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HomeMy WebLinkAbout04/09/1951 - Regular Meeting456 April 9th, 1951. AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 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. No one responded, and reading of the minutes was waived. The regular monthly demands were approved 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 The Mayor announced that the monthly report of receipts and dis- bursements was on file in the office of.the City Clerk. On motion of Coun- cilman Greeley, seconded by Councilman Blue and carried, the report was or- dered filed. On motion of Councilman Drake, seconded by Councilman Blue and carried, the regular order of business was waived to permit the opening of bids. The City Clerk then opened the following bids for the installation of .3299 lineal feet of 24 inch diameter reinforced concrete cylinder pipe: 1. J. I. Gallacher - $6,925.80 Pacific Pipeline Const. Co. 2. Pacific Pipeline Const. 6,365.14 Awd. Contract for 2411 A.B.C. Constr. Co. - - 9,495.o6 Concrete pipe 4. J.S. Barrett - - - - - - 6,497.06 RES. 3573 The City Engineer recommended that the bid of the Pacific Pipe- line Construction Co., being the low bidder, be accepted, and on motion of Councilman Drake, seconded by Councilman Blue, the contract was so awarded, and the Mayor and City Clerk authorized to execute the contract by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk then opened the following bids for 1000 lineal feet of 12 inch corrugated metal pipe: 1. Consolidated Western Steel Corp. - - - - $1, 750.00 Pac. Corrug. Culvert 2. Pacific Corrugated Culvert Co. - - - - - 1,b50.00 Awd. Contr. for 1211 3 Armco Drainage-_& Metal Products - - - - 1,870.00 metal pipe 4. Southern Pipe & Casing Co. - - _ - _ - _ 1,791.00 The City Engineer recommended that the contract be awarded to the Pacific Corrugated Culvert Co., the low bidder, and on motion of Councilman Blue, seconded by Councilman Finch, the contract was so awarded, and the Mayor and City Clerk authorized to sign the same, by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None = The City Clerk then opened the following bids for the furnish- ing and installation of 405 lineal feet of 18 inch 12 gauge corrugated J.I.Gallacher awd. metal pipe: [Rontract for 1811 Metal pipe. 1. J. I. Gallacher - - - - - - $2,733.75 Res. 3872 2. J. S. Barrett - - - - - - - 4,596.75 On motion of Councilman Finch, seconded by Councilman Blue, the contract was awarded to J. I. Gallacher, the low bidder, and the Mayor and City Clerk were authorized to execute the same, being Resolution No. 3872. On motion of Councilman Drake, seconded by Councilman Greeley, the regular order of business was resumed. HEADS OF DEPARTMENTS. ' The City Manager reported that he had checked the application for Winburne appl. for an exempt business license filed by George x. Winburne, and found that Mr. Exempt Lie. denied Winburne had no disability rating with the Veterans' Administration. On motion of Councilman Finch, seconded by Councilman Blue and carried, the license was denied by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 457 The City Manager reported that the application of the Nutrilite Foundation for a shore mooring in the turning basin for the motor ship Oceania, had been presented to the Joint Harbor Committee. He stated Mooring for that the Joint Harbor Committee felt that this mooring area had been Nutrilite Foundation created on a temporary basis only, and recommended disapproval of any Ship Oceania denied additional moorings in the locality. On motion of Councilman Finch, seconded by Councilman Drake and-carried, the application was denied. COMMUNICATIONS. A letter from the Newport Harbor Chamber of Commerce stating ' that in view of the high cost Indicated by bids for completion of the proposed ship - office for the Chamber, and also in consideration of Chamber of Commerce the National Emergency, the Chamber had decided to give up the project. Ship Office Abandoned On motion of Councilman Finch, seconded by Councilman Greeley, the City Attorney was instructed to prepare Resolution No. 3875 cancelling RES- 3875 the existing agreements between the City an& the Chamber of Commerce for the conversion of the boat, and the resolution was adopted by the -" following roll call vote: n ' AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Finch, seconded by Councilman Gree- ley and carried, the problem of disposal of the ship was referred to the City manager. The request of the City Employees' Association for an increase of $25.00 monthly in the basic salary schedule to meet the increasing cost of living, was read. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the request was referred to the City Employees request for Manager with instructionsto make a study of the possibility for com- Cost of Living Raise pensating for increase and decrease in the cost of living in the forth- coming budget. A letter from Seaport Landing, Inc., requesting a concession at the Balboa Pier for the purpose of loading and unloading passengers for barge fishing, was read, together with a letter from the Balboa Improvement Association, pointing out that the pier was not built for Seaport Landing Inc. such a concession, and that its granting was disapproved by the Assoc- Request denied. ciation. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the application was denied. A letter from the west Newport Improvement Association ex- pressing the approval of that body of the Central Newport Civic Asso- ciation in recommending removal of the Standard Oil Tanks in the 18th Re Standard 011 Tanks Street area was read, also a letter from the Pacific Board of Fire Underwriters, btating that the conditions described do not meet the standards of the National Board of Underwriters. On motion of Council- ... man Drake, seconded by Councilman Finch, the City Manager was instructed to arrange a conference with Standard 011 Company officials and Southern Counties Gas Company officials, to see if the removal of the tanks in this area could not be arranged. The motion was carried. A letter from Walter G. Franz, president of the South Coast Company, requesting renewal of the existing lease held by the company - on City property, which expires April 1, 1952, at the present rate of Renewal of South Coast $90.00 per month, in consideration of the fact that the company will Lease expend approximately $2,350.00 to install a bulkhead, remove and re- Res.. S -e�- place present concrete pavement in connection with the installation, was read. On motion of Councilman Drake, seconded by Councilman Gree- ley, the Mayor and City Clerk were autthorized to execute renewal of the lease for five years with the stipulation that the requested option for renewal for an additional five years be granted, under the condi- tion that the rental be determined at the time of the second renewal in 1957. The motion was carried by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None _ The license application of Joseph L. Kamer to operate the "Red Snapper" cafe at 632 Coast highway, Newport Beach, having been J.L.Kamer License approved by the Health Officer, was granted on motion of Councilman -blue, seconded by Councilman Greeley and carried. The application of Mrs. Eleanor Anderson to sell bakery goods at Boardman's Market, Balboa Island, was granted subject to Ar•s. E.Anderson approval of the Health Officer, on motion of Councilman Greeley, se- Bakery License conded by Councilman Drake and carried. The application of Bertha Davidson to operate the Kozy Kor- B. Davidson Cafe ner Kafe was granted on motion of Councilman Blue, seconded by Coun- Kozy Corner License cilman Greeley and carried, having been approved by the Health Officer. The application of Eleanor B. Folk to operate the "Farm House" a poultry and egg store on Balboa Island, having been approved by the E.B. Folk to operate Health Officer, was granted on motion of Councilman Finch, seconded "Farm house11 by Councilman Greeley and carried. 458 The application of the Balboa Rendezvous Ballroom Inc., to operate the dance hall, was granted on motion of Councilman Greeley, seconded by Councilman Finch and carried. UNFINISHED BUSINESS, HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", DIVISION , IV OF THE STREETS AND HIGHWAYS CODE. The City Clerk reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engineer of said City for the grading, paving and otherwise improv- ing certain alleys lying Northeasterly of Coast Blvd., between Dahlia Hearing, CDM Alleys and Poppy Avenues, and approved by the City Council of said City on the N. of Coast Blvd. 26th day of February, 1951, in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest , Act of 1931" of the Streets and Highways Code, to -wit: Monday, the 9th day of April, 1951, being the day, and the chambers of the City Council being the place fixed for such hearing. The Clerk also reported that on the 7th day of March, 1951, he deposited or caused to deposited in the United States Mail, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Sections 2851, 2852 and 2853 of said Code, and that an affidavit in proof of said mail- ing is now on file in the office of the City Clerk and of the City Coun- cil of said City; and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said matter, pursuant to said Code. The Mayor of the said City of Newport Beach, being the presid- ing officer of the City Council, then announced that the first order of the hearing would be the reading of the said written report, except as to the map, plat or diagram, and the assessed valuations and true val- uations of, and the assessments and estimated assessments upon the in- dividual parcels of land, before protests would be considered. the Mayor. Thereupon, the Clerk read said written report so defined by The Mayor then inquired of the Clerk whether any written pro- , tests or objections to the doing of the things proposed in said written report had been filed with him in said mentioned matter. The Clerk re- ported that several written protests had been filed with him prior to Protests the time set for the hearing, by the following persons: J. T. Malaby and others representing Parcels Nos. 301, 302, 645,654,36o6,466�3387�36 43, 4o, 41, 632 633, 642, 643, 644 boo, 641, 645, 6 3 , 631, 630, 629, t37, 638, 639, 647, 848, 349 to 352, 56�, 564, 571 584, 569, 570, 574, 585, 5931 579, 561, 582, 355, 5789 745, 567, 305, 11, 577, 353, 576, and each and every protest so filed were then read, reference being hereby made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any persons, who would be entitled to protest or object to the doing of the things proposed to be done, de- sired to make oral protests or objections, and stated that such persons would now be heard. Mrs. W. B. Thummel, Parcel No. 756, G. H. Minnet, Parcel No. 10, William English, Parcels No. 153, 154 and 321, protested from the floor. On motion duly made and carried, the hearing was continued un- til 7 :30 P.M. April 23, 1951, and in the meantime, the City Engineer was To be continued instructed to file a report of the elimination of the paving, drainage and appurtenances in Block 736. The motion being made by Councilman drake, was seconded by Councilman Greeley and carried by the following roll call vote, to -wit: I AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS9 A petition and waiver for construction of a sanitary sewer sys- tem southwest of Ocean Blvd., Corona del Mar, bearing signatures represent - Petition for Sanit. ing 64.2% of the property owners in the proposed district, was presented, Sewer System, So. of accompanied by a petition asking the City to pay for a portion of the Ocean Blvd. CDM cost of the sewer pumping station included in the project. It was pointed out that the pumping station serving the Bluff would also serve the main beach at Corona del Mar. On motion of Councilman Finch, the City Engineer was instructed to take steps for the formation of an assessment district. This was seconded by Councilman Drake and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN`: None ABSENT COUNCILMEN: None 459 . A petition and waiver for installation of an ornamental lighting system for Tract 1011, Balboa Coves, bearing signatures representing 65% of the property owners in the proposed district, was presented. The question of whether or not the district could be formed in streets not Balbm ,-. Coves dedicated for public use was raised by the City Attorney, and on motion Street Lights of Councilman Drake, seconded by Councilman Blue and carried, the bids were referred to the City Attorney and City Engineer for study and report. ORDINANCE N0. 636, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH CREATING A PARR, BEACH AND RECREATION COMMISSION PROVIDING FOR THE APPOINTMENT OF THE MEMBERS THEREOF, SETTING FORTH THE - POWERS AND DUTIES OF SAID COMMISSION was presented for first reading. On m ,9tion of Councilman Blue, seconded by Councilman Greeley, reading of the wrdinance was waived. ' On motion of Councilman Blue, secord ed by Councilman Greeley, Ordinance No. 636 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 read an opinion requested by the West Newport Civic Association as to the validity of the City ordinance governing drilling for oil, and as to the validity of the existing Jergens Oil Lease. The City Attorney stated that in his opinion the ordinance governing dril- ling for oil was valid, and suggested that inasmuch as the holder of the oil lease had not yet questioned its validity, it would be time enough to submit a report on that phase of the question when, as and if the holder of the lease doubted its validity. Councilman Drake moved that the Parks and Recreation Committee, which will be replaced by the Park and Recreation Commission proposed under Ordinance No. 636, be dismissed with thanks for all their efforts in behalf of the City. The motion was seconded by Councilman Finch add carried. The application of L. C. Breer to relocate an existing float on Lot 19, Block 19, Section III, Balboa Island, having been approved by the Joint Harbor Committee, was granted on motion of Councilman Gree- ley, seconded by Councilman Blue and carried. Ordinance 636. Creating Park & Rec. Commission Re Validity of Jergens Oil Lease Park 61 Rec. Com- mittee dism"AaeO Breer Float. The application of G. E. Silver to remodel a slip -float on Lots 439 and 440, Tract 907, was granted under the stipulation that Silver, slip float should either lot be sold, the float would be removed from the front of Lot 440, on motion of Councilman Greeley, seconded by Councilman Finch and carried. The application of C. S. Brokaw to construct a sea wall at Lot 11, Block 5, Tract 626, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. The application of Robert Callis, General Petroleum Co., to set two pilings and build a 10 x 14 ft. pier at Lot 13, Block 220, Sec- tion A, Newport Beach, was granted on motion of Councilman Greeley, se- conded by Councilman Finch and carried. The City Manager reported that he had investigated the prob- lem of fueling boats from the County dock, raised at the last meeting of the Council, and on motion of Councilman Finch, seconded by Council- man Drake, it was voted to charge $100.00 for a fueling fee, make in- spection by the Fire Chief compulsory, and restrict the operation to the County Dock. Councilman Finch further included in his motion that the City Attorney be instructed to draft an ordinance to the above ef- fect. The motion was 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 City Manager stated that the Carnation Avenue launching ramp had been the cause of complaints because of disturbances created ' by users of the ramp. Councilman Finch stated that in his opinion the location was not suitable for a launching ramp because of the rapid building up of this section, and moved that the ramp be removed. The motion was seconded by Councilman Drake and carried by the following roll -call vote: AYES COUNCILMEN: Finch, Drake, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None T Brokaw, Sea wall R.L.Callis, Piling= County Dock Fuel- ing Boats Carnation Ave. Ramp to be closed. m On motion of Councilman Finch, seconded by Councilman Greeley and carried, the meeting was adjourned, sine die. a or ity Clerk C Councilman Finch stated that he would like to move that the matter of finding a new location for the ramp be referred to the City To find new ramp Manager, and that the matter of cleaning up the beach there be referred location to the Park Commission. The motion was seconded by Councilman Greeley and carried. Councilman Drake, in a letter of resignation, stated that be- Councilman Drake cause of a prolonged absence from the City, he wished to tender his Resigns.. resignation as a member of the City Council, and suggested that a resident of Balboa Island be appointed to fill his place. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the resignation was accepted. Maurie Stanley, speaking from the floor, asked that a resolu- tion be adopted authorizing the Fire Department to respond to calls from Newport Harbor Union High School. He cited a minute resolution extant Re Fire Protection of since 1930, and suggested that it might be advisable to bring this au- Harbor High School. thorization up to date. On motion of Councilman Finch, consideration of the annexation of the High School as a means to provide fire protection along with the water and sewer service now furnished by the City, was referred to the City Manager. The motion was seconded by Councilman Blue and carried. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the meeting was adjourned, sine die. a or ity Clerk C