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HomeMy WebLinkAbout09/25/1950 - Regular Meeting0-S The session in th The Finch, Drake, The dience wished read. No one September 25, 1950. City Council of the City of Newport Beach met in regular council chambers of the City Hall at the hour of 7:30 P.M. roll was called, the following councilmen answering present: Blue, Greeley, Isbell. Mayor asked if any of the councilmen or anyone in the au- the minutes of the previous meeting or any part thereof responded, and the reading of the minutes was waived. Certain demands, having been approved by the Finance Committee and signed by the Mayor and the City Clerk, were ordered paid on motion of Councilman Blue, seconded by Councilman Greeley and the following roll -call vote: AYES, COUNCILMEN: Finch,iDrake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN Ord. 630. W.Side UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF. Strip Annex. NEWPORT BEACH KNOWN AS THE WEST SIDE STRIP PARCEL was ready for second reading, and stated that he had received a petition containing 18 signatures protesting the annexation as unconstitutional, undemocratic and against the laws of fair government. On motion of Councilman Finch, seconded by Councilman Greeley, the petition was or- dered filed, after Mr. John Hincheliff had spoken from the floor urging that it be considered, and the City Attorney had pointed out that under the law governing annexations of uninhabited territory, the City Council could not take recognizance of said petition. On motion of Councilman Blue, seconded by Councilman Finch and carried, reading of the Ordinance was waived. On motion of Councilman Finch, seconded by Councilman Greeley, Ordinance No. 630 was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from the Newport Harbor Chamber.of Commerce commending the City's action in annexing the tract known as Banning No. 1, seaward of Coast Highway, thus preventing oil drilling in the area, was read. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the letter was ordered filed. A letter from Robert M. Allen Jr., Chairman of the Harbor Safety Committee, commending the City and especially the Harbor, Police and Fire Departments for their efficient emergency and communication net was read, and on motion of Councilman Drake, seconded by Councilman Finch and carried, was ordered filed. The City Clerk presented a petition in opposition to the transfer of Ocean Front land in the China Cove issue, containing 32 additional names, and on motion of Councilman Greeley, seconded by Councilman Finch and carried, the petition was ordered filed for con- sideration with the China Cove case. The request of the Newport Beach City Employees' Association for an amendment of the retirement system contract, to enable the City to continue contributions for employees absent on military service, was referred to the City Manager on motion of Councilman Drake, seconded by Councilman Blue and carried. The application of Robert Lighter, President of Platypus, Inc., for a license to do diving commercial in the Bay, was approved on motion of Councilman Greeley, seconded by Councilman Blue and carried. . The application of Thelma S. Bauer and Mabel L. Green for a license to operate a cafe at 608 Coast Highway, Newport Beach, was granted subject to Health Department approvel, on motion of Councilman Finch, seconded by Councilman Greeley and carried. UNFINISHED BUSINESS. The Clerk announced that Ordinance 630, being AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN Ord. 630. W.Side UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF. Strip Annex. NEWPORT BEACH KNOWN AS THE WEST SIDE STRIP PARCEL was ready for second reading, and stated that he had received a petition containing 18 signatures protesting the annexation as unconstitutional, undemocratic and against the laws of fair government. On motion of Councilman Finch, seconded by Councilman Greeley, the petition was or- dered filed, after Mr. John Hincheliff had spoken from the floor urging that it be considered, and the City Attorney had pointed out that under the law governing annexations of uninhabited territory, the City Council could not take recognizance of said petition. On motion of Councilman Blue, seconded by Councilman Finch and carried, reading of the Ordinance was waived. On motion of Councilman Finch, seconded by Councilman Greeley, Ordinance No. 630 was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from the Newport Harbor Chamber.of Commerce commending the City's action in annexing the tract known as Banning No. 1, seaward of Coast Highway, thus preventing oil drilling in the area, was read. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the letter was ordered filed. 466 NE'1-1 BUSINESS. The request of George C. Hiner for the renewal of his lease on the live bait and lunch stand on the Newport pier, at the same terms as in the past, to wit: $1200.00 per year ftth:the stipulation that-.the'pier.beikept. clean; was,presented. Also presented was the offer of John C. Kirk, 102 Me Fadden P1., to modernize the existing building on the pier and to operate the stand and to pay $900.00 per year for the concession of live bait and lunch. Hiner lease renewed The City Manager stated that this was Mr. Hiner-Is 27th year on the Pier, Newport Pier. and on motion of Councilman Finch, seconded by Councilman Blue, the lease rop- 4 - was awarded to Mr. Hiner as the high bidder, by the following roll call - vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: The Oath of Office of the City of Newport Beach seconded by Councilman Drake Finch, Drake, Blue, Greeley, Isbell None None of Earl M. Stoneback as a police officer was approved on motion of Councilman Greeley, and carried. The offer of Mrs. Ann Neitz of $1000.00 for Lot 2 in Block 33, Lake Tract, submitted through the N. B. C. Realty Co., was read, and on Res. No. 3883. motion of Councilman Drake, seconded by Councilman Greeley, Resolution Sale of land to No. 3983, being a Resolution accepting the offer and selling said proper - Ann Neitz. ty to Mrs. Ann Neitz, a widow, was adopted by the following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A letter from Hugh K and Esther M. Nickerson, 708 Acacia Ave., Corona del Mar, relative to a row of eucalyptus trees planted on adjacent property, which the complainants stated constituted a nuisance, was read. On motion of Councilman Finch, seconded by Councilman Drake and carried, the letter was referred to the City Manager. The Clerk announced that this was the time and place for opening bids for 200 cubic yards of concrete for the Corporation Yard. The follow- ing bids were opened and read: 1. Welch's Ready Mixed Concrete: - - - - $1868.00 2. -South Coast Materials Co. - - - - - - 1990.00 The City Engineer recommended that the bid be awarded to Welch °s Corp,Yard paving Ready Mixed Concrete, being the low bidder, and on motion of Councilman contract awarded Blue, seconded by Councilman Finch, the contract was so awarded by the to Welch. following roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk notified the City Council that this was the time and place fixed for the opening of bids, pursuant to Notice Inviting Bids for the grading, paving and otherwise improving certain alleys between Ele- venth and Nineteenth Streets, as contemplated by Resolution of Intention Bids for paving No. 3819, and also reported that he had received three bids, which bids alleys, 11th - 19th were publicly opened, read, examined and declared as follows: Sts. 1. ,Griffith Company - - - - - - - - - $22,943-82 2. Sully- Miller Company - - - - - - - 23,080.55 3. John J. Swigart Co. - - - - - - - 20,423.25 Reference is hereby.made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of work to be done. On motion duly made and carried, all bids were referred to the City Engineer for checking and report. The City Engineer reported that he had tabulated all bids re- ceived for the grading, paving and otherwise improving certain alleys be- Res. No. 3886 tween Eleventh and Nineteenth Streets, as per Resolution of Intention No. 3819, and finds that the bid of John J. Swigart Co. is the lowest, regular bid submitted for said improvement. Said motion was seconded by Councilman Blue, 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 Resolution No. 425 of the Planning Commission, being a Resolution approving a variance to A. S. D'Agostino in front -yard set back of 6 feet from the street, was concurred in on motion of Councilman Finch, seconded by Councilman Greeley and the following roll -call vote: AYES, COUNCILMEN: Finch,Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 4®? P1a.n.Com.Res.425 D °Agostino Variance granted. 127 Jade Ave. Bal.Is. Resolution No. 426 of the Planning Commission, being a Resolution approving a 50% front yard variance to Charles M. Cotton on Lots 4, j, end the Westerly half of 6, Block 24, East side Addition to Balboa Tract, was P1an.Com.Res.426 concurred in on motion of Councilman Blue, seconded by Councilman Greeley Cotton Variance and the following roll -call vote: granted. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A petition bearing 17 signatures of property owners, requesting reclassification of certain property as R -4, said property being bounded by Atwater, Adams, Bay and Fernando Streets in Balboa, was presented. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the petition was ordered filed for study with the Planning Commission at a later date. A. B. West, President of the Ocean Front Beach Protective Asso- ciation, presented petitions containing approximately 400 signatures re= questing the City Council to instruct the City Engineer to make a survey to determine the possible cost of constructing an inland water way from the Jetty to the Newport Pier. On motion of Councilman Drake, seconded by Councilman Greeley, the petition was referred to the City Engineer for the preparation of such report as could be submitted without entailing the expense of outside consultants. Petition, R -4 for Balboa property Petition, Inland Water Way The City Attorney presented Ordinance No. 631, being an ordinance amending the Municipal Code to establish certain streets within the City Ord. 631 Introduced.. as one -way streets, stop streets, through streets and angle- parking streets. On motion of Councilman Greeley, seconded by Councilman Blue and carried, reading of the Ordinance waa waived. On motion of Councilman Blue, seconded by Councilman Greeley, Ordinance No. 631 was passed to second reading by the following roll -call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN The City Attorney preparation of an ordinance within the City. Finch, Drake, Blue, Greeley, Isbell None None reported that progress was being made in the requiring the registration of communists On motion of Councilman Greeley, seconded by Councilman Drake, Resolution No. 3884, being a resolution granting an easement of three feet for pipeline purposes on Lot 14, Tract 234, was adopted by the fol- lowing roll -call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager stated that the Newport Harbor Realty Board had agreed.to re- appraise land values in the City for the sum of $1500.00 and recommended that such re- appraisal be made. On motion of Councilman Drake, seconded by Councilman Blue, Resolution 3885, authorizing the ap- praisal, was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer was instructed to prepare plans and specifi- cations for the re- paving of streets in the Municipal Trailer Park, on motion of Councilman Drake, 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 The City Engineer presented a report concerning the proposed Access Road on Ocean Blvd., Corona del Mar, accompanied by signed de- clarations concerning restrictions covering properties on the Ocean side of Ocean Boulevard between the southwesterly prolongations of Larkspur Avenue and Poinsettia Avenue. It was noted that portions of Lots 14 and Passed. to 2nd read. Communist Registration to be obligatory Res. 3884. Easement for Pipelire Res. 3885. Reap- praisal of City land. Trailer, Park streets to be re- paved. Access Road. Ppty. Restrictions. it L CORRECTION A. B. West, President of the Ocean Front Beach Protective Association, presented petitions containing approximately 400 signatures requesting the City Council to instruct the City En- gineer to make a survey to determine the possible cost of con- structing an inland waterway from the Jetty to the Newport Pier. On motion of Councilman Drake, seconded by Councilman Greeley, the petition was referred to the City Engineer for preparation of a report on the cost of such a survey, not only with outside engineering assistance, but what it would oust his department. The motion was carried. Petition, Inland Waterway, Jetty to Newport Pier. W Ls,sa Hearing. Re- zoning proposal, CDM & Little Balboa Is. 13, Tract 1026, were not covered by signatures, but since this property is at the extreme northwest end of the proposed district, the City Engineer recommended that the district be modified to exclude this property. On motion of Councilman Drake, seconded by Councilman Blue and carried, the report was referred to the Planning Commission for study and report con- cerning the requested elimination of the 10 foot set back provision af- fecting these properties. Mayor Isbell announced that this was. the time and place set for the public hearing on the proposed zoning ordinance prepared by the Planning Commission and. submitted to the City Council at its last meeting. The Mayor declared the hearing open. Mrs. R. Weigand asked why the two and one -half blocks of Ocean Front between C and D Streets on the Peninsula were left in R -1 when they were surrounded by R -3 property. Mr. Longmoor said that action was taken because of protests, and Mr. Ed Allen then questioned the .zoning of city - owned property on Ocean Front as R -1. Mr. Wise, the planning consultant, pointed out that all lands, whether owned by the City or not, were zoned as a protection against possibly unfavorable use. Mr. R. H. Baldwin stated that he was interested in Block 131, Corona del Mar, and that he would have to sell if it were not rezoned to R -2. Mr. Allen Stelle stated that he op- posed the R -2 zoning and preferred the R -1 because in his opinion the R -2 would bring more cars and more people to the neighborhood. Mr. K. R. Swift objected to changing the zoning of Little Balboa Island to R -1, stating that many owners planned when purchasing their property to have more than one unit on a lot. Mr. Lester Kelly stated that the number of cars on Little Island was deceptive because most of them were . transient, or fishermen's cars. Mr. Wise stated that the proposed R -1 zoning of Little Island was to reduce congestion. He said there are approximately 35 legal R -2 homes on the Island against 260 -odd R -1 homes. Mr. Sailors reported that 70 cards, returned in a poll taken of Little Island, were against rezoning, and 40 were in favor of it. Mr. R. Kellogg asked if it was customary to take a poll before a change is made in zoning. He said this was the first he had heard of the proposed re- zoning, and Mr. Longmoor pointed out that the City had been working one and a half years on the project. Mr. Harry Black asked how long it would take to get another bridge between the Big and Little Islands, and Mr. Longmoor stated that the Planning Commission had no jurisdiction over bridges. Mr. Strobenheit remarked that the public pier on Park Ave. is being used by com- mercial fisherman to pick up and discharge passengers, with the result that the parking situation becomes congested. -Mr. Isbell referred Mr. Strobenheit to the7 City Manager stating that that question had been gene into in some de- tail several years ago. The Mayor stated that in view of the interest in the proposed re- zoning, he believed another opportunity should be given the citizens to ex- press their views, and accordingly would continue the hearing until Monday, October 9th, at 7:30 P. M. On motion of Councilman Blue, seconded by Councilman Greeley, the meeting was adjourned, sine die. ATTEST: CITY CLEM