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HomeMy WebLinkAbout05/28/1951 - Regular Meeting476 May 28th, 1951. 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 members answering present: Finch, Ramsey, 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 the reading of the minutes was waived. Certain demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, were ordered paid on motion of Councilman Finch, seconded by Councilman Blue and carried by the follow- ing roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS. The City Manager stated that the City is now required to pay up to and including 30 days° pay to all personnel entering the military ser- Extra 30 days pay for vices, and requested authority to pay the following employees who had en- Employees in Military tered military service in the past year: Service authorized. Jack Croughan James Frost John R. Palen The payment was ordered on motion of Councilman Blue, seconded by Councilman Greeley and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Chief of Police, having reported favorably on the application of C. J. Timmers to operate two amusement games at 711 and 713 Edgewater, Timmers, 2 games Balboa, the application of Mr. Timmers for a license was granted on motion approved. of Councilman Greeley, seconded by Councilman Ramsey and carried by the fol- lowing roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None George P. Wilson, President of the Newport Harbor Lawn Bowling Association, requested representation from the City Council and the Park, Beach and Recreation committee at the annual tournament to be N.H. Bowling Assn. held on June 16th. Mayor Isbell pointed Councilman Ramsey and Francis Tournament. Horvath, and on motion of Councilman Blue, seconded by Councilman Gree- ley and carried, the appointments were confirmed and the letter ordered filed. A letter from Dorothy O'Donnell requesting an explanation of the Sanitary Sewer Assessment recently imposed on the 47th Street area was read, O'Donnell re sewer and on motion of Councilman Greeley, seconded by Councilman Ramsey and car - assessment ried, the letter, having been answered by the City Engineer, was ordered filed. A request from the Shamrock Drilling Co. to purchase water for a well -site near the intersection of Hamilton and Bushard Road was read, Shamrock Drilling Co. and on motion of Councilman Finch, seconded by Councilman Greeley and Request for water carried, the request was denied. denied. A letter from Dr. William Mulvehill, requesting the removal of two eucalyptus trees in front of 214 Coral Ave., Balboa Island, the let- ter being accompanied by the statement of 11 nearby property owners that Mulveh "11 , trees. they had no objection to the removal, was read, and on motion of Council - Req. removal of. man Greeley, seconded by Councilman Ramsey and carried, was referred to the City Manager for investigation. The City Attorney, having reported that in his opinion the appli- cation of Virginia Sloan for an exempt license to solicit business ikLL the City should be denied because of lack of Interstate Commerce qualifications, Sloan, Exempt lic. the applicant having a place of business in Long Beach, Calif., the council denied. denied the license on motion of Councilman Finch, seconded by Councilman Ramsey and carried. The application of Delaven D. Freitag for an exempt license to sell newspapers (single copy sales) in the City of Newport Beach, was Freitag, Nsp.,ex. granted on motion of Councilman Finch, seconded by Councilman Greeley and Lie. Granted. carried. The application of Bruce B. Card and Harry Bemoll, doing business ' as Davy Jones' Locker, for a license to operate a bait receiver at 817 Card- Bemoll, aopl. Coast Highway, Newport Beach, was tabled pending action on an ordinance to pperate bait regulating bait receivers, on motion of Councilman Greeley, seconded by receiver. Tabled. Councilman Blue and carried. The Chief of Police, having reported favorably on the application of C. J. Timmers to operate two amusement games at 711 and 713 Edgewater, Timmers, 2 games Balboa, the application of Mr. Timmers for a license was granted on motion approved. of Councilman Greeley, seconded by Councilman Ramsey and carried by the fol- lowing roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 47? The application of La Veda Beaudry for a license to operate a Snack Bar at 532 Coast Highway, having been approved by the County Beaudry, Sna& Bar Health Officer, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of Anne Boyer to operate a nursery school at 701 Marguerite Ave., Corona del Mar, having been tabled at the April 23rd meeting of the Council, was removed from the table. The City Manager stated that a mail survey of the residents in the imme- Boyer, Nursery school, diate vicinity of the school received seven responses, three of which C))M. Granted. were in favor of the school, and that in addition the questionnaire was so worded that failure to respond indicated approval of this pro - ject. Twenty -three cards in all were sent out. On motion of Council- man Finch, seconded by Councilman Blue, the license was granted to Miss Boyer by the following roll call vote: . AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of Paul Banks to operate a meat market and grocery at 2000 W. Newport Blvd., Newport Beach, having been approved by the Health Officer, was granted on motion of Councilman Greeley, Banks, i°ieat Mkt. seconded by Councilman Blue and carried. The application of Ernest W. Neville for an exempt license to sell Realsilk Hosiery products was referred to the City Attorney on motion of Councilman Finch, seconded by Councilman Greeley and carried. The application of the Southern California Edison Co. for permission to install a water meter at the Edgewater substation on SO.Cal.Eeison, w +ter Bayside Drive, was granted on motion of Councilman Finch, seconded meter, cz)ol. for. by Councilman Greeley and carried. After a fair and impartial hearing had been granted to all persons desiring to be heard in said matter, and all appeals or ob- jections presented having been heard and fully considered, and the City Council being satisfied with the correctness of the assessment and diagram, it was moved by Councilman Blue that all appeals and ob- jections be overruled and denied, and that the assessment and diagram be approved. The motion died for lack of a second. Councilman Finch Hearin- wont. to June 11. then moved that the hearing be continued until 7:30 P.M. June the 11th, 195.1. The motion was seconded by Councilman Greeley and carried by the following roll call vote, Councilman Blue not voting: UNFINISHED BUSINESS. The City Clerk advised the Council that this was the time NOES, COUNCILMEN: None and place fixed pursuant to statute and notice given, for the hearing in the matter of the assessment for the improvement of certain alleys between 11th and 19th Streets, as contemplated in Resolution of In- Hecring• on alleys, Ordinance No. 638, being tention No. 3819, adopted by said City Council on the 24th day of lltr_ to 19tb Ste. July, 1950. The Clerk also informed the Council thAt the affidavits of mailing, posting and publication of the Notice of Filing Assessment were on 6258 and 6266, and ADDING SECTION 6216 -a TO THE MUNICIPAL file in his office, and that two written appeals or objections had been filed in his office prior to the date set for the hearing, by Warren Kellogg and Father Stephen Kiley. The Mayor then asked if there were ORD. 638, for 2nd any interested persons desiring to be heard in this matter. Harold LICENSE FEES OF CERTAIN BUSINESSES AND OCCUPATIONS Boyvey said that the paving was still soft, and asked if the correct- ed notice he had received indicated an additional assessment. Edward Healy, representirg the Central Newport Civic Association, protested seconded by Councilman Ramsey and carried, reading of the ordinance the confirmation of the assessment on the grounds that the paving was unsatisfactory in that it was too soft, and that poor workmanship was evident. He asked that payment for the work be delayed until such Ordinance No. 638 was adopted on motion of Councilman Blue, time as the work could be investigated and the imperfections rectified. Several others also spoke from the floor, and John J. Swigart, contract- ORD. 638 ADOPTED or, stated that he was prepared to repair any defects within reason. After a fair and impartial hearing had been granted to all persons desiring to be heard in said matter, and all appeals or ob- jections presented having been heard and fully considered, and the City Council being satisfied with the correctness of the assessment and diagram, it was moved by Councilman Blue that all appeals and ob- jections be overruled and denied, and that the assessment and diagram be approved. The motion died for lack of a second. Councilman Finch Hearin- wont. to June 11. then moved that the hearing be continued until 7:30 P.M. June the 11th, 195.1. The motion was seconded by Councilman Greeley and carried by the following roll call vote, Councilman Blue not voting: AYES, COUNCILMEN: Finch, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 638, being AN ORDINANCE AMENDING SECTIONS 6216, 6231 -a, 6237, 6242, 6258 and 6266, and ADDING SECTION 6216 -a TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, PROVIDING FOR THE ORD. 638, for 2nd LICENSE FEES OF CERTAIN BUSINESSES AND OCCUPATIONS reading. was presented for second reading. On motion of Councilman Finch, seconded by Councilman Ramsey and carried, reading of the ordinance was waived. Ordinance No. 638 was adopted on motion of Councilman Blue, seconded by Councilman Greeley and carried by the following roll call ORD. 638 ADOPTED vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 478 NEW BUSINESS The request of the Park, Beach and Recreation Commission that the City participate in a summer recreational school program with the Summer recrea- Newport Beach elementary schools on a 50% basis, the total cost not to tion program. exceed $2,500.00, was granted on motion of Councilman Ramsey, seconded by Councilman Greeley and carried by the following roll -call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The offer of Roy L. and Margaret Mc Cartney of $150.00 for AR��artne 3.57 feet of Lot 1, Block 140, Canal Section, made available in the plan y, acquire for widening Balboa Blvd., was accepted on motion of Councilman Finch, se- 3.57 ft. Lot 1 conded by Councilman Greeley and carried by the following roll call vote: Bl. 140,Can.Sec. AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None BIERS, Oath. The Oath of Office of John A. Biers as Special Officer, South Coast Co., was approved on motion of Councilman Blue, seconded by Coun- cilman Greeley and carried. The Oath of Office of Lawrence R. Fredriksen as Reserve Officer, F'REDRIKSEN, Oath Newport Beach Police Department, was approved on motion of Councilman Greeley, seconded by Councilman Blue and carried. AYES, COUNCILMEN: Finch, Blue, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: 'none Planning Commission Resolution 459, being a resolution denying P.C. Res. 4 the application of C. C...Williams_.for a.l ft. 6 inch setback along the 59 west line of Lot 46, Tract 742, and a 1 foot setback along the south Williams., denied line of the lot, was presented, and on motion of Councilman Greeley, se- conded by Councilman Ramsey and carried, the council concurred in the denial by the following roll call vote: AYES, COUNCILMEN: Finch, Blue, Greeley, Ramsey, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place for the opening of bids for the improvement of Balboa Blvd. from 9th to 12th Streets, and the following bids were opened and read: Bids for Imp. of Balboa Blvd. 1. John J. Swigart - - - - $14,327.15 2. R. J. Noble Co. - - - - 12,555.77 3. Sully - Miller Contr.Co.- 11,956.30 On motion of Councilman Blue, seconded by Councilman Greeley, the contract was awarded to the Sully - Miller Co., the low bidder, and the Mayor and City Clerk authorized to execute the same, by the following roll call Contr. Awd. vote: Sully - Miller AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 456, being a resolution granting P1an.Com.Res.456, a 30 ft. front yard setback instead of the existing 40 ft. setback in Block 436, Canal Section, to WalterF. and Katherine K. Jennings, Beatrice Kills - granted fer and John P. Hormen, was presented. On motion of Councilman Greeley, Jennings,Killefer, Herman. seconded by Councilman Finch, the Council concurred with the Planning Commission in approving the variance by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution No. 457, being a resolution de- P.C. has. nying the request of Joe V. Casala for a 10 inch setback from the rear property line instead of the required 5 feet, on Lot 24, Block 7, East denied. Newport, was presented. On motion of Councilman Greeley, seconded by Councilman Ramsey and carried, the Council concurred in denial of the application by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 455, being a resolution granting P.C. Res 458, the application of property owners in Block 537, Canal Section, for a change in set back from 30 feet to 20 feet on all of Block 537, was presented, B1.537,Can.Sec. and on motion of Councilman Blue seconded b Councilman Greeley and car - Ch. in setback ried, the Council concurred in approval of the variance by the following granted roll call vote: AYES, COUNCILMEN: Finch, Blue, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: 'none Planning Commission Resolution 459, being a resolution denying P.C. Res. 4 the application of C. C...Williams_.for a.l ft. 6 inch setback along the 59 west line of Lot 46, Tract 742, and a 1 foot setback along the south Williams., denied line of the lot, was presented, and on motion of Councilman Greeley, se- conded by Councilman Ramsey and carried, the council concurred in the denial by the following roll call vote: AYES, COUNCILMEN: Finch, Blue, Greeley, Ramsey, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 460, being a resolution recommend- ing that the application of E. Morris Smith to rezone Lots 1 and 2, Block H. Tract 323 from 0-1 to C -1 -H, and Lot 3, Block 436 from R -2 to C -1 -H be granted, was read. On motion of Councilman Finch, seconded by Coun- cilman Ramsey, the recommendation was accepted and a hearing set for June 25th at 7:30 P.M., by the following roll call vote: Planning Commission Resolution 461 -B, being a resolution re- commending correction of District Maps Nos. 6 and 7 as shown on cor- rected sheets, was read, and on motion of Councilman Finch, seconded by Councilman Greeley, a hearing was set for June 25th, 1951 at 7:30 PM on the proposed amendment of Section 9102.2, Municipal Code of the City of Newport Beach, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 462, being a resolution re- commending that structures on certain specified lots in Tract 907 shall not be erected nearer to the 24 foot street frontage than four feet, and not nearer to the ten foot walk than ten feet, and that these set backs be indicated on Sheets 7 and E of the Districting Map, was pre- sented. On motion of Councilman Finch, seconded by Councilman Greeley, hearing on the proposed amendment to Ordinance No. 635 was set for June 25th 1951 at 7:30 P.M. by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 463, being a resolution recom- mending that certain lands south of Highway 101, more particularly known as the Stanley Tract, shown on Sheet No. 4 of Districting Map, be re- zoned from A -3 to C -1 -H, was presented. On motion of Councilman Gree- ley, seconded by Councilman Blue, a hearing was set for June 25th 1951 at P. M., on the proposed amendment of Section 9102.2 of the Municipal Code of the City of Newport Beach, by the following roll call vote: 479 Plen.Com.R.460, E.M.Smith, granted P1an.Com.4.461 -a Lie,.o Isle Com.Assn. Hea.rinp set. P1an.Com.R.461 -3 Hea.rin!�: Set P1an.Com.Res.462, Hearing; set. Plan. 1m. Res.463, HearinC. set 7:30 AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None NOES, COUNCILMEN: None ABSENT COUNCILMEN: None mending: Planning Commission Resolution No. 461 -A, being a resolution re- commending that the petitlon,_of the Lido Isle Community Association and to C -1 -H district. property owners for rezoning of Lots 977 to 982 inclusive, Tract 907, from R -1 to R -3 be denied, was read. On motion of Councilman Blue, se- conded by Councilman Greeley and carried, a hearing was set for June zoned from "U" district to R -1 district. 25th, 1951 at 7:30 P.M., for the proposed amendment of Section 9102.2 of the Municipal Code of the City of Newport Beach, by the following Sheet 24 of the Districting Map, roll call vote: was presented, and on motion of Councilman Greeley, seconded by Councilman AYES, COUNCILMEN: NOES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell None at 7:30 P.M. on the proposed amendment of Section 9102.2 of the Municipal ABSENT COUNCILMEN: None Planning Commission Resolution 461 -B, being a resolution re- commending correction of District Maps Nos. 6 and 7 as shown on cor- rected sheets, was read, and on motion of Councilman Finch, seconded by Councilman Greeley, a hearing was set for June 25th, 1951 at 7:30 PM on the proposed amendment of Section 9102.2, Municipal Code of the City of Newport Beach, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 462, being a resolution re- commending that structures on certain specified lots in Tract 907 shall not be erected nearer to the 24 foot street frontage than four feet, and not nearer to the ten foot walk than ten feet, and that these set backs be indicated on Sheets 7 and E of the Districting Map, was pre- sented. On motion of Councilman Finch, seconded by Councilman Greeley, hearing on the proposed amendment to Ordinance No. 635 was set for June 25th 1951 at 7:30 P.M. by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 463, being a resolution recom- mending that certain lands south of Highway 101, more particularly known as the Stanley Tract, shown on Sheet No. 4 of Districting Map, be re- zoned from A -3 to C -1 -H, was presented. On motion of Councilman Gree- ley, seconded by Councilman Blue, a hearing was set for June 25th 1951 at P. M., on the proposed amendment of Section 9102.2 of the Municipal Code of the City of Newport Beach, by the following roll call vote: 479 Plen.Com.R.460, E.M.Smith, granted P1an.Com.4.461 -a Lie,.o Isle Com.Assn. Hea.rinp set. P1an.Com.R.461 -3 Hea.rin!�: Set P1an.Com.Res.462, Hearing; set. Plan. 1m. Res.463, HearinC. set 7:30 P1an.Com. Res.464, Hec.rin; s et AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Commission Resolution 464, being a resolution recom- mending: 1. That certain lands north of Highway 101 shown on sheet #7 of the Districting Map be rezoned from a "U" district to C -1 -H district. 2. That the area known as Bayshore camp be rezoned from a "U" district to R -1 district. 3. That Tracts 1014, 1102, 1140 and adjacent areas be re- zoned from "U" district to R -1 district. 4. That other areas adjacent to the Beacon Bay subdivision now zoned "U" district be precisely zoned as shown on Sheet 24 of the Districting Map, was presented, and on motion of Councilman Greeley, seconded by Councilman Blue, the recommendation was accepted and a hearing set for June 25th 1951 at 7:30 P.M. on the proposed amendment of Section 9102.2 of the Municipal Code of the City of Newport Beach, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None P1an.Com. Res.464, Hec.rin; s et L+ M 31 Plans for on bluff, O.K.Id The City Engineer presented plans for a six -foot walk top surface following the contour of the bluff and connected to E' walk at the street ends, from Poppy Ave. to Jasmine Ave., Corona del CDM estimated the cost to be about $900.00. On motion of Councilman seconded by Councilman Blue, the City Engineer was instructed t with construction of the walk, by the following roll call vote: with black Ocean Blvd. Mar. He Finch, o proceed AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Charles Fipps presented plans for landscaping and grading his Fipps plans for property at 211 Ocean Blvd., Corona del Mar. His plans were accepted on landscming his motion of Councilman Finch, seconded. by Councilman Ramsey, with the pro- ppty. at 211 Ocean vision that the City Engineer stake out the location of the proposed walk Blvd. CDM way in front of_the property, by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager stated that the Balboa Improvement Association had requested a change in the bus stop on the Balboa Parking Lot, and that Proposed change in the City Engineer estimated the proposed change would cost between $1200.00 bus stop, Balboa. and $1500.00. The City Engineer was instructed by Mayor Isbell to make a drawing and detailed estimate of the proposed change. On motion of Councilman Greeley, seconded by Councilman Ramsey and carried, the meeting was adjourned, sine die. I y lerk