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HomeMy WebLinkAbout08/17/1953 - Adjourned Regular Meeting274 August 17, 1953 Adjourned regular The City Council of the City of Newport Beach met ' meeting. in an adjourned regular meeting in the City Council Chambers of the City Hall at the hour of 7 :30 p.m. The roll was called, the following members being present: Smith, Finch, Isbell, Bennett, Miller. Upon motion of Councilman Isbell, seconded by Coun- ' Minutes approved cilman Bennett and carried, the minutes of the previous meeting were approved as written and reading was waived. COMMUNICATIONS: The City Clerk stated that he had received: 3 communications which opposed the placing of a ' Communications re- charge on the water bill for trash and garbage collection garding the fee for and any other method of collection; garbage and trash collection read. 15 letters which opposed the charge on the water bill and made no recommendation for an alternative method; 10 signatures affixed to a petition in favor of • both the separate charge and the increase in the tax rate; 14 letters and coupons urging the placing of the charge on the water bill; and 106 letters and coupons opposing the collection on , the water bill and urging the increase in the tax rate. After some discussion from the floor, following the Same tax rate retained; reading of the letters, Councilman Isbell moved that the tax Minimum pickup service rate be retained; that minimum garbage and trash service cone to be rendered; tinue to be rendered to residential users without charge and Charge to commercial that a charge be imposed upon commercial users of the service establishments. in excess of stipulated minimums. The motion was seconded by Councilman Smith and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. ' NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution ho. 4120 On motion of Councilman Isbell, seconded by Councilman fixing tax rate for Smith, Resolution No. 41209 being a resolution fixing the tax 1953 -54 adopted. rate for 1953 -54 as follows: Current Expense Fund .75 Library Fund .05 Advertising Fund .05 Park Fund .03 Retirement Fund .1 General City Bonds .11 was adopted by the following roll call vote, to -wit: , AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 421 On motion of Councilman Isbell, seconded by Councilman . rescinding action of Bennett, Resolution No. 4121, being a resolution rescinding Res. No. 4115 adopted. Resolution No. 4115, imposing a charge for the collection of trash and garbage, was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. ' NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Adjournment On motion of Councilman Bennett, seconded by Councilman Isbell and carried, the council adjourned, sine die. *, Mayor ATTEST: ' City Clerk • August 249 1953 The City Council of the City of Newport Beach met in • regular session in the City Council Chambers of the City Hall Regular meeting at the hour of 7:30 p.m. ' The roll was called, the following members answering Roll Call present; Smith, Finch, Isbell, Bennett, and Miller. Upon motion of Councilman Isbell, seconded by Councilman Bennett and carried, the minutes of the previous meeting were Minutes approved approved as written and reading was waived. Certain monthly demands were approved and ordered paid, having been approved by the Finance Committee, upon motion of Demands approved Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES9 COUNCILMEN: None ABSENT COUNCILMEN: None The monthly report of receipts and disbursements was Receipts & disbursements ordered filed upon motion of Councilman Isbell, seconded by report ordered filed, Councilman Bennett and carried. The regular order of business was waived to permit the Regular order of Business • opening of bids upon motion of Councilman Smith, seconded by Waived Councilman Bennett and carried. The City Clerk opened and read the following bids for Bids for re- roofing of the re- roofing of the reservoirs at Corona del Mar: CDM water reservoirs ' Crank Bros. Roofing Cc. . . . . . o $ 1,788.00 Vance Roofing Co., Inc. . . . . . 19582.00 The following bids were opened and read for the improve- Bids for improvement of 1st ment of lst Avenue from Acacia Avenue to Jasmine Avenue; and 3rd & 3rd Avenues, CDM. Avenue from Avocado Avenue to Poinsettia Avenue; R. J. Noble Company . . . . . . . $ 179631.17 Sully - Miller Contr. Co. . . . , . . 159673.86 Upon motion of Councilman Finch, seconded by Councilman Referred to Engr, Isbell and carried, the bids were referred to the Assistant City Engineer for checking. On motion of Councilman Isbell, seconded by Councilman Regular order of business Bennett and carried; the regular order of business was resumed. Resumed COMMUNICATIONS- The Park, Beach, & Recreation Commission protested the P.B.&R.Comm. on record as proposed leasing of Lot 4, Block 434, Canal Section, and upon opposing leasing of Lot 4, motion of Councilman Isbell, seconded by Councilman Bennett and Blk 434, Canal Sec. carried, the letter was ordered filed. Leland L. Jonas urged that the area at the seaward end Leland L. Jonas urged that of the °B° Street parking lot be made available for beach fires. a fire area be established ' On motion of Councilman Smith, seconded by Councilman Bennett and at °B° Street parking lot. carried, the request was referred to the Park, Beach, & Recrea- tion Commission. Mrs. George Franklin of the Municipal Trailer Park asked Mrs. Geo. Franklin requested that the keeping of pets in the park be permitted. On motion pets be allowed in the Mun, of Councilman Isbell, seconded by Councilman Finch and carried, Trailer Pk. . the request was referred to the City Manager. Earl R. Clayton protested the proposed erection of a two- Earl R. Clayton protested story and roof garden at the Balboa Bay Club on the grounds that erection of apt. at Balboa it would set a precedent for such buildings in the city. On Bay Club, 1 motion of Councilman Isbell, seconded by Councilman Bennett and carried, the communication was ordered filed. The Assistant City Engineer reported that the bid of Vance Roofing Company in the amount of $1,582.00 for installing compos- Resolution No. 4122 awarding ition roof on the two reservoirs at Corona del Mar, was the low bid to Vance Roofing Compaxiy bid and recommended its acceptance. On motion of Councilman for CDM reservoirs. Isbell, seconded by Councilman Finch; Resolution No. 4122, being a resolution authorizing the Mayor and City Clerk to execute a contract with the Vance Roofing Company and accepting their bid was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES9 COUNCILMEN: None ABSEI:T COUNCILMEN: None n AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None LICENSES° Transfer of license for The application of J. S. R. Lefebre for a transfer of J.S.R. Lefebre approved business location from 103 Main Street 706 Bay Avenue was approved on motion of Councilman Isbell, seconded by Council- man Bennett and carried. UNFINISHED BUSINESS: Ordinance No. 69'i Ordinance No. 693, being re: parking on one -way AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING streets SECTION 3250 OF THE MUNICIPAL CODE PROHIBITING WRONG WAY PARKING ON ONE -WAY STREETS given second reading. was given second reading. On motion of Councilman Isbell, seconded by Councilman Ordinance No. 693 Bennett, Ordinance No. 693 was adopted by the following roll Adopted call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No 694 Ordinance No. 694, being , AN ORDINANCE AMENDING SECTION 6403, 6404, 6413.3 and re: sales tax laws 6413.4 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, INCORPORATING BY REFERENCE CURRENT CALIFORNIA STATE SALES AND USE TAX LAWS second reading waived. was presented for second reading and on motion of Coun- • cilman Bennett, seconded by Councilman Finch and carried, reading of the Ordinance was waived. On motion of Councilman Isbell, seconded by Councilman ' Ordinance No. 694 Bennett and carried by the following roll call vote, Ordinance Adopted No. 694 was adopted: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 695 Ordinance No. 695,being re: Sewer connection AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT charge. BEACH AMENDING SECTION 7108 OF THE MUNICIPAL CODE, INCREASING THE MINIMUM SEWER CONNECTION FEE TO $50.00. returned to City Attorney was presented for second reading. for re= drafting withamend- ' ments. The City Attorney stated that further amendments were being considered in this connection and on motion of Councilman Smith, seconded by Councilman Finch and carried, the ordinance was referred to the City Attorney for re- drafting. • The Assistant City Engineer:.reported that the bid of Resolution No. 4123 the Sully - Miller Contracting Company in the amount of $15,673.86 awarding bid to Sully- for the improvement of portions of 1st and 3rd Avenues in Miller for paving of lst Corona del Mar was the low bid and recommended its acceptance. a 3rd Avenues, CDM. On motion of Councilman Finch, seconded by Councilman Isbell, . Resolution No. 412.3, being a resolution accepting the bid of the Sully - Miller Company and authorizing the Mayor and City Clerk to execute a contract was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN:_ Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: N ne Protests from Bal. Isl. Protests against the proposal to rezone the Cliff Haven Impr. Assoc. & Ensign PTA area following its annexation were read from the Balboa Island against rezoning Cliff Havenlmprovement Association and the Horace Ensign Elementary PTA. property to commercial use. On motion of Councilman Isbell, seconded by Councilman Smith and carried, the letters were ordered filed. Leo E. Hubbard, protested Leo E. Hubbard, owner of a beach house at 119 40th Street, development of roadway be- protested the development of a right of way parallel to the tween 31st & 47th Streets Pacific Electric Company tracks between 31st and 47th Streets. involving P.E. right- of- way.On motion of Councilman Isbell, seconded by Councilman Bennett and carried, the letter was ordered filed. Arbor Day Committee allo- The Arbor Day Committee of Newport Harbor asked that cated $150 by Council. $150 be allocated for the observance on October 10th. On motion of Councilman Isbell, seconded by Councilman Finch, the • appropriation was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None LICENSES° Transfer of license for The application of J. S. R. Lefebre for a transfer of J.S.R. Lefebre approved business location from 103 Main Street 706 Bay Avenue was approved on motion of Councilman Isbell, seconded by Council- man Bennett and carried. UNFINISHED BUSINESS: Ordinance No. 69'i Ordinance No. 693, being re: parking on one -way AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING streets SECTION 3250 OF THE MUNICIPAL CODE PROHIBITING WRONG WAY PARKING ON ONE -WAY STREETS given second reading. was given second reading. On motion of Councilman Isbell, seconded by Councilman Ordinance No. 693 Bennett, Ordinance No. 693 was adopted by the following roll Adopted call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No 694 Ordinance No. 694, being , AN ORDINANCE AMENDING SECTION 6403, 6404, 6413.3 and re: sales tax laws 6413.4 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, INCORPORATING BY REFERENCE CURRENT CALIFORNIA STATE SALES AND USE TAX LAWS second reading waived. was presented for second reading and on motion of Coun- • cilman Bennett, seconded by Councilman Finch and carried, reading of the Ordinance was waived. On motion of Councilman Isbell, seconded by Councilman ' Ordinance No. 694 Bennett and carried by the following roll call vote, Ordinance Adopted No. 694 was adopted: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 695 Ordinance No. 695,being re: Sewer connection AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT charge. BEACH AMENDING SECTION 7108 OF THE MUNICIPAL CODE, INCREASING THE MINIMUM SEWER CONNECTION FEE TO $50.00. returned to City Attorney was presented for second reading. for re= drafting withamend- ' ments. The City Attorney stated that further amendments were being considered in this connection and on motion of Councilman Smith, seconded by Councilman Finch and carried, the ordinance was referred to the City Attorney for re- drafting. • 27 1 I I 0 iJ 11 Planning Commission Resolution No. 578, being a resolu- tion granting a Variance in front -yard setback from 30' to 20' in Block 5399 Canal Section, was presented. On motion of Councilman Isbell, seconded by Councilman Bennett, the Council concurred with the Planning Commission in granting the Variance on the following roll call vote, to wit: AYES9 COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager recommended that, in the interests of economy, the present schedule of 2 trash collections weekly in the residential sections and daily collection in the business section be reduced to 1 collection weekly in the residential sections and in the business sections,rany excess of trash from business houses to be disposed of by the proprietor. The City Manager also suggested that the present schedule of 3 garbage collections weekly in residential sections and daily collections in the business sections be reduced to 2 garbage collections weekly in both residential and business sections. He suggested that the proposed reduction in service become effective September 15th and that a limit of 16 cu, ft. be established for trash collections, and that the Ordinance requiring the setting out of garbage and trash cans be strictly enforced, On motion of Councilman Smith, seconded by Councilman Bennett and carried, the reductions were approved. Councilman Smith also presented a prepared list repeating his suggestions for economies. Planning Commission Res. No. 578 granting 20' front - yard setback to Blk 5399 Canal Sec. Council concurrs C. Mgr. presents new trash & garbage schedules in interests of economy.. Reduction in service to begin Sept. 15th, with Council approval. The City Attorney stated that it was within the power Discussion on forms for of the Council to appoint a committee to draft a charter for drafting charter and submission to the vote of the people, if the council so desired. election or appointing of Speaking from the floor, Mr. Cubbage of the Harbor Citizens Board of Freeholders. League, stated that he would have petitions for a special election to choose a Board of Freeholders to draft a charter, by September 15th. Councilman Isbell suggested that the Council appoint 5 members of a committee to draft a charter and save the cost of a special election. Councilman Finch suggested that each coun- Action deferred to Sept. 14 cilman nom1nate 3 candidates for this committee, one to be chosen. After general discussion, action was deferred until September 14th, 1953 On motion of Councilman Isbell, seconded by Councilman Adjournment Bennett and carried, the council adjourned sine die. ATTEST: Q City Clerk Mayor The City Clerk announced that this was the time and place Hearing on vacation & aban- set in Resolution of Intention No, 1+113 for a hearing on the donment of alley in Blk 19 proposed closing up, vacation and abandonment of that certain Tract 27. alley in Block 19 Tract 279 in the City of Newport Beach. The Mayor declared the hearing open and the Clerk announced that no written communications had been received. No one spoke from the floor and the Mayor declared the hearing closed. Hearing closed ' On motion of Councilman Smithy seconded by Councilman Finch, Resolution No. 1+121+2 being a Resolution ordering the va- Resolution No. 1+121+ adopted ordering vacation of above. cation of the alley was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The proposed water contract with the Federal 011 Company, water contract with Federal being a transfer of a contract hitherto held by the Deeble -Smith Oil Company, being transfer Company, having been held over from a previous meeting, was taken from Deeble -Smith Co. under consideration. On motion of Councilman Isbell, seconded by Councilman Resolution No, 1+125 adopted Bennett, Resolution No, 4125, being a resolution approving the approving Federal Oil contract with a stipulation permitting cancellation on 30 days water contract. notice, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES9 COUNCILMEN: None • ABSENT COUNCILMEN: None NEW BUSINESS.° The transfer of pier permit No. A -201 from L. Byron Transfer pier permit No. Culver and Eunice V. Culver to Leland J. Bolin and Mildred M. A -201 from Culver to Bolin. ' Bolin of 1210 South Bay Front, Balboa Island, having been recom- mended by the City Engineer, was approved on motion of Councilman Isbell, seconded by Councilman Bennett and carried. The Oath of Office of Roger E. Neth as a police reserve Oath of Office Roger E. Re-1.7 officer was approved on motion of Councilman Smith, seconded by as reserve cfficer Councilman Finch and carried. 1 I I 0 iJ 11 Planning Commission Resolution No. 578, being a resolu- tion granting a Variance in front -yard setback from 30' to 20' in Block 5399 Canal Section, was presented. On motion of Councilman Isbell, seconded by Councilman Bennett, the Council concurred with the Planning Commission in granting the Variance on the following roll call vote, to wit: AYES9 COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Manager recommended that, in the interests of economy, the present schedule of 2 trash collections weekly in the residential sections and daily collection in the business section be reduced to 1 collection weekly in the residential sections and in the business sections,rany excess of trash from business houses to be disposed of by the proprietor. The City Manager also suggested that the present schedule of 3 garbage collections weekly in residential sections and daily collections in the business sections be reduced to 2 garbage collections weekly in both residential and business sections. He suggested that the proposed reduction in service become effective September 15th and that a limit of 16 cu, ft. be established for trash collections, and that the Ordinance requiring the setting out of garbage and trash cans be strictly enforced, On motion of Councilman Smith, seconded by Councilman Bennett and carried, the reductions were approved. Councilman Smith also presented a prepared list repeating his suggestions for economies. Planning Commission Res. No. 578 granting 20' front - yard setback to Blk 5399 Canal Sec. Council concurrs C. Mgr. presents new trash & garbage schedules in interests of economy.. Reduction in service to begin Sept. 15th, with Council approval. The City Attorney stated that it was within the power Discussion on forms for of the Council to appoint a committee to draft a charter for drafting charter and submission to the vote of the people, if the council so desired. election or appointing of Speaking from the floor, Mr. Cubbage of the Harbor Citizens Board of Freeholders. League, stated that he would have petitions for a special election to choose a Board of Freeholders to draft a charter, by September 15th. Councilman Isbell suggested that the Council appoint 5 members of a committee to draft a charter and save the cost of a special election. Councilman Finch suggested that each coun- Action deferred to Sept. 14 cilman nom1nate 3 candidates for this committee, one to be chosen. After general discussion, action was deferred until September 14th, 1953 On motion of Councilman Isbell, seconded by Councilman Adjournment Bennett and carried, the council adjourned sine die. ATTEST: Q City Clerk Mayor