HomeMy WebLinkAbout10/09/1950 - Regular MeetingOctober 9th, 1950.
The City Council of the City of Newport Beach met in regular
session 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 au-
dience wished the minutes of the previous meeting or any part thereof,
read. Councilman Drake requested a change in the minutes of September
25th regarding the petition of the Ocean Front Beach Protective Asso-
ciation for a survey to determine the cost of constructing an inland
waterway. He stated that it was the intent of his motion that the City
Engineer submit to the Council the estimated cost, "not only with out-
side engineering assistance, but what it would cost his department ".
On order of Mayor Isbell, the minutes were ordered changed, and fur -
ther reading was waived.
The City Clerk administered the Oath of Allegiance to the
Council, the City Manager, the City Engineer and the Deputy City
Clerk, and in turn was sworn in by Mayor Isbell.
The monthly report of receipts and disbursements was presented
and was ordered filed by the Mayor.
The regular monthly demands, having been approved by the Fi-
nance Committee:;: and signed by the Mayor and City Clerk, were pre-
sented for approval. Councilman Drake stated that unless the
demand for $720.00 payment for professional services of an architect
for the proposed addition to the Public Library was excluded, he
would vote against approval of the demands. Mr. Drake was assured
by the City Manager that this demand had not been included, and on
motion of Councilman Greeley, seconded by Zouncilman Blue, the de-
mands were ordered paid by the following roll call vote:
AXES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
COMMUNICATIONS.
A letter from Diehl '�c Company offering to audit the accounts
and records of the City of Newport Beach for the fiscal year ending
June 30th, 1951, for the amount of $1000.00, and to make an audit
report on the operations of the Newport Bay Company for the amount
of $375.00, was read. On motion of Councilman Drake seconded by
Councilman Finch, the offer was accepted, and Diehl L Company were
employed by the following roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The Newport Bay Company, operating the Balboa Bay Club, re-
quested approval of certain percentage payments to the City in lieu
of the flat 5% provided in the basic lease. The proposals were as
follows:
"The Newport Bay Company to pay the City of Newport Beach
2% of the gross sales of all off -sale liquor.
"The Newport Bay has a sub -lease with Piper - Johnson for a
.clothing store. The rental received is 10,% of the first thousand,
each month, 7E% of the second $1000.00 and 1% of the balance, each
month.
"It is requested that the Newport Bay Company pay the City
of Newport Beach 2 % of the first $1000.00 received, 2� of the second
$1000.00, and l-b of the balance each month.
"The Newport Bay Company has a sub -lease with Service Afloat,
which calls for a flat rental of $1,350.00 a year. It is requested
that the Newport Bay Company pay the City of Newport Beach the sum
of $337.50 of this rental in lieu:-of 5% of the gross business."
Councilman Finch suggested that the amended lease be set up
on the same basis as the existing lease, from September let 1949
to Se tember 1 1951, subject to renewal if there are no objections.
City anager Sailors advised the Council that the percentage payments
should be considered as covering the period September 1, 1949 to
August 31, 1951, On motion of Councilman Finch, seconded by Coun-
cilman Greeley, the proposed percentage payments were referred to
the City Attorney for draft of an agreement amending the lease to
include the payments as specified, by the following roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
4®9
Requested correction
of Sept. 25th minutes
by C. Drake.
Oath of Allegiance.
Demands approved
Diehl '�c Co. to audit
1950 -51 accounts.
Inc. t. Bay Co.
Newport Bay Co.
Suggested % payments.
Amended Lease.
City Atty. to draft lease.
� t ill
NEW BUSINESS.
Resolution No. 3830, being a resolution approving a first supple-
mental memorandum of agreement for expenditure of gas tax allocation money
Res. 3830. for major city streets, having reference to Bay Avenue between Balboa Blvd.
Bay Ave. Imp. and the Bay, was adopted on motion of Councilman Greeley, seconded by
by Gas Tax Funds. Councilman Blue and the following.roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMENI: None
The Oath of Office of Douglas H. Buell as a police officer of the
City of Newport Beach was approved on motion of Councilman Finch, seconded
by Councilman Drake and carried.
The City Engineer presented plans and specifications for 1900 lineal
feet of 12" corrugated metal pipe to be used in the drainage of Balboa Blvd.
Metal pipe for On motion of Councilman Drake, seconded by Councilman Greeley, specifications
Balboa Blvd. To were approved, and the City Clerk was instructed to call for bids, by the
call for bids. following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The application of "Chesley E. Osborne for a permit to construct a
pier and float on a portion of Lot "D" in Corona del Mar, having been
Osborne, Pier & approved by the Harbor Commission, was granted on motion of Councilman
Float. Greeley, seconded by Councilman Blue and carried.
The City Manager reported that he had investigated the complaint
Nickerson, complaint of Mr. and Mrs. Hugh R. Nickerson of Corona del Mar regarding certain ell-
on Eucalyptus trees. calyptus trees, and had found that there was no City ordinance applicable.
The City Manager reported that T. Weston Jay, executive officer
of the Disaster Council, had resigned, and recommended the appointment of
Carl Hanna to the office. Mayor Isbell made the appointment, which was
confirmed on motion of Councilman Finch, secohded by Councilman Greeley
and carried.
A letter from the City Employees' Association, pointing out that
certain requests had been made on May 8th, 1950, and asking a decision
thereon, was read. Mayor Isbell and other members of the Council stated
Letter from City
that problems had been created by the proposed elimination of the personal
Emp. assn. Requests
property tax on the November 7th ballot, and the-Korean situation. The
deferred for further
Mayor stated that plans were being considered to adjust the wage scale in
study by Council.
accordance with the increased cost of living. Councilman Finch moved that
the request be given further study and consideration. The motion was se-
conded by Councilman Greeley and carried.
A petition containing two additional signatures protesting the
annexation of the one foot so- called "West Side Strip ", was read. On
Petition re W.Side
motion of Councilman Drake, seconded by Councilman Blue and carried,
Strip
the petition was ordered filed.
The license application of Charles 0. Drake to operate a sea food
cafe. at 1125 Coast Highway, having been approved by the
County Health Of-
ficer, was granted on motion of Councilman Blue, seconded by Councilman
Greeley and carried.
UNFINISHED BUSINESS.
Ordinance No. 631, being
AN ORDINANCE AMENDING SECTION 3252 OF THE MUNICIPAL
Ord. 631. Stop,Thru,
CODE AND ADDING SECTIONS 3250.1, 3252.1, 3252.2 AND
1-way Sts.
32.68.1 THERETO, PROVIDING FOR THE DESIGNATION OF
Angle Pkg.
ONE -WAY STREETS, THROUGH STREETS, STOP STREETS AND
ANGLE PARKING
was presented for second reading. On motion of Councilman Finch, seconded
2nd reading
by Councilman Greeley and carried, the reading of the ordinance was waived.
On motion of Councilman Finch, seconded by Councilman Greeley, Or-
Adopted.
dinance No. 031 was adopted by the following roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
NEW BUSINESS.
Resolution No. 3830, being a resolution approving a first supple-
mental memorandum of agreement for expenditure of gas tax allocation money
Res. 3830. for major city streets, having reference to Bay Avenue between Balboa Blvd.
Bay Ave. Imp. and the Bay, was adopted on motion of Councilman Greeley, seconded by
by Gas Tax Funds. Councilman Blue and the following.roll call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMENI: None
The Oath of Office of Douglas H. Buell as a police officer of the
City of Newport Beach was approved on motion of Councilman Finch, seconded
by Councilman Drake and carried.
The City Engineer presented plans and specifications for 1900 lineal
feet of 12" corrugated metal pipe to be used in the drainage of Balboa Blvd.
Metal pipe for On motion of Councilman Drake, seconded by Councilman Greeley, specifications
Balboa Blvd. To were approved, and the City Clerk was instructed to call for bids, by the
call for bids. following roll -call vote:
AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The application of "Chesley E. Osborne for a permit to construct a
pier and float on a portion of Lot "D" in Corona del Mar, having been
Osborne, Pier & approved by the Harbor Commission, was granted on motion of Councilman
Float. Greeley, seconded by Councilman Blue and carried.
The City Manager reported that he had investigated the complaint
Nickerson, complaint of Mr. and Mrs. Hugh R. Nickerson of Corona del Mar regarding certain ell-
on Eucalyptus trees. calyptus trees, and had found that there was no City ordinance applicable.
The City Manager reported that T. Weston Jay, executive officer
of the Disaster Council, had resigned, and recommended the appointment of
Carl Hanna to the office. Mayor Isbell made the appointment, which was
confirmed on motion of Councilman Finch, secohded by Councilman Greeley
and carried.
HEARING ON PROPOSED ZONING ORDINANCE.
Mayor Isbell announced that the continued hearing on the proposed
zoning ordinance of the City of Newport Beach was open. The following
communications were read by the City Clerk:
A petition bearing 103 signatures urging a C -3 zone to replace
the proposed 0-1 zone in Corona del Mar.
A letter from J. H. Miller protesting the re- zoning of Lots
72 - 75 in Balboa Coves, from C -1 to R -3.
A letter from g. L. Crutcher, regarding parking requirements
for retail business.
A petition bearing 12 signatures asking that Block 19, East
Side Addition to Balboa, be zoned R -3.
A petition bearing 17 signatures asking that Ocean Front
Lots 14 to 23, Block 11, East Newport, be zoned R -1.
Also miscellaneous individual communications.
Councilman Drake moved that the above petitions and commu-
nioations be placed on file with preceding material to be reviewed
at a joint meeting of the City Council with the Planning Commission.
The motion was seconded by Councilman Greeley and carried.
H. E. Wilson, 320 Iris Ave., Corona del Mar, urged that Block
131 be made R -3 instead of R -2. R, H. Baldwin, 205 Diamond Ave., Bal-
boa Island, urged that the Council adopt the Planning Commission's
recommendation of R -2 for Block 131. Allen Stelle cited the assessed
valuation of properties involved and spoke in favor of maintaining
the R -1 zone. Mr. Lev also urged R -1. Mr. Baldwin, Verne Watson,
Mr. E. H. Spicer and Mr. Wilson spoke in favor of R -2.
Mrs. Hillard of Little Balboa Island presented a map showing
the multiple family residences now existing there. She stated that
only four vacant lots remain.
Mr. Marsac of Corona del Mar urged the Council to consider
the Eroposed C-3 zoning of the Coast Highway district, Corona del Mar.
Mr. ongmoor, Chairman of the Planning Commission, pointed out that
the C -1 requirements of the proposed zoning ordinance had been
' greatly liberalized. He further stated that there is no C -3 zone
in the proposed ordinance.
Mr. Kelly of Balboa Island asked if there had been any change
in the results of the poll of Little Island residents and was informed
by Mr. Sailors that there was no change. Mr. Kelly stated that the
automobile traffic on Little Island was not representative of the
residents because of the number of transients fishermen and people
who had lost their way. Mr. Riley of Balboa fsland urged that Little
Island be retained in the R -2 zone.
Roy L. Dahlgren of Balboa Coves protested the change from
C -1 to R -3 of six lots fronting on the Coast Highway in that tract.
Mr. Lavignino, also of Balboa Coves, presented a petition protest-
ing the change, pointing out that there never was any intention to
use these lots for multiple unit purposes.
Mr. Longmoor, referring.to Mr. Crutcher's letter regarding
off- street parking, pointed out that the new ordinance does not make
any requirement for off - street parking in the instance referred to.
After some discussion, Councilman Drake suggested that the
hearing be continued until November 27th, and so moved. The motion
was seconded by Councilman Finch and carried.
On motion of Councilman Greeley, seconded by Councilman
Blue and carried, the meeting was adjourned, sine die.
. . / I- �J
ATTEST: mayor
'11�� xe
�Z'3ty Clerk
Petitions on Zoning
Re Zoning -
Discussions from
the floor.
6DM zoning
Little Bal.1sl.-
CDM Coast Hwy
Little Balboa Isl.
Balboa Coves
Hearing to be contd.
Nov. 27.