HomeMy WebLinkAbout05/22/1950 - Regular Meeting197®
May 22nd, 1950.
The City.Council of the City of Newport Beach met in regular ses-
sion in the council chambers of the City Hall at the hour of 7:30 P.M.
The.-.roll was called, the following councilmen answering present:
Finch, Drake, Blue, Greeley, Isbell.
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, and the reading of the minutes was waived.
Certain demands, having been approved by the Finance Committee and
Demands approved signed by the Mayor and City Clerk were ordered paid on motion of Councilman
Greeley, seconded by Councilman Blue and carried by the following roll -call
vote, to -wit:
AYES, COUNCILMEN? Finch, Drake, Blue, Greeley, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Greeley, seconded by Councilman Finch,
the regular order of business was waived to permit the opening of bids for
Bids on Improve-
the improvement of Balboa Boulevard. The following bids were received:
ment of Balboa
Blvd.
1.' Hardy & Harper Co. - - - - - - - - - - - $20,770.00
2. Sully - Miller Co. - - - - - - - - - - - - 200237.50
3e Cox Brothers Construction Co - - ` 19,100.00
_ _
�F John J. Swigart Co. - - 18,914.00
5. Griffith Company - - - - - - - - - - - - 20,066.50
On motion of Councilman Blue, seconded by Councilman Greeley,
the bids were referred to the City Engineer for study and report.
The City Engineer reported that the bid of John J. Swigart Co.
was the low bid in the amount of $18,914.00, and recommended that the con-
tract be awarded to the John J. Swigart Company..._ On motion of Councilman
Res. No. 3797.
Drake, seconded by Councilman Greeley, Resolution No. 3797 awarding the
Contract Awarded
contract was passed by the following roll -call vote:
to Swigart Co.
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The Clerk advised the City Council that this was the time and
place fixed pursuant to statute and notice given for the hearing in the
matter of the assessment for the grading, paving and otherwise improving
Lake Avenue and other streets in the City of Newport Beach, as contemplated
Hearing on Assess-
in Resolution of Intention No. 3726, adopted by said City Council on Aug-
ment for Improving
ust 29th, 1949. The Clerk also informed the City Council that the affida-
of Lake Ave. etc.
vits of mailing, posting and publication of the Notice of Filing Assess-
ments were on file in his office, and that one written objection had been
filed in his office prior to the day set for the hearing by Arthur L. Marks.
Mr. J. R. Evans and Donald Gordon spoke from the floor inquiring as to the
method of assessment.
After a fair and impartial hearing having been granted to all
persons desiring to be heard in said matter, and all appeals or objections
having been heard and fully considered, and the City Council being satisfied
with the correctness of the assessment and diagram, Councilman Blue moved
that all appeals or objections be overruled and denied, and that the assess -
Assessment and
ment, diagram and proceedings be confirmed and approved and that the Super -
Diagram Approved.
intendent of Streets shall forthwith attach a warrant to said assessment,
bearing the date of this order of the City Council, which motion was second -
ed by Councilman Greeley and carried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake,. Greeley, Blue, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Engineer notified the City Council that in Section 5 of
Resolution of Intention No. 3726, adopted August 29th 1949, for the grading,
paving and otherwise improving Lake Avenue and other streets, it was declared
that as an aid to the construction of said improvements, the City of Newport
City of N.B. to
Beach would pay out of its General <Fund the sum of $3500.00 toward the costs
pas' 1?'3500 to�aarc_
and expenses of said improvement, and that the contract for such construction,
costs of Lake Ave
entered into on the 8th day of December 1949, provided that the liability and
Imorovement out
obligation to pay such sum as per said Resolution of Intention would accrue
of General FunC.
and become fixed on the date of the confirmation of the assessment by the
City Council of said City, and recommended that such action should now be
taken by the City Council.
Whereupon Councilman Blue offered the following motion: That the
proper city officers, authorized to disburse public funds in the treasury of
said City be, and there are hereby instructed, to draw a warrant in the sum
of $3500.00 against the General Fund of the City of Newport Beach, California,
C
for the payment of the obligation set forth in said Resolution of Intention
No. 3726, and that the payee of said sum shall be the Sully- Miller Contract-
ing Company, the contractor for said agreement, which motion was duly seconded
by Councilman Greeley and adopted by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Blue, seconded by Councilman Greeley and
carried, the regular order of business was resumed.
COMMUNICATIONS.
A letter from Edgar R. Hill, chairman of the Building Commission
of St. Andrews Presbyterian Church, requesting an extension of the water
main along 15th Street East of Irvine Avenue, because of the increasing
need for fire protection and water supply, was read. On motion of Council-
man Blue, seconded by Councilman Greeley and carried, the City Clerk was
asked to reply to this letter stating facts, and the letter was ordered
filed.
A letter from
the Department
of Commerce, Civil Aeronautics Ad-
ministration, requesting
a renewal of their
contract with the City of Newport
Res, 3798. VHF
Beach for VHF Fan Marker
Site No. 7 was
read. On motion of Councilman Drake,
Fan Marker Contract
seconded by Councilman Blue, Resolution
No. 3798 renewing the contract was
Site #7
adopted by the following
roll -call vote:
.Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
A letter from the Department of Commerce, Civil Aeronautics Ad-
ministration, requesting a renewal of their contract with the City of Newport
Beach for VHF Fan Marker Site No. 7 -A was read. On motion of Councilman
Drake, seconded by Councilman Blue, Resolution No. 3798 -A renewing the
contract was adopted by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Communications from the Metropolitan Water District announcing
Lake Mathews as closed to hunting, fishing or any other recreational pur-
poses, were read. Councilman Drake elzplained the reasons for this measure,
and on motion of Councilman Drake, seconded by Councilman Blue and carried,
the letters were ordered filed.
APPLICATIONS.
The application by Lee M. Rice for a Veteran's Exempt license to
peddle vegetables, having been investigated by the City Manager, on motion
of Councilman Finch, seconded by Councilman Drake and carried, was referred
to the City Attorney for legal advice.
The application of Arthur Stegmann for operation of the Colonial
Restaurant, 1014 Coast Highway, Newport Beach, having been approved by the
Health Department, was granted on motion of Councilman Drake, seconded by
Councilman Greeley and carried.
The application of Stanley Lefringhouse to conduct a food con-
cession and the sale of beer at 501 East Bay Ave. Balboa, was approved, sub-
ject to Health Department approval, on motion of Councilman Drake, seconded
by Councilman Greeley and carried.
The application of Beverly L. Creel to solicit orders for books
was granted on motion of Councilman Blue, seconded by Councilman Greeley and
carried.
A petition from residents owning property located between 18th
and 19th Streets, Newport Beach, requesting that . the,extension -of Bay Avenue
be dedicated for all time as a public thoroughfare for vehicular traffic,
as approved by former City Engineer R. F°. Patterson, without expense to
the property.owners was read. On motion of Councilman Finch, seconded by
Councilman Drake and carried, the petition was referred to the City Engineer
for study and report.
OATHS OF OFFICE..
' The Oath of Office of Earl Schneeweis as Special Officer for the
Balboa Bay Club was approved on motion of Councilman Drake, seconded by
Councilman Blue and carried.
The Oath of Office of Monte R. Grimes as Special Officer was
approved on motion of Councilman Blue, seconded by Councilman Greeley and
carried.
The Oath of Office of Louis N. Briggs as a member of the Plan-
ning Commission was approved on motion of Councilman Greeley, seconded by
Councilman Finch and carried.
Res. 3798 -A. VHF
Fan Marker Contr.
Site #7 -A.
Renewed
Lake Mathews closed
to recreation.
Lee M. Rice, Vet,
Exempt License appl.
A. Stegmann, appl.
for license granted.
Lefringhoa se, food
concession appl
Mel, book soli
Petition, exten-
sion Bay Ave.
Schneeweis, Oath.
Monte Grimes, Oath.
Plan. Com.
L. W. Briggs, Oath.
Plan. Com.
372
PLANNING COMMISSION.
The request of Marie Hiebach for a variance on Lots 14, 15, 16
and 19, Block 329, Corona del Mar, having been denied by the Planning Com-
M. Hiebsch denied mission, was concurred in on motion of Councilman Drake, seconded by Coun-
Variance cilman Blue and carried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The application of Alex H. Morrison for a conditional permit
to install a laundryette at 129 Agate Ave., Balboa Island, having been ap-
A.H.Morrison proved by the Planning Commission, taking into consideration that adequate
Agate Ave. Laun- off - street parking was available and that the zoning is proper for said .%
dryette, granted. location, was granted on motion of Councilman Blue, seconded by Councilman
Conditional. Greeley and carried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
PIER PERMITS.
The application of R. E. Reynolds to increase the height of a
sea wall on Lot 19, Tract 907, Lido Isle, was granted on motion of Council-
man Blue, seconded by Councilman Greeley and carried.
NEW BUSINESS.
The City Attorney presented Resolution No. 3799, approving the
sale by the City of Newport Beach to the County Sanitation Districts Nos.
Res. No. 3799. Sale 5 and 6, of the City of Newport Beach trunkline sewers, in the amount of
of City Trunkline $205,716.00. On motion of Councilman Greeley, seconded by Councilman
Sewers Finch, the resolution was adopted and the Mayor and City Clerk authorized
to sign the same, by the following roll -call vote, to -wit:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Attorney presented the application of George W. Gilson
Res. #3804 5. A contract between the City of Newport Beach and the Irvine Co., re-
Irvine Co. Water newed on motion of Councilman Drake, seconded by Councilman Finch and
Cont. Renewed carried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
6. A contract between the City of Newport Beach and the Irvine Co., re-
RES. #3905 newed on motion of Councilman Greeley, seconded by Councilman Finch and
Irvine Co. Water carried by the following roll -call vote:
Cont. Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
N
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to operate a bus line in the unincorporated community of Costa Mesa and
Costa Mesa Bus Line
the City of Newport Beach, to be known as the Costa Mesa Bus Line. On mo-
tion of Councilman Greeley, seconded by Councilman Blue, the matter was
referred back to the City Attorney for study and report.
The City Attorney presented for renewal six water contracts
as follows:
Res. #3900
1. A contract between the City of Newport Beach and the Irvine Co., re-
Irvine Co. Water
newed,on motion of Councilman Drake, seconded by Councilman Blue and car -
Cont. Renewed
ried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
2. A contract between the City of Newport Beach and the Irvine Co., re-
Res. #3901
newed on motion of Councilman Blue, seconded by Councilman Greeley and
Irvine Co. Water
carried by the following roll -call voter
Cont. Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
3. A contract between the City of Newport Beach and the Deeble- Chapman
Res. #3902
Co., renewed on motion of Councilman Finch, seconded by Councilman Drake
Deeble- Chapman
and carried by the following roll -call vote:
Water Cont. Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
4. A contract between the City of Newport Beach and the General Petroleum
Res. #3903
Corp., renewed on motion of Councilman Blue, seconded by Councilman Greeley
Gen. Pet. Water
and carried by the following roll -call vote:
Cont. Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Res. #3804 5. A contract between the City of Newport Beach and the Irvine Co., re-
Irvine Co. Water newed on motion of Councilman Drake, seconded by Councilman Finch and
Cont. Renewed carried by the following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
6. A contract between the City of Newport Beach and the Irvine Co., re-
RES. #3905 newed on motion of Councilman Greeley, seconded by Councilman Finch and
Irvine Co. Water carried by the following roll -call vote:
Cont. Renewed
AYES, COUNCILMEN: Finch, Drake, Greeley, Blue, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
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A request from the City Attorney that the Balboa Bay Club par-
tially surrender their lease for that portion of property which is used Res. #3806. Partial
as a pumping plant for the sewer line was read, and on motion of Coun- Surrender, Balboa Bay
cilman Drake, seconded by Councilman Blue, Resolution No. 3806 authoriz- Club Lease
ing the Mayor and City Clerk to enter into and accept such a partial
surrender, was adopted by the following roll -call 'vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Ordinance No. 623, being
AN ORDINANCE FOR RE- ESTABLISHMENT OF BENCH MARK,
AMENDING THE MUNICIPAL CODE
was introduced and
oilman Greeley, seconded by G
roll -call vote:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT COUNCILMEN:
passed to first reading on motion of Coun- Ord, No, 62
)uncilman Blue and carried by the following 3
Passed to 1st reading
Re- estab.Bencr MDr %r
Finch, Drake, Blue, Greeley, Isbell
None
None
The Mayor announced that this was the time and place for contin-
uation of the informal hearing on the acquisition of China Cove. A letter Continuation of
from Harvey D. Pease, President of the Newport Harbor Realty Board regard- China Cove Hearing
ing the proposed strip of "matching land" for the purchase of China Cove,
was read. Mr. Pease stated that it was the opinion of the committee that
the property, Lots 12 -a to 17 -a inclusive, on the Ocean Front at 15th Street,
Newport Beach, is fairly worth $520,000.00, and that no consideration had Question of "Matching
been given to the mineral rights thereon, if any. A letter from the Plan- Land ".
ning Commission urged serious study and consideration be given to the China
Cove project so that it would not in any way interfere with the Master Plan,
which is under consideration and development in Newport Beach. Two pro-
tests, written, against the acquisition of China Cove were received, and
fifteen letters in favor of the project were received. The Mayor then called
for comment from the floor. After considerable discussion, Councilman Finch
moved that a committee of three persons from Corona del Mar and three from
Newport Beach be selected, said committee to select a seventh member. The Committee appointed
purpose of this committee would be to investigate the China Cove matching
land proposal and to return a recommendation on whether they thought it
advisable for the City to enter into such a proposal or not. In event
they found it inadvisable, they would make other recommendations that they
believe would be practical for the acquisition of China Cove. This motion
was seconded by Councilman Greeley and carried.
The Mayor announced that this was the time and place for contin-
uation of the hearing in the matter of the proposed grading, paving and
otherwise improving the alleys between 11th and 19th Streets, Newport Beach.
Pursuant to instructions heretofore given on the 24th day of
April, 1950, the City Engineer reported upon the written and oral protests
heretofore presented to the City Council, on the matter of the proposed
grading, paving and installation of sewer and water connections and ap-
purtenant work in certain alleys between 11th Street and 19th Street, all
as particularly shown in the written report ofthe City Engineer of the
City of Newport Beach, California, filed March 13th, 1950, and which said
report on the protests disclosed the following:
The total area of the proposed assessment district,
exclusive of streets and alleys is - - - 839,990 square .feet
The total area represented by written protests filed
with the City Clerk up to the time set for hearing,
including oral protests, is - _ _ 11,050 square feet
The total, area represented by said protests is equal
to 1.3% of the total area of the proposed assessment district.
After some discussion, and considering the report of the Engineer
with respect to the percentages represented by the protests, Councilman
Greeley offered and moved the adoption of the following minute resolution,
which motion was seconded by Councilman Blue and carried by the following
roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
IN THE MATTER OF THE PROPOSED GRADING, PAVING, INSTALLATION
OF SEWER AND WATER CONNECTIONS AND APPURTENANT WORK IN CERTAIN
ALLEYS BETWEEN 11th STREET AND 19th STREET, SHOWN IN THE WRITTEN
REPORT OF THE CITY ENGINEER OF THE CITY OF NEWPORT BEACH, CALIF-
ORNIA, FILED MARCH 14, 1950.
WiEREAS, the City Council of the City of Newport Beach did, on
the 13th day of March, 1950, pursuant to statute, approve the written
report prepared and filed by the City Engineer of said City, in accordance
with the provisions of that certain Act of the Legislature of the State
of California known as the "Special Assessment Investigation, Limitation
and Majority protest Act of 1931 ", being Division IV of the Streets and
Highways Code, and did on said date fix Monday, the 24th day of April,
Continuation of hear-
ing on improvement
of alleys, 11th to
19th Sts, Newport.
Minute Resolution
re Alleys
374
1950 at the hour of 7 :30 P.M. as the day and hour, and the Council Cham-
bers of the City Council in the City Hall d'f said City as the place of
hearing on such report, and said hearing having been regularly continued
to the hour of 7 :30 P.M. on the 22nd day of May, 1950, and
WHEREAS, the City Clerk of said City 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 of said report, all
in the time, manner and form required by said Code;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of
She City of Newport Beach, California, hereby finds and determines as '
follows:
1. That protests in writing have not been filed by the owners
(as defined in the "Improvement Act of 1911 °. Division 7, of the Streets
and Highways Code of the State of of California), of a 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 upon the
lands proposed to be assessed for such improvement will not exceed 50% of '
the true value of said lands to be so assessed.
3. That the estimated proposed assessment to be levied for the
proposed improvement against the several parcels proposed to be assessed
therefore, as shown in said written report, will not exceed 50% of the true
value of such parcels.
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 said City Council, are able to carry the burden of such proposed
assessment.
I HEREBY CERTIFY that the foregoing minute resolution was adopted
by the City Council of the City of Newport Beach, California, at a regular
meeting thereof held on the 22nd day of Nay, 1950, by the following roll -call
vote, to -wit:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
—°�-;'i y U.Lerx
On motion of Councilman Blue, seconded by Councilman Greeley,
the City Engineer was instructed to prepare plans and specifications for
the improvement of the alleys between 11th and 19th Streets, by the follow-
ing roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Greeley, seconded by Councilman Blue,
the meeting was adjourned, sine die.
ATTEST:
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