Loading...
HomeMy WebLinkAbout10/26/1953 - Regular Meeting• 1 f October 26, 1053 The City Council of the City of Newport Beach met in regular session in the City Council chambers of the City Hall at the hour of 7 :30 p,m, The roll was called, the following members answering Roll Call present: Smith, Bennett, Finch, Miller; Councilman Isbell being absent. Upon motion of Councilman Finch, seconded by Councilman Minutes approved Bennett and carried, reading of the previous minutes was waived and they were approved as written, Certain demands having been approved by the Finance Committee were ordered paid, upon motion of Councilman Smith, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Bennett, & Miller, NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell COMMUNICATIONS: The request of N. A, & Gerry Artukovich for the use of water in the construction of a 51+" outfall sewer along Bushard Road was granted on motion of Councilman Finch, seconded by Councilman Bennett, with the stipulation that the Artukovichs' settle their pending damage account with the City by the following roll call vote, to wit: ' AYES; COUNCILMEN: Smith, Finch, Bennett, & Miller, NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell L D 1 9 The City Manager reported that the construction and furnishing of the new headquarters fire station had been com- pleted and that a balance of $8,;233,41 remained in the fund, He suggested that this be transferred to the funds set aside for the relocation of P.E. railway terminal facilities, and on motion of Councilman Finch, seconded by Councilman Bennett, and carried, the allocation was approved. Notice was received from the State Department of Public Works of the Department's intention to relinquish a certain portion of State Highway, known as Old County Road, within the City limits, On motion of Councilman Smith, seconded by Councilman Bennett and carried, notice was ac- cepted and ordered filed, A letter from Elsie M. Bane and M. J. Bane protesting the use of property at 1501 BAlboa Boulevard for a cabinet shop, was read, The City Clerk pointed out that the Planning Commission had denied application for a Use Permit at that address and that as a consequence the project had been dropped, Upon motion of Councilman Smith, seconded by Councilman Bennett, and carried, the letter was ordered filed, The Chief of Police reported thAt complaints had been received from citizens relative to the conduct of magazine solicitors carrying exempt licenses to operate in the City. He recommended that steps be taken to require the finger printing and investigation of applicants for exempt licenses, the City ,ttorney suggested tYiat the proposed action be broadened to include Police Department investigation of all applicants for licenses requiring approval of the City Council, On motion of Councilman Smith, seconded by Councilman Bennett, the City ..Attorney was instructed to draft the recommended amendment to the Municipal Code by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Bennett, & Miller. NOES, COUNCILMEN: hone ABSENT COUNCILMEN° Isbell LICENSES° The application of Robert A. Ramsey for a 'License to operate the fountain grill at 31+61 Via Lido, subject to the approval of the Health officer, was granted on motion. of Councilman Smith, seconded by Councilman Finch and carried. Demands approved & ordered paid Artukovich request for water at Bushard Rd, Balance of funds to furnish fire station transferred to P,E, terminal relocat�m fund Notice from Dept, of Pub- lic Works of relinquishing portion Old County Rd. Protests of use of propel-ta at 1501 Balboa Blvd for cabinet shop C. Atty, instructed to draft ordinance requiring check by Police Department of license applicants Robt, A. Ramsey appin to operate fountain grill at 3461 Via Lido approved The application of Chester E, :.:ells for a license to Chester E. wells appin to operate a service station at 518 Coast Highway, Corona del Mar, operate service station at being a change of ownership, was approved on motion of Coun- 518 Coast Hiway approved, cilman Smith.,seconded by Councilman cinch and carried. The application. of Hill.- Hutson Enterprises Inc,, for license to operate a restaurant and cocktail lounge at 705 Coast Highway, sLqect to the approval of the Health Officer was granted on motion of Councilman Smith, seconded by Coun- cilman Finch and carried. a Hill - Hutson appin to oper- ate restaurant & cocktail lounge at X05 Coast Hiway approved® 296 Hannie Feigenbaum appin to The application of Minnie Feigenbaum for a license conduct auction at Ren- to conduct an auction at the Rendezvous Ballroom on dezvous Oct- 31, Granted, Saturday, October 31st, was granted on motion. of Councilman Smith, seconded by Councilman Finch and carried, Appins to solicit magazine The applicationsofi John Moslander, Chester Cheasbro, subscriptions referred to Mike Perry, Neil Hanson, Jim Brooks, Robert icing, Alfred Pinks, Polo Dept. & C. Atty. Earl Chenoweth to solicit magazine subscriptions through the National Literary Association under interstate commerce ex- emption were referred to the Police Department and to the City Attorney with the stipulation that the applicants be finger printed and their records cleared, on motion of Councilman Smith, seconded by Councilman Bennett and carried, Clementina C. Cookingham The application of Mrs. Clementi.na Co Cookingham for an apple solicit cards house exempt license to solicit greeting cards from house to house to house referred to C.Atty -was referred to the City Attorney on motion of Councilman Smith, seconded by Councilman Bennett and carried, UNFINISHED BUSINESS-. Hearing - Vacation of The City Clerk reported that this was the time and portion street between place set for hearing on the proposed vacation and abandon - Orange & Fern Sts. ment of a portion of a street, designated as the Ocean. Front between. Orange Street and Fern Street, and stated that he had _received no written objections to the proposed abandonment. The mayor declared the hearing open, No one spoke from the floor, and the Mayor declared the hearing closed. On motion of Councilman Smith, seconded by Coun.ci.Aman Resolution Noo 415 Finch, Resolution No. 4155, being a resolution ordering the Ordering vacation of vacation of the following described portion. of the Ocean Front portion street. between Orange Street and Fern Street Beginning at the most southerly corner of Lot 12 Block H, as shown upon a map of Seashore Colony Tract, recorded in Miscellaneous ?daps, Book 79 Page 259 records of Orange County, California; thence northwesterly along the southwesterly line of said Lot 1 to the most westerly corner of said lot; thence southwesterly along the southwesterly prolongation of the northwesterly line of said lot to an intersection with a line being 15 feet dis- tant, from., measured at right angles find lying parallel with the southwesterly line of said Lot 19 thence southeasterly along said parallel line to an intersection with the southwesterly prolongation.of the southeasterly line of said Lot l; thence northeasterly along said soothwesterl.y prolongation to the point of beginning, was adopted by the following roll call vote, to wits AYES, COUNCILMEN.- Smith, Finch, Bennett, Miller NOES, COUNCILMEN; None ABSENT COUNCILMEN; Isbell On motion of Councilman Finch, seconded by Councilman Resolution-go, 4156 Smith, Resolution No- 4156, being a resolution accenting a Accepting Grant Deed from Grant Deed from H. E. Wellman and Lute H. Wellman, husband H. E. & Lute H, Wellman and wife on a portion of Lot 1, Block H, as shown upon a map Lot 1, Blk H, Seashore Col, of Seashore Colony Tract, recorded in Miscellaneous Maps, Book 7, Page 25, Records of Orange County, California being 15 feet in width measured at right angles and lying adjacent to and parallel with the most northeasterly line of said Lot I was adopted by the following roll call vote, to wit- AYES9 COUNCILME142 Smith, Finch, Bennett, Miller, NOES,COUNCILMENs None ABSENT COUNCILMEN- Isbell Resolution -LO—. Am On motion of Councilman Smith, seconded by Councilman. Directing Finance Officer Bennett, Resolution No, 41.57, being a resolution authorizing to file annual report under and directing the Finance Officer to make and file with the §21519 Sts & Hit3ys Code. State Controller each year the annual Street Report required by Section 2151 of the Streets and Highways Code of the State of California, was adopted by the following roll call vote, to wits Ordinance No- 696 AYES9 COUNCILMEN.- Smith9 Finch, Bennett, Miller, NOES9 COUNCILMEN.- None ABSENT COUNCILMEN.- Isbell Ordinance No. 696, being Changing names of St. James AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGING and Kings Road THE NAMES OF ST. JAMES ROAD AND KINGS ROAD presented for second was presented for second reading, and on motion of reading. Councilman Finch, seconded by Councilman. Smith and carried, reading of the Ordinance was waived, 1 I u 1 1 1 • On motion of Councilman Finch, seconded by Councilman Smith Ordinance No. 696 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell ' Ordinance No. 697 being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 101555 REGULATING STRUCTURES IN NEWPORT HARBOR AND PRO- VIDING FOR FEES FOR PERMITS THEREFOR ' was presented for second reading, and on motion of Councilman Finch, seconded by Councilman Smith and carried, the reading of the Ordinance was waived. On motion of Councilman Finch, seconded by Councilman Smith, Ordinance No. 697 was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Smith, Finch, Bennett, Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell The report of the Planning Commission, approving and recom- mending the proposed annexation to the City of Newport Beach of the triangular shaped territory southerly of 15th Street, known as the Stricker Annexation was read. • On motion of Councilman Finch, seconded, by Councilman Ben- nett, Resolution No. 4158 being a resolution giving the consent of the City to the proceeding of the proposed annexation, under the provisions of the Annexation Act of 1913, was adopted by the following roll. call vote to wit: ' AYES, COUNCILMEN: Smith, Finch, Bennett, Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN. Isbell I • J 1 40 The City Clerk reported that in accordance with the instructions of the Council, he had verified signatures attached to a petition for the election of a Board of Freeholders, and found that the petition failed of qualification by twenty -six signatures. He also reported that three additional petitions had been received bearing 63 signatures. On motion of Councilman Smith, seconded by Coun- cilman Finch and carried, the Clerk was instructed to verify the additional signatures and report to the Council at an adjourned meeting, at 11 :00 o'clock, Wednesday morning, October 28th, 19530 Ordinance No. 696 Adopted Ordinance No. 697 Regulating structures & providing fees for permits therefor presented for 2nd reading. Ordinance No. 697 Adopted Stricker Annexation Planning Commission report presented. Resolution Noo 4158 Co�asenting to proceed- ing of annexation under 1913 Act. City Clerk's report on verification of sig- natures in connection with petitionfor Free- holders Election. On motion of Councilman Smith, seconded by Councilman Bennett, C. Atty. instructed to and carried, confirmation by General Counsel of the League of get opinion from Gen - Cities of the ruling of the City Attorney regarding the validity eral Counsel of L.C.C. of signatures of voters registered in 1953 for the first time in re: registered voters the City was .requested. NEW BUSINESS° On motion of Councilman Finch, seconded by Councilman Ben- nett, Resolution No. 4159 being a resolution accepting a Grant Deed of easement from Elizabeth Victoria Butterfield, covering a right of way over Lot 1.3, Block 4319 Corona del Mar tract, more particularly described as follows: Beginning at a point in the southwesterly line of said Lot 13, said point being distant 39.00 feet from the most westerly corner of said .Lot 13, said point also being the true point of beginning, thence northeasterly on a straight line to an intersection with the northeasterly line of said Lot 13, said point of intersection being distant 50.00 feet from the most northerly corner of said Lot 13, was adopted on the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Bennett, & Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Isbell The application of Zelpha T. Roberts for a variance at 3501 -3507 Finley Avenue from the existing 40 feet to a 3G foot setback, having been approved by the Planning Commission, was presented. On motion of Councilman Bennett, seconded by Coun- cilman Finch and carried, the Council concurred with the Plan- ning Commission in granting the Variance. The application of William J. O'Keefe for a variance to permit the construction of a porch deck on the second floor with roof to extend a. maximum of two feet into the five foot front yard setback in Lot 5, Block A, Corona del Mar, having been approved by the Planning Commission, was presented and on motion of Councilman Smith, seconded by Councilman Finch and carried, the Council concurred with the Planning Commission in granting the Variance. Resolution No. 41st Accepting Grant Deed Eliz. V. Butterfield Lot 13, Blk 4319 CDM. Zelpha T. Roberts Granted Variance at 35013507 Finley Ave. Wm. J. O'Keefe granted Variance at Lot 5, Blk A, CDM. Resolution of Intention The City Attorney presented Resolution No. 4160, Noo l 0 to annex being a Resolution of Tntention to annex certain unin- Linda Isle and setting habited areas in and adjoining Newport Bay, and setting date for hearing as the date for hearing as December 1�th, 1953 at '7030 P,Mo Deco 149 1953 On motion of Councilman Finch, seconded by Councilman Bennett, Resolution Noe 4160 was adopted by the following roll call vote', to -wit-, AYES, COUNCILMEN: Smith, Finch, Bennett, & Millers NOES, COUNCILMEN: None ABSENT COUNCILMEN; Isbell The City Attorney presented. Ordinance No, 698, being Ordinance Noe 698 and ordinance changing the zoning of the area known as, changing the zoning of "Irvine Terrace," from unclassified to R -1, and of a portion Irvine Terrace & portion of Lot D, Tract 919 from R -1 to R-3> On motion of Councilman Lot D, Tract 919 Bennett, seconded by Councilman Finch and carried, the presented reading of the Ordinance was waived. Councilman Smith stated that a city employee had been Co Smith's charges accorded preferential treatment by the Police Department and in-addition, stated that Councilman Finch had no city license for the publication of his newspaper "The Equalizer". Councilman Finch stated that he would be glad to be tkB third publisher of local newspapers to pay such a license, but until he was convinced that licensing newspapers was not an invasion of 'Freedom of the Press' he would withhold payment. Councilman Finch urged that an Ordinance be adopted Co Attyo instructed to giving the City power to order.the removalof old buildings which draft ordinance giving had become eyesores and moved that the City Attorney be in- City power to order remov- structed to draft an'Ordinance to this effect. The motion was al of "eyesores" seconded by Councilman Bennett and carried. On motion of Councilman Finch, seconded by Councilman Bennett and carried, the Council adjourned. until 11:00 o'clock Adjournment Wednesday morning, October 28th, 19530 ATTEST: City Clerk • u 1 LII 1 r� 0 1 1 • On motion. of Councilman Bennett, seconded by Coun- Reading waived and passed ci.lman Smith, Ordinance Noe 698 was passed to second reading to second reading. by the following roll call vote, to wit-, AYES, COUNCILMEN: Smith, Finch, Bennett, & Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN2 Isbell The City Manager reported that he had studied the Co Mgr's recommendation request of the Shoreline Planning Association for an expression rep support of Shoreline of support of the Association's program for allocation of funds Planning Assoc's program to be derived from Tidelands oil, and recommended tht the for allocation of funds Council go on record in support of the Association. derived from tidelands oil On motion of Councilman Finch, seconded by Councilman. Resolution No. 4161 Smith, Resolution No, 4161, being a resolution urging the re- urging ret3ntion of pro- tention of the present provisions of Section 6186 of the visions of §6186 Public Resources Code and distribution of "the remaining balance" of oil revenue, 3C% to the General. funds 23 1/3% to the State Beach Fundy and 46 2/3% to the State Park fund, was adopted by the following roll call vote, to wit; AYES, COUNCILMEN. Smith, Finch, Bennett, & Miller. NOES, COM ILMEN: None ABSENT COUNCILMEN: Isbell Councilman Smith stated that a city employee had been Co Smith's charges accorded preferential treatment by the Police Department and in-addition, stated that Councilman Finch had no city license for the publication of his newspaper "The Equalizer". Councilman Finch stated that he would be glad to be tkB third publisher of local newspapers to pay such a license, but until he was convinced that licensing newspapers was not an invasion of 'Freedom of the Press' he would withhold payment. Councilman Finch urged that an Ordinance be adopted Co Attyo instructed to giving the City power to order.the removalof old buildings which draft ordinance giving had become eyesores and moved that the City Attorney be in- City power to order remov- structed to draft an'Ordinance to this effect. The motion was al of "eyesores" seconded by Councilman Bennett and carried. On motion of Councilman Finch, seconded by Councilman Bennett and carried, the Council adjourned. until 11:00 o'clock Adjournment Wednesday morning, October 28th, 19530 ATTEST: City Clerk • u 1 LII 1 r� 0 1 1 •