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HomeMy WebLinkAbout06/12/1950 - Regular MeetingJune 12th, 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. The regular monthly demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, were ordered paid on motion of Councilman °lue, seconded by Councilman Greeley and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The monthly report of receipts and disbursements was presented, and on motion of Councilman Greeley, seconded by Councilman Blue and car- ried, were approved and ordered filed. HEADS OF DEPARTMENTS. The recommendation of the City Manager that the Municipal Code be amended to remove the area between Bay Island and the Peninsula from the protected swimming areas was presented, and on motion of Councilman Blue, seconded by Councilman Greeley and carried, the pity Attorney was instructed to prepare an ordinance to this effect. SPECIAL COMNIITTEES. A special committee, appointed by the Mayor on the China Cove - Marching Land problem, reported that it had organized and selected Mr. R. L. Patterson as its seventh member. It suggested that the City Council re- negotiate existing park leases with the State to provide protection for the City in the matter of lease terminations, and in the matter of compen- sation for improvements erected by the City, after the manner of the State's leases with Los Angeles County. On motion of Councilman Drake, seconded by Councilman Greeley, the report was received and the City Attorney instructed to negotiate with the State for the amendment of the leases. A letter from the Board of Trustees, Newport Beach School District, requesting that they be assured of the continued use of the Ocean Front property considered in the matching -lands transaction was read, also a letter from Stafford W. "Ixby representing the estate of Howard B. Bixby protesting the appropriation of City Funds for China Cove, and a telegram from Hohor.AGibson Felton protesting the exchange of Ocean Front property. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the three communications were ordered filed for consideration in future discussions regarding the matching -land project. COMMUNICATIONS. k) ®-3 Monthly demands approved Receipts and Dis- bursements a:ooroved The request of Ruth White Miller for a license to operate a nursery school at 411 Heliotrope Avenue, Corona del Mar, having been approved by the County Health Officer, was presented together with a petition contain- ing 52 signatures protesting the establishment of the school, and 14 letters of protest, also a map showing the distribution of the pro testants. Attor- ney Roland Thompson, stating that he was representing 95 residents of the neighborhood, declared that the proposed nursery school was n1bt a school per se, and therefore could not legally be allowed to operate in that zone. Mrs. Miller stated that the formative years of a child's growth were more important from the viewpoint of education than the latter years, and that any competent child psychologist would classify a nursery school as a "school ". Various residents of the area spoke from the floor in protest. On motion of Councilman Finch, seconded by Councilman Blue, the application was denied by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from the Parent Teacher Association expressing its apprecia- tion to the Council for their work in designating parks and playgrounds and urging that they be completed so that the children may use them this summer if possible, was read. The Association also urged the development of a Red Cross swimming area on Balboa Island. On motion of Councilman Finch, seconded by Councilman Drake and carried, the letter was ordered filed. A communication from Mrs. Charles H. Mower, secretary of the Corona del Mar Garden Club, and another from Mrs. Ada Chambers, secretary of the Garden Section of the Lido Isle Women's Club, suggesting that the City's Income from the Balboa Bay Club and the Newport Beach Trailer Camp be used for the delopment of parks and playgrounds were presented. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the letters were ordered filed. A communication from Dick Richards inviting all the City officials to be present at the installation of Sergeant Elmer Bender as honorary Proposed. Amend- ments to State Leases for Matching Land in China Cove Matter China. Cove Protests against Matching -land Ruth 11hite. Miller Nursery School Appl. Denied. PTA letter re playgrounds & Red Cross Swim Area, Bal.Is. 376 Mayor of the Day on June 17th at 10:30 A.M. was read, and on motion of Sgt. Bender to be Councilman Finch, seconded by Councilman Greeley and carried, was or- Mayor for a Day dered filed. Four letters from property owners requesting that Block D of Corona del Mar be re -zoned from an R -3 to an R -2 classification were Request to Rezone read, and on motion of Councilman Finch, seconded by Councilman Greeley B1. D, CDK and carried, were referred to the Planning Commission. A letter from the California Physicians Service praising the help and cooperation of the City in developing the organization, was read. On motion of Councilman Drake, seconded by Councilman Greeley and carried, the letter was ordered filed. The City Clerk presented the minutes of a meeting of the Central Newport Beach Community Association held on May 31, 1950, regarding the China Cove- Matching Land proposals. Reading of the letter was waived, and on motion of Councilman Finch, seconded by Councilman Greeley and carried, the letter was ordered filed. A petition bearing the signatures of Section B Newport Beach, requesting that the Letter re "T" alley 16th Streets and running parallel from Ocean be omitted from the contemplated alley- pavinj Streets was presented, and was ordered filed 23 lot owners in Block 15, "T" alley between 15th and Front to Balboa Boulevard project from 11th to 19th by Mayor Isbell. On motion of Councilman Blue, seconded by Councilman Greeley and carried by unanimous vote of all councilmen present, it was ordered that the following resolution and order be and is hereby adopted, to -wit: WHEREAS, Proceedings have been conducted under the provisions of Alley paving, the "Special Assessment Investigation, Limitation and Majority Protest 11th to 19th Sts. Act of 1931 ", Division 4 of the treets and Highways Code of the State of Npt. Bch. California, for the grading, paving and otherwise improving certain alleys between 11th and 19th Streets, and WHEREAS, on the 22nd day of May, 1950, this City Council made its findings and determinations relative to the protests heretofore filed, and the hearing on the report was concluded as of said last mentioned date, and WHEREAS, Section 2854 of said Investigation Act provides, among other things, that the legislative body may, at its discretion and without notice or hearing, make such alterations or changes as will not exceed one - tenth (1 /10) of the total estimated cost, as shown in the written report of the City Engineer, filed March 13th, 1950, in the matter of the grading, paving and otherwise improving said alleys, and WHEREAS, the City Council deems it advisable to make certain chan- ges in the things proposed to be done, as set forth in said written report of the City Engineer. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AS FOLLOWS: 1. That the following described proposed work be omitted from the things proposed to be done, as shown in said written report; 2. That the City Engineer be hereby instructed to modify the plans for the proposed improvement and to estimate separately the cost of each omission from the things proposed to be done, as set forth in said written report, as follows: a. Omit the grading, paving,in the first alley lying West of 15th Street and running North and south through Block 15 of Newport Beach, as per maps recorded in Miscellaneous Map Book 4, Page 27, Records of Orange County. b. Omit the construction and installation of three water connections and three sewer connections proposed to be constructed in said alley and as shown on the plan attached to said written report. On motion of Councilman Blue, seconded by Councilman Greeley, the preceding Minute Resolution was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, ,Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None I HEREBY CERTIFY that the above and foregoing resolution and order was regularly adopted by the City Council of the City of Newport Beach, California, at its meeting on the 12th day of June, 1950. f.P� City Engineer J. B. Webb reported that the estimated cost of such omissions, including the estimated incidental expenses in connection there- with, is as follows: Estimated omission of plant -mixed surfacing, including grading, sub -grade preparation and base material - - - $1,125.00 Estimated omission of 3 water service connections - - - 75.00 [J 0 377 Estimated omission of 3 sewer connections - - - - $75.00 Estimated omissions Estimated incidental expenses in connection with such omissions - ® e - 180.19 TOTAL ESTIMATED OMISSIONS- - - - - - - - - - - - $1,455.19 IN THE MATTER OF THE PROPOSED IMPROVEMENT OF CERTAIN ALLEYS BETWEEN 11th AND 19th STREETS. Pursuant to instructions heretofore given by the City Council, the City Engineer presented a communication describing the changes so ordered in said instructions, and also estimated separately each omission from the things proposed to be done, as shown in the original report filed March 13th, 1950; and after the City Engineer had fully explained the details of such omissions from the plans, Councilman Blue offered and moved the adoption of the following motion, to -wit: A. That the communication of the City Engineer be accepted and filed, and that the said Engineer be hereby instructed to modify the plans and specifications for the proposed improvement in accordance with the said communication filed June 12th, 1950. B. That the City Clerk of the City of Newport Beach be, and he is hereby instructed, to attach a copy of said communication of the City Engin- eer to the written report of said Engineer for further and future reference, which motion was seconded by Councilman Greeley and carried by the follow- ing roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer presented a resolution of the Board of Supervisors of Orange County approving the construction of certain sewer mains and ap- purtenant work to be hereinafter described, and on motion of Councilman Drake, seconded by Councilman Greeley and carried, the resolution was ordered filed. Pursuant to instructions heretofore given by the City Council, the City Engineer presented Plans and Profiles No. 431, consisting of 5 sheets, together with specifications for the construction of sanitary sewers and Sanitary Sewers appurtenant work in connection therewith in Balboa Blvd. and other streets and public property, including certain county roads, consent for such con- struction within said county roads having been granted by a resolution of the Board of Supervisors of the County of Orange. Whereupon, Councilman Drake moved that said plans, profiles and specifications be approved, which motion was seconded by Councilman Blue and carried. The City Engineer also presented a plat or map, No. 431 -A, being a map of the assessment district for the construction of said improvements, as shown on Plans and Profiles No. 4311 consisting of 5 sheets. Whereupon Councilman Drake moved that said Map No. 431 -A be approved and filed in the office of the City Engineer and City Clerk, which motion was seconded by Councilman Blue and carried, by affirmative vote of all councilmen present. The.City Clerk presented a communication from the Counth Health Officer, who also acts as City Health Officer, dated January 6, 1950, rela- tive to the necessity for construction of sanitary sewers and appurtenant work in connection therewith in Balboa Blvd. and other streets and public property, as shown on Plans and Profiles No. 431 consisting of 5 sheets, on file in the office of the City Engineer of said City. On motion of Coun- cilman Drake, seconded by Councilman Greeley and carried, the Clerk was in- structed to spread in full the said communication upon the minutes of this meeting. Councilman Drake then offered and moved the adoption of Resolution No. 3807, entitled: M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTED PURSUANT Res. No. 3907. TO THE PROVISIONS OF SECTION 2908 OF THE "SPECIAL Adopted. ASSESSMENT,INVESTIGATION, LIMITATION AND MAJORITY Severs, Balbos_ Blvc. PROTEST ACT OF 1931, DIVISION 4 OF 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: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None To the Honorable City Council, City of Newport Beach, California. Gentlemen: As Health Officer of the City of Newport Beach and of the County Letter from Health of Orange, I hereby recommend that proceedings be instituted at once for Officer re Sewers. the construction of sanitary sewers in that portion of Newport Beach am bounded on the East by the alley between 42nd and 43rd Streets, on the North by the boundary of the old Santa Ana River channel on the West by 50th Street and on the South by the Pacific Electric light of Way, as outlined in plans on file in the office of the City Engineer. This, recommendation is made as a measure necessary for the pro- tection of public health, and is al o made pursuant to Section 2909 of the Streets & Highways Code of the ate of California. We have made an investigation of the sanitary conditions in this area of the city and found that residents therein have been and are ex- periencing difficulties with their individual sewage disposal systems. , The difficulties in this area are due to the high water table common throughout the area, and the leases of oil that are frequently encountered. These two factors alone will hinder the proper operation of the individual disposal systems. Yours very truly, EDW. LEE RUSSELL, M. D. , Health Officer of the City of Newport Beach and the County of Orange. Councilman Drake then offered and moved the adoption of Resolu- tion of Intention No. 3808, being a Resolution for the construction of Res. of Int. 3908. sanitary sewers and appurtenant work in Balboa Blvd. and other streets Sanitary Sewers. and public property as per Plan No. 431, consisting of 5 sheets, which Balboa Blvd. etc. motion was seconded by Councilman Blue, and upon roll call, said Res- olution setting the hearing for said work on July 24th, 1950, was adopted by the following vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None APPLICATIONS. The application of Georgia Davis to operate the Harbor Cafe at 517 30th Street, Newport Beach, having been approved by the Health De- partment, was granted on motion of Councilman Greeley, seconded by Coun- cilman Blue and carried. The application of Virginia Clifford to operate a pastry shop at 301 Marine Ave., Balboa Island, was granted subject to approvel by the health Department, on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of Don L. Randel to operate a hamburger stand at 600 E. Balboa Blvd. Balboa, having been approved by the Health Officer, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. was presented for second reading. On motion of Councilman Drake, Seconded by Councilman Blue, and carried, reading of the ordinance was waived. On motion of Councilman Drake, seconded by Councilman Greeley, Or- Ord. No. 623 dinance No. 623 was adopted by the following roll call vote: Adopted, AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None n The a plication of Ed Walker and.Vivian Soderstrom to operate a bakery at 161 Coast Hilghway, Corona del Mar, having been approved by the Health Officer, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of J. W. Curl to operate one card table at 702 Apnl. Curl, East Bay Ave., Balboa, was referred to the Police Department on motion Card Table. of Councilman Drake, seconded by Councilman Greeley and carried. Ref. to P.D. The application of Thomas Carson for 3 card tables at 109 21st P1., Newport Beach, being a renewal of a previous license, was granted A_opl. Carson, 3 card on motion of Councilman Blue, seconded by Councilman Greeley and carried. tables. Granted. The application of Thomas Carson to operate the Stage Cafe at 109 21st Pl., Newport Beach, being a renewal, was granted on motion of Coun- cilman Blue, seconded by Councilman Greeley and carried. The application of H. W. Tate to transfer Beano Quiz equipment from Newport Beach to the Balboa Pavilion was referred to the Police Department on motion of Councilman Drake, seconded by Councilman Greeley and carried. UNFINISHED BUSINESS. Ordinance No. 623, entitled: Ord. No. 623. AN ORDINANCE AMENDING SECTION 7305 OF THE MUNICIPAL CODE Bench Mark PROVIDING FOR THE RE- ESTABLISHMENT OF THE OFFICIAL BENCH MARK FOR THE CITY OF NEWPORT BEACH was presented for second reading. On motion of Councilman Drake, Seconded by Councilman Blue, and carried, reading of the ordinance was waived. On motion of Councilman Drake, seconded by Councilman Greeley, Or- Ord. No. 623 dinance No. 623 was adopted by the following roll call vote: Adopted, AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None n 379- NEW BUSINESS. The petition of the Irvine Co. for annexation to the City of New- port Beach for certain uninhabited territory more particularly described Proposed annexation of in the petition was presented, and on motion of Councilman Finch, secon- Irvine territory. ded by Councilman Blue and carried, was referred to the City Manager for negotiation with the Irvine Co. regarding the extent of the territory to be annexed. The City Attorney requested authority to institute quiet title suit on the Balboa Bay Club property and requested that the Council in- Quiet Title suit, struct the clerk to so certify and confirm the authorization. On motion Balboa Bay Club ppty. of Councilman Drake, seconded by Councilman Greeley and carried, the City Attorney's request was granted. The application of George Sanchez to install a reinforced concrete bulkhead on Lot 2, Block 1, Tr. 626, having been approved by the City En- Sanchez, bulkhead gineer, was granted on motion of Councilman Drake, seconded by Councilman Greeley and carried. ' The application of Dr. Lucius B. Phelps to construct a concrete bulkhead on Lot 31, Tr. 884, having been approved by the City Engineer Phelps, bulkhead. was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried: The City Engineer requested that the City Clerk be instructed to call for bids for the removal of certain city buildings, the bids to be Clerk to call for opened at an adjourned regular meeting at 2:00 P.M. Monday, June 19th. bids to remove bld.ga. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the Clerk was so instructed. Mayor Isbell was granted permission to leave the state on motion of Councilman Greeley, seconded by Councilman Blue and carried. On motion of Councilman Drake, seconded by Councilman Blue and car - ried, the meeting was adjourned to 2P00 P.M. June 19th. Mayor ATTEST: City Clerk r " The request of the Southern California Edison Co. for the execu- tion of an easement covering a proposed line for electric service to the Request for Easement Balboa Yacht Basin was presented, and on motion of Councilman Drake, by So.Cal.Edison Co. seconded by Councilman Finch and carried, was referred to the City Attorney for Balboa Yacht Basin for approval. The Oath of Office of Thomas F. Norton as a special officer was approved on motion of Councilman Finch, seconded by Councilman Blue and carried. City Attorney Blodgett presented Ordinance No. 624, being AN ORDINANCE ESTABLISHING CAMPFIRE AREA NO. 8 ON THE 624. CORONA DEL MAR BEACH AND AMENDING THE MUNICIPAL CODE Ord. Introduced. THEREFORE. On motion of Councilman Drake, seconded by Councilman Greeley, reading Passed to 2nd read. of the ordinance was waived. On motion of Councilman Drake, seconded by Councilman Greeley, the ordinance was passed to second reading by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney requested authority to institute quiet title suit on the Balboa Bay Club property and requested that the Council in- Quiet Title suit, struct the clerk to so certify and confirm the authorization. On motion Balboa Bay Club ppty. of Councilman Drake, seconded by Councilman Greeley and carried, the City Attorney's request was granted. The application of George Sanchez to install a reinforced concrete bulkhead on Lot 2, Block 1, Tr. 626, having been approved by the City En- Sanchez, bulkhead gineer, was granted on motion of Councilman Drake, seconded by Councilman Greeley and carried. ' The application of Dr. Lucius B. Phelps to construct a concrete bulkhead on Lot 31, Tr. 884, having been approved by the City Engineer Phelps, bulkhead. was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried: The City Engineer requested that the City Clerk be instructed to call for bids for the removal of certain city buildings, the bids to be Clerk to call for opened at an adjourned regular meeting at 2:00 P.M. Monday, June 19th. bids to remove bld.ga. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the Clerk was so instructed. Mayor Isbell was granted permission to leave the state on motion of Councilman Greeley, seconded by Councilman Blue and carried. On motion of Councilman Drake, seconded by Councilman Blue and car - ried, the meeting was adjourned to 2P00 P.M. June 19th. Mayor ATTEST: City Clerk r "