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HomeMy WebLinkAbout11/23/1953 - Regular Meeting0 C I I r] I 1 30 November 23, 1953 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 present: Smith, Isbell, Bennett, Finch, and Miller. Roll Call Upon motion of Councilman Isbell, seconded by Coun- cilman Bennett, certain demands were approved and ordered paid, Demands approved having been approved by the Finance Committee, upon the follow- ing roll call vote, to wit: AYES, COUNCILMEN: Smith, Isbell, Bennett, Finch, & Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS: The Harbor Master reported that all boats had been Harbor Master's report moved and moorings relocated in the 18th -19th Street area and on relocation of moorings recommended that a protected swimming area be established at between 18th & 19th Sts. that beach. Upon motion of Councilman Isbell, seconded by Councilman Finch and carried, the letter was ordered filed. The Corona del Mar business Associati &n notified the City Council that it had voted unanimously in favor of widening the highway through Corona del Mar and further recommended that an island be installed in the middle of the street separating traffic. Upon motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried, the communication was referred to the State Department of Highways. The Monterey Oil Company submitted a plan for re- drilling that portion of the well being drilled under the Elliott Contract below the 1,000 foot level. On motion of Councilman Finch, seconded by Councilman Bennett and carried, the plan was authorized. The Balboa Bay Club requested approval of the develop- ment program planned by the Newport Bay Company in connection with current negotiations with C. W. Murchison of Dallas, Texas, for additional financing. Construction of two, taco -ttory buildings containing approximately 50 dwelling units, was pro- posed and on motion of Councilman Isbell, seconded by Council- man Bennett, the program was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Finch, Isbell, and Bennett NOES, COUNCILMEN: Smith and Miller ABSENT COUNCILMEN: None C.D.M. Bus. Assoc. letter favoring widening of hiwy thru CDM & recommending traffic islands. Monterey Oil Co. plan authorized for drilling on Elliott Contract. Balboa Bay Club request approval of development program with Murchison backing. The City Manager requested authority for the replacementC. Mgr. granted authority of three police cars to be delivered on or after December 1st to replace 3 police cars, and on motion of Councilman Bennett, seconded by Councilman Smith, the authority was granted on the following roll call vote, to wit: AYES, COUNCILMEN: Finch, Smith, Isbell, Bennett, & Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Letters from Richard & Sara Blatterman, R. C. Howie, and H. E. Wellman, pointing out that an error in location of lots in Block H, Seashore Colony Tract, had been disclosed by a recent survey and asking the vacation of a small triangular portion of Orange Street to Lot 1, in Block H, Seashore Colony Tract, to permit the relocating of the lot lines, were read. On motion of Councilman Finch, seconded by Councilman Bennett, Resolution No. 4170, being a resolution approving the map of the portion to be vacated was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Isbell, Finch, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Blatterman - Howie - Wellman requesting triangular va- cation at Orange St. to relocate lot lines. Resolution No. 1+170 Approving map of vacation Lot 1, Blk H, Sea. Col. On motion of Councilman Isbell, seconded by Councilman Resolution No.l�l Finch, Resolution No. 4171, being a resolution of intention to Rea. cy _sn.'ention to va- vacate that portion of Orange Street, setting the date for cate same and setting date hearing as December 28th, was adopted by the following roll call for hearing as Dec. 28th. vote, to wit: AXES, COUNCILMEN. Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None 30 (1 The City Engineer submitted an offer from Goode & Goode Approval of Goode & to appraise properties known as Parcels l to 11 inclusive, Goode Company to appraiseDwned by the Pacific Electric Railway Company on the basis of $75 PE property. per day for the time expended- -the maximum cost of the appraisal not to exceed $825.00. t On motion of Councilman Isbell, seconded by Councilman Finch, employment of Goode & Goode was authorized by the follow- ' ing roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Authority granted to in- The City Engineer recommended that a connection be made stall connection at in- to the Fairview Water District at the intersection of 19th and tersection.of 19th & Whittier Streets, for the purpose of fire protection, estimating Whittier. Water for the cost as not exceeding $1200. On motion of Councilman Isbell, fire protection. seconded by Councilman Bennett, the construction of the connection was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett4 Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Filing of Notice from Notice was received from the Metropolitan Water District Met. Water Dist. that that the city could, if it so desired, pay out of municipal city could pay dist. tax funds the district tax levy. On motion of Councilman Isbell, levy from municipal fund.—c:econded by Councilman Bennett and carried, the letter was ordered filed. • Ensign P.T.A. opposing The Horace Ensign P.T.A. expressed its opposition to the commercial zone near establishment of a business district across from the Newport High School. Harbor Union High School. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the letter was ordered filed. , Claxton, Claire complains Claire Claxton, 127 42nd Street,:complained of discrimin- off discrimination in ation in the permission of trash burning in barrels in her trash burning in barrels neighborhood. On motion of Councilman Isbell, seconded by Councilman Smith and carried, the letter was referred to the City Manager,. Mullen, Harry Exempt The application of Harry Mullen for an exempt license for a applan lawn mower sales lawn mower sales and service on the grounds of veterans disability & service. To. C.Atty. was referred to the City Attorney on motion of Councilman Finch, seconded by Councilman Isbell and carried. Murray, Mary Lee for ex- The application of Mary Lee Murray for an exempt license empt license to solicit to solicit magazine subscriptions house to house in interstate - magazine subscriptions. commerce, was referred to the City Attorney on motion of Councilman To. C.Atty. inch, seconded by Councilman Smith and carried. Hill, Wm. R. Exempt license The application of William R. Hill for an exempt license Fuller Brush. C.Atty. to sell Fuller Products in inter -state .commerce was referred to the City Attorney on motion of Councilman Pinch, seconded by Councilman Isbell and carried. Bostwich, George Exempt The application of George Bostwich for an exempt license to appV n to peddle fruits sell fruits and vegetables house to house on grounds of veterans & vegetables. To C.Atty. disability was referred to the City Attorney on motion of Coun- cilman Finch, seconded by Councilman Isbell and carried. LICENSES: H.R. Brooks appl °n The application of H. R. Brooks for a license to operate operate serv. stn. at the Shell Service Station, at 318 Coast.Hiway, Corona del Mar, 318 Coast Hiway, CDM. being a change in ownership was approved on motion of Councilman Finch, seconded by Councilman Bennett and carried. ' Delaney Bros. Seafood The application of Delaney Bros.,Seafoods to conduct a 2800 Lafayette Ave. wholesale fish and seafood business at 2800 Lafayette Avenue, was granted on motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried, with the stipulation that a wholesale business only be conducted at that address. Lagano, Thomas J. The application of Thomas J. Lagano for a license to operate Driving School at 10182 an educational driving school at 10182 Coast Hiway, Corona del Mar, Coast,.CDM. To P.D. was referred to the Police Department on motion of Councilman Isbell, seconded by Councilman Finch and carried. McDaniel, Fred H. to op- The application of Fred H. McDaniel for a license to ' erate cafe at 1800 Viler operate the cafe at 18OG Vilelle Place, being a change in owner - Pl. ship, was approved on motion of Councilman Isbell, seconded by Councilman Finch and carried. Mullen, Harry Exempt The application of Harry Mullen for an exempt license for a applan lawn mower sales lawn mower sales and service on the grounds of veterans disability & service. To. C.Atty. was referred to the City Attorney on motion of Councilman Finch, seconded by Councilman Isbell and carried. Murray, Mary Lee for ex- The application of Mary Lee Murray for an exempt license empt license to solicit to solicit magazine subscriptions house to house in interstate - magazine subscriptions. commerce, was referred to the City Attorney on motion of Councilman To. C.Atty. inch, seconded by Councilman Smith and carried. Hill, Wm. R. Exempt license The application of William R. Hill for an exempt license Fuller Brush. C.Atty. to sell Fuller Products in inter -state .commerce was referred to the City Attorney on motion of Councilman Pinch, seconded by Councilman Isbell and carried. Bostwich, George Exempt The application of George Bostwich for an exempt license to appV n to peddle fruits sell fruits and vegetables house to house on grounds of veterans & vegetables. To C.Atty. disability was referred to the City Attorney on motion of Coun- cilman Finch, seconded by Councilman Isbell and carried. I. 1 1 0 1 E UNFINISHED BUSINESSs On motion of Councilman Isbell, seconded by Councilman Al Anderson's request *_E Bennett and carried, the request of Al Anderson for a lease on lease Bayfront property the R)rmer Harbor Masters office at Washington Street on the Bay taken from the table. was taken from the table. On motion of Councilman Smith, seconded by Council- C. Mgr° instructed to man Finch and carried, the City Manager was instructed to prepare prepare specifications specifications for informal bids for the leasing of this property. for informal bids for leasing of said propert_ NEW BUSINESS° Resolution No. 4172, being a resolution accepting a Grant Deed of Easement for sewer purposes from John F. Vogel and Resolution No, 4172 Lois T. Vogel, covering a portion of Lot 4, Block 12, Tract No. 27 Grant Deed from Vogel more particularly described as follows: 4/12/27 Beginning at a point in the northeasterly lot line of Lot 4 of said Block 12, said point being north 50° 10' 00" west and distant 85.00 feet from the most easterly corner of said Lot 4; thence in a straight line to an intersection with the south- westerly lot line of said Lot 4 said point of intersection being north 500 108 00" west and distant 81.50 feet from the most southerly corner of said Lot 4. was adopted on motion of Councilman Isbell, seconded by Council- man Bennett and carried by the following roll call vote, to wit:. AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4173, being a resolution accepting a Grant Deed of Easement for sewer purposes from John F. Vogel and Lois T. Vogel, covering a portion of Lot 5, Block 12, Tract No. 27 more particularly described as follows: Beginning at a point in the northeasterly lot ,line of Lot 5 of said Block 12, said point being .north 50° 10' 00" west and distant 81.50 feet from the most easterly corner of said Lot 5; thence in a straight line to an intersection with the southwesterly lot line of said Lot 5, said point of intersection being north 501 1G'00D1 west and distant 78.00 feet from the most southerly corner of said Lot 5. was adopted on motion of Councilman Isbell, seconded by Council= man Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4174, being a resolution accepting a Grant Deed of Easement for sewer purposes from George E. Weber covering a portion of Lot 2, Block 12, Tract No. 27, more par- ticularly described as follows: Beginning at a point in the northeasterly lot line of Lot 2 of said Block 12, said point being north 500 101 west and distant 88.50 feet from the most easterly corner of said Lot 2; thence south 390 50' west, a distance of 16094 feet to and intersection with a line, said line being 75.00 feet distant from the most northerly and westerly corners and measured along the northeast- erly and southwesterly lines of said Lot 2 Resolution Noo 4173 Grant Deed from Vogel 5/12/27 Resolution No. 4174 Grant Deed from G °Weber 2/12/27 was adopted on motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried by the following roll call vote, to wit: 0 AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4175, being a- resolution accepting a Resolution No. 4175 ' Grant Deed of Easement for sewer purposes from Matt Didak & Grant Deed from Didak Jennie Didak covering a portion of Lot 89 Block 12, Tract No. 8/12/27 27, more particularly described as follows: . Beginning at a point in the northeasterly lot line of Lot 8. of said Block 12, said point ' being north 500 10' 0011 west and distant 75.50 feet from the most easterly corner of said Lot 8; thence in a straight line to an inter- section with the southwesterly lot line of said Lot 8, said point of intersection being north 50° 10' 00" west and distant 76.50 feet from the most southerly corner of said Lot 8. was adopted on motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried by the following roll call vote, to -wit: M was adopted on motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4177 Resolution No. 4177, being a resolution accepting Grant Deed from Didak a Grant Deed of Easement for sewer purposes from Matt Didak 10/12/27 and Jennie Didak covering a portion of Lot 10, Block 12, Tract No. 27, more particularly described as follows -- Beginning at a point in the northeasterly lot line of Lot 10, of said Block 12, said point ' being north 500 10' 0011 west and distant 77.50 feet from the most easterly corner of said Lot 10; thence in a straight line to an inter- section with the southwesterly lot line of Lot 10, said point of intersection being north 500 101 001, west and distant 78.50 feet from the most southerly corner of said Lot 10, was adopted on motion of Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None Resolution No. 4178 Resolution No. 4178, being a resolution accepting Grant Deed from Landis a Grant Deed of Easement for sewer purposes from William I. 11/12/27 Landis and Gladys Landis, covering a portion of Lot 11, Block 12, Tract No. 279 more particularly described as fol- lows. Beginning at a point in the northeasterly lot line of Lot 11 of said Block 12, said point being north 500 10' 0011 west and distant 78.50 feet from the most easterly corner of said Lot 11; thence south 71° 43" 49" west a distance of 40.69 feet to an intersection with a line lying ' parallel to and distant 100.00 feet from the southeasterly line of said Lot 11. was adopted on motion of Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: • AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES COUNCILMEN: None ABSENT COUNCILMEN: None Lido Isle Community Assoc. The Lido Isle Community Association through Bunster requested amendment of Creely, Manager, requested amendment of the lease on Lido Isle lease to include waterfrt waterfront property to add an area lying south of the Lido Isle prop. So. of lido bridge. bridge for small boat moorings. On motion d Councilman Isbell seconded by Councilman Finch and carried the request was tabled. Transfer of Pier Permit The application of Mr. & Mrs. J. A. Guthrie for A -47 from Boudinot & Clark transfer of pier permit No. A -47 from E. E. Boudinot and George to Guthrie. E. Clark covering the pier at 1116 Bay Ave, Newport Beach, being recommended by the City Engineer, was approved on motion of Councilman Isbell, seconded by Councilman Bennett and carried. Oath of Offico of Galvin The oath of office of Galvin R. Keene as a Planning R. Keene, Planning Comm. Commission member was approved on motion of Councilman Finch, seconded by Councilman Smith and carried. ' AYES, COUNCILMEN: Smith, Finch' Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4176 Resolution No. 4176, being a resolution accepting . Grant Deed from Didak a Grant Deed of Easement for sewer purposes from Matt Didak 9/12/27 and Jennie Didak, covering a portion of Lot 9, Block 12, ' Tract No. 27, more particularly described as follows: Beginning at a point in the northeasterly lot line of Lot 9, of said Block 12, said point being north 500 10' 001' west and distant 76.50 feet from the most easterly corner of said Lot 9; thence in a straight line to an inter- section with the southwesterly lot line of said Lot 9, said point of intersection being north 500 10' 00" west and distant 77.50 feet from the most southerly corner of said lot 9. was adopted on motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4177 Resolution No. 4177, being a resolution accepting Grant Deed from Didak a Grant Deed of Easement for sewer purposes from Matt Didak 10/12/27 and Jennie Didak covering a portion of Lot 10, Block 12, Tract No. 27, more particularly described as follows -- Beginning at a point in the northeasterly lot line of Lot 10, of said Block 12, said point ' being north 500 10' 0011 west and distant 77.50 feet from the most easterly corner of said Lot 10; thence in a straight line to an inter- section with the southwesterly lot line of Lot 10, said point of intersection being north 500 101 001, west and distant 78.50 feet from the most southerly corner of said Lot 10, was adopted on motion of Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None Resolution No. 4178 Resolution No. 4178, being a resolution accepting Grant Deed from Landis a Grant Deed of Easement for sewer purposes from William I. 11/12/27 Landis and Gladys Landis, covering a portion of Lot 11, Block 12, Tract No. 279 more particularly described as fol- lows. Beginning at a point in the northeasterly lot line of Lot 11 of said Block 12, said point being north 500 10' 0011 west and distant 78.50 feet from the most easterly corner of said Lot 11; thence south 71° 43" 49" west a distance of 40.69 feet to an intersection with a line lying ' parallel to and distant 100.00 feet from the southeasterly line of said Lot 11. was adopted on motion of Councilman Isbell, seconded by Councilman Bennett and carried by the following roll call vote, to wit: • AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES COUNCILMEN: None ABSENT COUNCILMEN: None Lido Isle Community Assoc. The Lido Isle Community Association through Bunster requested amendment of Creely, Manager, requested amendment of the lease on Lido Isle lease to include waterfrt waterfront property to add an area lying south of the Lido Isle prop. So. of lido bridge. bridge for small boat moorings. On motion d Councilman Isbell seconded by Councilman Finch and carried the request was tabled. Transfer of Pier Permit The application of Mr. & Mrs. J. A. Guthrie for A -47 from Boudinot & Clark transfer of pier permit No. A -47 from E. E. Boudinot and George to Guthrie. E. Clark covering the pier at 1116 Bay Ave, Newport Beach, being recommended by the City Engineer, was approved on motion of Councilman Isbell, seconded by Councilman Bennett and carried. Oath of Offico of Galvin The oath of office of Galvin R. Keene as a Planning R. Keene, Planning Comm. Commission member was approved on motion of Councilman Finch, seconded by Councilman Smith and carried. ' The oath of office of Edwin A. Brawn as patrolman was approved on motion of Councilman Finch, seconded by Councilman Smith and carried. 309 Oath of office for Edwin A. Brawn, Pa- trolman On motion of Councilman Isbell, seconded by Council- man Bennett and carried, a recommendation was ordered sent to the Planning Commission that the zoning law.be amended to remove setback requirements in that portion of Corona Highlands abutting the Irvine Company property where rear yard setbacks are not necessitated. Recommendation to Plan. Comm. that law be amended to remove setback requirements on certain property 9, the Highlands. The City Engineer stated that residents of Bay Avenue C. Engr. authorized t. had requested a setback in the curbing for approximately one install curbing on Ban block between 9th and 10th Streets on Bay Avenue, and on motion Aveo, between 9th & of Councilman Isbell, seconded by Councilman Bennett, the in- 1Cth Sts, stallation of the curbing was authorized and action on the re- quested setback was deferred on the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented Resolution No. 4179, Resolution No. 4179 being a resolution establishing service charges for trash Establishing charge ' and garbage pickups from business establishments in excess of for trash & garbage residential service. the resolution emobdyied a charge of pickups over maximum $.15 per 8 cu. ft. unit for trash and $.25 per 10 gal. cu. ft. in business areas. unit for garbage, the charge to become effective December lst, 1953• On motion of Councilman Isbell, seconded by Councilman Finch, Resolution No. 4179 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4180, being a resolution of agreement Resolution No. 418,Q by the city to take no further-steps on the original petition City agrees to no fur - for annexation of the area known as the "Seaquist Annexation" then action in "Sea - was presented by theCity Attorney. On motion of Councilman quiet Annex" area. Isbell, seconded by Councilman Bennett, Resolution No. 4180 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4181, being a resolution authorizing Resolution Noo 418 the Mayor and City Clerk to execute a deed to the Pacific Authorizing execution Electric Company and to accept in return an easement on cer- of deed to P.E. roa tain property used in the widening of Balboa Boulevard in ac- widening of Balboa ELvd ' cordance with an agreement made September 29, 1952, was adopted Resolution No. 4181 -A on motion of Councilman Finch, seconded by Councilman Smith Resolution o. and carried by the following roll call vote, to wit: g signing highway easement grant AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller ed by P.E. . NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 580 of the Planning Commission being Res. No. 580 of Plan- . a resolution proposing amendment of Section 9105.4 of the ning Commission pro - Zoning Law to prescribe the same regulations for residences posing amendment of ' in residential zones for residences in commercial cones was pre- sented and on motion of Councilman Isbell, seconded by Councilman Sec. 9105.4 of Zoning Law. Set for hearing Finch and carried, hearing was set for December 28th on the pro - Ddc. 28tho posed amendment. The application of R. S. Daggett for a Variance to Daggett Variance allow a garage to be constructed 6' 6" into the rear yard setback 2140 Balboa Blvd. Bal at 2140 Balboa Boulevard, Balboa, having been granted by the Plan- Granted ning Commission, was approved on motion of Councilman Isbell, seconded by Councilman Finch and carried. The application of Ted Laveson for a Variance to Laveson Variance allow a proposed apartment over an existing garage to overhang 317 Sapphire, B.I. into the 10' rear yard setback a distance of 216" at 317 Sapphire Granted Avenue, Balboa Island, having been granted by the Planning Com- mission was approved on motion of Councilman Finch, seconded by Councilman Smith and carried. The application of Charles 0. Good for a Variance to Good Variance appl °n allow a garage to be constructed 7' into the 10' rear yard set- rearyard setback in back at 620 Seaward Road, Corona Highlands, having been denied Corona Highlands. by the Planning Commission was presented to the City Council. P.C. over -ruled and A petition bearing seven (7) signatures of neighboring property Variance granted. owners urging the granting of the variance was presented from the floor by Mr. Good. On motion of Councilman Isbell, seconded by Councilman Bennett, the Planning Commission's denial was over -ruled and the Variance granted by the following roll call vote, to wit: ' AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Isbell, seconded by Council- man Bennett and carried, a recommendation was ordered sent to the Planning Commission that the zoning law.be amended to remove setback requirements in that portion of Corona Highlands abutting the Irvine Company property where rear yard setbacks are not necessitated. Recommendation to Plan. Comm. that law be amended to remove setback requirements on certain property 9, the Highlands. The City Engineer stated that residents of Bay Avenue C. Engr. authorized t. had requested a setback in the curbing for approximately one install curbing on Ban block between 9th and 10th Streets on Bay Avenue, and on motion Aveo, between 9th & of Councilman Isbell, seconded by Councilman Bennett, the in- 1Cth Sts, stallation of the curbing was authorized and action on the re- quested setback was deferred on the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Attorney presented Resolution No. 4179, Resolution No. 4179 being a resolution establishing service charges for trash Establishing charge ' and garbage pickups from business establishments in excess of for trash & garbage residential service. the resolution emobdyied a charge of pickups over maximum $.15 per 8 cu. ft. unit for trash and $.25 per 10 gal. cu. ft. in business areas. unit for garbage, the charge to become effective December lst, 1953• On motion of Councilman Isbell, seconded by Councilman Finch, Resolution No. 4179 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4180, being a resolution of agreement Resolution No. 418,Q by the city to take no further-steps on the original petition City agrees to no fur - for annexation of the area known as the "Seaquist Annexation" then action in "Sea - was presented by theCity Attorney. On motion of Councilman quiet Annex" area. Isbell, seconded by Councilman Bennett, Resolution No. 4180 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4181, being a resolution authorizing Resolution Noo 418 the Mayor and City Clerk to execute a deed to the Pacific Authorizing execution Electric Company and to accept in return an easement on cer- of deed to P.E. roa tain property used in the widening of Balboa Boulevard in ac- widening of Balboa ELvd ' cordance with an agreement made September 29, 1952, was adopted Resolution No. 4181 -A on motion of Councilman Finch, seconded by Councilman Smith Resolution o. and carried by the following roll call vote, to wit: g signing highway easement grant AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller ed by P.E. . NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The claim of Mrs. Catherine Taylor for damages as Claims Catherine Taylor a result of injuries suffered in a fall on the sidewalk at Fall on sidewalk. 124 Amethyst Avenue,iBalboa Island, on September 5, 1953, was Referred to insurance presented and ordered referred to the City's insurance carrier carrier. on motion of Councilman Smith, seconded by Councilman Finch • and carried. Ordinance No. 699, being ' Ordinance No. 699 AN ORDINANCE AMENDING SECTION 6134 OF THE MUNICIPAL Permitting finger- printingCODE AND PROVIDING, FOR POLICE INSPECTION OF CERTAIN LICENSE of certain license appli- APPLICANTS cants was given first reading by the City Attorney and was given first reading. on motion of Councilman Isbell, seconded by Councilman Bennett was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance Noo- 700 Ordinance No. 700, being Amending §6 of Ord. No. 691 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING presented and reading SECTION 6 OF ORDINANCE N0. 691 CHANGING THE EFFECTIVE DATE waived. OF AMENDED SECTIONS 8611 and 8111.1 OF THE MUNICIPAL CODE was presented and on motion of Councilman Finch, seconded by Councilman Smith and carried, reading of the • ordinance was waived. On motion of Councilman Finch, seconded by Coun- Ord. No. 700 passed to cilman Smith and carried, Ordinance No. 700 was passed to second reading. second reading by the following roll call vote, to wit: ' AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None C. Mgr. granted authority The City Manager asked authority to purchase a to purchase police car police car to replace a car damaged in an accident, stating for $7459 Plymouth. that the bid of the Plymouth dealer in the amount of $745 for the replacement was the-low bid. On motion of Councilman Isbell, seconded;,by Councilman Smith, tfie purchase of the car was authorized by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None C, Clk. requested permis- The City Clerk requested permission to leave the State sion to leave state to for the purpose of taking part in the American Municipal Associ- attend A.M.A. convention. ation convention at New Orleans and on motion of Councilman Isbell, seconded by Councilman Finch, permission was granted and reimbursement of expenses, exclusive of out -of -state travel, was authorized by the following roll call vote, to wit: On motion of Councilman Isbell, seconded by Councilman Adjournment. Bennett and carried, the council adjourned sine die. Mayor ATTEST: City Clerk AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Approval given for Xmas decoration plans at B.I. Hans Broering presented plans for Christmas decora- tions on the Balboa Island motion ' approach and on of Councilman approach. Isbell, seconded by Councilman Bennett and carried, plans were approved subject to the approval of the Police, Building and Fire Departments. Smith requests council to Councilman Smith moved that the District Attorney be file charges against Finchasked to prosecute Councilman Finch for what Councilman Smith for non - payment of licensetermed "a violation of the Municipal Code section pertaining for Equalizer. to the licensing of print shops and newspapers." The City Attorney read a legal opinion, prepared at C. Atty. °s legal opinion. the request of the City Manager, ruling that Councilman Finch's publication "THE EQUALIZER" was not subject to license under the constitutional provisions for the Freedom of the Press. Coun- cilman'Smith's motion died for a lack of second. On motion of Councilman Isbell, seconded by Councilman Adjournment. Bennett and carried, the council adjourned sine die. Mayor ATTEST: City Clerk