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HomeMy WebLinkAbout05/26/1952 - Regular MeetingE May 26, 1952. AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith 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: Miller, Horvath, Finch, Isbell, Smith REGULAR ORDER OF BUSINESS WAIVED. 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 Change in minutes of one responded and the reading of the minutes was waived. The Mayor asked previous meeting on that a correction be made in the minutes of.,May 8th, regarding the appli- Perkins appl. cation of George C. Perkins to sell used, °the corrected motion to read as Bids for paving of Bay follows: "Councilman Isbell moved that the matter be held over to the The next regular meeting of the Council for checking. The motion was seconded Ave. x 18th St. by Councilman Finch and carried." Certain demands, having been approved by the Finance Committee Res. 3969 and signed by the Mayor and Deputy City Clerk, were ordered paid on motion of Councilman Isbell, seconded by Councilman Miller and the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None RETURN TO REGULAR ORDER OF BUSINESS On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the regular order of business was resumed. COMMUNICATIONS. The City Manager submitted the recommendation of the Committee appointed by the Mayor to study and recommend purchases of equipment for Purchase of automotive the Fire and Police Departments, as follows: The Committee recommended equipment recommended . purchase of four new police cars and a station wagon for use by the Fire City Mgr. to call for Department. Councilman Isbell moved that the committee's recommendation informal bids. be acted upon, and asked the City Manager to call for informal bids from local dealers, to be opened in his office. The motion was seconded by Councilman Finch and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mrs. Amelia Dehne of 117 Garnet Ave., Balboa Island, requested replacement of sidewalk and curb in front of her house, which had been dam - Dehae, sidewalk repair aged by the growth of tree roots on either side of her property. She stated request, that she would be willing to pay her share of the expense. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the letter was referred to the Street Superintendent. Petition to dredge Grand Canal A petition with 65 signers requesting dredging of the Grand Canal, Balboa Island, was presented. The 6ity Engineer stated that it had been about five years since this dredging had been done, and that it was about time to repeat the process. Mr. Isbell stated that he thought the Council should check into the matter before spending the approximate sum of $5,000 for this world, and moved that the matter be referred to the City Engineer for checking and report. The motion was seconded by Councilman Horvath and carried. E J 1 1 0 1 11 NOES, COUNCILMEN: None ABSENT COUNCILMEN: None REGULAR ORDER OF BUSINESS WAIVED. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the regular order of business was waived to permit the opening of Bids for paving of Bay bids for the paving of Bay Ave. and 18th Street. The following bids were Ave. x 18th St. opened and read: Res. 3969 1. Sully - Miller Contracting Co. - - - - - - - - - - $2,665.00 2. R. J. Noble Company - - - - - - - - - - - - - - - 3,152.50 33 John J. Swigart Company - - - - - - - - - - - - ?,795,00 4, Hardy & Harper - - - - - - - - - - - - -- - - - - 3,380-00 The City Engineer recommended that the contract be awarded to Contract AG:d. to Sully- Sully- Miller Co,, the low bidder. Councilman Isbell so moved, the mo- Miller Co, tion was seconded by Councilman Finch and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None RETURN TO REGULAR ORDER OF BUSINESS On motion of Councilman Isbell, seconded by Councilman Horvath and carried, the regular order of business was resumed. COMMUNICATIONS. The City Manager submitted the recommendation of the Committee appointed by the Mayor to study and recommend purchases of equipment for Purchase of automotive the Fire and Police Departments, as follows: The Committee recommended equipment recommended . purchase of four new police cars and a station wagon for use by the Fire City Mgr. to call for Department. Councilman Isbell moved that the committee's recommendation informal bids. be acted upon, and asked the City Manager to call for informal bids from local dealers, to be opened in his office. The motion was seconded by Councilman Finch and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mrs. Amelia Dehne of 117 Garnet Ave., Balboa Island, requested replacement of sidewalk and curb in front of her house, which had been dam - Dehae, sidewalk repair aged by the growth of tree roots on either side of her property. She stated request, that she would be willing to pay her share of the expense. On motion of Councilman Finch, seconded by Councilman Isbell and carried, the letter was referred to the Street Superintendent. Petition to dredge Grand Canal A petition with 65 signers requesting dredging of the Grand Canal, Balboa Island, was presented. The 6ity Engineer stated that it had been about five years since this dredging had been done, and that it was about time to repeat the process. Mr. Isbell stated that he thought the Council should check into the matter before spending the approximate sum of $5,000 for this world, and moved that the matter be referred to the City Engineer for checking and report. The motion was seconded by Councilman Horvath and carried. E J 1 1 0 1 11 97 Mrs. Aura Lee Mc Dowell requested that the City clean up the plot allotted to the park - playground on ?lest Balboa Blvd., because of its Mc Dowell, Request for unsightly condition. On motion of Councilman Finch, seconded by Council- Balboa B1vd.PlayCround ' man Miller and carried, the request was referred to the Park, Beach and clean up Recreation Commission. A letter from Russell Harriman requested an investigation into the matter of excessive float building at the Bay end of F Street, which he feels might curtail present swimming activities in that area. Harriman, too many On motion of Councilman Isbell, seconded by Councilman Horvath and car- Floats at F & Bay ried, the letter was referred to the City Engineer for investigation. An anonymous letter from a "Citizen and Tax Payer" asking that the City build a bridge over the channel at 34th St., was read. Requested bridge at Councilman Isbell moved that the letter be referred to the City Engi- 34th St. over Chanre 1. neer to investigate and report as to whether a bridge at this location Anonymous would be reasonable or feasible. The motion was seconded by Councilman Miller and carried. A letter from the Balboa Island Improvement Association, Zoe Barlow, Secretary, accompanied by 155 sighed slips petitioning the Bal.Isle Imp. Assn. City to draft an ordinance confining all dogs to their owners' yards, Re Dogs. and that dogs be entirely prohibited from all public property includ- ing sidewalks, beaches, streets and alleys, was presented. • A letter from K. C. Potter, resenting the proposal to re- strict dogs from public property, if on leash, also one from Mrs. Glenn Kuhns urging the enforcement of the leash law and one from Claire Clax- Other letters to keep ton commending the City for its efforts to take the dogs off the streets, dogs off streets, B.Isle were read. ' A letter from H. J. Lorenz accompanied by 162 signed cards recgarding the proposed ordinance regulating dogs and enforcing rabies vaccination, with proposed amendments to same, was presented. Letters H.J.Lorenz, re proposed were also received, protesting compulsory rabies vaccination, from the Compulsory rabies vacc. following persons and read aloud: Mrs. L. Mason Gallagher, Louise M. Bisk, George W. Woolley, John P. Wilder, Kent Kingsley, Mrs. Winifred W. ingsley and Mary Lane. Considerable discussion f rom the floor ensued, following which City Attorney Blodgett read Ordinance No. 662, entitled: AN ORDINANCE REPEALING SECTION 4107 AND ADDING SECTIONS 4107 -a .XND 41Q7 -b TO THE MUNICIPAL CODE Ord.. 662 read by City OF THE CITY OF NEWPORT BEACH, RESTRICTING DOGS Atty. FROM CERTAIN AREAS. Section 4107 -a re- enacts the present leash law; section 4107 -b Is as follows: "No person having the care, charge or control of any dog shall permit or allow said dog to be, under any circumstances or conditions, in or upon the following described area: The beach surrounding Balboa Island." After more discussion, Councilman Miller moved that the City Clerk be instructed to mail post -cards to water meter users on Balboa Is- Clerk to send. out cards land, asking their opinion, "yes" or "no ", to the question of whether or to Bal.Is. ppty owners not dogs should be permitted on Balboa Island beaches. Councilman Isbell for opinion, keeping dog:- seconded the motion, and it was carried by unanimous vote. Mayor Smith off Bal.Is. beaches. ' appointed Mr. H. J. Lorenz, Mrs. Zoe Barlow and Mr. William Moses as a com- mittee of three to compose such a question for the post cards. On motion of Councilman Horvath, seconded by Councilman Miller and carried, action on Ordinance No. 662 was deferred until the next regular Ord. 662 action deferred meeting of the Council. to 6/9/52 . The City Attorney presented Ordinance No. 623, being AN ORDINANCE ADDING SECTIONS 4119, 4120, 4121 AND 4122 TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT Ord. 663, Rabies Vacc. ' BEACH PROVIDING FOR COMPULSORY ANTIRABIC VACCINA- Rejected. TION OF DOGS AND THE ADMINISTRATION THEREOF. More discussion followed from the floor, and the general con- sensus of opinion being against compulsory vaccination, Councilman Finch moved that the ordinance making vaccination compulsory be rejected. The motion was seconded by Councilman Miller and carried by the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Finch also suggested that every effort be made Finch urges enforcement towards a thorough enforcement of the leash law presently in force. of leash law. ' Mayor Smith declared a five minute recess. A letter from Mabel Fitzmorris protesting the issuance of a permit to sell used cars, to George Perkins at 805 Coast Highway, Corona Fitzmorris, protest at • del Mar, was read. On motion of Councilman Isbell, seconded by Councilman used car sales, CDM Finch and carried, the City Clerk was instructed to write a letter to Mrs. F rf MAR Fitzmorris instructing her how to appeal the issuance of this license by the Planning Commission, and the letter was ordered filed. A statement of gross receipts from the Pacific Telephone and Tel- , Pac. Tel & Tel egraph Co. for the twelve months ending May 18, 1952, was read, and on motion Statement. of Councilman Finch, seconded by Councilman Isbell and carried, was ordered filed. Mrs. Helen Me Eldowney of 307 Sapphire Ave., protested the recent Easter Week furor on the Island, asking for compulsory car stickers and more Me Eldowney, letter police protection. On motion of Councilman Miller, seconded by Councilman ' re Easter Week Isbell and carried, the letter was ordered filed, after considerable Easter Week discussion from the floor. The Park, Beach and Recreation Commission asked that the City abandon the idea of using the old Pacific Electric Bldg. for public rest - rooms, due to costs involved for conversion, and recommended that the build - P.B.R. request re ing be removed and that the Council take steps to purchase this property Npt. Rest Rooms on for erection of a new public rest room building. n motion of Councilman old P.E. Property Finch, seconded by Councilman Horvath and carried, the muter was referred back to the Park, Beach and Recreation Commission for their consideration. The City Engineer presented the memorandum of agreement for gas tax allocation in Newport Beach for the 1953 fiscal year, for the im- Res. 68 1953 provement of Balboa Blvd. and other major city streets, the same being Gas Tax Allocation. Resolution No. 3968, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING BUDGET AND APPROVING MEMORANDUM OF EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. The Sully - Miller Co. requested a second extension of time, in an additional 60 days, for completion of certain alleys in Corona del Mar, Isbell, seconded by Councilman Horvath, and the following roll call vote: due to inclement weather this spring. The City Engineer explained that Sully Miller, Ext. r, this time would take care of completing the hearing on the alleys, and re- of time on Alleys commended that it be given. Councilman Finch so moved, and Councilman Hor- NOES, COUNCILMEN: None vath seconded the motion which was carried by unanimous vote. The Women's Civic League of Newport Harbor requested the Council ' to refrain from leasing any more water front property belonging to the City any organization, club or individuals for private purposes. They also Womens Civic Lg. agairstto welcomed the new members to the Council and offered their help in coopera- 'relater Front leases. tion. On motion of Councilman Finch, seconded by Councilman Miller and car-. ate the Bamboo Room cafe and cocktail lounge, being a transfer of ownership, ried, the letter was ordered filed. The Park, Beach and Recreation Commission reported that the Board of Trustees of the Newport Harbor High School had appointed Mrs. Ruth S. Fle- cilman Isbell, seconded by Councilman Miller and carried. ming to serve as representative of the school district on the Commission, P.B.R. Com. Report, and asked confirmation of the appointment. On motion of Councilman Finch, , n.Fleming appt. seconded by Councilman Horvath and carried, the appointment was confirmed. The Park, Beach and Recreation Commission asked that the City abandon the idea of using the old Pacific Electric Bldg. for public rest - rooms, due to costs involved for conversion, and recommended that the build - P.B.R. request re ing be removed and that the Council take steps to purchase this property Npt. Rest Rooms on for erection of a new public rest room building. n motion of Councilman old P.E. Property Finch, seconded by Councilman Horvath and carried, the muter was referred back to the Park, Beach and Recreation Commission for their consideration. The City Engineer presented the memorandum of agreement for gas tax allocation in Newport Beach for the 1953 fiscal year, for the im- Res. 68 1953 provement of Balboa Blvd. and other major city streets, the same being Gas Tax Allocation. Resolution No. 3968, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING BUDGET AND APPROVING MEMORANDUM OF EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. The foregoing Resolution was adopted on motion of Councilman Isbell, seconded by Councilman Horvath, and the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None LICENSE APPLICATIONS. ' The application of Billie Breneman Hutton for a license to oper- ate the Bamboo Room cafe and cocktail lounge, being a transfer of ownership, was granted, subject to approval by the Health Officer, on m otion of Coun- Lic. Granted. cilman Isbell, seconded by Councilman Miller and carried. The application of H. Dunsiny for a license to operate a food concession at 705 Edgewater, Balboa, was granted subject to approval by Dtansiny, Lie. Grt. the Health Officer, on motion of Councilman Isbell, seconded by Councilman Finch and carried. The application of George P. Thompson for a license to operate the Burger Cove at 414 Coast Highway, Corona del Mar, to serve food and Thompson, Lie. Granted p soft drinks, was granted subject to approval by the Health Officer, on mo- tion of Councilman Isbell, 'seconded,by Councilman Finch and carried. Chief of Police Hodgkinson recommended the granting of a license to L. M. Guyon to operate a merchant patrol service and detective agency in the City of Newport Beach. He stated that he felt such a business, if prop- L. M. Guyon, Lie. Granted erly conducted, would be of great value to the Police Department. On motion Merch.Patrol etc. of Councilman Finch, seconded by Councilman Isbell and carried, the license was granted. UNFINISHED BUSINESS. The Clerk announced that this was the time and place set for a continued hearing on the application of the Griffith Co. to amend the zoning Hearing, Griffith Co, law of Newport Beach to change certain setback lines on Lido Isle to bring Re -zone setbacks. them into conformity with existing restrictions. ' Lido Isle The Mayor declared the hearing open. No one respondeded, and the Mayor declared the hearing closed. 99 Planning Commission Resolution No. 520, being a resolution granting the application of Mr. Earl B. Winship, 309 34th St., Newport Beach, to construct a garage on Lot 18, Block 234, Lake Tract, which Plan. Com.Res. 520 will allow no further buildings to be constructed on his two lots, Winship - Var. granted the other of which already contains two dwellings, was presented. On motion of Councilman Horvath, seconded by Councilman Isbell and carried, the Council concurred with the Planning Commission in granting the variance. Planning Commission Resolution No'.. 521, being a resolution granting the application of H. C. W. Hinshaw for a change in front yard setback from the 10 foot requirement to 1 foot on Lot 40, Block A, Plan. Com. Res. 521 Tract 673, Corona del Mar, was concurred in by the Council on motion Hinshaw Ver. granted of Councilman Isbell, seconded by Councilman Miller and carried. The Park, Beach and Recreation Commission presented a report of Bay Front property in the Harbor area, and on motion of Councilman Isbell, seconded by Councilman Horvath and carried, the report was filed for future reference. Included in the report was the recommend- P.B. & Rec. Com. report ation of the Commission that the City retain title and control of all on Bayfront property and waterfront property for the purpose of parks, beaches, etc., and pro- recommendations. hibiting the sale, conveyance or leasing of City owned property to ' other than the State for park and recreational purposes. Robert A. Eastman, Exalted Ruler of the Elks, Newport Har- bor Lodge, tendered the Elks' withdrawal of their offer to lease cer- tain waterfront property, owing to an ensuing political situation and Elks withdraw offer to the finding of other suitable sites. Councilman Isbell moved that lease bay front ppty. the Council accept with regret the Elks' withdrawal of the proposition. • The motion was seconded by Councilman Finch and carried. The Oath of Office of Curtis H. Phinney as a Reserve Officer, Newport Beach Police Dept., was approved on motion of Councilman Finch, Oath, Phinney. seconded by Councilman Miller and carried. The Oath of Office of James L. Edens as a Reserve Officer, Oath, Edens Newport Beach Police Dept., was approved on motion of Councilman Finch, seconded by Councilman Miller and carried. The Oath of Office of Harold L. Kennedy as a Patrolman, New- port Beach Police Dept., was approved on motion of Councilman Finch, Oath, Kennedy seconded by Councilman Miller and carried. A letter from R. L. Patterson regarding improvements of lower Newport Bay and inclosing a copy of a letter written by him to the Harbor Commission of Orange County, was read. Councilman Miller Patterson letter: re imp_r. moved to refer the letter to the Joint Harbor Committee for their con- lower Not. Bay sideration and study at their next regular meeting. The motion was seconded by Councilman Finch and carried. ' The City Clerk was instructed to call for bids for the con- struction of an S inch diameter vitrified clay sanitary sewer main from State Highway ORA 60 -A to the Hoag Memorial Hospital, said bids Clerk to call for bids, to be opened and read at 7:30 P.M. at the regular meeting of the Council Hoag Hosp. Sewer line on June 9th. On motion of Councilman Horvath, seconded by Councilman Finch, the recommendation of the Planning Commission to effect this change was Atty.to amend zoning law concurred in and the City Attorney instructed. to prepare an amendment to to change Lido Setbacks the Zoning Law to carry into effect the said recommendation, by the fol- ' lowing roll -call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Clerk announced that this was the time and place set for a continued public hearing on the Resolution of Intention of the Planning Change in Zoning, Bl. Commission-to rezone Blocks 329, 429 and 430 Corona -del Mar, from R -1 to 329, 4P90430 CDM. R -1 to R -2. The Mayor declared the hearing open. Mr. Arthur Hovey spoke from R -? (See P1an.Com.R.516) the floor, stating that he represented owners of the three'.blocks in that area, and that all recommended it. No one else responding, the vs Mayor declared the hearing closed, and the Planning Commission re- commendation for this zoning change was concurred in by the Council and the City Attorney was instructed to prepare an amendment to the Zoning Law to carry into effect the said recommendation,-on motion of Council- man Horvath, seconded by Councilman Finch and the following roll call vote: AYES, COUNCILMEN: Miller, Horvath, Finch, Isbell, Smith NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS. Planning Commission Resolution No. 519, being a resolution denying the application of Levert Trask to erect a six- square foot Neon P1an.Com.Res. 519 ' sign on the roof of a duplex at 717 Fernleaf Ave., Corona del Mar, was Trask - denied. presented. The Council concurred in the denial on motion of Council- man Finch, seconded by Councilman Isbell and carried. Planning Commission Resolution No. 520, being a resolution granting the application of Mr. Earl B. Winship, 309 34th St., Newport Beach, to construct a garage on Lot 18, Block 234, Lake Tract, which Plan. Com.Res. 520 will allow no further buildings to be constructed on his two lots, Winship - Var. granted the other of which already contains two dwellings, was presented. On motion of Councilman Horvath, seconded by Councilman Isbell and carried, the Council concurred with the Planning Commission in granting the variance. Planning Commission Resolution No'.. 521, being a resolution granting the application of H. C. W. Hinshaw for a change in front yard setback from the 10 foot requirement to 1 foot on Lot 40, Block A, Plan. Com. Res. 521 Tract 673, Corona del Mar, was concurred in by the Council on motion Hinshaw Ver. granted of Councilman Isbell, seconded by Councilman Miller and carried. The Park, Beach and Recreation Commission presented a report of Bay Front property in the Harbor area, and on motion of Councilman Isbell, seconded by Councilman Horvath and carried, the report was filed for future reference. Included in the report was the recommend- P.B. & Rec. Com. report ation of the Commission that the City retain title and control of all on Bayfront property and waterfront property for the purpose of parks, beaches, etc., and pro- recommendations. hibiting the sale, conveyance or leasing of City owned property to ' other than the State for park and recreational purposes. Robert A. Eastman, Exalted Ruler of the Elks, Newport Har- bor Lodge, tendered the Elks' withdrawal of their offer to lease cer- tain waterfront property, owing to an ensuing political situation and Elks withdraw offer to the finding of other suitable sites. Councilman Isbell moved that lease bay front ppty. the Council accept with regret the Elks' withdrawal of the proposition. • The motion was seconded by Councilman Finch and carried. The Oath of Office of Curtis H. Phinney as a Reserve Officer, Newport Beach Police Dept., was approved on motion of Councilman Finch, Oath, Phinney. seconded by Councilman Miller and carried. The Oath of Office of James L. Edens as a Reserve Officer, Oath, Edens Newport Beach Police Dept., was approved on motion of Councilman Finch, seconded by Councilman Miller and carried. The Oath of Office of Harold L. Kennedy as a Patrolman, New- port Beach Police Dept., was approved on motion of Councilman Finch, Oath, Kennedy seconded by Councilman Miller and carried. A letter from R. L. Patterson regarding improvements of lower Newport Bay and inclosing a copy of a letter written by him to the Harbor Commission of Orange County, was read. Councilman Miller Patterson letter: re imp_r. moved to refer the letter to the Joint Harbor Committee for their con- lower Not. Bay sideration and study at their next regular meeting. The motion was seconded by Councilman Finch and carried. ' The City Clerk was instructed to call for bids for the con- struction of an S inch diameter vitrified clay sanitary sewer main from State Highway ORA 60 -A to the Hoag Memorial Hospital, said bids Clerk to call for bids, to be opened and read at 7:30 P.M. at the regular meeting of the Council Hoag Hosp. Sewer line on June 9th. W The City Attorney stated that he had eight water contracts for the sale of surplus water which would expire on June 1st, and which were Renewal of 8 water to be renewed for the ensuing year. Mayor Smith stated that he would , contracts deferred to like time to read these contracts before they were renewed, and on motion June 9 meeting. of Councilman Horvath, seconded by Councilman Isbell and carried, the City Attorney was asked to present these contracts at the next regular Council meeting on June 9th. Mayor Smith stated that he would like to add two members to Finch & Miller appt. the Street Planning Committee, and named Councilman Finch and Miller. , to Street P1an.Com. On motion of Councilman Isbell, seconded Yy Councilman Horvath and car- ried, the appointments were confirmed. Councilman Finch asked permission to leave the State, and on Finch to leave State motion of Councilman Horvath, seconded by Councilman Isbell and carried, the request was granted. On motion of Councilman Finch, seconded by Councilman Miller and carried, the meeting was adjourned, sine die. mayor 'Z ,-Uity Ulerx 1 1 0 • 1 •