Municipal Trailer Park, submitted by the following were opened and opened. read by the Clerk: Burkett Fence Company; Alcorn Fence Company; Anchor Posts Products, Inc. of California; Los Angeles Fencing Company, Inc; Cyclone Fence Division of American Steel and Wire Company; and American Chain Link Fence Company. On motion of Councilman Allep, seconded by Councilman Siler and carried., the bids were referred to the City Engineer for checking and report. Regular order of business On motion of Councilman Allen, seconded by Councilman Isbell, resumed. and carried, the regular order &f business was resumed. COMMUNICATIONS Apkn. of J. A. Hanaford The application of John A. Hanaford for a license for a for license for sandwich sandwich stand at 815 East Bay Front, Balboa, having been approved by stand, granted. the Health Officer, was on motion of Councilman Allen, seconded by Councilman Isbell and carried., granted. Apkn. of H.E. Wooding for The application of H. E. Wooding for a license to operate a license to operate "Mickey "Mickey Mouse" game at 706 East Bay Avenue, was on motion of Councillman Mouse" game referred to Isbell, seconded by Councilman Allen and carried, referred to the Chief Police Chief. of Police. The application of George Getchell for a license for a. "Pick -up Apkn. of Geo Getchell for Shrimp Shop" transferred from the Balboa Pavilion to 204 Main Street, license for "Pick -up Balboa, having 3aeen approved by the Health Officer, was on motion of Shrimp Shop ", granted. Councilman Allen, seconded by Councilman Isbell and carried,Eranted. The application of George C. Hiner for a license to operate Apkn. of Geo 0. Hiner for a lunch stand on the Newport pier was on motion of Councilman Allen, license to operate lunch seconded by Councilman Robertson and carried, granted, subject to the stand, granted. approval of the Health Officer. The application of Ed E. Walker for a license for a "Snack Apkn of Ed Walker for Shop" at 1619 Coast Highway, Corona del Mar, was on motion of Council- license for "Snack Shop" man Allen, seconded by Councilman Robertson and carried., granted, sub - approved. ject to the approval of the Health Officer. The application of C. W. Walker for a license for a "Do -Nut and Apkn of C.W. Walker for Coffee Shop" at 811 East Central Avenue, was on motion of Councilman license for "Do -Nut Shop" Isbell, seconded by Councilman Siler and carried, granted, subject to approved. the approval of the Health Officer. The request of Margaret N. DuBarry and George H. DuBarry Request of M. N. DuBarry for the rezoning of Lots 3,4,5, and 6, Block N. Seashore Colony Tract for rezoning referred to from R -2 to 0-1 classification and to raise the height limit to five - Planning Commission. story apartment_ building with penthouse on top was on motion of Councilman Allen, seconded by Councilman Robertson and carried, referred to the Planning Commission. Request of H.H. Williamson The request of Harry H. Williamson to submit a bid for the to submit bid for building building occupied by the Engineering Department was on motion of occupied by Engineering Councilman Allen, seconded by Councilman Siler and carried, referred Dept., referred to City Adm.to the City Adminietfator. The application of the Texas Company for a permit to install Apkn. of Texas Co. for per- underground storage for the handling of petroleum products at the mit to install underground northeast corner of San Bernardino and Coast Highway, having been storage, granted. approved for location by the Fire Chief, was on motion of Councilman Allen, seconded by Councilman Siler and carried, granted. Complaint of C.H. Deane The complaint of ''r. & Mrs. C. H. Deane about the condition about condition of 32nd St. of 32nd Street was on motion of Councilman Allen seconded by Council - tngineer. referred to Engineer. man Robertson and carried, referred to the City The letter of the Newport Harbor Businessmen's Association Letter of Npt Harbor Bus- favoring the paving of Coast Highway in Newport Beach started at an inessmen's Assn. Paving of early date was on motion of Councilman Allen, seconded by Councilman Coast Hwy. Robertson and carried, referred to the City Engineer with authority to proceed with the project. Councilman Isbell excused. At this juncture Councilman Isbell asked to be excused from the meeting which on motion of Councilman Allen, seconded by Council - manSiler and carried, granted. Regular order of business On motion of Councilman Allen, seconded by Councilman Siler changed to consider report and carried, the regular order of business was changed in order to of City Engineer on various receive the City Engineer's report on the bids submitted. for various bids. projects, and hearing on Seashore Colony assessments. City Engineer Webb advised that the A. B. C. Construction A. B. C' Construction Co. Company were the low bidders for furnishing and installing 24 inch awarded contract for 24 water pipe across the Upper Bay and recommended that the contract be inch water pipe across awarded to that concern, whereupon it was moved by Councilman Allen, Upper Bay. seconded by Councilman Siler that the contract be awarded to the A. B. C. Construction Company. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Contract authorized On motion of Councilman Siler, seconded by Councilman Allen, with A. B. C. Construction and carried, the Mayor and City Clerk were authorized to execute on Co. behalf of the City of Newport Beach the contract between the City of Newport Beach and A. B. C. Construction Company for the furnishing and installing of 24 inch water pipe across the Upper. Bay. _J The City Engineer advised that the Pacific Pipeline and Engineers Ltd. were the lowest bidders for the installation of 7373 feet of 24 inch water pipe along Coast Highway and recommended that the contract be awarded them and on motion of Councilman Allen, seconded by Councilman Siler the recommendation of the City Engineer was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Siler, Allen, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell 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 the contract between the City of Newport ' Beach and Pacific Pipeline and Engineer's Ltd., for installing 7373 feet of 24 inch water pipe along Coast Highway. The City Engineer advised that the bid of Cyclone Fence Division of American Steel & Wire Company were the low bidders for installing fence at the Municipal Trailer Perk and recommended that the contract be awarded them and on motion of Councilman Robertson, seconded by Councilman Siler samw was approved in accordance with the recommendation of the City Engineer by the following vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell On motion of Councilman Robertson, seconded by Councilman Allen the Mayor and City Clerk were authorized to execute on behalf of the City the contract between the City and Cyclone Fence Division for installing fence at Municipal Trailer Park. The motion was carried, by the following vote, to wit: AYES, COUNCILMEN: Allen, $filer, Robertson, Reed NOES, COUNCILNEN: None ABSENT, COUNCILMAN: Isbell On motion of Councilman Allen, seconded by Councilman Siler and carried, all checks accompanying unsucessful bidders were ordered returned. 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 Seashore Drive, et al, in the City of Newport Beach, as contemplated in Resolution of Intention No. 3481 adopted by the said City Council on the 26th day of May, 1947. The Clerk also informed the said City Council the affidavits of the mailing, posting and publications of the Notice of filing Assessment were ' on file in his office, and that 2 written appeals or objections had been filed in his office prior to the day set for the hearing, by Mrs. Irene V. Cooper and Leo E. Hubbard. The Mayor then asked if there were any interested persons present desiring to be heard in the above mentioned matter. No one appeared. After a fair and impartial hearing having been granted to all persons desiring to be heard in said matter, and all appeals or objections presented having been heard and fully considered, and the City Council being satisfied with the correctness of the assessment and diagram, it was moved by Councilman Siler that all appeals or objections be overruled andJenied and that the assess- ment and diagram be confirmed and approved, and that the Superinten- dent of Streets shall forthwith attach a warrant to said assessment, bearing the date of this order of the City Council, which motion was seconded by Councilman Robertson, and carried by the following vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN, Isbell On motion of Councilman Allen, seconded by Councilman Siler and carried,.the regular order of business was resumed. The letter of Commander Peterson of the Coast Guard regarding the installing of a Radio Beacon at the ocean end of Newport Bay West Jetty was on motion of Councilman Allen, seconded by Councilman Robertson and carried, referred to City Administrator Sailors. The letter of Assemblyman Earl W. Stanley regarding the allocation of funds in connection with the proposed improvement of Central Avenue was on motion of Councilman Allen, seconded by Councilman Siler and carried ordered filed. The suggestion of 6hief of Police Hodgkinson for alter- , nated 24 minute parking meters on the north side of the Ocean Front from 22nd Street to McFadden Place was discussed and on motion of Councilman Allen, seconded by Councilman Robertson and carried, the City Attorney was authorized to prepare an amendment to the Parking Meter Ordinance in accordance with the suggestion of the Chief of Police . V €31 7373 feet of 24 inch water pipe contract awarded to Pacific Pipeline and Engineers Ltd. Contract to be executed to Pacific Pipeline and Engineer's Ltd. Bid for fence at Municipal Trailer Park awarded to Cyclone Fence Division of American Steel & Wire Co. Contract executed between Cyclone Fence and City. Checks of unsucessful bidders returned. Hearing on construction of sanitary sewers in Seashore Drive, et al. Assessment and diagram approved. Regular order of business resumed. Letter of Commander in Coast Guard to install Radio Beacon on ['Jest Jetty Letter of Earl W. Stanley, Assemblyman, filed. Suggestion of Police Chief for alternating 24 minute parking meters approved. 0 Letter of City Administrator The letter of City Administrator Sailors regarding the request regarding request of Post 45 of Post 45 of the Amvets for the dedication of the flag pole at the of Amvets for bronze plaque new City Hall in memory of Veterans of World War II suggesting that at base of flag pole, new the architect draw up suitable plans for this flag pole in order that City Hall. Approved. an appropriate bronze plaque may be attached to Its base. On motion of Councilman Siler, seconded by Councilman Robertson same was approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell UNFINISHED BUSINESS Ord. No. 575 The ordinance creating a City Manager form of government Creating City Manager came up for final passage, being an ORDINANCE OF THE CITY OF NEWPORT BEACH CREATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY: DEFINING THE AUTHORITY, P014ERS AND DUTIES OF THE CITY MANAGER, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The ordinance was read in full, designated Ordinance No. 575 and on motion of Councilman Allen, seconded by Councilman Robertson was adopted by the following roll call-vote, to wit: AYES, COUNCILMEN: Allen Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Creation of Building The recommendation of City Administrator Sailors for the Committee, Laid on the creation of a Building Committee to assist the Building Inspector in Table. interpreting controversial matters, laid over from a previous meeting, was on motion of Councilman Robertson, seconded by Councilman Allen and carried, Laid on the Table for further study. Creation of position titled The recommendation of City Administrator Sailors for the "Building and Zoning Enforce - creation of a new portion in the Building Department titled "Building ment Officer" Laid on the and Zoning Enforcement Officer" with the salary range #11, laid over Table. from the previous meeting, was on motion of Councilman Robertson, seconded by Councilman Siler and carried, Laid on the Table for further consideration, Res. No. 337 of Planning Resolution No. 337 of the Planning Commission was presented Commission pertaining to and read, being a resolution pertaining to "self- service laundries" and "Self- service laundries" recommended the amending of Zoning Ordinance No. 525 in order to clarify the meaning of the word "laundries" that there can be no misunderstand- ing of the intent of the ordinance to include laundries of any and all types where the washing of clothes is done, or for the public. Further it was recommended by the Planning Commission that Discussion of application B. "laundries ", "self - service laundries ", or any building housing facilities - for license of S. Mac for washing lothes in which the public participates, i remain in the A °Levy to conduct "laundry- , M -1 zone; a and further that the Commission aeualified ette ". Planning Consultant before recommending any other changes at the present time. Following the reading of the recommendations of the Planning Commission the application of S. B. Mae A °Levy, laid over from previous meetings of the City Council, came up for discussion, the Council being addressed on the subject by Marcus Johnson, Kate McCann, Doris Powers, Ralph P. Maskey and Mr. Turner, all in opposition to the granting of the license for the operation of a "laundryette" in a C -2 zone at 417 - 31st Street in Newport Beach. After much discussion of the matter it was moved by Councilman Robertson that the recommendation of the Planning Commission be dis- approved, the motion was seconded by Councilman Siler, both motion and second being withdrawn, whereupon Councilman Allen moved that the action of the Planning Commission be approved, the motion failing for lack of a second. It was moved by Councilman Robertson that the ordinance be amended in order to permit the operation of "laundryettes" in C ®2 zones under certain conditions: The motion died for lack of a second, whereupon Councilman Robertson moved.that the application of S. B. Mac A °Levy be granted, the motion was seconded by Councilman Siler and carried by the following roll call vote, tovit: AYES, COUNCILMEN: Siler, Robertson, Reed NOES, COUNCILMAN: Allen ABSENT, COUNCILMAN: Isbell It was moved by Councilman Siler that the City Attorney be directed to prepare an amendment to the Zoning Ordinance prohibiting "Laundryettes" in a C -1 or C -2 zone until a proper zoning can be effected. The motion was killed for lack of -a second. NEW BUSINESS Res. NO-333 of Planning Resolution No, 333 of the Planning Commission recommending Commission. Rezoning against the rezoning of Lots 1 to 16 inclusive of Block J., Tract 518 from R-3 to R -1 classification was on motion of Councilman Allen, seconded by Councilman Siler approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Isbell fl ^I u r-� f �i 83 Resolution No. 334 of the Planning Commission approving the Res. No. 334 of Planning request of Thomas F. Roche and Mrs. A. L. McDowell for a 50% setback Commission, approved. variance along the northwest boundary for Lots 11 and 12, Block 137, River Section was on motion of Councilman Allen, seconded by Council- man Siler approved by the following dote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Resolution No. 335 of the Planning Commission denying the Res. No. 335 of Planning application of William H. Wickett for a 50,% setback variance on the Commission denying apkn, north side of Lot 31, Tract 742, Balboa IIsland was on motion of Council- a0croved. man Allen, seconded by Councilman Siler approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell resolution No. 336 of the Planning Commission recommending the zoning of certain property of the Irvine Company as.0 -1 and the rezoning of certain City owned property from C -2 to C -1 to conform therewith was on motion of Councilman Allen, ,seconded by Councilman Siler approved and the hearing an same set for April 20, 194 -8. The motion was carried by the following wte, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Resolution No. 338 of the Planning Commission together with a communication of Ralph L. Hoyle, Jr., pertaining to the acquisition of China Cove gs a public beach under the County Master Plan of Parks and Beaches. he resolution of the Planning Commission approving the request of the Corona del Mar Civic Association was presented, the Council being addressed by Ralph L. Hoyle, Jr. Wallace Burton, Thomas Dugan and others. In view of the fact that certain City owned property was contemplated to be offiered as a matcring basis with the Division of State Parks of California it was the consensus of the Council that a public hearing be held on the matter in order to hear the opinions of all sections involved, whereupon a public hearing was ordered advertised for April 5, 1948. Councilman Siler moved the adoption of a resolution, being a resolution appointing election officers and designating polling places for the Municipal election to be held in the City of Newport Beach on Tuesday, the 13th day of April, 1948 and providing for the opening and closing of the polls and the compensation of election officers. The motion for adoption of the resolution was seconded by Councilman Robertson, resolution designated Resolution No. 3574 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Councilman Robertson moved the adoption of a resolution, being a resolution submitting to the voters of the City at the general Municipal election to be held April 13, 1948, the question of providing for the levy and collection, for the purpose of providing and maint1ning parks in the City, of a certain tax.The motion for adoption of the resolution was seconded by Councilman Siler and designated Resolution No. 3575, passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Councilman Allen moved the adoption of a resolution, being a resolution cancelling all taxes and penalties against certain properties situated in the City, and owned by the City of Newport Beach. The motion for,adoption of the resolu- tion was duly seconded,by Councilman Siler, designated Resolution No. 3576 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Siler, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Various bids were submitted for the sale of City owned property which were opened and read, the highest bids received being as follows: Res. No. 3577 C. C. Dunbar Ne 'j Lot 3, Blk 1 Clyde Denlinger Seashore Colony Tr. $200.00,^ Res. No. 3578 William A. Hinnen Lot 14, Blk 43 Miriam D. Hinnen River Section $1,150.00 '\ Res. No. 3579 Derrell A Kingsbury Lot 13, NE 3.571 Lot 14 Yvonne L Kingsbury Blk 140, Canal Section $1,700.00 h Res. No. 336 of Planning Commission zoning of Irvine Company. Res. No. 338 of Planning Commission pertaining to acquisition of China Cove. Res. No. 3574 ?appointing election officers. Res. No. 3575 Submitting to voters proposition for levy of tax for maintaining parks. Res. No. 3576 Cancelling all taxes on certain City owned proper, Res. Nos. 3577 to 2579 Sale of City Property On motion of Councilman Robertson, seconded by Councilman Allen, the Mayor and City Clerk were authorized to elecute on behalf of the City'of Newport Beach grant deeds to the above persons and carried by the following roll call vote, to idt: AYES, COUNCILMEN: Allen, Siler,.Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Isbell Appointments of Special The appointments of Herman Childs as Special Officer, A. M. Officers, confirmed. Rambo Company and Night Watchman, Richards Market; Ermal C. Webb as Special Officer, Richard's Market, were on motion of Councilman Allen, seconded by Councilman Robertson and carried, confirmed. ADJOURNMENT , On motion of Councilman Allen, seconded by Councilman Robertson and carried, an adjournment was taken to April 5, 1948. ATTEST: c city Cie r Mayor City-of Newpor eac Councilman Councilman ouncl man ounc lman r