HomeMy WebLinkAbout05/09/1949 - Regular MeetingMay 9, 1949
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.
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 read, or any part
thereof: no one responded and the reading of the minutes was dispensed
ratith.
On motion of Councilman Isbell, seconded by Councilman Blue, the Monthly Demands and Monthly
monthly demands, having been approved by the Finance Committee and signed Report of Receipts and
by the Mayor and City Clerk, and the Monthly Report of Receipts and Dis- Disbursements ordered filed
bursements were approved and ordered filed by the following vote, to-:-wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
REPORT OF THE CITY 14ANAGER - None
On motion of Councilman Blue, seconded by Councilman Robertson Regular Order of Business
and carried, the regular order of business was changed for the purpose waived,
of opening bids on the improvement of 32nd Street.
The Clerk announced that this being the time and place for the Opening of Bids on 32nd St.
opening of bids for the work to be done on 32nd Street, between Villa Improvement between Villa
Way and Lafayette Avenue; to be paved with plant mixed surfacing and Way & Lafayette St. Bids
P.C.C. curbs and gutters to be constructed. Bids were received from the referred to City Engineer
following companies for the following total amounts: for checking.
Griffith Company - - - - - - - - $6,4 2.50
Cox Brothers Construction Co. - - 6,24.25
- - - - -
Sully- Miller Contracting Co. - - 6,315.25
John J. Swigart Company - - - - - - - - - - 6,379.10
On motion of Councilman Isbell, seconded by Councilman Robertson and
carried the bids were referred to the City Engineer for checking.
On motion of Councilman Robertson, seconded by Councilman Isbell Regular order of business
and carried, the regular order of business was resumed. I resumed.
REPORTS OF SPECIAL COMMITTEES
The report of the Committee on the developr}ent of Ocean Boulevard Report of Committee on
(Ocean Boulevard Access Road) was read. Acess Road.
The Committee consisted of the following members:
Walter Longmoor,
D. K. Blue
0. Z. Robertson
C. K. Rudd
Charles K. Fipps
The report follows
111. No. 1 PROJECT
Chairman Rex Brandt
Robert Lynn
R. C. Burt
J. B. Webb
George S..Dennison
Property involved; and referred to herein as "District A ", as shown
on attached map marked Exhibit A and briefly described as follows:
That property lying between the -8outherly prolongation of the
common lot line of lots 4 and 5, Block 139 Resubdivision of
Corona Del Mar and the southerly prolongation of the common
lot line of lots 3 and 4 Block 143 of Resubdivision of Corona
Del Mar and line southerly of the alleys northerly of Ocean
Blvd. and Ocean Blvd. And also that property in Tract 1026 and
Tract 1257 lying southerly of Ocean Blvd. between 'the above
mentioned east and west limits.
A. That the south side and unpaved portion of Ocean Blvd. within'
"District A" be used to construct a street at a lower level than the
present paved portion of Ocean Blvd. The design and plan of construction
is shown on the attached map marked " Exhibit B ".
Access Road, Project No. 1
2D 32
Access Road Project No.2
ccess Road Project No. 3,
Access Road Project No.4
B. It is stipulated that the lower street level, fronting the,
private property involved, shall be 25 feet below the present level
of the paved portion of Ocean Blvd.
C. As a part of this plan, the zoning ordinance
buildings constructed on private property adjacent to
of the lower street shall be limited in height to two
to exceed twenty -five (25) feet in overall height and
on the lower street to project in height above the pri
paved portion of Ocean Blvd.
be amended whereby
southerly boundary
(2) stories and not
no building facing
asent level of the
D. And as a further part of this plan, the zoning ordinance to be
amended whereby the present ten (10) foot setback from Ocean Blvd. for '
residential buildings be removed thus permitting residential buildings in
"District All to be constructed up to the property line adjacent to the
lower level street.
E. Preliminary estimates upplied the committee indicate that it will
cost approximately $41,000.00 to construct this project exclusive of sewer
and water installations. Detail of these estimated costs are attached
hereto and marked "Exhibit C ". The 6ommittee has been informed that if
this plan and cost is agreeable to the property owners, the cost is to ,
be paid by the property owners as indicated on Exhibit C. It is with
this understanding that the above recommendations are submitted.
F. Two plans of engineering the embankment between the present level
of Ocean Blvd. and the lower street were presented. It is the consensus
of the Committee that the City Engineer should be authorized to give
further study to this problem. Also check the estimates of cost of this
project and submit them to you.
Committee members voted on the above recommendation as follows:
Yes - Rudd, Brandt, Burt, Fipps, Robertson, Longmoor
No - Lynn.
2. No. 2 PROJECT
Property involved and referred to herein as "District B":
That portion of Tract 1026 not included in No. 1 Project in District
A as shown on attached map Exhibit A.
This project was submitted to the Committee by Mr. George Penny and
it is as follows: That the property facing Ocean Blvd. in Tract 1026 in ,
"District B" is willing to be bound by the same height limit restrictions
for residential buildings as propsed in No. 1 Project in consideration of
said properties to be rezoned from R -1 to R -2.
This project to be considered only if No. 1 Project is carried out
to completion.
The Committee recommends this project favorably by the followin vote:
Yes - Brandt ,'Burt, Fipps and Longmoor
No - Lynn
No Vote - Rudd
Absent - Robertson.
3. No. 3 PROJECT
Property involved and referred to as "District C";
Block A -34 as shown on attached map marked Exhibit A.
Mr. Lynn submitted this project to the 6ommittee for its consideration.
After some discussion the Committee makes the following recommendation:
"Request of the City of Newport Beach to explore the appropriate '
proceedure to acquire Block A -34 for recreation purposes."
Committee Vote:
Yes - Rudd, Lynn, Brandt, Burt, Fipps, Longmoor
No - None
Absent - Robertson
4. No. 4 PROJECT '
Property involved:
Block 131, Corona Del Mar.
Mr. Lynn submitted this project to the Committee for its considera-
tion. Because of the fact that this block, zoned R -1, is surrounded by
R -2 and R -3 zoning, Mr. Lynn asked that Block 131 be rezoned R -3.
The 6ommittee felt that because this problem had no bearing on the
above projects, the property owners in Block 131 should make application
for zone change if all the property owners in the block desire so to do.
No formal action was taken by the Committee on this project."
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' On motion of Councilman Isbell, seconded by Councilman Greeley and Access Road Committee
carried, the report was accepted and referred to the City Engineer for esti- report accepted and
mates and a report as to cost. referred to City Engineer
for estimate of costs.
REPORTS OF STANDING COMMITTEES None
' COMMUNICATIONS
A petition was presented from Robert B. Lynn on hehalf of six pro-
perty owners in Block 131, Corona Del Mur, requesting uniform zoning of
R -3 for the block. On motion of Councilman Robertson -, seconded by Council-
man Greeley and carried the petition was referred to the Blanning Commission.
On motion of Councilman Robertson, seconded by Councilman Greeley
and carried the regular order of business was waived in order to hear the
Engineers report on the bids.
Petition for rezoning of
Block 131, C.D.M. refer ,
to Planning Com<
Regular order of business
waived.
On motion of Councilman Robertson, seconded by Councilman Regular order of
Greeley and carried, the regular order of business was resumed. business resumed.
A petition was presented from five residents of Smeltzer Avenue
in the vicinity of Cliff Drive requesting that the name of that section
of Smeltzer Avenue be changed to La Jolla Drive. On motion of Councilman
Isbell, seconded by Councilman Blue, the City Attorney was instructed to
draft an ordinance changing the name of that section of Smeltzer Avenue,
as requested, by the following vote, to -wit:
Petition requesting
change of name of certain
section of Smeltzer Ave.
to La Jolla Dr. referred
to City Attorney to draft
an ordinance,
The City Engineer reported that Cox Brothers Construction Co. had
Bid awarded to Cox Bros.
submitted the lowest regular bid for the improvement of 32nd Street. On
Construction 6o.,low
motion of Councilman RobertsomI seconded by Councilman Blue, the bid was
bidder.
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awarded to Cox Brothers Construction Co., by the following vote, to -wit:
Petition protesting con -
tinuance of lease of
AYES, COUNCILMEN: Greeley, Blue, Robertson, Isbell and Drake
Npt,Bch.Pier with George
NOES, COUNCILMEN: None
Hiner referred to City
ABSENT COUNCILMEN: None
Manager.
On motion of Councilman Robertson; seconded by Councilman Greeley,
RESOLUTION No. 3691,
Resolution No. 3691 being a resolution authorizing the Mayor and City Clerk
awarding bid to Cox Bros.
'
to sign the'contract with Cox Brothers Construction Co. for the improvement
of 32nd Street,and to return the checks to the unsuccessful bieders by the
adopted.
following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
& auditing for year endi =;
NOES, COUNCILMEN: None
June 30, 1950-
ABSENT COUNCILMEN: None
On motion of Councilman Robertson, seconded by Councilman Regular order of
Greeley and carried, the regular order of business was resumed. business resumed.
A petition was presented from five residents of Smeltzer Avenue
in the vicinity of Cliff Drive requesting that the name of that section
of Smeltzer Avenue be changed to La Jolla Drive. On motion of Councilman
Isbell, seconded by Councilman Blue, the City Attorney was instructed to
draft an ordinance changing the name of that section of Smeltzer Avenue,
as requested, by the following vote, to -wit:
Petition requesting
change of name of certain
section of Smeltzer Ave.
to La Jolla Dr. referred
to City Attorney to draft
an ordinance,
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
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A petition signed by forty -seven taxpayers, residents and opera-
businesses in the vicinity of the Newport Beach Pier, protesting the
Petition protesting con -
tinuance of lease of
tors of
continuance of the existing lease between the City of Newport Beach and
Npt,Bch.Pier with George
George Hirier-, and citing objections to the continuance of the lease was
Hiner referred to City
presented, and on motion of Councilman Robertson, seconded by Councilman
Manager.
Isbell and carried, the petition was referred to the City Manager for in-
vestigation and report
'
The estimate of Diehl & Co. proposing the installation of a
of the accounts of the City for the year
Diehl & Co. employed to
instal system of accounts
system of accounts and auditing
ending mine 30th, 1950, for the sum of $1,400.00rwas read, and on motion
& auditing for year endi =;
of Councilman Robertson, seconded by Councilman Blue, Diehl & Co. were
June 30, 1950-
employed by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue-, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None ,
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License appl'n W.V.Caldwell The license application of William V. Caldwell and Beulah
& Beulah Holcomb for snow- Holcomb for a.snow cone and pronto pup stand at 1010 Shore Avenue,
cone and pronto pup stand Corona Del Mar, having been approved by the Health Officer, was grated
at 1010 Shore AVe.,C.D.M, on motion of Councilman Isbell, seconded by Councilman Robertson and
approved.. carried.
License appl'n of K.H.Kelly The license application of Keith H. Kelly for a cafe at
for cafe at 8614 Newport 2614 Newport Boulevard, having been approved by the County Health
Blvd. approved. Officer was granted on motion of-Councilman Isbell, seconded by
Councilman Blue and carried.
License appl'n Mrs. R.C. The license application of Mrs. Robert C. Thomas for a cafe
Thomas for cafe at 608 at 608 Coast Hiway, Newport Beach, having been approved by the County
Coast Hiway,Npt. Bch. Health Officer, was granted on motion of Councilman Greeley, seconded
approved. by Councilman Robertson and carried.
License appl °n L.L.Mor -an The license application of L. L. Morgan for the Lido Park
for Lido Park Cafe approved.Cafe on Lido Peninsula, having been approved by the County Health
Officer, was granted on motion of Councilman Blue, seconded by Council-
man Greeley and carried.
License appV n I.M.Baldwin The license application of Irwin M. Baldwin to operate the
to operate Balboa Circle Balboa Circle Taxi Cc. at 602 East Balboa Blvd. was referred to the
Taxi Co. referred to Police Police Department on motion of Councilman Isbell, seconded by Councilman
Department. Blue, and carried.
License appl °n R.P..Wright The license application of Raymond P. Wright, to operate a
o operate merchandise merchandise wheel at 1112 Main Street Balboa, being outside the zone
=,eel at 1112 Mains St., established for such devises by City ordinance, was denied on motion
Balboa, denied. of Councilman Robertson, seconded by Councilman Blue and carried.
3isabled Vet °s Exempt Disabled Veteran's Exempt License application of Robert
ice4se granted Robert Miller was presented with certification from Dr. Gerald Rausa that
I1:iller. the applicant was a disabled veteran unable to do manual labor, and
upon motion of Councilman Isbell, seconded by Councilman Robertson and
carried, the application was approved.
:onditional license Chief of Police R. R. Hodgkinson reported on the application
,ranted George R. Prose to of George R. Prose to operate a Beano -Quiz game at 109 21st Place,
operate Beano -Quiz game at liewpert Beach, and on the express stipulation, agreed to by Mr. Prose,
109 21st Place, Npt.Bch. that no liquor would be sold in the game room, or passed into the
game room, and that direct acess into the game room will not be available
from the bar, the license was granted on motion of Councilman Blue,
seconded by Councilman Isbell, and carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Blue, Isbell and Drake
NOES, COUNCILMEN: Robertson
ABSENT COUNCILMEN: None
Hearing on portion of M IN THE MATTER OF THE PROPOSED IMPROVEMENT OF A PORTION OF M STREET
Street improvements and AND CERTAIN ALLEYS IN EAST SIDE ADDITION TO BALBOA TRACT, AND
certain Balboa alleys TRACTS NOS. 518, 948 AND 1090, SHOWN IN THE WRITTEN REPORT OF THE
improvements. CITY ENGINEER OF THE CITY OF NEWPORT BEACH, FILED MARCH 28, 1949•
HEARING ON PROTESTS UNDER THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931 ", DIVISION IV OF THE STREETS AND HIGHWYAS CODE.
The 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 Engineer of the City of Newport Beach, for the proposed improvement
of "M" Street and certain alleys in the East Side Addition to Balboa
Tract, and Tracts Nos. 515, 948 and 1090, and approved by the City Coun-
cil of the said City on March 28, 1949, in accordance with the provisions,
of the "Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 ", of the Streets and Highways Code, to -wit:
Monday, the 9th of May, 1949, 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 7th day of April, 1949, 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 2851,
2852 and 2853 of the said Code, and that an affidavit in proof of said
mailing is now 6n 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 said City, 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 whether any written protests or objections to
the doing of the things proposed in said written report had been filed with him
in said mentioned matter. The Clerk reported that nine written protests had been
filed with him prior to the time set for the hearing, by the following persons:
Ruth S. Jones, Robert B. Best
Mr. and Mrs. Sascha Jacobson Ford Sammis
Wallis Clark Anna A. Lounsbery
W. H. Miln Mrs. J. Kirk Ott
Verne Orr
and
each and every protest
so filed was
then read,
reference being hereby made
'
to
the written protests on
file with the
Clerk for
any and all details.
The Mayor then inquired if any persong 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 :,could now be heard.
The following persons protested verbally from the floor:
' Dr. J. Perch
Dr. Stahler
Frank Lanterman
Mrs. Pheatt
Harvey Summers
Mrs. Nesbitt
E. L. Glober
Mrs. Dickens
Mrs. Lounsbery
Leo McGavern
Mr. Stoneback
Mrs. S. T. Allen
Mr. Lyon
Mrs. George Bends.
Each addressed the City Council on the matter of said written report and the
doing of the things proposed in the said written report and propounded many
questions as to the amounts of various estimated assessments upon the individual
parcels of land.
After a full and thorough hearing had been had in said matter and
an opportunity having been given to my and all persons desiring to be heard
or to make objections to the things proposed to be done, and after having con-
sidered the written report filed by the Engineer in said matter, the City
Council deemed it advisable that a recess be taken for the purpose of checking
the protests.
Thereupon the following motion was made by Councilman Robertson,
that all written protests be referred to the Engineer for checking and
report, and that further consideration of said matter be taken up later
at this meeting. Said motion was duly 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
Ordinance No. 594, being ORDINANCE NO. 594
Uniform Building Code,
AN ORDINANCE ADOPTING A UNIFORM BUILDING CODE, 1949 EDITION 1949 Edition, adopted.
was read, and adopted 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 61ty Clerk then presented Resolution No. 393 of the Planning
Commission, being a resolution denying a setback variance of five feet for
Lot 4," Block 2, Tract 626, to Dr. Leo James Grold.
Ordinance No. 595, being
ORDINANCE N0, 595,
License Ordinance,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH LICENSING THE TRANSACTION AND
second reading waived.
CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS,' CALLINGS AND
OCCUPATIONS IN THE CITY OF NE19PORT BEACH, FOR THE PURPOSE OF RAISING
MUNICIPAL REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
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was presented for second reading, and after a resume of the ordinance had
been given by the City Clerk, the reading of the Ordinance was waived 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
'
On motion of Councilman Blue, seconded by Councilman Greeley,
ORDINANCE N0. ,
Ordinance No. 595 was adopted by the following vote, to -wit:
License Ordinance
adopted.
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The 61ty Clerk then presented Resolution No. 393 of the Planning
Commission, being a resolution denying a setback variance of five feet for
Lot 4," Block 2, Tract 626, to Dr. Leo James Grold.
23 36
P1an,Com,Res, No. 383, Speaking from the floor in favor of granting the setback
Dr. L. J. Grold's setback variance wer Mrs. Grold, Attorney George Tobias, and Mrs. Marguerite
variance denied. Griesser. Speaking from the floor against granting the variance
were Mr. Redington, Louis Briggs and Mr. Shirer. On motion of Council -
man Greeley, seconded by Councilman Blue, the City Council concurred
with the Planning Commission in denying the variance by the following
vote, to -wit:
AYES, COUNCILMEN: Greeley, Blue and Drake
NOES, COUNCILMEN: Robertson and Isbell
ABSENT COUNCILMEN: None
NEW BUSINESS
ORDINANCE N0. 596, requiring Ordinance No. 596, being,
covering of sumps, wells, pits,
caves etc. passed to second AN ORDINANCE REQUIRING COVERING AND PROTECTION OF SUMPS,
reading. WELLS, CISTERNS, PITS, CAVES AND OTHER EXCAVATIONS.
was presented for first reading, and read, and upon motion of.Council-
man Robertson, seconded by Councilman Greeley, 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
ORDINANCE NO. 596 On motion of Councilman Robertson, seconded by Councilman
declared emergency ordi- Greeley, Ordinance No. 596 was declared an emergency ordinance. The
nance. motion was carried by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
City Engineer reported The City Engineer reported upon the written and oral protests
upon written and oral heretofore at this meeting presented to the City Council, kh ich said
protests to improvement report disclosed the following:
of portion of M St. and
certain alleys in East The total area of the proposed
Side Addition to Balboa assessment district, exclusive
tract. of streets and alleys is, 1,709,210 Square Feet
The total area represented by
written protests filed with the Clerk
up to the time set for hearing - is 26,900
The total area represented by said
protest is equal to 2.74 per cent
of the total area of the proposed
assessment district.
The total area represented by
WHZn..AS, the City Council of tiie City of Newport Beach, California,
did on the 28th day of March 1949 prusuant to: statute, approve the written
report prepared bnd filed by the ingineer of said City, in accordance with
the provisions of the certain Act of the Legislature of the State of
California, known as the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 ", Division IV of the Streets_ and High-
ways Code, and did on said date fix Monday, the 9th day of May, 1949, at
the hour of eight o'clock P.M. as the day and hour, and the Council
Chamber of the City Council of said City as the place of hearing on such
report; and
WHEREAS, the City nlerk of said City, thereafter deposited
or caused to be deposited in the United States mail at Newport Beach,
with postage prepaid, a Notice of the time and place of hearing upon
said report, all in the -time, manner and.form required by said Code;
l
oral protests presented to the City
Council at the hearing - is 104,870 "
The total area represented by
oral protests is equal to 6.14
percent of the total area of
said proposed assessment district.
Resolution finding the
After some discussion by members of the City Council and consider -
protests less than 50% of
ing the report of the Engineer with respect to the percentages represented
the total area, aggregate
by the several protests, Councilman Greeley offered and moved the adoption
assessment less than 50%
of the following resolution, which motion was seconded by Councilman Blue
of the true value of the
and carried by the following roll call, as shown in said resolution
land adopted.
IN THE MATTER OF THE PROPOSED IMPROVE14ENT OF A PORTION OF
"M" STREET AND CERTAIN ALLEYS IN EAST SIDE ADDITION TO BALBOA
TRACT, AND TRACTS NOS- 518, 948 and 1090, AS SHOWN IN THE
WRITTEN REPORT OF THE CTY ENGINEER OF THE SAID CITY OF
NEWPORT BEACH, FILED MARCH 28, 1949•
WHZn..AS, the City Council of tiie City of Newport Beach, California,
did on the 28th day of March 1949 prusuant to: statute, approve the written
report prepared bnd filed by the ingineer of said City, in accordance with
the provisions of the certain Act of the Legislature of the State of
California, known as the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 ", Division IV of the Streets_ and High-
ways Code, and did on said date fix Monday, the 9th day of May, 1949, at
the hour of eight o'clock P.M. as the day and hour, and the Council
Chamber of the City Council of said City as the place of hearing on such
report; and
WHEREAS, the City nlerk of said City, thereafter deposited
or caused to be deposited in the United States mail at Newport Beach,
with postage prepaid, a Notice of the time and place of hearing upon
said report, all in the -time, manner and.form required by said Code;
l
NOW THEREFORE, BE IT RESOLVED: That the City Council of the
City of Newport Beach, California, hereby finds and det °rnines as
follows:
(1) That protest in writing have not been filed by the
owners (as defined in the ° mprovement Act of 191111) of the majority
of the area of the lands to be assessed within the proposed assessment
district, as said district is defined in said written report.
(2) That the aggregate special assessment liability on the
lands, proposed to be assessed for such improvement, as such estimated
liability is ;shown in said preliminary written report, will not exceed
' fifty percent (50%) of the true value of said lands to be assessed.
(3) That the estimated proposed assessment to be levied for
the proposed improvement against certain parcels proposed to be assessed
therefor, will not exceed fifty percent of the true value of such par-
cels, as shown in said written report.
AND BE IT FURTHER RESOLVED: That the said City Council hereby
finds and determines that the proposed improvement is feasible and that
' the lands proposed to be assessed to pay the costs and expenses thereof,
in the opinion of the said City Council, are able to carry the burden
of such proposed assessment.
I HEREBY CERTIFY THAT the foregoing resolution was adopted
by the City Council of the City of Newport Beach, California, at a
regular meetirg thereof, held on the 9th day of May, 1949, by the follow-
ing vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Mr. Monroe suggested that in view of the requests that had
been received for the paving of certain alleys only within the twenty
foot width of the present alley curb, he would prepare the necessary
proceedings to cover these and other requested changes and present them
at the next meeting of the City Council. On motion of Councilman Isbell
seconded by Councilman Blue and carried, further proceedings were tabled.
237
Mr. Monroe to prepare
necessary proceedings for
requested changes.
Planning Commission Resolution No. 387, being a Resolution Plan.Corg<Res,No.397, reaom-
recommending delay in the final decision upon the application of the mending delay in final
Ebel Club of Newport Beach for an addition to its club house, was decision of Ebel➢ Club appli-
presented, and after some discussion from the floor was tabled upon cation to enlarge clubhouse
motion of Councilman Robertson, seconded by Councilman Blue and carried. was tabled,
The Oath of Office of Orvel T. Maynard, as a special officer Oath of Office of Orvel T.
of the Balboa Bay. Club, was approved upon motion of Councilman Isbell, Maynard approved.
seconded by.Councilman Blue and carried.
Resolution No. 3689, being a resolution approving a map show - RESOLUTIOV N0. 3689, map
ing part of 32nd Street in the City of Newport Beach proposed to be showing portion 32nd St, to
vacated, closed up and abandoned was presented, and on motion of Council -be vacated and abandoned
man Blue, seconded by Councilman Isbell, proceedings which had been adopted.
instituted under Resolution No. 3670 -A and 3671 -A were withdrawn and
Resolution No. 3689 was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: More
ABSENT COUNCILMEN: None
Resolution No, 3690, being a
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP, VACATION
AND ABANDONMENT OF A PART OF 32nd STREET IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA.
was presented and upon motion of Councilman Robertson, seconded by
Councilman Greeley, was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
A BSENT COUNCILMEN: None
Resolution of Intention 3699,
vacation and abandonment of
portion 32nd St. adopted.
The City Engineer then presented plans and specifications for Plans and specifications for
the improvement of Bay Avenue from "A" Street to Main Street, curbs and improvement of Bay Ave, from
gutters to be constructed and paved with plant -mixed surfacing. On mo- "A" Street to Main Street
tion of Councilman Robertson, seconded by Councilman Greeley, the plans approved,
and specifications were approved by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Uniform Wage Scale
adopted.
City Clerk authorized
to advertise for bids
On motion of Councilman Robertson, seconded by Councilman
Greeley, the Uniform Wage Scale was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Robertson, seconded by Councilman
Greeley and carried, the City Clerk was authorized to advertise for
bids for the above improvement at the next regular meeting, May 23,
1949, by the following vote, to -wit:
- AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Appl'n Irvine Co. to con- The application of the Irvine Company to construct a groin
struct a groin along along the northerly State Highway right of way line in the westerly
northerly State Hiway side of Newport Bay, having been approved by the Harbor Commission,
right of way line was granted on motion of Councilman Greeley, seconded by Councilman
approved. Robertson and carried.
ppl °n Lido Isle Com.Asso. The application of the Lido Isle Community Association to
o extend existing pier extend an existing pier and float at Lot "C ", Tract 907, Lido Isle,
got "C" approved. having been approved by the Harbor Commission, was granted on motion
of Councilman Greeley, seconded by Councilman Robertson and carried.
appl'n B.W. Robinson for The application of B. W. Robinson, 304 Rivo Alto, Newport
float Lot 5 Block 236, Beach, to construct a float and ramp subject to War Department approval
Canal Sec. approved. at Lot 5, Block 236, Canal Section, having been approved by the harbor
Commission was granted on motion of Councilman Greeley, seconded by
Councilman Robertson and carried.
Aonl'n A.P.Hall & 0. A. The application of Mr. A. P. Hall and Dr. 0. A. Dietrich
Dietrich for float lots for a joint float and anchor piles between existing floats, Lots 10,
10 & 11 Block 4,Tract 626, and 11, Block 4, Tract 626, having been approved by the Harbor
granted. Committee, was granted on motion of Councilman Greeley, seconded
by Councilman Robertson and carried.
Appl'n Neill Davis for The application of Mr. Neill Davis to construct a concrete
)ulkhead at lot 900 Tract bulkhead at the bulkhead line on Lot 900 Tract 907 having been approved
;07 granted. by the Harbor Commission was granted on motion of Councilman Greeley,
seconded by Councilman Robertson and carried.
-jerk to write Mrs. Mrs. Marguerite Griesser-, Corona Del Mar, requested explanation
=riesser re sewer connec- of the City's policy on sewer connections, and the City Clerk was in-
tions. structed by the Mayor to communicate with her by letter.
Appl'n G. W. Lee for float The application of Gaylor W. Lee to install a twenty -five
!t 510 S.Bay Front, Balboa foot float at 510 South Bay Front, Balboa Island, having been disapproved
sland tabled. by the Harbor Commission,'was tabled until the next meeting after a
letter from Mr. Lee requesting a delay was read, bn motion of Councilman
Robertson, seconded by Councilman Greeley and carried.
ADJOURNMENT
On motion of Councilman Robertson, seconded by Councilman
Greeley and carried the meeting was adjourned Sine Die.
r o
ATTEST:
'e, k, 6
Jerk of the City of Newport Beach
i