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HomeMy WebLinkAbout12/14/1953 - Regular Meeting311 December 14, 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, Finch, Isbell, Bennett, and Miller. Roll Call Upon motion of Councilman Isbell, seconded by Coun- cilman Bennett and carried, reading of the minutes of the previous Minutes approved 1 meeting was waived and,they were approved as written. The regular monthly demands, having been approved by Demands approved the Finance Committee, were approved and ordered paid on motion of Councilman Isbell, seconded -by Oouncilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett,Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None COMMUNICATIONS,. Mrs. John Oertly, legislation chairman of the Newport Nptb Bch. Elementary PTA Beach Elementary P.T.A., expressed concern over lack of adequate concerned over garbage trash and garbage collections. •A letter from the City Manager & trash pickups. pointing out that present schedules were comparable to service rendered by other cities, also was read. On motion of Councilman Isbell, seconded by Councilman Bennett and carrie d, the letter was ordered filed. ' Mrs. Don B. Parks, 113 Marine Avenue, Balboa Island, Mrs. Don Parks, 113 asked for the replacement of broken sidewalk at that address. Marine, Balboa Island, On motion of Councilman Isbell, seconded by Councilman Bennett requested sidewalk rem and carried, the request was referred to the City Manager and Streetplacement. Superintendent. City Attorney Blodgett read an opinion from the general Opinion from LCC on counsel of the League of California Cities to the affect that if a responsibility of side - sidewalk had been damaged by the negligence of the City, then the walk repairs. responsibility was upon the City f'dr its replacement. 1 0 1 1 0 The Newport Beach Assembly of God offered to lease Offer to lease old fire the former Newport Beach fire hall for $60 per month. On motion station by N. B. Assem- of Councilman Isbell, seconded by Councilman Finch and carried, bly of God. the offer was referred to the City Manager. •H. W. Stevens presented a mooring change bill in the H. W. Stevens presented amount of $187.99, stating that he had been promised that his mooring bill stating mooring would be moved without expense to him. On motion of city agreed to move at Councilman Finch, seconded by Councilman Isbell, the communication no cost. was referred to the City Manager for report from the Harbor Master. Leonard C. Moore complained that the removal of the Leonard C. Moore com- Pacific Electric facilities from Newport would complete the trans- plained of removal of formation of the community into a ghost town. On motion of Coun- P.E. facilities. cilman Finch, seconded by Councilman Bennett, the letter was ordered filed. Sidney H. Davidson, District Superintendent, Newport Sidney Davidson, Npt. Harbor Union High School, priased the work of the Police Depa rtment High School compliments, both in policing football games and supervising traffic at the work of Police Dept. school. On motion of Councilman Finch, seconded by Councilman Smith and carried, the letter was referred to the Police Department. The City Manager recommended that an additional car be made available to the Police Department and that the City Man- ager's present 1951 sedan be replaced by a 1954 Plymouth sedan. On motion of Councilman Isbell, seconded by Councilman Bennett, the additional car for the Police Department and the replacement of the City Manager's car were authorized by the following roll call vote, to wit: Additional car for P.D. & new Plymouth f os City Manager, approved. AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A second amendment to the application of the Pacific Amendment to Telephone Telephone and Telegraph to the Public Utilities Commission for rate Co. application for rat: increases was presented and on motion of Councilman Finch, seconded increase ordered filed. by Councilman Bennett and carried, the letter was ordered filed. The City Manager recommended that the basic civil ser- John Upson moved up to vice rating of John L. Upson nbw serving as Chief of Police, be Capt. in civil service made police captain and that Sgt. Harry Lace be promoted from the rating and Harry Lace rank of Sgt. to Captain to fill the vacancy created by the appoint-Moved up to Captain. ment of Mr. Upson as Chief of Police. 312 Balboa Peninsula Point Two letters from the Balboa Peninsula Point Associ- Assoc., protests the ation, Inc., protesting the leasing of the former Harbor leaxing of former Harbor Department office at Washington Street and a recommendation Dept. headquarters on from the Park, Beach and Recreation Commission that the offer Bay front. to lease the property be denied were read. After discussion from the floor, a public hearing was set for Dedember 28th on motion of Councilman Finch, seconded by Councilman Smith and carried. LICENSES. P.A. Rouen application The application of P. A. and Adella A. Rouen for a to operate cafe, 1800 license to .operate the cafe at 1800 Vilelle Place was granted Vilelle P1, Granted. on motion of Councilman Finch, seconded by Councilman Smith and carried. Weber & Newton, restaurant The application of trim. B. Weber and Leonard L. Newton & cocktail bar, 604 Coast for a license to operate a restaurant and cocktail bat at Hiway, CDM, granted. 604 Coast Highway, Corona del Mar, was granted subject to the approval of the Fire and Health Department on motion of Coun- cilman Finch, seconded by Councilman Isbell and carried. Raymond Amell, exempt The application of Raymond P. Amell for an exempt lice to sell vacuum clean- license to sell vacuum cleaners house to house was referred to ers, to C. Atty. the City Attorney on motion of Councilman Isbell, seconded by Councilman Finch and carried. D. K. Blue, operate service The application of D. K. Blue for a license to operate station, 2100 Balboa Blvd.,a service station at 2100 Balboa Boulevard, was granted on Granted. motion of Councilman Isbell, seconded by Councilman Bennett and carried. Vivian Austin, exempt lic., The application of Vivian Austin for an exempt license magazine subs, to C. Atty. to solicit magazine subscriptions was referred to the City At- torney on motion of Councilman Isbell, seconded by Councilman Finch and carried. Thomas J. Lagano, for The application of Thomas J. Lagano for a license to driving school granted. operate a driving school, having been investiaged and approved by the Police Department, was granted on motion of Councilman Isbell, seconded by Councilman Bennett and carried. UNFINISHED BUSINESS, -- Hearing, "Linda Isle" The City Clerk announced that this was the time and Annexation. place set for hearing on the proposed annexation of "Linda Isle ". A communication from John D. Chesnut protesting the annexation John Chesnut protested to on the grounds that a possible violation might exist to a section annexation. of the Government Code calling for, under certain conditions, the consent of other cities within three (3) miles. was introduced and on motion of Councilman Isbell, seconded by Councilman Bennett and carried, reading of the ordinance was waived. Ordinance 7G1 passed to On motion of Councilman Isbell, seconded by Councils. n Ben - second reading. nett, Ordinance No. 701 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 700, being Ordinance No. 700 amend- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION ing Section 6 of Ord. 691 6 OF ORDINANCE No% 691, CHANGING THE EFFECTIVE DATE OF AMENDED presented for second SECTIONS 86E1 & 8611.1 OF THE MUNICIPAL CODE reading and adopted. was presented for second reading and on motion of Councilman Isbell, seconded by Councilman. Finch and carried, reading of the ordinance was waived. • 1 1 • J • 1 C 0 . The Mayor.declared the hearing open and the City Attorney Atty Robt. Ashton, repre- stated that the code section cited by Mr. Chesnut did not apply senting Harbor Island in- in this instance. Attorney Robert R. Ashton, representing terests also protested. Howard F. Ahmunson and other property owners on Harbor Island, protested the annexation on the grounds that the proposed develop- ment of a section of the island facing Harbor Island would depre- ciate property values on Harbor Island. He also questioned the validity of the annexation proceedings on the grounds that the island_ was surrounded by a navigable channel under the jurisdiction of the Federal Government. Councilman Finch pointed out that any question of use of Linda Isle was a matter for the Planning Com- mission and had no bearing on the proposed annexation. Ordinance No. 701 Ordinance No. 701, being Annexing the area presented for first reading and waived. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS LINDA ISLE AREA was introduced and on motion of Councilman Isbell, seconded by Councilman Bennett and carried, reading of the ordinance was waived. Ordinance 7G1 passed to On motion of Councilman Isbell, seconded by Councils. n Ben - second reading. nett, Ordinance No. 701 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 700, being Ordinance No. 700 amend- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION ing Section 6 of Ord. 691 6 OF ORDINANCE No% 691, CHANGING THE EFFECTIVE DATE OF AMENDED presented for second SECTIONS 86E1 & 8611.1 OF THE MUNICIPAL CODE reading and adopted. was presented for second reading and on motion of Councilman Isbell, seconded by Councilman. Finch and carried, reading of the ordinance was waived. • 1 1 • J • 1 C 0 . On motion of CouncilmanFinch, seconded by Councilman Isbell, Ordinance No. 700 was adopted by the following rollcall vote, to wit: • AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: None ' ABSENT COUNCILMEN: None Ordinance No. 699, being AN ORDINANCE PROVIDING FOR POLICE INSPECTION OF CER- TAIN LICENSE APPLICANTS 1' was presented for second reading and on motion of Councilman Finch, seconded by Councilman Isbell and carried, read- ing of the ordinance was waived. • C 1 1 1 1 313 Ordinance No. 699 providing police in- spection of certain license applicants given second reading and adopted. On motion of Councilman Isbell, seconded by Council- man Bennett and carried by the following-roll call vote, Ordinance No. 699 was adopted: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk announced that this was the time and place set for a hearing on the proposed closing up, vacation, and abandonment of a certain alley between Grant and Highland Streets in the City of Newport Beach. He stated that no communications had been received regarding the proposed vacation. The Mayor de- clared the hearing open, no one responded and the Mayor declared the hearing closed. On motion of Councilman Isbell, seconded by Council- man Bennett, Resolution No. 4182, being a resolution ordering the vacation of the alley, more particularly described therein, was adopted by the following roll call vote, to wit: Hearing, vacation of alley between Grant & Highland Streets. Resolution No. 4182 ordering vacation be- tween Grant & Highlan, AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEW BUSINESS- Resolution No. 4183, being a resolution accepting Resolution No. 418 a grant deed of easement from Charles L. Blackwell and Annie C. accepting grant deed Blackwell, husband and wife, covering a portion of Lot 12, Block from Chas. Blackwell 12, Tract No. 27, more particularly described as follows: Beginning at a point in the northeasterly lot line of Lot 12 of said Block 12, said point being north 500 10' 00" west and distant 113.00 feet from the most easterly corner of said Lot 12; thence south 710 43' 49" west a distance of 23.18 feet to an intersection with a line lying parallel to and distant 125.25 feet from the southeasterly line of said•Lot 12 was adopted on motion of Councilman Isbell, seconded by Council- man Bennett and carried by the following roll call vote, to wit: Lot 12 /Block 12 /Tr. 2, AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4184, being a resolution accepting a Resolution No. 4184 grant deed of easement from G. N. Pease, widower, covering a por- accepting grant deed tion of Lot 124, Tract 1116, more particularly described as follows: from G. N. Pease. Beginning at the most southerly corner of Lot 124, Tract No. 1116 as said Tract is laid out and shown upon a map recorded in Miscel- laneous Maps Book 36, Pages 19 and 20, Record® of Orange County, California, thence westerly along the southerly line of said Lot 124, a distance of 118.00 feet to the true point of beginning; thence northerly along a line par- allel to and distant 118.00 feet from the easterly line of said Lot 124 to an intersection with the northerly line of said Lot 124. 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, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Lot 124, Tract 1116 Isbell, Bennett, Miller. 314 Resolution No. 4185 Resolution No. 4185, being a resolution adoieptdpgaa Accepting a Grant Deed grant deed of easement from Howard L. Roberds and Rebecca A. from Howard Roberds Roberds, husband and wife, covering a portion of Lot 16, Tract 682, more particularly described as follows:: The southwesterly three (3) feet of Lot 16, Lot 169 Tract 6829CDM. Tract No. 682 as per map recorded in Book 20, Page 19, of Miscellaneous Maps, Records of Orange County, California. was adopted on motion of Councilman Finch, seconded by Coun- cilman Isbell and carried by the following rbll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None Resolution No. 4186 Resolution No. 4186, being a resolution accepting a Accepting a Grant Deed grant deed of easement from Harry A. Stone and Margaret V. Stone, from Harry Stone. husband and wife, covering a por tion of Lot 125, Tract 1116, more particularly described as follows: Beginning at the most southerly corner of Lot 125, Tract No. 1116 as said Tract is Lot 1259 Tract 1116e laid out and shown upon a map recorded in Miscellaneous Maps Book 36, Pages 19 and 20 Records of Orange County, California, thence westerly along the southerly line of said Lot 125, a distance of 118.00 feet to the true point of beginning; thence northerly along a line parallel to and dis- tant 118.00 feet from the easterly line of said Lot 125 to an intersection with the northerly line of said Lot 125. was adopted bn motion of Councilman Isbell, seconded by Coun- cilman Finch and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None tax Constr. Co. to in- The application of Rex Construction Company for a permit stall 28C gal. oil tank to install a 280 gallon waste oil tank at the Union 011 Marine approved. dock on Balboa Island, having been approved by the Fire Department, was approved on motion of Councilman Bennett, seconded by Coun- cilman Smith and carried. Claim of Harry Cornelison The claim of Harry H. Cornelison for damages suffered fall on Coronado Street in a fall on Coronado Street, on September 30, 1953, was Pre- to insurance carrier. sented ,sand- )6b,motton ^o£c0buncilman Isbell, seconded by Coun- cilman Bennett and carried was referred to the City's insurance carrier. Offer of C. Ao Bauer of The offer of C. A. Bauer of payment in the amount of payment of tax delinq- $400 to cover tax delinquencies and clear title on certain prop - uencies referred to the erties more particularly described as City Manager for report. Parcel 1: Lot 14 in Block 48 of "River Section, Newport Beach," as shown on a map recorded in Book 4, page 25 of Miscellaneous Maps, records of Orange County, California. Said land is shown on a Map filed in Book 15 page 39 of Record o.f Surveys in the office of the Uounty Recorder_of.Orange County, California, for the purpose of correcting errors found to exist in said Block 48 and other land. Parcel 2; Beginning at the Northeast corner of Lot 14 in Block 48 of "River Section, Newport Beach," as shown on a Map recorded in Book 4, page 25 of Miscellaneous Maps, records of Orange County, California; thence Northwesterly along the North- easterly line of said Block 48 to the Northwest corner of said Lot 14; thence Northeasterly along the Northeasterly prolongation of the Northwesterly line of said Lot 14 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as described in the Decree.eihtered in the action entitled City of Newport Beach vs. Orange County Improvement Association and others (Case No. 23686, Superior Court of Orange County), a certified copy of which was recorded September 19th, 1928 in Book 201, page 253 of Official Records and designated as "South Line "; thence Southeasterly along said tide line to its intersection with the Northeasterly pro- longation of the Southeasterly line of said Lot 14; thence Southwesterly along a straight line to the point of beginning. LJ I1 L—I • r • Ll 1 0 3115 The application of Chas. A. Beecher for a permit to con- Chas Beecher application struct a bulkhead and dredge in front of Lot M and Lot G. Tract construct bulkhead in • 919, was granted on motion of Councilman Bennett, seconded by Tract 919 Granted. Councilman Smith and carried. The application of C. S. Grant for a permit to construct C. S. Grant to permit con- a seawall on Lot 3, Block 239, Canal Section, was granted on structinn of seawall on motion of Councilman Bennett, seconded by Councilman Finch and 3/239 /Canal Sec, Granted. carried. The application of John Norek to construct a pier, float, John Norek to construct and piles on a portion of Lot 2, Section 33, T 6 S, R 10 W, pier, etc., Granted. having been approved by the Joint Harbor Committee, was granted on motion of Councilman Bennett, seconded by Councilman Finch and carried. The application of John M. Robinson for a permit to John M. Robinson to con - construct a concrete bulkhead westerly of lots 880 and 881, struct bulkhead on Lots Tract 907, was granted on motion of Councilman Finch, seconded 880 & 881, Tract 907, Ap- by Councilman Bennett and carried. proved. The application of the Irvine Company for a permit to Irvine Company application ' install a seawall 594' in length in Block 94, and lands adjoin- to install seawallin Blk. ing in Irvine Subdivision, having been approved by the Joint 94, Irvine Sub, Granted Harbor Committee, was granted on motion of Councilman Bennett, seconded by Councilman Finch and carried. was read and on motion of Councilman Isbell, seconded by Coun- cilman. Finch and carried, the matter was referred to the City Manager for investigation and report. A petition from Wm. W. Seaquist and others, asking con- Wm. W. Seaquist et al sent of the Council for the institution of annexation proceed- petition for annexation. ings of certain property generally described as between 15th and 16th Streets and between Irvine and Santa Ana Avenue, was Referred to Plan. Comm. referred to the Planning Commission on motion of Councilman Isbell, seconded by Councilman Bennett and carried. The City Clerk presented a petition from residents of Stricker Annexation pet - the area known as the Stricker Annexation containing the veri- ition presented. fied signatures of more than 1/4 of the qualified electors re- siding in the territory. On motion of Councilman Isbell, seconded by Councilman Resolution N_o 418 Finch, Resolution No. 4187, being a resolution of intention Election called for Feb. of the City Council to call an election in the area on February 249 1954, 24th, 1954, was adopted by the following roll call vote, to wit: AYES, COUNCIL�ZN:_ Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Oath of Office of Denis D. Alexander as a special Oath of Office cf Denis D. officer was approved on motion of Councilman Isbell, seconded Alexader, Special Officer= by Councilman Bennett and carried. • The Oath of Office of Neil C. Lakenan as a special offi- Oath of Office of Neil C. cer was approved on motion of Councilman Isbell, seconded by Lakenan, Special Officer. Councilman Bennett and carried. A letter from the Chamber of Commerce urging that the Several letters presented ' oil committee, the Chamber, and the citizens be given an oppor- requesting adoption of tunity to study any expansion of the present oil lease, was ordinance to submit all read. A letter from the Balboa Peninsula roint Association, oil questions to vote of urging that any further leasing of oil properties be first sub- people for expansion. mit ted to the vote of the people also was read as was a request signed by the President of the Chamber of Commerce and five civic associations urging that the municipal code be amended to provide that all f�ture oil development should be submitted to the voters for decision. Councilman Finch read a measure proposed to be placed on the ballot at the regular city election in April requiring that matters of oil development be referred Council adopted policy of to the vote of the people. On motion of Councilman Finch, referring to vote of peo=n' seconded by Councilman Isbell the Council adopted the measure matters concerning oil. as proposed by Councilman Finch as a policy by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Pacific Coast Gasoline Company presented an offer Pacific Coast Gasoline Cod for the purchase of any natural gas that might be produced from offer to purchase natu::-al the city's wells, and on motion of Councilman Isbell, seconded gas from city's wells by Councilman Bennett and carried the offer was ordered filed. ordered filed. The application of Chas. A. Beecher for a permit to Chas. Beecher application construct boat slips for commercial use shoreward of the pier- to construct slips in ' head line of Lots M and parcel of Lot G, Tract 919 was granted Tract 919 Granted. on motion of Councilman Bennett, seconded by Councilman Smith and carried. The application of Chas. A. Beecher for a permit to con- Chas Beecher application struct a bulkhead and dredge in front of Lot M and Lot G. Tract construct bulkhead in • 919, was granted on motion of Councilman Bennett, seconded by Tract 919 Granted. Councilman Smith and carried. The application of C. S. Grant for a permit to construct C. S. Grant to permit con- a seawall on Lot 3, Block 239, Canal Section, was granted on structinn of seawall on motion of Councilman Bennett, seconded by Councilman Finch and 3/239 /Canal Sec, Granted. carried. The application of John Norek to construct a pier, float, John Norek to construct and piles on a portion of Lot 2, Section 33, T 6 S, R 10 W, pier, etc., Granted. having been approved by the Joint Harbor Committee, was granted on motion of Councilman Bennett, seconded by Councilman Finch and carried. The application of John M. Robinson for a permit to John M. Robinson to con - construct a concrete bulkhead westerly of lots 880 and 881, struct bulkhead on Lots Tract 907, was granted on motion of Councilman Finch, seconded 880 & 881, Tract 907, Ap- by Councilman Bennett and carried. proved. The application of the Irvine Company for a permit to Irvine Company application ' install a seawall 594' in length in Block 94, and lands adjoin- to install seawallin Blk. ing in Irvine Subdivision, having been approved by the Joint 94, Irvine Sub, Granted Harbor Committee, was granted on motion of Councilman Bennett, seconded by Councilman Finch and carried. City Attorney Blodgett, presented an opinion from Opinion from LCC reo general counsel of the League of California Cities confirming signers of petitions. his ruling as to the eligibility of signers of a petition for the election of freeholders. On motion of Councilman Smith, seconded by Council - Approval of request of man Finch and carried, the request of the Lido Isle Community Lido Isle Comm. Assoc,, Association for the leasing of a portion of the easement of to lease portion near the city lying south of the Lido Isle bridge for small boat Lido bridge. moorings was-taken from the table. On motion of Councilman Isbell, seconded by Councilman Bennett, the proposed amendment to the lease was authorized executed by the Mayor and City Clerk on behalf of the City by the following roll call vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Smith's request for ord- Councilman Smith urged the adoption of an ordinance inance requiring financialrequiring candidates to submit campaign expense statements. statements from candidatesThe motion died for lack of a second. Smith's request for ser- vices from D.A. °s office in prosecuting all city cases. Adjournment Councilman Smith also asked that the possibility of utilizing the service of the District Attorney in prosecuting city cases be investigated.and on motion of Councilman Smith, seconded by Councilman Bennett and carried, the City Attorney was instructed to investigate.and report. On motion of Councilman Isbell, seconded by Council- man Bennett and carried, the Council adjourned sine die. ATTEST: City Clerk 2i4 u.. Mayor °J 1 1 0 D L J L 1 1 0