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HomeMy WebLinkAbout08/23/1948 - Regular MeetingAugust 23, 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 7:30 o'clock P.M. on the above date with Mayor Drake presiding. The roll was called, the following Councilmen answering Roll called all Council - present. Greeley, Robertson, Blue, Isbell and Drake men present. The Mayor asked if any of the Councilmen, or anyone in the Reading of minutes waived. audience, wished the minutes of the previous meeting, or any part ther- of read. No one responded and the reading of the minutes was dispensed with on motion of Councilman Robertson.-seconded by Councilman Isbell and carried. Councilman Isbell, seconded by Councilman Robertson and Regular Order of business carried, moved that the regular order of business be dispensed with dispensed with. in order that the hearing in the matter of the grading and improving of Santa Ana Avenue and other streets may be had. The Clerk reported that this was the time and place fixed Hearing on improvements for the hearing of protests or objections against the work or the on streets and alleys district, as described in Resolution of Intention 3605 in the matter in Newport Heights. of grading, paving and otherwise improving Santa Ana Avenue and other streets, alleys and easements in Newport Heights. The Clerk also reported that the affidavits in support of the publication of the Resolution of Intention, the mailing of printed notices of the adoption of said resolution and of the posting of the notice of improvement as required by law had been made and are on file in the office of the City Clerk. The Mayor announced that the first order of the hearing would be the reading of the Engineer's report on the project prepared pursusnt to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" The Mayor then inquired of the City Clerk if any written protests or objections against the work or the district had been filed with him in said matter. The Clerk reported that certain written pro- tests had been filed with him prior to the time set for the hearing, by the following. Mary Jane Heeley Mr. & Mrs. Robert Wm. Shape Ledia Strother Elva Woodland Mr. & Mrs. John W. Sauers Dorothy L. Clavelot and Maud M. H. 0. Boyvey. Burk by Etta A. Tower. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the work or the assessment district, each as set forth in the Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard. Nobody appearing, the City Clerk read the written protests, and all protests were referred to the Engineer for checking and report as to the percentage of the area represented thereby. The engineer reported that the protests represented approx- imately 17.7% of the total area of the assessment.district. All protests having been heard and opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the Council having before them a diagram of the assessment district and also having considered all protests filed, and having considered the matter as to the area of property represented by said protestants, Councilman Isbell presented the following resolution and moved its adoption. WHEREAS, Certain protests having been filed by Winnie B, Brainard and others, protesting against the doing of the work and improve- ment described in Resolution of Intention No. 3605, or against the assess- ment district, and . wrI Resolution No. 3613 Ordering work in im- proving Santa Ana Ave. and other streets and alleys in N °pt. H°ts. adopted. WHEREAS, the City Council has carefully considered all protests or objections and having considered the area of the district represented by said protests: NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections be and the same are hereby overruled and denied. Said motion was duly seconded by Councilman Robertson and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell then moved the adoption of Resolution Ordering Work No. 3613 in the matter of improving Santa Ana Avenue and other streets and alleys and easements in Newport Heights, as per Resolutions of Intention No. 3605, in the City of Newport Beach, which motion was seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake ABSENT COUNCILMEN: None NOES, COUNCILMEN: None Resolution No. 3614, Councilman Isbell offered and Uniform Wage Scale Resolution No. 3614, determining the pri adopted. paid for the public street improvements Resolution of Intention No: 3605, which Councilman Blue and upon -roll call said following vote, to-wit: moved the adoption of availing rate of wages to be in Newport Heights, as per motion was seconded by resolution was adopted by the AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Opening of bids for con- This being the time and place the bids for the construction struction of concrete of portland cement concrete curbs and gutters, grading and the paving gutters and plant mixed with plant mixed surfacing of San Bernardino Avenue ® Cliff Drive surfacing etc. of San from Coast Boulevard to Riverside Avenue, about two - tenths of a mile, Bernardino Ave. e Cliff the following bids were opened: Dr. Bids referred to City Engineer. Griffith & Co., the total sum of $13,460.50 Cox Bros. Construction Co. " 11 t1 11,391.50 Sully Miller Contracting Co. 01 n 11 10,348,80 John J. Swigart Co. °1 " ° 11,087.11 O'Brien & Bell Construction Cc t1 " 12,262.10 On motion of Councilman Robertson, seconded by Councilman Blue and carried, the bids were referred to the City Engineer for comparison. Reading of Ordinance 581, This being the time and place for the second reading and Sales Tax ordinance, passing of Ordinance 581, the Ordinance of Me City of Newport Beach waived. imposing a license tax for the privilege of selling tangible personal property q' retail and imposing an excise tax on the use or other consumption of tangible personal property and providing penalties for violation thereof. Councilman Isbell moved that the reading of the Ordinance be waived, which motion was seconded by Councilman Robertson and carried. Use of proposed sales The Mayor then stated that the funds to be derived from the tax monies. Sales Tax Ordinance were to be used for the following projects, towit: 1. A new Fire Hall at Corona Del Mar. 2. Employment of a planning consultant 33 Repair of streets and sidewalks 4. Employment of additional men in the street department 5. Provision of more off street parking. Sales Tax Ordinance There was considerable discussion from the floor by both discussed from floor. those in favor of the tax and those against the sales tax. Amongst those who spoke against the tax was Max Serwitz, the attorney retained by local business men who - prepared and presented a petition signed by 260 persons, another petition was presented by Ed T. Healy containing 51 signatures. Mr. Hubbard Howell, Mr. Charles Stroebble and Mr. Howard Law also spoke against the tax. Amongst those who spoke in favor were Mr. Fred Shaan, Jr., R. Lane, Andrew Brown, Dick Crutcher, Boyve Clastreet, Walter Onward, Ben Reddick,Volney Hay, Lupton Wilkinson, Mrs. Fiatt, Mrs. Forrest and Mrs. A. S. Garrey. Councilman Isbell stated that most of the program had been considered by previous Gouncils who had been unable to bring the projects into realization because of lack of funds. Councilman Isbell suggested also that some assurance be given property owners that property taxes would be reduced if the sales tax were imposed. Ordinance No. 581, On motion of Councilman Robertson, seconded by Councilman Blue, Sales Tax Ordinance, that Ordinance No. 581 be adopted, the motion was carried by the following adopted. vote, to -wit: AYES, COUNCILMEN:- Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1 i n Councilman Robertson then moved that the City Clerk be instructed to reduce the property tax rate fifteen cents, and the motion was seconded by Councilman Greeley and passed by the following vote,-to-wit' AYES, COUNCILMEN: Greeley, Robertson, Isbell, Blue and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Drake announced a recess of ten minutes Councilman Isbell moved that the regular order of business be resumed, which motion was seconded by Councilman Robertson and carried. REPORTS OF HEADS OF DEPARTMENTS - None REPORTS OF STANDING COMMITTEES - one REPORTS OF SPECIAL COMMITTEES - None COMMUNICATIONS 155 Property taxem reduced by fifteen cents. Recess. Regular Order of business resumed. A letter from Thomas V. Towns, Chief of Police of Orange, Request of Chief of Polic California, requesting permission to operate a sound truck through the of Orange to operate a city was read, and on motion of Councilman Isbell, seconded by Council- sound truck denied. man Robertson and carried, the request was denied. A letter from the Santa Ana Police Benevolent Association requesting permission to operate a sound truck in the City also was denied on motion of Councilman Blue, seconded by Councilman Isbell and carried. Request of Sant Ana P01103 Benevolent Asso. to oper- ate a sound truck denied. A letter from G. W. Bassett complaining that his head had been Letter from G.W.Bassett, injured by a projecting steel sash in the Court Room was read, an4 upon re head injury from pro- motion of Councilman Robertson, seconded by Councilman Greeley and carried, jecting sash referred to the matter was referred to the City Administrator for appropriate action. City Administrator.. A letter from Sarah Conant regarding white line on Santa Ana Letter from Sarah Conant Avenue and flooding of her garage was read, and on motion of Councilman re white line on Santa Robertson, seconded by Councilman Greeley, was referred to the City Ana Ave. and flooding of Administrative Officer for proper action. her garage referred to City Administrator The license application of Alta M. Gilbertfor the Kopper Kettle License appl'n of Alta Kafe at 322 Marine Avenue, Balboa Island, which had been approved by M. Gilbert approved. the Health Officer, was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. The license application of Anita P. Sexton for a catering ser- License appli °n of Anita vice and banquet room at 2205 Coast Blvd., Newport, which had been P. Sexton for catering approved by the Health Officer, was approved on motion of Councilman service approved. Robertson, seconded by Councilman Greeley and carried. The license application of W. H. Sargent for an exempt license License appli'n for a n,_ to peddle produce under the disabled veteran's clause, was, on motion license of W.H. Sargent. of Councilman Isbell, seconded by Councilman Blue and carried, referred to the City Attorney. NEW BUSINESS The resignation of E.,F. Coop, secretary of the Civil Service Resignation of E.F.Coop Commission, was, on motion of Councilman Robertson, seconded by Council- of Civil Service Com. man Greeley, referred to the City Administrative Officer with instruc- accepted. tions to write a letter expressing the appreciation of the City for his services. The City Engineer presented for approval certain streets and limits thereof in Corona Del Mar for inclusion in the major city streets system, and upon motion of Councilman Robertson, seconded by Councilman Greeley, Mr..Webb's recommendations were approved and the City Attorney instructed to draft a resolution including these streets. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell moved the adoption of a resolution being a resolution authorizing the Mayor and City Clerk to execute on behalf of the Nity of Newport Beach the following Quit Claim Deed to the follow City Engineer's recom- mendation of certain streets in C.D.M. for inclusion in major street system approved. Quit Claim deed to ing persons and covering the following described property: Gussie M. Hendrickson & Glenna L. Mize adopted. Gussie M. Hendrickson and Lot 5, Block 15, Section B as Glenna L. Mize shown on a Map recorded in Book 4, Page 27, Misc. Maps, records of Orange County, California. Oath of Office of George On motion of Councilman Robertson, seconded by Council:an S. Dennison as Asst. City Blue and carried, the oath of office of George S. Dennison as Attorney approved. Assistant City Attorney was approved. Appl'n of Mrs. Nell The Planning Commission's Resolution No. 360 denying the Carey for rezoning request of Mrs. Nell Cary for the rezoning of lots 1 and 2, Block 14, Lots 1 0 2, Block 14 Balboa Tract from R -3 to C -1 zone was read. Balboa Tract was read Mr. Roger Van Pelt and Mrs. Nell Carey spoke from the floor Planning Comm. recom- on this resolution. Councilman Isbell moved that the Council concur mendation re Nell Carey in the Planning Commission's recommendation, the motion was seconded defeated. by Councilman Blue and defeated by the following vote, to -wit: . AYES, COUNCILMEN: Isbell: NOES; COUNCILMEN: Greeley, Robertson, Blue and Drake ABSENT COUNCILMEN: None Mrs. Nell Carey's appli- Mayor Drake moved that the resolution be tabled; he was I cation tabled. seconded by Councilman Blue and the motion was carried by the following vote, to -wit: AYES, COiNCILMEN: Greeley, Robertson, Blue, and.Drake NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None Appli'n of George P. The Planning Commission Resolution No. 361 requesting the Thompson for washerette concurrence of the City Council in granting a conditional permit to approved. George P. Thompson for a Waherette on Lots 4 and 5, Block U, Tract 323, Corona Del Mar, was approved on motion of Councilman Greeley, seconded by Councilman Blue and carried. Appl'n Irvine Co. for The Planning Commission's Resolution No. 362 requesting automobile display room concurrence in the granting of conditional permits to the Irvine approved. Co. for Automobile Display Rooms on property as described was approved on motion of Councilman Isbell, seconded by Councilman Blue and carried. Petition of E1 property The motion was seconded by Councilman Blue and carried by the 91 residents and following vote, to -wit: owners in the owners for °Stop" sign on AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake sign on Central NOES, COUNCILMEN: None Short Street Central Ave. at Short St. ABSENT COUNCILMEN: None intersection, Resolution No. Resolution No.3615* of Councilman 3615A was presented, being a resolution Blue accepting Gren t Deed . accepting a Grant Deed from J. S. Barrett to the City of Newport referred to the from J.S. Barrett Beach covering an easement, or right of way, for the purpose bf Fred Briggs accepted. construction, erection and laying of a pipe line to convey storm floor in support I water over two parcels in Tract 919 On motion of Councilman Isbell, seconded by Councilman Greeley the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None , ABSENT COUNCILMEN: None Oath of Office of George On motion of Councilman Robertson, seconded by Council:an S. Dennison as Asst. City Blue and carried, the oath of office of George S. Dennison as Attorney approved. Assistant City Attorney was approved. Appl'n of Mrs. Nell The Planning Commission's Resolution No. 360 denying the Carey for rezoning request of Mrs. Nell Cary for the rezoning of lots 1 and 2, Block 14, Lots 1 0 2, Block 14 Balboa Tract from R -3 to C -1 zone was read. Balboa Tract was read Mr. Roger Van Pelt and Mrs. Nell Carey spoke from the floor Planning Comm. recom- on this resolution. Councilman Isbell moved that the Council concur mendation re Nell Carey in the Planning Commission's recommendation, the motion was seconded defeated. by Councilman Blue and defeated by the following vote, to -wit: . AYES, COUNCILMEN: Isbell: NOES; COUNCILMEN: Greeley, Robertson, Blue and Drake ABSENT COUNCILMEN: None Mrs. Nell Carey's appli- Mayor Drake moved that the resolution be tabled; he was I cation tabled. seconded by Councilman Blue and the motion was carried by the following vote, to -wit: AYES, COiNCILMEN: Greeley, Robertson, Blue, and.Drake NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None Appli'n of George P. The Planning Commission Resolution No. 361 requesting the Thompson for washerette concurrence of the City Council in granting a conditional permit to approved. George P. Thompson for a Waherette on Lots 4 and 5, Block U, Tract 323, Corona Del Mar, was approved on motion of Councilman Greeley, seconded by Councilman Blue and carried. Appl'n Irvine Co. for The Planning Commission's Resolution No. 362 requesting automobile display room concurrence in the granting of conditional permits to the Irvine approved. Co. for Automobile Display Rooms on property as described was approved on motion of Councilman Isbell, seconded by Councilman Blue and carried. Petition of E1 property The petition of 91 residents and property owners in the owners for °Stop" sign on Canal Section for a "Stop" sign on Central Avenue at Short Street Central Ave. at Short St. and the Via Lido and its intersection, was, on motion of Councilman Via Lido referred to Traffic Robertson, seconded by Councilman Blue and carried, referred to the Committee. Traffic Committee,and Mr. Fred Briggs spoke from the floor in support I of the petition. J.B. Webb submitted City Engineer,J. B. Webb, submitted estimates for additional estimates for parking parking facilities in the Balboa Area and on motion of Councilman on A and B Sts. approved. Greeley, seconded by Councilman Blue and carried, was instructed to investigate the possiblities of extending "A" and "B" Streets . approximately 250 feet oceanward of the existing walk, both strips being 65 feet in width. Sully Miller awarded City Engineer J. B. Webb recommended that the bid of the contract for San Bernar- Sully Miller Construction Co. for the grading, paving, etc. of San dino Ave. & Cliff Dr. Bernardino Avenue and Cliff Drive, which Company was low bidder, be paving etc. accepted. Councilman Robertson moved that the recommendation of the City Engineer be accepted and the Mayor and the City Clerk be authorized to sign the contract. The motion was seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1 157 City Engineer, J. B. Webb, presented the specifications City Clerk authorized to for 60" Corrugated Metal Pipe, and upon motion of Councilman %bertson, advertise for bids on seconded by Councilman Isbell, the City Clerk was authorized to ad- 6011 corrugated metal pipe . vertise for bids by the following vote, to -witt AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Blue Meeting adjourned. and carried the meeting was adjourned Sian Die. Mayor, of the City of Newport Beach ATTEST: Clerk of the City of Newport Beach