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HomeMy WebLinkAbout11/08/1948 - Regular Meeting174 November 8, 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 7:30 o'clock on the above date with Mayor Drake presiding. The roll was called, the following Councilmen answering present: Greeley, Robertson, Blue, Isbell 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 so the Mayor ordered the reading of the Minutes dispensed with. The demands for the month of October, examined and approved by the Finance Committee and signed by the Mayor and City Clerk were approved on motion of Councilman Robertson, 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 Monthly Report Receipts and The Monthly Report of Receipts and Disbursements for the Disbursements filed. period October 1, 1945 through October 31, 1948, was ordered filed by the Mayor. REPORTS OF SPECIAL COMMITTEES - None REPORTS OF STANDING COMMITTEES - None PIER PERMITS Application Pier Permit The application of Van D. Clothier to construct a pier and Van D. Clothier approved. boat slip on Lot 40, Tract 907, which application has been approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Robertson and carried. Application Pier Permit The application of Orin Thorkildson to construct a pier and Orin Thorkildson approved. boat slip on Lots 907 and 908, Tract 907, approved by the Harbor Commission, was granted on motion of Councilman Greeley, seconded by Councilman Robertson and carried. Application Pier Permit The application of Mr. Elton Hallett to reRodel an existing Elton Hallett revoked. pier on his lot was revoked on motion of Councilman obertson, with instructions that the City Clerk refund the deposit, and that Mr. Hallett be instructed to apply for a new pier permit to be built on the dividing line of his lot. ANNEXATION Jennie S. Crutcher, Inc. On motion of Councilman Isbell, the petition of Jennie S. Petition for annexation Crutcher, Inc. for annexation to the City of Newport Beach of certain filed and accepted. uninhabited territory was filed and accepted with the understanding that this acceptance shall not be construed as constituting agreement by the City to any conditions precedent to said annexation. The motion was seconded by Councilman Robertson and carried by the follow - ing vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution 3636 setting Resolution No. 3636 setting a date for the hearing on the date for hearing on Crutcher Petition at December 13, 1848, was adopted on motion of Council - Crutcher Petition adopted. man Isbell, seconded by Councilman obertson and carried by the follow- ing vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None LJI COMMUNICATIONS A letter from the Newport Harbor Chamber of Commerce, request- ing that the Council approve an allocation of $100.00 for each of the six business districts for Christmas decorations, was read and on motion of Councilman Greeley the request of the Newport Harbor Chamber of Com- merce was granted. The motion was seconded by Councilman Robertson and carried by the following vote, towit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NEW BUSINESS On motion of Councilman Blue, seconded by Councilman Greeley and carried, the recommendation of the City Engineer that the work of the Sully Miller Contracting Co. on San Bernardino Avenue improvements be accepted by the City was approved. The Oath of Office of E. V. Comstock as a Special Officer was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. The petition from the owners of Lots 1 to 10 inclusive of Block 536, Canal Section and Lots 1 to 12, Block 636 Canal Section, Newport Beach, requesting that a "No Parking" area be made on the southeasterly side of 36th Street and continuing to Clubhouse Avenue, was referred to the Traffic Committee on motion of Councilman Isbell, seconded by Councilman Robertson and carried. The application of R. C. Joyce to install three 1000 gallon U. L. tanks underground at Jasmine and Coast Hiway, Corona Del Mar, and to install one 285 gallon U. L. drain oil receiver underground and three electric type gasoline pumps, which application had been approved by the Fire Chief, was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. Resolution No. 3637, being the agreement with the State for gas tax allocation, to cover the paving of 2nd Avenue from Avacado Avenue to Heliotrope Avenue, and Jasmine Avenue to Hazel Drive, was adopted and the Mayor and City Clerk authorised to sign the agreement on motion of Councilman Isbell, 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 175 N °pt Harbor Chamber of Commerce request for Christmas Decoration funds approved. C.D.M. Business Asso. request for Christmas Decoration fund filed. Budget Reduction approve Investigation report to start assessment district to pave alleys south- easterly of "F" Newport Beach Peninsula approved. License application of Mrs. A. Schrade and Mrs. A. Willis approved. Sully Miller Contracting Co. improvements on San Bernardino Ave. accepted. Oath of Office of E. V. Comstock approved. Petition of Lot owners Block 536 and 636 Canal Section for "Ho Parking" southeasterly side of 3611 St. referred to Traffic Committee. Application R. C. Joyce (Hazardous Fluids) approved. Gas Tax Agreement 2nd Avenue Approved. Resolution No. 3637. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The request of the Corona Del Mar Business Association for a donation of $100.00 for their Christmas Lighting program was ordered filed as the matter was handled in the Newport Harbor.Chamber of Commerce request. The request of the City Administrative Officer for the follow- ing reductions in the current Fiscal Year's Budget: Budget #103 Police Department. $1,100.00 Budget #101 Administrative 2,000.00 Budget #465 Fire Department 2,000.00 5,100.00 was granted on motion of Councilman Isbell, 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 The investigation report of City Engineer J. B. Webb with reference to the petition of certain property owners in Newport Beach Peninsula lying southeasterly of "F" Street requesting the paving of alleys in that area, revealed that only 34.7% of the total area of the proposed assessment district had signed the petition. Therefore, Mr. Webb recommended that the City Engineer be. instructed to prepare an investigation report pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111. On motion of Councilman Isbell, seconded by Councilman Greeley and carried, the recommendation of the City Engineer was,adopted. The license application of Mrs. A. Schrade and Mrs. A. Willis for a cafe at 504 West Central Avenue, Newport Beach, which application had been approved by the Health Officer, was granted on motion of Councilman Isbell, seconded by Councilman Greeley and carried. NEW BUSINESS On motion of Councilman Blue, seconded by Councilman Greeley and carried, the recommendation of the City Engineer that the work of the Sully Miller Contracting Co. on San Bernardino Avenue improvements be accepted by the City was approved. The Oath of Office of E. V. Comstock as a Special Officer was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. The petition from the owners of Lots 1 to 10 inclusive of Block 536, Canal Section and Lots 1 to 12, Block 636 Canal Section, Newport Beach, requesting that a "No Parking" area be made on the southeasterly side of 36th Street and continuing to Clubhouse Avenue, was referred to the Traffic Committee on motion of Councilman Isbell, seconded by Councilman Robertson and carried. The application of R. C. Joyce to install three 1000 gallon U. L. tanks underground at Jasmine and Coast Hiway, Corona Del Mar, and to install one 285 gallon U. L. drain oil receiver underground and three electric type gasoline pumps, which application had been approved by the Fire Chief, was approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. Resolution No. 3637, being the agreement with the State for gas tax allocation, to cover the paving of 2nd Avenue from Avacado Avenue to Heliotrope Avenue, and Jasmine Avenue to Hazel Drive, was adopted and the Mayor and City Clerk authorised to sign the agreement on motion of Councilman Isbell, 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 175 N °pt Harbor Chamber of Commerce request for Christmas Decoration funds approved. C.D.M. Business Asso. request for Christmas Decoration fund filed. Budget Reduction approve Investigation report to start assessment district to pave alleys south- easterly of "F" Newport Beach Peninsula approved. License application of Mrs. A. Schrade and Mrs. A. Willis approved. Sully Miller Contracting Co. improvements on San Bernardino Ave. accepted. Oath of Office of E. V. Comstock approved. Petition of Lot owners Block 536 and 636 Canal Section for "Ho Parking" southeasterly side of 3611 St. referred to Traffic Committee. Application R. C. Joyce (Hazardous Fluids) approved. Gas Tax Agreement 2nd Avenue Approved. Resolution No. 3637. Im Resolution 3638, request City Engineer J. B. Webb's preliminary estimate for improv- for gas tax fund for im- ing The Hudson between Central Avenue and Lafayette, estimated cost provement of The Hudson $9,000.00. Councilman Robertson moved that a request be made for adopted. the necessary money from the gas tax fund, and Resolution No. 3638 be awarded the request. 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 City Attorney instructed Councilman Robertson moved that the City Attorney be in- to ascertain all facts re- strutted to ascertain all the facts concerning our County Taxes, the garding County taxes. method of assessment and where the money is expended, with a view to reduction on our tax rates. The motion was seconded by Councilman Isbell and carried. Ordinance No. 584, reduc- Mayor Drake made a motion to adopt Ordinance No. 584, an ordi- ing water rate by $1900 nance reducing the water rate by $1.00 per month, effective January 1, adopted and passed to 1949. The Mayor stated that the projects for which the rate originally second reading. was imposed were sufficiently near completion to permit this reduction. The motion was 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 Planning Com. Res. #366, The Planning Commission's Resolution No. 366 regarding Mr. R.J.Weston's appl'n set- R. J. Weston's application for set back variances was read, and back variance, concurred Councilman Isbell moved that the Planning Commission's recommendation in. be concurred in, which motion was seconded by Councilman Blue and carried. P1an.Comm. Res.#367, The Planning Commission's Resolution No. 367 recommending amendment of Ordinance the amendment of Ordinance No. 525, Section 1, Sub - section 6, was tabled No. 525 tabled. until the next meeting on motion of Councilman Isbell, seconded by Councilman Greeley and carried. Plan.Comm.Resolution 368 The Planning Commission's Resolution No. 368 denying the H.H.Holbrook appl'n for application of Mr. H. H. Holbrook for a conditional permit was tabled conditional permit tabled. on motion of Councilman Isbell, seconded by Councilman Greeley and carried. Proceedings initiated to Mayor Drake moved that the council take action to initiate annex Cliff Haven School. proceedings-to annex certain Cliff Haven School property. Councilman Isbell . seconded the motion which was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Transfer of-Elliott Lease to City Attorney Dennison stated that the question of transferring Jergens 011 Co. brought the oil lease held by Walter Elliott to the Jergens 011 Co. should be up. brought up at this time. Mayor Drake stated that we have been waiting about six months to give Mr. Elliott and the Jergens Oil Co. an answer -as to whether or not an application for the transfer of that contract should be made, and we have had ample time to study it, and they would like to have an answer. Councilman Isbell moved that the Walter Elliott lease be transferred to the Jergens Oil Co., and that the wording of the new lease be identical to the wording of the Elliott lease with the exception that the City receive $100.00 monthly until drilling starts, Councilman - Blue seconded the motion. Mayor Drake -spoke Mayor Drake-. said, "This contract has been in effect since against the transfer of 1943. There was ample time before the Tidelands Case came up in which the Elliott oil lease. they could have drilled. Whether or not the contract was, or was not, a good thing for the City was nothing that this particular body had anything to do with. As far as I am concerned I would be opposed to this transfer because we do not think that we are receiving adequate compensation for their having the rights for the blanket drilling and the possibilities of the oil that is in there. We must remember if we do this that the Jergens Oil Co. will have exclusive rights to all the oil that is there. I do not think that the $100.00 we have been offered is sufficient for all the oil that might be there. I do want to say that, if this agreement passes, which you are privileged to do, be sure and see that, before you make this transfer, there are no privileges or changes from those which the original contract calls for." Mr. Elliott, Attorney Harry Ashton and Attorney Thomas Webster spoke from the floor all advocating the transfer. Councilman Robertson stated that it was possible we might re- ceive more money if we waited to see what might happen to the tidelands. Councilman Greeley stated that he could not see any advantage to the city of transferring the contract at this time. Mayor Drake called for a vote, and the transfer was rejected by the following vote, to -wit: AYES, COUNCILMEN: Blue and Isbell NOE &, COUNCILMEN: Greeley, Robertson and Drake ABSENT COUNCILMEN: None City Administrative Officer, Sailors, stated that he had received the bids for publishing the codification of Ordinances which had been prepared by Mr. Burke. Bids had been received from Newport ' Balboa Press in the sum of $1,100.00, Hendricks Printing Co., 1,233.20, Newport Harbor Publishing Co. $1,202.78 and the Wayside Press 1,120.00. Councilman Robertson moved that the bid be awarded to Newport- Balboa 1 Press, low bidder, which motion was seconded by Councilman Greeley and carried by the following vote, to -Tait: � AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drakef NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1 The City Administrative Officer requested that the Council allow $400.00 for emergency work due to the Santa Ana wind. It was necessary to remove several trees and top other trees, a total of about sixty, and repair a water line. Councilman Robertson moved that the City Administrator's request be granted, which motion was seconded by Councilman Greeley and carried by the following vote, to -wit: 17� Mr. Elliott, Attorneys Ashton & Webster spoke for the transfer. Transfer of Elliott Lease to Jergens 011 Co. rejected. Bid for publishing codi- fication of ordinances awarded Newport Balboa Press, low bidder. $400.00 allowed for emergency work topping trees etc. due to high winds. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mr. Lawrence Stanyer, representing the Balboa Taxpayer's Lawrence Stanyer, Balboa Association, spoke from the floor regarding the issuance of permits Taxpayers Asso. spoke for private piers on Balboa Island, and suggesting that any further pier against issuing private permits be issued only for public piers on the island. pier permits on Balboa Island. On motion of Councilman Robertson, seconded by Councilman Isbell Philmer Ellerbroek re- and carried, Mr. Philmer Ellerbroek was reappointed to the Planning appointed to Planning Commission, his previous term expiring November 8, 1948. Commission. ADJOURNMENT On motion of Councilman Blue, seconded by Councilman Greeley and carried the meeting was adjourned Sine Die. ATTEST: i�,el X��, 45toll-� e e