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HomeMy WebLinkAbout05/23/1949 - Regular MeetingMay 23, 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 0Iclock. 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 ' with. On motion of Councilman Robertson, seconded by Councilmen Greeley, certain Demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk 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 On motion of Councilman Blue, seconded by Councilman Robertson and carried, the regular order of business was dispensed with in order that the bids for the improvement of Bay Avenue from "A" Street to Main Street be opened. 4139 Demands approved. Regular order of business dispensed with. The Clerk announced that this being the time and place for Bids received and opened for the opening of bids for the improvement of Bay Avenue from 'A" Street improvement of Bay Ave. from to Main Street P.C.C. curbs and gutters to be constructed and payed "A" Street to Main Street. with plant -mixed surfacing. The following bids were received from Referred to City Engineer the following companies for the following total anounts: for tabulation and report. Griffith Company '03,222.70 ' Cox Brothers Construction Co. 2,547.47 J. J. Swigart Co. 2,882.30 Sully- Miller Contracting Co. 2,681.87 On motion of Councilman Robertson, seconded by Councilman Isbell and carried the bids were referred to the City Engineer for tabulation and report. The Clerk announced that this was the time and place for the reception of offers for the purchase of certain pieces of 61ty property. The Clerk then opened and read the following offers, all presented through the office of Ralph P. Maskey, for that portion of Lot 3, Williams Tract, now owned by the City of Newport Beach, of approximately 31.62 acres: Segerstrom Brothers Walter Gisler Harvey L. Bear On motion of Councilman Isbell, the bid of Harvey L. Bear, being the high the property sold to him. The motion was to -wit: 01,010.00 1,000.00 1,116.50 seconded by Cc -st bidder, was carried by the per acre n n ancilman Blue, accepted and following vote, AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Councilman Blue, the checks were ordered returned to the unsuccessful bidders by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Bids received and opened for the 31.62 Acre water land of the City. P:r. Harvey L. Bear kAgfiest birder and property sold to him. Checks returned to the rnsuccessfrul bidders. The City Clerk then read the offer of Roy L. kafer of Bid of'Roy L Shafer for $3,550.00 for Lots 29 and 30, Block 530, Lancaster Addition, City of Lots 29 &- 30, Block 530, Newport Beach. On motion of Councilman Robertson, seconded by Council- Lancaster Addition, taken man Isbell, the bid was taken under advisement by the following vote, under advisement. to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 22 4® Resolution No. 3696 :ontract for improvement of ay Ave. from "A" St. to ain St. awarded Cox Bros., lowest bidders. �hecks returned to the ,risuccessful bidders. under Resolution No. 3696 City Engineer, J. B. Webb, recommended thatnthe contract for the improvement of Bay Avenue from "A" Street to Main Street be awarded to Cox Brothers Construction Co., the low bidder, and on motion of Councilman Isbell, seconded by Councilman Blue, the contract was awarded to Cox Brothers Construction Co., and the Mayor and City Clerk authorized to sign the contract 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 Blue, the checks were ordered returned to the unsuccessful bidders by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN, None Resolution providing for On motion of Councilman Blue, seconded by Councilman Greeley certain changes in the and carried by unanimous vote of all Councilman, it is ordered that Improvements of M Street the following -resolution and order be, and it is hereby adopted, to -wit: and the Balboa alleys, such alterations'and changes not to WHEREAS, the City Council of the City of Newport Beach, exceed 1 /10th of total California, having heretofore on the 19th day of May, 1949 concluded estimated cost. the hearing on the investigation report filed March 28, 1949, for the proposed improvement of "M" Street and certain alleys in East Side Addition to Balboa Tract and Tracts Nos. 518, 948 and 1090, in accordance with provisions of the "Special Assessment Ivestigation, Limitation and Majority Protest Act of 1931" of the Streets and Highways Code of the State of California; and WHEREAS, Section 2884 of said Act provides, among other things, that the Legislative Body may in its discretion, and without further notice or hearing, make such alterations or changes in the things proposed to be done as will not exceed one -tenth (1 /10) of the total estimated cost, as shoran in the written report of the City Engineer filed March 28, 1949; and WHEREAS, the City Council deems it advisable to make certain changes in the things proposed to be done, as set forth in said written report 68 the Engineer. NOW, THEREFORE, IT IS HEREBY ORDERED by the City Council of the City of Newport Beach, California, as follows: That the City Engineer-is hereby instructed to modify the plans for the proposed improvement, as set forth in said written report and shall estimate separately the -cost of each omission from the things proposed to be done as set forth*in said report, as follows: Tihat the width of the pavement with plant mix material be reduced to a width of twenty (20) feet in the following alleys, to -wit: In the first F—Am" M lying Easterly of Tract No. 1090, between Central Avenue and Miramar Drive; and in the first ALLEY lying Northerly of Miramar Drive, between the alley lying Easterly of Tract 1090 and Central Avenue and in the ALLEY running Easterly and Westerly through Block "J" of Tract No. 518. Pursuant to instructions heretofore given by the City Council, the City Engineer presented a communication describing the changes so ordered to be made in the report filed March 28, 1949, for certain improvements in portions of 'M" Street and certain alleys in East Side Addition to Balboa Tract and Tracts Nos. 515, 948 and 1090, and also estimating separately each omission of the things proposed to be done, as shown in the said original report. Whereupon Councilman Blue offered and moved the adoption of the following motion, to -wit: Engineer instructed (a) That the communication of the City Engineer be accepted to modify plans and and filed, and that the said Engineer be hereby instructed to modify specifications of pro- the plans and specifications for the proposed improvements in accord - posed improvement. ante with said communication filed May 9, 1949. MItty Clerk instructed to (b) That the City Clerk of this City be, and he is hereby attach City Engineer's com- instructed to attach a copy of said communication of the City Engineer munication to written report. to the written report of said Engineer for further and future reference, 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 r '41 The City Engineer's communication citing the omissions in the Estimated cost of alleys hereinbefore mentioned, estimated the cost of such omissions as omissions. follows: 16,000 sq. feet of plant mix surfacing,.including grading, sub -grade preparation and bas material_, at 20 cents per square foot - - - - - - - - - - - $3,200.00 Estimated incidental expense omission 427.00 TOTAL ESTIMATED OMISSION COST - - - - - - - - - - $3,627.00 Pursuant to instructions heretofore given by the City Council, the City Engineer presented the written report for the proposed improve- ment of Lake Avenue and other streets (Lake Tract), said report having been prepared pursuant to the provisions of the "Special Assessment Investigation Limitation and Majority Protest Act of 193111, being Part 2, Division I� of the Streets and Highways Code of the State of California, and after consideration of said report by the City Council, Councilman Blue offered and moved the adoption of Resolution No. 3692, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTED PURSUANT TO THE REQUIREMENTS OF THE 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", BEING PART 2, DIVISION IV OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA." Which motion was seconded by Councilman Greeley, and upon roll call said Resolution 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 Blue, seconded by Councilman Greeley, the hearing on the above was set for June 27th, 1949, at the hour of 7 :30 o'clock P.M. at the City Council Chambers. The motion was 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 and carried, the regular order of business was resumed. REPORTS OF SPECIAL COU1.1ITTEES - None REPORTS OF STANDING COMMITTEES - None REPORT OF THE CITY MANAGER - Nme COMMUNICATIONS A letter from the Newport Harbor Chamber of Commerce request- ing an ordinance governing the size and location of bill boards was read and ordered filed by Mayor Drake, TkD explained that the City Attorney was already working on such an ordinance. An excerpt from the Minutes of the West Newport Beach Improvement Association Meeting held May 19th, requesting a traffic signal devise to regulate motor vehicle traffic at Newport Blvd. and 32nd Street was presented. Upon motion of Councilman Isbell, seconded by Councilman Blue and carried, was referred to the City Manager and the Traffic Committee for investigation and a report at the next meeting. RESOLUTION N0. 3692 being the written report of p8 posed improvement Lake Ave. and other streets in Lake Tract. Hearing on improvement of Lake Street and other streets in Lake Tract set for June27, 1949- Regular order of business resumed. Request of Npt Harbor Cham.of Com. governing size of bill boards filed. Request of West Npt. Bch Improve. Asso. for traffic signal refereed to City 111anar;er & Traffic Com. A report of progress submitted by Hahn, Campbell and Associates Hahn,Campbell $ Asso. Planning Consultants, stating that the master plan would be completed report of progress on on July 1, 1950, was presented, and upon motion of Councilman Greeley, master plan ordered filed. seconded by Councilman Robertson and carried, was ordered filed. The Sully Miller Contracting Co. request for an extension of ninety days from June 1, 1949, to permit completion of necessary legal proceedings on the Newport Heights Improvement, more particularly desc in Resolution of Intention No. 3605, was granted on motion of Council- man Isbell, seconded by Councilman Blue sn d carried by the following vote, to -wit: Sully Miller requested time extension on Npt. ekbed Hts. improvement for completion necessary legal work, granted. AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN, None 242 ORDINANCE N0, 597, A petition signed by residents of the northern part of Changing name of certain Smeltzer Avenue, between Old County Road and 15th Street, requesting portion of Smeltzer Ave. that the name be changed to Vista Drive, was read. City Attorney Dennison to La Jolla Drive and pointed out that a similar petition to change the southern part of Smeltzer certain portion to Vista Avenue to La Jolla Drive, had been presented at the May 9th meeting of Drive presented the City Council. He then presented Ordinance No. 597, being an, ORDINANCE CHANGING THE NAME OF A CERTAIN PORTION OF SMELTZER AVENUE IN THE CITY OF NE19PORT BEACH TO LA JOLLA- DRIVE AND CHANGING THE NAME OF ANOTHER CERTAIN PORTION OF SMELTZER AVENUE IN THE CITY OF NEWPORT BEACH TO VISTA DRIVE. Reading of ORD4597 waived. The reading of Ordinance No. 597 was waived 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 ORD. #597 passed to Ordinance No. 597 was then passed to second reading on motion second reading. of Councilman Isbell, 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 Request of R.A.Dorn Co. A communication from Raymond A. Dorn Co. requesting the co- or parkway planting plan operation of the City in a parkway planting plan was read, and on motion referred to City Manager. of Councilman Isbell, seconded by Councilman Blue and carried, was re- fereed to the City Manager for study-.and a report back to the Council. License appl'n Al Joyce The application of Al Joyce to operate a Varsity Snack Shop for Varsity Snack Shop at 311 Palm Avenue, Balboa, having been approved by the County Health 311 Palm, granted. Officer, was granted on motion of Councilman Isbell, seconded by Schmid for a 50/ setback Councilman Greeley and carried. License appl'n L. M. The report of the Chief of Police on the application of Baldwin for Balboa Erwin M. Baldwin to operate the Balboa Circle Taxi at 602 East Balboa Circle Taxi granted. Blvd., Balboa, being favorable, the license was granted on motion of proved on mdion of Councilman Isbell, seconded by Councilman Greeley and carried. License appl'n K.T.Kendall The application of K. T. Kendall, A. E. Tiffany, and G. P. A.E.Tiffany for Tango Sawtelle to conduct a fifty seat Tango Quiz game at the Balboa Bay Club Quiz Game at Balboa Bay was presented with an accompanying letter explaining the proposed opera - Club referred to City tion of the game. Upon motion of Councilman Greeley, seconded by Council- Manager & Police Chief. man Robertson, was referred to the City Manager and the Police Chief for investigation and report. The motion was carried by a unanimous vote. UNFINISHED BUSINESS 'lan.Com. Res. No.387, Resolution No. 387 of the Planning Commission, being a ,eing application of Ebell resolution recommending delay in the granting of the application of the Club for conditional Ebell Club for a conditional p?rmit to build an addition to the Club permit to build an a.ddi- House at 515 West Balboa Blvd., Balboa, having been tabled at the last tion to the Club House meeting of the Council, was presented for action at 515 W.Balboa Blvd. Permission granted. The Balboa Improvement Association urged the granting of the permit in a letter signed by H. F. Kenny, President, and Burr White, Secretary. Other letters from Mrs. Robert Killefer, president of the Ebell Club,and Mrs. C. M. Deakins also were submitted. Mrs. Killefer also spoke from the floor urging that the permit be granted, and on motion of Councilman Robertson, seconded by Councilman Blue, the permit was granted after City Attorney Dennison had ruled that such a permit would not be violating Zoning Ordinance No. 525. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 'lan.Com.Reso.No. 388 Resolution No. 388 of the Planning Commission, being a resolu- ,prov. 50% setback for Lion approving the application of Dorothy Clark Schmid for a 50/ setback frothy Clark Schmid, Lot on the alley side of Lot 7, Block 6, Section 1, Balboa Island, was ap- Block 6, Sectionl, proved on mdion of Councilman Greeley, seconded by Councilman Robertson Balboa Island, granted, and carried by the following vote, to -wit: - AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 389 of the Planning Commission, being a resolu- tion approving the application of Doris A. Granicher fir a two foot front yard setback, Lot 8, Block 3, Section 1, Balboa sland, was read, and upon motion of Councilman Robertson, seconded by Councilman Greeley, the resolution was tabled until a special meeting which -Mayor Drake stated he would call May 26, 1949, at 10:00 o'clock A.M. in the City Hall Council Chambers. The Mayor explained that the Council wished to investigate the situtation at the site where the setback was requested, and the special meeting would be called because of Mi s Granicher's statement that she wished to be married in three weeks. The motion tabling the resolution was carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 243 Res.NO. 389 of the Planning Com, approving aopl'n of Doris A. Granicher for two foot setback on Lot 8, Bloc' 3, Section 1, Balboa Island; tabled until a special meeting of the City Council called for May 26, 1949 at 10:00 A.M. Resolution No. 391 of the Planning Commission, being a resolu- P1a.n.Com.Res. No. 391,stat-I tion stating tha public hearings on the proposed Ordinance No. 593 had ing hearings on proposed been set for June 16th and July 21st, 1949, was read, and on motion of Ord. No. 593 had been set Councilman Greeley, seconded by Councilman Robertson and carried, was for June 16 & July 21, 1949 ordered filed. ordered filed. Resolution No. 390 of the Planning Commission, being a resolu- Plan.Com.Res. No. 390, tion approving the proposed subdivision of lots in Tract 1210, more approve. proposed subeivi- particularly described in a map submitted by the City Engineer, was sion of lots in Tract 1210, referred to the City Engineer for further consideration and report, on referred to City Engineer. motion of Councilman Greeley, seconded by Councilman Isbell and carried. The City Clerk stated that the application of Gaylord. W. Lee to install a twenty -five foot float at 510 South Bay Front, Balboa Island, had been verbally withdrawn, and. upon motion of Councilman Greeley, seconded by Councilman Robertson and carried, was accepted. Gaylord W. Lee's withdrawal of appl'n to install 25 ft. float at 510 S.Bay Front Balboa Island, accepted. The City Engineer submitted letters from the Newport Dredging Letters from Npt.Dredging Co. and the Western Canners Co. proposing, by mutual agreement, certain Co. & Western Canners re improvements of the Rhine waterway. The letters were referred to the improvements of Rhine re- City Manager and City Engineer for further study and report, upon motion ferred to City Manager and of Councilman Greeley, seconded by Councilman Robertson and carried. City Engineer. The City Engineer presented plans and specifications for the improvement of Balboa Boulevard from Alvarado Street to 6th Street and ' from 19th Street to McFadden Place, and on motion of Councilman Greeley, seconded by Councilman Robertson, the plan, more particularly described as Plan No. 426, and specifications were approved subject to the approval of the State, by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None P1„ns & specifications for improvement Balboa Blvd. from Alvarado to 6th and 19th to McFadden Place approved subject to anprovn of the State. The Uniform Wage Scale was adopted on motion of Councilman Uniform Wage Scale adopted. Greeley, 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 mction of Councilman Blue, seconded by Councilman Greeley, City Clerl, authorized to the City Clerk was authorized to call for bids on June 13, 1949, by call for bids June 13, 1949 the following vote, to-wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City Attorney Dennison stated that in the claim of Mrs. Matilda City offered Mrs. Matilda, Griggs for compensation from the City, because a change in the plans for Griggs ;'300 to ::1400 as Balboa Blvd. had caused certain property which she had accepted from the compensation between the City in trade, to become inside property instead of a corner lot, the value of inside and corner City had no legal liability. However, he said that if the Council so lots because lot that was wished, it could compensate her for the difference in value between inside traded to her as corner and corner - property at that location, and suggested that this compensation lot eventually proved to be approximately $300.00 to $400.00. Mrs. Griggs, speaking from the floor, be inside lot. Mrs. said that she had owned the property for twenty -seven years, and had paid Griggs felt compensation taxes on it all that time. She stated that she had repeatedly attempted insufficient. to secure a building permit for a house on the property, and that she had believed she had received a corner lot, in good faith, until she was informed by an unidentified real estate agent that the boulevard frontage in front of her property had been sold by the City and a house had been built thereon. She stated further that she did not consider the offer of $400.00 as suf- ficient compensation. Ralph P. Maskey, speaking from the floor, said that in that location a differential of 15% between the values of corner property and inside property was commonly accepted by realtors. He added that in his opinion Mrs. Griggs had been treated fairly, and that the offer by the City of $400.00 was sufficient compensation. ?44 ORDINANCE NO. 596, requiring covering of sumps wells, caves,etc. presented for second reading. ORDINANCE NO. 596 adopted. ORDINANCE NO. 592, amended trailer park ordinance given firwt reading and passed to second reading. Ordinance No. 596, being an ORDINANCE REQUIRING COVERING AND PROTECTION OF SUMPS, WELLS, CISTERNS, PITS, CAVES AND OTHER EXCAVATIONS was presented.for second reading and final, passage, and on motion of Councilman Isbell, seconded by Councilman Blue, the reading 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 Isbell, seconded by Councilman Blue, the Ordinance was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Certain amendments to Ordinance No. 592, which was originally introduced on March 14th, being , AN ORDINANCE REQUIRING THE OPERATION, MAINTENANCE AND SANITATION OF TRAILER PARK GROUNDS AND THE USE OF TRALER CARS, TRAILER HOUSES OR AUTOMOBILE TRAILERS USED FOR LIVING PURPOSES IN THE CITY OF NEWPORT BEACH, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. were summarized by City Attorney Dennison, and on motion of Councilman Isbell, seconded by Councilman Greeley, the amended ordinance was given firstreading and passed to second reading by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Drake authorized Mayor Drake requested authority to appoint a Committee on to appoint a committee Parks,. Playgrounds and Recreation, which authority was granted on on Parks, Playgrounds motion of Councilman Robertson, seconded by Councilman Greeley and and Recreation. carried. This Committee replaces any other Committee which might have been previously created. Mayor Drake then appointed the following Committee: Francis Horvath, temporary Chairman Lloyd Wood Jack Cole Alexander Hamilton Mrs. Mary McCallum 11Ir,: R.L.Patterson informed Fovner. City,Enginaor i�:, ': Patterson, spoke from the floor proceeds of sale of City asking where the proceeds from the sale of the City Water property to Water property would be Harvey Bear would be used, and stating that he felt that it should go used in building City Yards, back to the water funds. The City Manager assured him that would be which would house the City done inasmuch as the money would be used in building the City Yards `.Mater Dept. which would house the City Water Department. Mrs. Forrest requested = Mrs. Forrest spoke from the floor requesting an interpretation Interpretation of R -1 of R -1 Zoning laws, and City Attorney Dennison stated that he had pre - zoning laws. viously given his interpretation, but would be glad to make an appoint- ment and give her a further interpretation. ADJOURNMENT: On motion of Councilman Isbell, seconded by Councilman Blue, and carried, the meeting was adjourned Sine Die. ATTEST: Ll