Loading...
HomeMy WebLinkAbout05/24/1948 - Regular MeetingMay 24, 1945 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 oeclock P.M. on the above date with Mayor Drake presiding. The roll was called, the following Councilmen answering present: Robertson, Greeley, Isbell, Blue and Drake. 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 min- utes was dispensed with. REPORTS OF HEADS OF DEPARTMENTS - None REPORTS OF SPECIAL COMMITTEES ® None Thereupon the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written pro- tests or objections to the doing of the things proposed in said written report had been filed with him in said mentioned matter. The'Clerk REPORTS OF STANDING COMMITTEES - None On motion of Councilman Isbell, seconded by Councilman Regular order of business Robertson and carried, the regular order of business was changed changed to consider in order to hold the hearing advertised for this date in connection hearing on the assess - with improvements in the Newport Heights area. ment for certain improve ments in the Newport IN THE MATTER OF THE PROPOSED GRADING, Heights area. PAVING,- CONSTRUCTION OF CURBS, CROSS* GUTTERS, CATCH BASINS AND STORM DRAINS, AND APPURTENANT WORK IN SANTA ANA AVENUE AND OTHER STREETS, SHOWN IN THE WRITTEN REPORT OF THE CITY ENGINEER OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FILED ' APRIL 12, 1945, HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931,°° DIVISION IV OF THE STREETS AND HIGHWI S CODE. DATE: May 24, 1945 The City Clerk of the City of Newport Beach reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engineer of the said City for certain street improvements in Santa Ana Avenue and other streets, (Newport Heights) and approved by the City Council of said City on the 12th day of April, 1945, in accordance with provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", of the Streets and Highways Code, to -wit: Monday, the 24th day of May; 1945, being the day, and the Council Chamber of the said City being the place fixed for such hearing. - The Clerk also reported that on the 21st day of April, 1945, he deposited, or caused to be deposited, in the United States . ' mail, with postage prepaid, a Notice of the time and place of hearing upon said written report, all in the manner and form required by Sections 2551, 2552 and 2553 of the said Code, and that an affidavit in proof of said mailing is now on file in the office of the City Clerk and of the City Council of said City; and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said matter, pursuant to said Code. The Mayor of the said City of Newport Beach, being the ' presiding officer of the City Council, then announced that the first order of the hearing would be the reading of the said written report, except-as to the map, plat, or diagram, and the assessed valuations and true valuations of, and the assessments and estimated assessments upon the individual parcels of land, before protests would be considered. Thereupon the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written pro- tests or objections to the doing of the things proposed in said written report had been filed with him in said mentioned matter. The'Clerk ne Written objections reported that certain written protests had been received by him prior received and tabulated. to the time set for the hearing and had been referred to the City Engineer for tabulation. The result of this tabulation was: Shall area °A" be eliminated from 145 LOTS the proposed district including any work therein. Yes - 28 No ® 43 -1/5 Shall area 1°B" be eliminated from 111 LOTS the proposed district including any work proposed therein. Yes - 50 No ® 5 Dral protests heard. The Mayor then inquired if any person who would be entitled to protest or object to the doing of the things proposed to be done, desired to make oral protests or objections, and stated that such persons would now be heard. Each addressed the City Council on the matter of said written report and the doing of the things proposed in said written report and propounded many questions as to the amounts of various estimated assessments upon the individual parcels of land. the following people made oral protests. Frank L. Woodland let.Add.Newport Heights, Block 35, Lot 15 It Winifred B. Brainard If ' ' 11 13, 10 18 & 19 Vernon Orr 11 11 11 11 11 22, 11 2 & 3 Alice C. Plumer If If 11 if If 328 M 9$10011112 Joseph L. Carver If 11 If 11 11 24, 11 13 Benjamin Hammond 11 11 11 11 11 28a 11 9 After a full and thorough hearing had been had in said matter and an opportunity having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written report filed by the Engineer in said matter, the City Council deemed it advisable that the hearing be continued for the purpose of checking the protests. HA aring continued to Thereupon the following motion was made by Councilman Tune 28, 1948 at 7a30 Robertson that all written protests be referred to the City Engineer N.M. - for checking and report, and that further consideration of said matter be continued until the hour of 7 :30 O'clock P.M. of June 28th, 1948. Said motion was duly seconded by Councilman Greeley and carried by the following vote, to-wit: AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue and Drake. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None -gular order of On motion of Councilman Robertson, seconded by Councilman ousiness resumed. Isbell and carried, the regular order of business was resumed. COMMUNICATIONS a,Ithority to employ The City Administrator's request to employ Calvin Lindberg .alvin Lindberg granted. at the rate of $.88 per hour, effective May 20, 1948, was granted on motion of Councilman Blue, seconded by Councilman Robertson and carried. •.?tter re dividend from The letter of the State Compensation Insurance Fund, signed state Comp. Ins. Fund by T. P. Healy, relative to the City probably not receiving any divi- tiled. dend this year from their policy, was filed on motion of Councilman Robertson, seconded by Councilman Greeley and carried. M. Robinson to sur- City Administrator John J. Sailors' request to employ Mr. vey City's budgeting and F. M. Robinson of Diehl & Company to make a survey of the City's ` ^counting system. budgeting and accounting system was granted on motion of Councilman Robertson, seconded by Councilman Greeley and carried by the following vote, to -wit: Promotions approved for Anne Davis Dorothy L. Palen Dorothy Thiele. AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. The City Administrator recommended motions be approved: Anne Davis, Clerk Typist Grade II, to Clerk Typist Grade III, salary $187.00 to Dorothy L. Palen, Clerk Typist Gra, Clerk Typist Grade II, salary $171.00, to be Dorothy Thiele, Deputy City Clerk, to $171.00, effective June 1, 1948. that the following pro - present salary $179.00 be effective June 1, 1948. le I, salary $163.00 to effective June.l, 1948. salary $163.00 advance On motion of Councilman Isbell, seconded by Councilman Greeley and carried, the City Administrator's recommendation was.approved by the following vote, to -wit: AYES, COUNCILMEN. Robertson, Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN. None The letter from Orange County Health Department, signed by Edward Letter from Orange Co. Lee Russell, M.D., regarding pollution of the beaches, was ordered filed Health Dept.,re pollu- on motion of Councilman Robertson, seconded by Councilman Greeley and tion of beaches,filed. carried. The letter from John A. Droege regarding refuse on the Corona Letter from John A. Del Mar Beach was filed on motion of Councilman Robertson, seconded by Droege,re refuse on Councilman Greeley and carried.. C.D.M. beach, filed. The letter from Rheta Goff regarding the condition of 32nd St., Rheta Goff's letter re ' and her request that the ®ity oil said street, was tabled on motion of oiling 32nd St., was Councilman Robertson, seconded by Councilman Greeley, and the City Clerk filed. Instructed to write Rheta Goff informing her that if the City were to oil this street they would be setting a precedent for other similar streets. A letter from the Balboa Tournament of Lights Association was read in which the Association invited the Council to a meeting at the Newport Harbor Yacht Club on Monday, May 31st., at 4 o'clock P.M. On motion of Councilman Robertson seconded by Councilman Greeley and carried, the letter was filed; and the City Clerk instructed to get in touch with the Association suggesting that they set another date, May 31st being a holiday. A letter from Harold and Beatrice Shaw regarding sand from Mr. and Mrs. George H. DuBarry's property filling the alley at the rear of the Shaw's and DuBarry's property, was referred to the City Administrator for investigation and report back to the Council on motion of Councilman Isbell, seconded by Councilman Robertson and carried. A letter from Harold and Beatrice Shaw regarding sand from Mr. and Mrs. George H. DuBarry's property seeping through a wooden retaining wall, and thus damaging the property of the Shaws, was, on motion of Councilman Isbell, seconded by Councilman Robertson and carried, referred to the City Administrator for investigation and a report back to the Council. The invitation of the Peninsula Point Community Association to the City Council and the City Administrator to attenA their meeting May 28th at 7.30 P.M. was filed on motion of Councilman obertson, seconded by Councilman Isbell and carried, and the City Administrator instructed to write the Balboa Peninsula Point Community Association that those mem- bers of the Council who were free and able to attend would be glad to do so. Letter from Tourna- ment of Lights Asso. ordered filed. Shaw's letter re sand from DuBarry's propel° "L filling alley referred to City Administrator. Shaw's letter re sand from DuBarry's propert damaging Shaw's pro- perty referred to City Administrator. Balboa Peninsula Point Community Asso's invi- tation to Council to attend meeting May 28 referred to Sailors. The letter from Mr. & Mrs. G. E. Hooker, of the Bible Insti- Letter from Bible tute of Los Angeles, was referred to Mr. Sailors on motion of Council- Institute of L.A. man Robertson, seconded by Councilman Greeley and carried; and Mr. referred to Sailors. Sailors was instructed to inform the Bible Institute that there was an Ordinance preventing public meetings on beaches. The application of William A. Read for transfer of his Retail Merchant's business license to 215 Coast Highway, Corona Del Mar, was tabled on motion of Councilman Robertson, seconded by Councilman Blue and carried. App'tion Wm. A Read for transfer of licen= tabled. The application of R. J. Bothwell for permission to install a R.J. Bothwell's anpk'n 550 gallon underground tank for gasoline at Lot 4 Tract 682, Corona for 550 gal. gas tank Del Mar, was granted under motion of Councilman Robertson, seconded by approved. Councilman Blue and carried, subject to the approval of the Fire Chief. ' The application of Mr. B. Schlagenhauff on hehalf of Steelcraft Appk'n B. Schlagenhaui for permission n of gallon ea tti ate a to Highwaywsgranted withapproval f the FirDepartment on motion of install 550Gal. gas Councilman Isbell, seconded by Councilman Greeley and carried. tank approved. UNFINISHED BUSINESS Bids for the Improvement of 31st Street from Lafayette Avenue to 28th Street were submitted by Griffith & Co., George Mason, Cox Brothers Construction Co., O'Brien & Bell Construction Co., John J. Swigart Co. and Sully Miller Contracting Co., and were read by the City Clerk. O'Brien & Bell Construction Co., submitted the lowest bid In accordance with the specifications. Bids submitted for 31st St. Improvement O'Brien & Bell low bid. 118 '•ity Engineer holding Councilman Isbell moved that the City Engineer take the bids maids till completion of under consideration pending the completion of the contract by the pro - _-ontract with property perty owners involved. The motion was seconded by Councilman Robertson wners involved. and carried. alph P. Maskey's letter A letter from Ralph P. Maskey was read regarding the condition a Summer's request of of the sidewalk on 33rd Street. This was in reference to Mr. Summer's =y 10th referred to request to the Council on May 10th. On motion'of Councilman Robertson, -ity Engineer: seconded by Councilman Greeley and carried, the matter was referred to the City Engineer with instructions for the.City Engineer to report back to the Council. NEW BUSINESS v. N. C. Goudeseune's On motion of Councilman Isbell, seconded by Councilman Blue, -srk at new City Hall Mr. Norbert C. Goudeseune's work, construction of concrete curbs and pproved and paid. sidewalks at the new City Hall, was accepted.- On motion of Councilman Robertson, Norbert C. Goudeseune is to be paid in accordance with the terms of the contract for the com- pleted curbs and sidewalks. Motion was seconded by Councilman Blue and carried by the following vote, to -wits AYES, COUNCILMEN* Robertson, Greeley, B1ue,Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN* None improvement Tract 1116 On motion of Councilman Robertson, seconded by Councilman Blue, accepted. the City Administrator's recommendation that the improvements in Tract No. 1116 be accepted was carried by the following vote, to -wits AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Water Dept. credits The recommendation of the City Administrator regarding the approved. list of credits made by -the City water Department was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN- None Greater All American Market request for use The request of the Greater All American Market to use of loud speaker and searchlights and a loud speaking system during the three days of the searchlights at their Grand Opening of their new store in Corona Del Mar was granted subject opening, approved. to the approval of the Police Department on motion of Councilman Isbell, seconded by Councilman Greeley and carried-by the following vot, to -wit: AYES, COUNCILMEN: Robertson, Greeley, Isbell and Blue NOES, COUNCILMEN: Drake ABSENT COUNCILMEN: None Quitclaim Deed in Councilman Isbell moved the adoption of a resolution being a favor of J. E. Gentry. resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach the following Quit Claim Deed to the following person and covering the following described property: J. E. GENTRY Lot 15, Block 45 RIVER SECTION, as shown on a Map recorded in Book 4, page 25, of Miscellaneous Maps, records of Orange County, California Resolution No-3593 The motion was seconded by Councilman Greeley, and Resolution given quitclaim deed. No. 3593 was given, and the quitclaim deed was carried by the following vote, to -wit: AYES, COUNCILMEN: Robertson, Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None wetback variance for The Planning Commission's Resolution No. 347 for a 50% rear_ :Arc No. Goodnow and yard setback Variance for Marc. N. Goodnow and Thomas R. Lyon was approved iiiomas R: Lyon approved. on motion of Councilman Robertson, seconded by Councilman Isbell and carried. jetback variance for On motion of Councilman Robertson, seconded by Councilman Ht F. Wit disapproved. Greeley and carried, the Planning Commission's Resolution No. 348 disapproving of a 50% side yard setback variance for H. F. Witt was approved. L CII 0 The Planning Commission's Resolution No. 350 regarding Harold Swetzer's variance the variance application of Harold Swetzer was tabled on motion application was tabled. of Councilman Robertson, seconded by Councilman Greeley and carried. The Planning Commission's Resolution No. 349 disapprov- C. A. Bartholomae's setback ing the sideyard variance application of Charles A. Bartholomae variance disapproved.. was approved on motion of Councilman Robertson, seconded by Council- man Blue and carried. ' The application of Margaret J. DuBarry and George H. DuBarry's azppk'n to rezone DuBarry to reclassify Block N, Seashore Colony Tract, West New- Block N Seashore Colony port Beach from R -2 to C -1, which application was disapproved Tract from R -2 to C -1 was by the Planning Commission, was not granted on motion of Council- not granted. man Robertson, seconded by Councilman Greeley and carried. The recommendation of the Planning Commission that Planning Comm. recommenda. the City Council adopt an ammendment to Zoning Ordinance No, Lion re ammendment to Znnin 525 was approved on motion of Councilman Robertson, seconded Ord. No. 525 approved. by Councilman Greeley and carried bq the following vot, to -wit: Hearing set for Jun 14, 194r And the hearing set for June 14, 19'k9. AYES: COUNCILMEN: Robertson, Greeley Isbell, Blue and Drake NOES: COUNCILMEN: None ABSENT COUNCILMEN: None The recommendation of the Planning Commission that Dr. Dr. S. R. Monaco granted S. R. Monaco be granted a conditional permit to extend his conditional permit to present building for an office for the practice of medicine extend present building was adopted on motion of Councilman Robertson, seconded by for an office. Councilman Greeley and carried. (Councilman Isbell not voting.) Resolution Nos. 331, 336 and 341 of the Planning Commission regarding re- zoning of City owned property on the Coast Highway to C -1 Olassification was adopted on motion of Councilman Greeley,and a hearing on the matter set at 7 :30 P.M, on June 14, 1948. The motion was duly seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCIL14EN: Robertson Re- Zoning City Property on Coast Highway to C -1 adopter Hearing set for June 14,148 Resolution No. 3594 regarding destruction of unnecessary Res. No. 3594 regarding and obsolete records was approved on motion of Councilman Isbell, destruction of obsolete seconded by Councilman Greeley and carried by the following vote, records was passed. to -wit: AYES, COUNCILMEN: Greeley, Isbell„ Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: Robertson Resolution No. 3596 changing the time of the regular Res. No. 3596 changing meetings of the City Council to the evening was adopted on motion time of Council meetings of Councilman Greeley, seconded by Councilman Blue and carried to evenings adopted. by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: Robertson The plans and specifications of the City Engineer for plant -mixed surfacing on the alley from 12th Street to 13th Street between Bay Avenue and Central Avenue, with wage scale attached, were approved by the Council on motion of Councilman Isbell, seconded by Councilman Greeley, and the City Clerk instructed to advertise for bids. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: Robertson Mayor Drake appointed Councilmen Robertson and Greeley on the Finance Committee Plans for Plant -Mixed surfacing on alley from 12th St. to 13th St. approv: Clerk instructed to advertise for bids. Councilmen Robertson and Greeley appointed on Fina.noz Committee. Mayor Drake appointed Councilmen Greeley and Drake as Greeley and Drake temporary the temporary Harbor Committee. Harbor Committee i m Ray 0. Gould °s request Mr. Ray 0. Gould °s request to construct a float before his to construct float re- Lot No. 53, Tract No. 907, Newport Beach, was referred to the Harbor ferred to Harbor Com. Committee on motion of Councilman Isbell, seconded by Councilman Greeley and carried. On motioft.of Councilman Greeley, seconded by Councilman Isbell and carried, an adjournment was taken to June 14, 1948 at 7 :30 P. X. Mayor of the City of Newport Beach. ATTEST: /C 1 4 Jerk of the Uity of Bewport Beach.