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HomeMy WebLinkAbout04/11/1949 - Regular MeetingApril 11, 19+9 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. 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 there- of read; no one responded and the reading of the minutes was dispensed with. On motion of Councilman Robertson, seconded by Councilman Blue, the monthly demands, which had been approved by the Finance Committee and signed by the Mayor and City Clerk, were approved by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Monthly Report•of Receipts and Disbursements and the Monthly Reports of the City Manager were presented by the City Clerk and ordered filed by the Mayor. SPECIAL COMMITTEES - None STANDING COMMITTEES - None COMMUNICATIONS Monthly Demands approved. Monthly Reports and Receipts and Disburse- ments filed. The extension of "A" and "B" Streets which was reported Work on extension of completed by the City Engineer was accepted on motion of Councilman "A" and "B" Streets Greeley, seconded by Councilman Robertson and carried by the following accepted. vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILME N: None ABSENT COUNCILMEN: None A letter from Kate McCann, Secretary of the Balboa Island Ordinance No. 593 Improvement Association suggesting that the amendment to Ordinance 525, defining two family being Ordinance No. 593, be referred to the Planning Commission for dwellings referred to public hearings was read, and on motion of Councilman Robertson, seconded planning commission by Councilman Blue and carried, the Ordinance was sent to the Planning for hearings. Commission. The City Manager stated that he had received the check in the Resolution No. 3681, amount of 0500.00 from 0. M. Campbell in final settlement of the lease terminating lease with on the 19th Street pier, and requested that the lease be terminated O.M.Cambell on 19th as of this date. The City Manager's request was authorized on motion Ot. pier adopted. of Councilman Isbelleconded by Councilman Greeley and carried by the following vote, ;o-wit: Resolution No. 3691 awarded termination t of the lease. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell :. NOES, COUNCILMEN- Drake ABSENT COUNCILMEN: None J A letter from Mr. James C. Fraizer protesting a rumored aban- Letter from J.C.Frai- donment of a portion of 36th Street was presented, and on motion of zer protesting rumored Councilman Isbell, seconded by Councilman Robertson and carried, the abandonment of 36th letter was tabled pending development, if any, of the petition for St. tabled. abandonment. The report of the City Manager and the Chief of Police on Darwin Win. Tate's z----- the application of Darwin William Tate to operate a "Skillo Quiz" game application for licen at the Balboa Pavilion was presented and Mr.- Tate spoke from the floor for "Skillo Quiz" game stating that in his opinion the game was legal and would not constitute at Balboa. Pavilion a nuisance. Herbert Kenney, President of the Balboa Improvement granted subject to Association and Attorney Frank Linnel,of Balboa, alsospoke in favor of forfeiture of license granting the application. Councilman Greeley suggested that the appli- fee if game proved cation be granted subject to the forfeiture by Mr. Tate of the illegal. $2,500.00- license fee posted if the game proved to be illegal. Council- man Isbell said that in his opinion the legallity of the game was 222 not as importalt as the question, whether or not, the City should "re- open" Balboa to such games. The license was granted subject to the forfeiture condition on motion of Councilman Greeley, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Blue and Drake NOES, COUNCILMEN: Robertson and Isbell ABSENT COUNCILMEN: None License appl'n of George The application of Alfred E. Salisbury for a license to The City Manager reported, as Secretary to the Joint Harbor I Parks to operate an ice- Committee, that it was believed that the application of George I: cream vending boat in the Park for a license to operate an ice -cream vending boat in the bay bay, denied. should be denied. On motion of Councilman Robertson, seconded by American Veterans for permission to conduct the D.A.V. Thrift Shop Councilman Greeley and carried, the application was denied by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None '-icense applln.Alfred E. The application of Alfred E. Salisbury for a license to Salisbury to operate a retail operate a retail trailer sales lot at 1515 Coast Hiway, Corona Del trailer sales lot at 1515 Mar was presented with letters protesting issuance of the license Coast Hiway, Corona Del ar from Roger Norwood, and Frank Harmon. On motion of Councilman Isbell, referred to Planning Com. seconded by Councilman Blue and carried, the application was referred to the Planning Commission. 11h icense appl'n Alfred H. The application of Alfred H. Smith, Jr. to operate a diesel Smith,Jr. for diesel fuel fuel barge in the harbor was approved subject to compliance with barge granted subject to Coast Guard regulations on motion of Councilman Isbell, seconded by Coast Guard regulations. Councilman Blue and carried. Application Jack Fisher The application of Jack Fisher, Chapter #23, Disabled for license to Conduct a American Veterans for permission to conduct the D.A.V. Thrift Shop Thrift Shop granted. collections in this City was approved on motion of Councilman Isbell, seconded by Councilman Greeley and carried. License Appl °n Dean G., Hall The application of Dean G. Hall and Bob Lee Hudson to and Bob Lee Hudson for food operate a clothing abd food business under the name of Surf Riders clothing at 912 Shore Ave. at 912 Shore Avenue, Corona Del Mar was presented by Councilman C.D.M., granted Isbell,seconded by Councilman Blue and carried, the application was granted. License appl'n H.M.Lewis and Doty M.Steel for motorized sea sleds referred to Joint Harbor Commission. License Appl °n C. B. Rubry for open air market on 600 block C.D.M. referred to Planning Commission. Second reading of ORDINANCE NO. 591, waived. ORDINANCE NO. 591, Cliff Haven School annexation, adopted. v� The application of Harry M. Lewis and Doty M. Steel to operate motorized sea sleds from the Balboa Pavilion was presented and upon motion of Councilman Greeley,:seconded by Councilman Robertson and carried, the application was referred to the Joint Harbor Commission after Mr. Wesley Smith of Balboa spoke from the floor terming such devices a menace to sail boats in the harbor. The application of Charles B. Rubry to operate an open air market on the 600 block of Coast Hiway, Corona Del Mar, was referred to the Planning Commission on motion of Councilman Robert- son, seconded by Councilman Greeley and carried. UNFINISHED BUSINESS Ordinance No. 591, being an ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABIT: TERRITORY CONTIGUOUS TO THE CITY OF NE14PORT BEACH LYING GENERALLY EASTERLY OF THAT PORTION OF THE CITY OF NE19PORT BEACH KNOWN AS THE FIRST ADDITION TO NEWPORT HEIGHTS AND CONTAINING APPROXI14ATELY 15.3 ACRES. there being no protest to the petition for annexation, the ordinance was presented for second reading. The reading of the Ordinance was waived on motion of Councilman Blue, 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 On motion of Councilman Isbell, seconded by Councilman Greeley, Ordinance No.. 591 was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS The Civil Aeronautics Administration presented for approval a supplement to Lease Contract 06ca -2213 covering City owned land on which the VHF Radio Range Station is a right of way for underground power station. Resolution No. 3650, being and City Clerk to execute the Supple of Councilman Robertson, seconded by the following vote, to -wit: located. The Supplement would cover and control cable to serve the a Resolution authorizing the Mayor nental Lease was adopted on motion Councilman Greeley and carried by AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 223 Resolution No. 3650, sup- plemental lease to V.H.F. adio Range Station, adopted. The City Manager explained that it was the intention of the Orange County Harbor Commission to pay for the ramp part of this construc- tion, and for the City to pay for the road leading to the ramp. The following Oaths of Office were approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. Oliver W. Aubrey, Special Officer Beach City Merchant Patrol Williat -L. Janus, Special Officer Beach City Merchant Patrol A petition bearing signatures representing 38 lots in the West Newport district requesting the placing of ornamental street lights and underground conduits was presented, and on motion of Councilman Robertson, seconded by Councilman Isbell, Resolution No. 3681, being a resolution instructing the City Engineer to include plans for the lighting system in the report which he is preparing on improvements in that district, was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN! None ABSENT COUNCILMEN: None City Attorney Dennison suggested consideration of authority to quitclaim an easement from the Citizens' National Trust & Savings Bank of Los Angeles for maintaining and operating a sanitary sewer -_pipe line in a parcel of land in Block D in Corona Del Mar, more particularly described in Resolution No. 2715. Resolution No. 3682, being a resolution cancelling the above mentioned easement was adopted on motion of Council- man Isbell, seconded by Councilman Robertson and carried by the following tote, to -wit: Oaths of Office a_no_roved.. Oliver W. Aubrey Wm. L. Janus, both as Special Officers. Petition from West Np't district requesting strec lighting referred to City Engineer Resolution No. 3652, cancelling easement from the Cit.Nat.Bank of L.A. adopted. AYES, COUNCILMEN: Greeley, Robertson, Blue,,Isbell and Drake Supplemental Budget Request No. 9, asking authorization to Supplemental Budget Re- ABSENT COUNCILMEN: None expend $500.00 for beach signs designating fire areas on the Ocean Front quest No. 9 for signs The City Attorney then suggested consideration of- Resolution was presented by the City Manager and granted on motion of Councilman No. 3653, being a resolution accepting an easement on the above mentioned designating beach fire property, more particularly described therein, an easement for utilities Blue, seconded by Councilman Greeley and carried by the following vote, areas on Ocean Front Councilman Greeley, the resolution accepting the new easement was adopted to -wit: by the following vote, to -wit: approved. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake ABSENT COUNCILMEN: None NOES, COUNCILMEN: None The application of James Padden to replace anchor piles and Appl °n James Padden move a float inside the pierhead line of Lot 17, Block 5, Balboa Island, ABSENT COUNCILMEN: None having been approved by the Joint Harbor Committee was granted on motion and move float, approved of Councilman Greeley, seconded by Councilman Robertson and carried. Supplemental Budget Request No. 8, asking authorization -ramp to Carnation Beach from for Bayside v Sup.Budget Request No. 8 to construct roadway and $1,200.00 to construct a roadway and Drive to enable the launching of small boats was presented by the City ramp to Carnation Beach Manager and granted on motion of Councilman Robertson, seconded by from Bayyside Drive Councilman Greeley and carried by the following vote, to -wit: approved. AYES, COUNCILMEN: Greeley, Robertson, Blue, and Drake NOES, COUNCILMEN: Isbell ABSENT COUNCILMEN: None The City Manager explained that it was the intention of the Orange County Harbor Commission to pay for the ramp part of this construc- tion, and for the City to pay for the road leading to the ramp. The following Oaths of Office were approved on motion of Councilman Robertson, seconded by Councilman Greeley and carried. Oliver W. Aubrey, Special Officer Beach City Merchant Patrol Williat -L. Janus, Special Officer Beach City Merchant Patrol A petition bearing signatures representing 38 lots in the West Newport district requesting the placing of ornamental street lights and underground conduits was presented, and on motion of Councilman Robertson, seconded by Councilman Isbell, Resolution No. 3681, being a resolution instructing the City Engineer to include plans for the lighting system in the report which he is preparing on improvements in that district, was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN! None ABSENT COUNCILMEN: None City Attorney Dennison suggested consideration of authority to quitclaim an easement from the Citizens' National Trust & Savings Bank of Los Angeles for maintaining and operating a sanitary sewer -_pipe line in a parcel of land in Block D in Corona Del Mar, more particularly described in Resolution No. 2715. Resolution No. 3682, being a resolution cancelling the above mentioned easement was adopted on motion of Council- man Isbell, seconded by Councilman Robertson and carried by the following tote, to -wit: Oaths of Office a_no_roved.. Oliver W. Aubrey Wm. L. Janus, both as Special Officers. Petition from West Np't district requesting strec lighting referred to City Engineer Resolution No. 3652, cancelling easement from the Cit.Nat.Bank of L.A. adopted. AYES, COUNCILMEN: Greeley, Robertson, Blue,,Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney then suggested consideration of- Resolution Resolution No. 3653, No. 3653, being a resolution accepting an easement on the above mentioned aecepting an easement property, more particularly described therein, an easement for utilities in Block D,C.D.M. and road way purposes. On motion of Councilman Isbell, seconded by Councilman Greeley, the resolution accepting the new easement was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of James Padden to replace anchor piles and Appl °n James Padden move a float inside the pierhead line of Lot 17, Block 5, Balboa Island, to replace anchor piles having been approved by the Joint Harbor Committee was granted on motion and move float, approved of Councilman Greeley, seconded by Councilman Robertson and carried. The application of LeEl is C. Mock and George P. Sheppard to construct a , 9oint ownership pier and slip float on Lots 20 and 21, Block 13, Section 1}, Balboa Island, which had been disapproved by the Harbor Committee, was presented, and on motion of Councilman Greeley, seconded by Councilman Blue and carried, the Council concurred with the Harbor Committee in denying the application. Appl'n Leslie C. Mock & G. P. Sheppard to con- struct pier & float on Balboa Island, denied. 24 .Appl!n of A.D.Callahan The application of A. D. Callahan to construct a pier and to construct a pier and float, Lot 28, Tract 742, Balboa Island, having been approved by.the float Lot 28,Tract 742, Harbor Committee, was approved on motion of Councilman Greeley, Balboa Island, approved. seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell. NOES, COUNCILMEN: Drake ABSENT COUNCILMEN: None Appl'n A. W. Lewis to con- The application of Mr. A. W. Lewis for permission to construct struct a finger slip on a finger slip on Lot 326, Tract.907, Lido Isle, was approved subject Lot 326, Tract 907 approved. to War Department approval, and on motion of Councilman Greeley, seconded by Councilman Blue, was carried. Appl °n E. J. Gaspard to The application of Dr. E. J. Gaspard to construct a seawall construct a seawall Lot 2, at Lot 2, Block 441, Canal Section, was approved on motion of Council - Block 441,Canal Section man Greeley, seconded by Councilman Robertson and carried. approved. The City Attorney suggested consideration of an Agreement Resolution No.3684,agree- between the City and the Joint Outfall Sewer Board for proportionate ment between City and Joint payment of cost in the treatment of sewerage. Resolution No. 3684, Outfall Bd. for proportion- .being a resolution authorizing the agreement was adopted on motion of ate cost of sewerage treat- Councilman Blue, seconded by Councilman Greeley and carried by the ment adopted. following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City Attorney & City Manager The City Attorney called the attention of the Council and the authorized to take neces- City Manager to the hazardous condition of the Barnum property recently sary steps to remove Barnum destroyed by fire, in Corona Del Mar. Mr. Alfred Salisbury spoke from house in G.D.M. which had the floor stating that the children from the Corona Del Mar School been badly burned. across the street were playing in the debris. On motion of Councilman Robertson, seconded by Councilman Greeley, a resolution authorizing the City Manager and the City Attorney to take such steps as may be necessary to abate this menace to public health and aafety, was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ORDINANCE NO. 594 designating City Attorney Dennison suggested consideration of Ordinance East and West Balboa Blvd. No. 594,being an ordinance establishing that portion East of Island passed to second reading. Avenue on Balboa Blvd. as East Balboa Boulevard and that portion west of Island Avenue on Balboa Boulevard as West Balboa Boulevard. On motion of Councilman Robertson, seconded by Councilman Blue, the reading of Ordinance No.594 was waived by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley seconded by Councilman Robert- son, Ordinance No. 594.was passed to second reading by the following vote, to -wit: AYES.COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None RESOLUTION NO. 3687 consent- Resolution No. 3687, being a resolution consenting to the ing assignment of leas(& of assignment of lease of the premfises at 1010 Shore Avenue, Corona Del Mar, 1010 Shore Ave. C.D.M. from by Ernest S. Hutchins and Betty J. Hutchins to Wm. Caldwell and Beulah the Hutchins to Wm.Caldwell Holcomb was adopted on motion of Councilman Greeley, seconded by Councilman and Beulah Holcomb adopted. Robertson and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ADJOURNMENT Robertson, Blue, Isbell and Drake On motion of Councilman Isbell, seconded by Councilman Blue and carried the meeting was adjourned gine Die. ATTEST: eCit— .y oflde L JI