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HomeMy WebLinkAbout12/13/1948 - Regular Meeting• I ±. December 13, 1948 Monthly Demands On motion of Councilman Robertson the monthly demands, which approved. had been examined and approved by the Finance Committee and signed by the Mayor and City Clerk, were approved. The motion was seconded by Councilman Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 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 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. Regular order of busi- On motion of Councilman Isbell, seconded by-Councilman ' ness dispensed with Robertson and carried, the regular order of business was dispensed with In order that the bids might be opened. Bids for resurfacing The Clerk announced that this was the time and place for the Seashore Drive opened opening of bids on the resurfacing with plant mixed surfacing of Seashore and referred to City Drive from 36th Street to 39th Street and from 61st Street to Summit Street. Engineer for checking. Bids from the following companies were received and read: John J. Swigart Co. Total Bid $3,110.00 O'Brien & Bell " " 4,910.00 Cox Bros. Construction Co. 3,285.40 Sully Miller Contracting Co. " " 2,777.00 Griffith Co. " " 3,010.00 Councilman Robertson moved the bids be referred to the City Engineer for checking and a report back to the Council. The motion was seconded by C=ouncilman Greeley and carried by the following vote,to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' Bids for resurfacing, The Clerk announced that this was the time and place for the etc. of 2nd Ave., C.D.M. opening of bids on 2nd Avenue in Corona Del Mar, from Avacado Avenue to opened and referred to Hazel Drive to be graded and paved with plant mixed surfacing and City Engineer for Portland cement concrete gutters to be constructed. checking. Bids from the following companies were received and read. O'Brien & Bell Total Bid $17,065.40 John J. Swigart Co. 15 ,409.00 Cox Bros. Construction Co. " " 14,932.04 - Sully Miller Contracting Co. " " 15,266.82 Griffith Co. " " 16,595.60 Councilman Robertson, seconded by Councilman Greeley and carried, moved that the bids be referred to the City Engineer for checking and a report back to the Council. Balbo Island Sewage The Clerk announced that this was the time and place for the Pumping Station bids opening of bids, pursuant to Notice Inviting Bids for the construction opened and referred to of certain sewer mains and sewage pumping stations in Balboa Island, as City Engineer for contemplated by Resolution of Intention No. 3631, and also reported that checking. he had received three bids, which bids were publicly opened, read, examined and declared as follows: Trautwein Bros. Total estimated amount of bid $22,726.00 Harry Gast 11 11 " " " 33,800.00 1° James W. Huntley 11 11 " " 33,890.00 - Reference is hereby made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of work to be done. On motion of Councilman Isbell, seconded by Councilman Robertson and carried, all bids were referred to the City Engineer for checking and report. Regular order of Councilman Isbell, seconded by Councilman Greeley and carried, business resumed. moved that the regular order of business be resumed. Monthly Demands On motion of Councilman Robertson the monthly demands, which approved. had been examined and approved by the Finance Committee and signed by the Mayor and City Clerk, were approved. The motion was seconded by Councilman Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 185 REPORTS OF HEADS OF DFPART14ENTS The Monthly Report of Receipts and Disbursements, the report of Monthly Reports orrIered the Water and Sewer Departments and the report of the Police Court were filed. ordered filed on motion of Councilman Isbell, seconded by Councilman Blue and carried. SPECIAL COMMITTEES - None REPORTS OF STANDING COMMITTEES - None COMMUNICATIONS: The communications from Gladys Watson, of Santa Ana,-and Carrie Letter from Gladys D. Adams, City Clerk of Fullerton, commending the Council for their action 11atson & Carrie D.Adams in investigating the Orange County tax assessments, were ordered filed by commending the Council Mayor Drake. ordered filed. The request of the City-Administrative Officer to employ Elder Elder V. Ortberg em- V. Ortberg as a Water Service Man Grade I at the rate of $171.00 per ployed as Water Service month, effective date December 1, 1949, was granted on motion of Council- Man. man Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The request of the Newport Harbor Chamber of Commerce, signed Request of N'pt. Harbor by Ralph P. Maskey, President, that the name of Central Avenue, from Chamber of Com. for the Arches to McFadden Place, be changed, and the name "Newport Boulevard" change of name of Central was suggested to conform to the rest of Newport Boulevard, was tabled on Ave. tabled. motion of Councilman Isbell, seconded by Councilman Robertson and carried. The request of John W. McCormack for permission to operate a John 11. McCormack's restaurant at 632 Coast Highway, Newport Beach, which application had license appl'n for res- been approved by the Health Officer, was granted on motion of Councilman taurant granted. Isbell, seconded by Councilman Blue and carried. The application for a license of John Boisseranc to install License appl'n of John ' Telequiz Machines, a coin operated educational machine, at various busi- Boisserance to install ness locations, was referred to the Chief of Police for investigation telequiz machines re- and report back to the Council, on motion of Councilman-Isbell, seconded ferred to Police Chief. by Councilman Blue and carried. C The request of the City Engineer that the Council acknowledge Acknowledged completion completion of the work done by J. S. Barrett in the installation of the of J.S.Barrett's water water line along 15th Street was read. Councilman Robertson moved that line along 15th St. the City;Engineer's recommendation be approved, which 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 A letter from Julian Hinds, General Manager and Chief Engineer, of the Metropolitan Water District, transmitting plans for a connection of the M. W. D. system with that of the city at an estimated cost of $12,000.00 was read, and upon motion of Councilman Isbell, seconded by Councilman Blue, the connectioniwas authorized by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The request of James H. Roberts for a 50% setback variance, which was tabled at the previous meeting, was brought up, and a letter from Walter Longmoor, Chairman of the Planning Commission, recommending the granting of the variance in concurrence with Resolution No. 369 of the Planning Commission, was read. A letter from James K. Ingaham stating that he had not received notice in time to attend the Planning Commission hearing also was read. A petition was presented by Harold E. Wilson containing 95 signatures, protesting against the granting of the variance decreasing the setback on Carnation Avenue. Mr. Harold C. Stelle, representing Mr. Wallace Burton of the Corona Del Mar Civic Association spoke against the issuance of a permit for the variance. Mr. Bean spoke in favor of the variance Col. Appleton spoke against the setback variance. Mrs. Isabell Andrews spoke against the setback variance. ors. Raymond Baldwin spoke against the variance Mrs. Beckner spoke against the variance Mr. B. Z. McKinney spoke against the variance Mrs. McCrystal spoke in favor of the variance. Mr. Baldwin spoke against the variance Letter from Julian Hinds with plans for connec- tion to M.W.D. water system was approved. Request of James H. Roberts for a 50% set - back variance, Flan. Com. Res. No. 9 , was not granted. S - !• Mr. Lee C. Bean spoke in favor of the variance. Mr. Greisser spoke against the variance. Mr. James H. Roberts spoke requesting the variance be allowed. Mr. Lippitt spoke in favor of the variance Mr. Ray Copeland of the Planning Commission stated that the variance would never have been recommended had their been so many protests at the Planning Commission hearing Councilman Robertson moved that the recommendation of the Planning Commission be disapproved and that the 50% setback variance be not allowed. Councilman Isbell seconded the motion which was carried by the following vote, to-wit'. AYES, COUNCILMEN: Greeley, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Robertson, Isbell and Drake Councilman Blue did not vote. NEW BUSINESS ,rautwein Bros. low The City Engineer reported that he had tabulated all bids nidder on Balboa Island received for the construction of sanitary sewers and sewage pumping _ewer pumping station. stations, as per Resolution of Intention No: 3631, and finds that - '-ontract awarded to them. the bid of Trautwein Bros. is the lowest regular bid submitted for said improvement. Res. F 3GU9. WHEREUPON, Councilman Isbell offered and moved the adoption of Resolution No. 3643, awarding the contract to Trautwein Brothers at the prices named in their bid, which said bid being the lowest regular bid submitted for said improvement, the motion was seconded by Councilman Robertson, and upon roll call, the said Resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None .ontract for paving, etc. The 6ity Engineer reported that he had tabulated all bids Df 2nd Ave. awarded to Cox received for the paving, etc. of 2nd Avenue and finds that Cox Bros. ros. Construction Co., Construction Co. is the lowest, regular bid submitted for said the lowest bidder. Res- i& 36L+y improvement. On motion of Councilman Isbell, seconded by Councilman Blue, the Contract was awarded to Cox Bros. Construction Co. and Resolution No. 3644 given the contract. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley,-Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Contract for resurfacing The City Engineer reported that he had tabulated all bids Seashore Drive awarded to received for the resurfacing of Seashore Drive from 36th Street to Sully Miller Contracting 39th Street and from 61st Street to Summit Street and finds that Co., the lowest bidder. Sully Miller Contracting Co. is the lowest,regular, bid submitted Reset..?,or tc acv S for said improvement. On motion of Councilman Isbell, seconded by Councilman Blue, the contract was awarded to Sully Miller Contracting Co. and Resolution No. 3645 was assigned. The motion was carried by ghe following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. Mayor & City Clerk On motion of Councilman Isbell, seconded by Councilman authorized to sign con- Greeley, the Mayor and City Clerk were authorized to sign the contract tract.with Cox Bros. with Cox Bros. Construction Co. for the improvement of 2nd Avenue by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor & City Clerk On motion of Councilman Isbell, seconded by Councilman Greeley, authorized to sign con- the Mayor and City Clerk were authorized to sign the contract with tract with Sully Miller Sully Miller Contracting Co. for the resurfacing of Seashore Drive from 36th Street to 39th Street and from 61st Street to Summit Street by the following vote, to-wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. li I On motion of Councilman Robertson,seconded by Councilman Blue, Mayor & City Clerk author - the Mayor and City Clerk were authorized to sign the contract with ized to sign contract with Trautwein Bros. for the Balboa island sewer improvements by the following Tra.utwein Bros, vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell moved that all the checks be returned to the All checks to be returned unsuccessful bidders in the aforementioned three improvements. The to unsuccessful bidders. motion was seconded by Councilman Blue and Carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The request of Mr. Elton Hallett for reconsideration of his Appl'n of Elton Hallett application for a permit to rebuild his existing pier was tabled on for reconsideration of ' motion of Councilman Robertson after some discussion from the floor on his previous anpl'n to the part of Mr. Grainger Hyer, Mr. Ashton and Mr. Hallett. The motion rebuild his pier was table, was seconded by Councilman Isbell and carried. The application of the Newport Bay Investment Co. to construct a concrete bulkhead and seawall at lots 4, 5 and one -half of Lot.6, Block 9, Bay Front Tract, which application had been approved by the Harbor Commission, and also carried the written consent of adjoining property owners, Clara Florence McNally and J.B. McNally, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. Appl'n N'pt Bay Investment Co. to construct concrete bulkhead was granted. The application of the Bay Island Club, signed by Mr. J. S. ApplIn of Bay Island Club Whyte, Secretary, for permission to construct a pleasure pier and slip to construct Pleasure float on lots 1, 2, 3 and 4, Bay Island Tract, which application had pier and float approved. been approved by the Harbor Commission, was granted on motion of Council- man Greeley, seeord ed by Councilman Robertson and carried. The application of J. F. Carlisle to remove existing float and Appl'n J. F. Carlisle to construct ramp landing and slip float on Lot 27, Tract 902, which appli- remove existing float and cation had been approved by the Harbor Commission was approved on motion ramp was granted. of Councilman Greeley, seconded by Councilman Robertson, and carried. The application of A. W. Colby to construct a pleasure pier Appi'n A. W. Colby to and float on Lot 4 Block P East Bay Front Section and Lot 4, Block 25 construct pier and float Eastside Addition to Balboa, approved by the Harbor Commission, was was granted. granted on motion of Councilman Greeley, seconded by Councilman Robertson, and carried. The application of Mr. H. B. Lewis to construct a concrete Appl'n H. B. Lewis to seawall on all of lot 910 and one -half of lot 909, Tract 907, which construct concrete sea - application had been approved by the Harbor Commission, was granted on wall was granted. motion of Councilman Greeley, seconded by Councilman Blue, and carried. The Clerk stated that this was the time and place for hearing on protests to the annexation of certain properties adjacent to Corona Del Mar, and that no protests either oral or written have been received. Mr. B. Z. McKinney spoke from the floor stating that the petition was presented subject to the express desire of the petitioners not to.assume any bonded indebtedness of the City prior to annexation. City Attorney George Dennison then explained that it was understood that the City did not, as a condition precedent to approval of the petition for annexation, agree to any conditions therein expressed except such as are imposed upon the City by law, which latter provides that the annexed territory shall not be taxed for the City's indebtedness or liabilities heretofore existing or contracted for. Councilman Robertson moved that the annexation of the described property be approved with the understanding as expressed by the City Attorney. The motion was seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Hearing on annexation of certain properties adja- cent to Corona Del Mar (C.D.M. Highlands) no protests. (Crutcher Petition) Annexation of certain property adjacent to Corona Del Mar (C.D.M. Highlands, Crutcher Petition) was approved. Mayor Drake moved that the City Clerk be instructed to transmit City Clerk instructed to a resolution askiing the Soard -of Supervisors to give full consideration to ask Board of Supervisors locating the contemplated Class A Township Court in the City of Newport to locate Class "Aso Beach. The resolution follows: Township Court in Newport Beach. WHEREAS, there has come to the notice of the City Council of the City of Newport Beach, that it has been proposed that a Class "A" Justice's Court for the Township of Newport Beach be established; and WHEREAS, the City of Newport Beach is centrally located to serve as the place for holding the sessions of said proposed court and affords facilities making it convenient to persons having business with said court; and WHEREAS, this City Council desires to place on record an expression of the aforesaid premises, BE IT RESOLVED, that this City Council hereby declares its willing- ness to cooperate to the end that the proposed Class "A" Justice's Court of Newport Township be located within the City of Newport Beach ;-and _ BE IT FURTHER RESOLVED, that a copy of this Resolution be trans- mitted by the City Clerk to the Honorable Board of Supervisors of Orange County. Councilman Blue 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 City Engineer instructed On motion of Councilman Robertson, seconded by Councilman to prepare plans & speci- Greeley and carried, the City Engineer was instructed to prepare plans fications for extension and specifications for the extensions of "A" and "B" Streets. of "A °1 and "B" Streets. N1an.Com.Res.No.367 City Attorney Dennison brought up the matter of the tabled amending Ordinance NO. Resolution No. 367 of the City.Planning Commission in which they re- g25 denied. quested an amendment to Ordinance No. 525. Mayor Drake spoke opposing the discrimination in the proposed amendment. Councilman Isbell moved that the request of the Planning Commission be denied, which 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 Resolution No.3646, Councilman Isbell moved the adoption of a resolution being -Mary G,.Nelson quite a resolution authorizing the Mayor and City Clerk to execute on behalf _claim deed approved. of the City of Newport Beach the following quitclaim deed to the following person and covering the following described property: Mary G. Nelson Lot 9, Block 35, Re- subdivision of Corona Del Mar as shown on a ap recorded in Book 4, Page 67 of Miscellaneous Maps, records of Orange County, California. The motion was seconded by Councilman Robertson, Resolution No. 3646 awarded, and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None : esolution No. 3647 Councilman Isbell moved the adoption of a resolution being a uinifred J. Roberts & resolution authorizing the Mayor and City Clerk to execute on behalf of Sylvia Marie Johnson the City of Newport Beach the following quitclaim deed to the following quitclaim deed approved. persons and covering the following described property: Winifred J. Roberts Lots 142 and 143, Sub of Block A East Newport as Sylvia Marie Johnson- shown on a Map recorded in Book 4, Page 51 of Miscellaneous Maps, records of Orange County, California. The motion was seconded by Councilman Greeley, Resolution No. 3647 awarded, and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None wesolution No. 3645 Resolution No. 3645, being a Resolution canceling taxes on the canceling taxes on following described property: i,.nt 19, Tract 1026 approved. Lot 19 of Tract No. 1026, as per map thereof recorded in Book 33, at page 35, of Miscellaneous Maps, records of said Orange County, California; and as shown on a map of survey of record in Book 12 at page 35, of Record of Surveys, in the office of the County Recorder of said Orange County, being a resurvey of said Tract No. 1026, showing correction of bearings and distances. was approved on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 1 Attorney Dennison stated that Resolution No. 3634, approving the map in connection with the vacation and abandonment of Abalone Drive and Resolution No. 3634 -A, being the Resolution of Intention to Vacate Abalone Drive, did not contain a reservation for easement of public utilities. On motion of Councilman Isbell, seconded by Council- man Greeley, an amendment to the above resolutions, reserving easement of public utilities, was adopted 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 Resolution No. 649, being a resolution amending the Agreement with the American Cast ron Pipe Company, indicating the price quoted would be subject to adjust- ment to that prevailing and in effect at the time of shipment, and that .promise of delivery would be subject to delays beyond the control of the suppliers. Councilman Blue seconded the motion which was carried by the following vote, to -wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN ADJOURNMENT Greeley, Robertson, Blue, Isbell and Drake None None W Amendment to Resolution No. 3634 and No. 3634 -A, Abalone Drive vacation, regarding; easement of public utilities, adopted. Resolution No. 3649, being amendment to Agreement with American Cast Iron Pipe Co. adopted. On motion of Councilman Isbell, seconded by Councilman Robert- son and carried the meeting was adjourned sine die. ATTEST: ewpo