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HomeMy WebLinkAbout04/26/1954 - Regular Meeting373 April 26, 1954 The City Council of the City of Newport Beach met in regular session in the Council Chamber of the City Hall:at Regular meeting ' the hour of 7:30 p.m. The roll was called, the following members being present: Broering, Smith, Miller, Bennett, and Hill. Roll Call On motion of Councilman Smith, seconded by Councilman Minutes approved Miller and carried, the reading of the minutes of the previous meeting was waived and they were declared approved as written. Certain demands, having been approved by the Finance Demands approved Committee, were approved and ordered paid on motion of Coun- cilman Miller, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None REGULAR ORDER OF BUSINESS WAIVED I 0 1 1 Order of business waived. On motion of Councilman Miller, seconded by Councilman Bennett and carried, the regular order of business was waived to permit the opening of bids for pipe and abatement of weeds. The following bids were opened and read for furnishing Bids for concrete culvert 220 lineal feet of 48" diameter reinforced concrete culvert pipe for Bayside Dr. CDM. pipe for drainage on Bayside Drive, Corona del Mar: 1. United Concrete Pipe Corp. . . . . $ 21096.05 2. American Pipe & Construction Co. . 2,178.00 3. Concrete Conduit Cc. . . . . . . . 21288.00 4. Universal Concrete Company . . . . 2,435.00 On motion of Councilman Miller, seconded by Councilman Bids referred to the City Smith and carried, the above bids were referred to the City Engr. for checking. Bngineer for report and checking. The following bids were opened and read for the abatement of weeds in the City of Newport Beach: Weed abatement bids 1. E. Lyndon McFall . . . . . . . . $ 3,444.75 2. M. K. Laurier. . . . . . . . . . . 51851.00 On motion of Councilman Miller, seconded by Councilman Bennett and carried, Council resumed their regular order of business. COMMUNICATIONS: A letter from the Military Order of the Purple Heart, Inc., requesting permission for display of their exhibit of antique Military Order of Purple and modern firearms and war equipment in the City was read. On Heart asked permission to motion of Councilman Miller, seconded by Councilman Bennett and have their yearly display. carried, permission was granted. Granted. A resolution forwarded by the County Board of Supervisors Notice from the Co. Board revoking the license of the dance hall at 471 Newport Blvd., of Supervisors that "What's Costa Mesa (recently annexed to the City of Newport Beach) was It" license was revoked. read and on motion of Councilman Miller, seconded by Councilman Bennett and carried, the letter was ordered filed. The Orange County Tax Collector requested consent to the County Tax Collector asked sale of Lot 8, Block 128, Lake Tract at Public Auction and on consent to auction 8/128/ motion of CouticilmgnFSmtthyuseconded by `' ouncilman Bennett and Lake Tr. carried, the request was granted: Louis E. Libbey of 414 Riverside Avenue, Newport Beach, Louis Libbey, requested requested the abandonment of a sewer easement across Lot 11, abandonment of old ease - Block 1, Tract 919, which the city held under date of October ment city held. 249 1930- On motion of Councilman Broering, seconded by Coun- cilman Miller, Resolution No. 4228, being a resolution abandoning Resolution No. 4228 said easement, was adopted by the following roll call vote, to wit: abandoning easement adopted. AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Veterans of Foreign Wars, Coast Line Post #3536, Costa Mesa,, requested permission to sell "Buddy Poppies" in the City on kay 21 and 22. The request was referred to the City Manager on motion of Councilman Smith, seconded by Coun- cilman Miller and carried. Notification from the State Controller that the City's share of In Lieu Motor Vehicle Tax will be $79,900.00 was ordered filed on motion of Councilman Bennett, seconded by Councilman Miller and carried. Vets of Foreign WArs re- quested permission to sel Buddy Poppies in the city Notification from St. Con troller re: city's share of Vehicle Tax. 374 P.B.&R.Comm. recommendation The recommendation of the Park, Beach, and Recreation re- unexpended balance of Commission that the unexpended balance of $359.20 on the Lido funds for Lido park filed.Isle entrance park be spent on that project as the Council sees fit was ordered filed on motion of Councilman Miller, seconded by Councilman Smith and carried. Balboa Park plans accepted On motion of Councilman Miller, seconded by Councilman Bennett and carried, the plans as recommended by the Park, Beach and Recreation Commission for the Balboa Park were ap- proved and accepted. P.B.&R.Comm. recommendation A letter from the Park, Beach, & Recreation Commission for a righlro£ -way to city recommending that the City Manager be directed to stipulate property adjacent to Co. right -of -way to city property from the County land now under dock. consideration for sale or lease adjacent to the old county dock, and a communication from the Woman's Civic League urging the city to confer with the County Board of Supervisors to insure Woman's Civic League rec- the best use of this property, were read. On motion of Coun- omm. on same. cilman Smith, seconded by Councilman Broering, and carried, the letters were referred to the City Manager. Shore Cliffs Property Owners A communication from the Shore Cliffs Property Owners' Assoc., requested resur- Association, Inc., requesting resurfacing of road in Shore facing of roads. Cliffs area was read and on motion of Councilman Miller, seconded by Councilman Smith and carried, the request was re- ferred to"the City Engineer. Shore Cliffs requested in- The Shore Cliffs Property Owners' Assoc., Inc., also stallation of sanitary requested the installation of sanitary facilities at "Little facilities at "Little Corona" beach. On mdion of Councilman Miller, seconded by Corona" Councilman Bennett and carried, the matter was referred to the City Engineer to be taken into consideration with the State on the appraisal of the property affected. LICENSES- Lic. appl'n of Standard The application of Standard Oil Company cf California Oil Co. of Calif. for a to operate -.a service station at 3531 Newport Blvd., having service station. been approved by the Fire Department was approved on motion of Councilman Miller, seconded by Councilman Bennett and carried. M. George Manak appl'n to The application of M. George Manak to package hot dogs operate hot dog stand and buns at 122 Agate Avenue, Balboa Island, was approved on Balboa Island motion of Councilman Bennett, seconded by Councilman Broering and carried. Van L. Day to operate a The application of Van L. Day to operate a Richfield' Richfield Stn. at 300 Service Station at 300 Coast Highway, Corona del Mar, being a Coast Hiway, CDM. change in ownership was approved on motion of Councilman Smith, seconded by 6ouncilman Bennett and carried. R. W. Weeks appl'n to sell The application of R. W. Weeks of San Pedro to deliver ice in the City. ice in the city was approved subject to the approval of the Health Department on motion of Councilman Miller, seconded by Councilman Bennett and carried. The application of Arnell Thonton to operate Nelliet Arnell Thornton to oper- Hen House at 704 Coast Highway, Corona del Mar, was approved ate Nellie's Hen House on motion of Councilman Miller, seconded by Councilman Bennett and carried. L. C. Braly, house to house The application of L. C. Braly to solicit house to house for Servidoft Water Serv. for Servisoft of Orange Coast was approved, subject to checking by the Police Department, on motion of Councilman Miller, seconded by Councilman Smith and carried. Lillian R. Stevens exempt The application of Mrs. Lillian R. Stevens, 1818 Vilelle tic. to sell Fashion Prod.Place, Newport Beach, for an exempt license to sdll Fashion Products was referred to the City Attorney for checking and report back on motion of Councilman Miller, seconded by Coun- cilman Smith and carried. Harlan J. Durand to oper- The application of Harlan J. Durand, Jr., to operate the ate Unique Cafe. Unique Cafe, 410 32nd Street, being a change in ownership, was approved on motion of Councilman Miller, seconded by Councilman Bennett and carried. Elizabeth J. Locke to The application of Elizabeth J. Locke, to operate a deli - operate a delicatessen catessen at 217 Coast Highway,.Corona del Mar, was approved on motion of Councilman Miller, seconded by Councilman Bennett and carried. UNFINISHED BUSINESS- Hearing on vacation of por. The City Clerk announced that this was the time and place Lot 1, Blk C, Seashore Colfor the hearing on the proposed vacation, closing up, and aban- donment of a portion of a street designated as Ocean Front and more particularly described as Beginning at the most southerly corner of Lot 19 Block C of Seashore Colony Tract as said Tract is shown upon a map recorded in Miscellaneous Map Book 7, Page 25, Records of Orange County, California; thence north- westerly along the southwesterly line of said Lot 1 to the most westerly corner of said Lot 11 thence south- westerly along the southwesterly prolongation of the northwesterly line of said Lot 1, to an intersection with a line lying southwesterly of, parallel to, and distant 15 feet from the southwesterly line of said Lot 0 I 0 1 A Ll C 1 1 0 1 3.d 5 1, thence zoutheasterly along said parallel line to an intersection with the southwesterly prolongation of the southeasterly line of said Lot 1, thence northeasterly along said southeasterly prolongation to the point of beginning as outlined in Resolution of Intention No. 4221. The Mayor declared the hearing open and the Clerk stated that no-.written communications had been received. No one spoke from the floor and the Mayor declared the hearing closed. On motion of Councilman Miller, seconded by Councilman Bennett, Resolution No. 4229, being a resolution ordering the Resolution No. 4229 vacation of the above described property was adopted by the fol- Ordering vacation of lowing roll call vote, to wit: 1/C /Seashore Col. AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4230, being a resolution accepting a Grant Resolution No. 4230 Deed from Earl G. and Dorothy J. Johnson on Lot 1, Block C, accepting Grant Deed from Seashore Colony Tract, more particularly described as Earl G. Johnson 1/C /Seashore Col. A portion of Lot 1, Block C, as shown upon a map 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 1. was adopted on motion of Councilman Miller, seconded by Council- man Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Engineer recommended that Mra. L. S. Hoffman be granted a permit to construct a seawall and fill on Lots 7, 81 14 and 15, Block C -33, Corona del Mar, and that suitable fencing be installed and that the roadway be improved in accord- ance with drawing No. 3 -2238 attached. On motion of Councilman Miller, seconded by Councilman Smith and carried, Mr. Hoffman was granted the permit in accordance with Plan No. 3 -2238. NEW BUSINESS: Resolution No. 4231, being a resolution designating the proper officers of the City o f Newport Beach to sign checks, drafts, or other orders for the payment of money drawn in the City's name and designating Dora 0. Hill, Mayor, and C. K. Priest, City Clerk, as such officers was adopted on motion of Councilman Miller, seconded by Councilman Broering and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Bill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4232, being a resolution giving notice of intention to annex certain::uninhabited territory known as the "Cooper Annex" (Tract No. 2172) and setting the date for hearing as May 24th (See minutes of April 30, 195+) was adopted on motion of Councilman Miller, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None L. S. Hoffman permit granted in accordance with Plan No. 3 -2238 Resolution No. 4231 Designating proper office to sign city checks. Resolution No, 4232 Notice of Intention to annex.Tract No. 2172 "Cooper Annex" The oath of office of Rudolph J. Valenti as a police Oath of Office Rudolph J. officer was approved on motion of Councilman Smith, seconded by Valenti as Police Officer Councilman Bennett and carried. Ordinance No. 722, being Ordinance No. 722 AN ORDINANCE AMENDING SECTION 9102.2 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE ZONING ON CERTAIN Zoning Linda Isle ' PROPERTY (Linda Isle) was presented and on motion of Councilman Smith, seconded presented and passedio by Councilman Bennett and carried, reading of the ordinance was second reading. waived. On motion of Councilman Miller, seconded by Councilman Bennett, Ordinance No. 722 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4233, being a resolution accepting a Grant Resolution Noe 423 ac- Deed from John Vilelle over a portion of Lot 170, Block 2, cepting Grant Deed from Irvine Subdivision more particularly described as John Vilelle, 170 /2 /Irvine 1 '_ 41 A right,:bf! way or easement over a portion of Lot 170, Block 2, as shown upon a map of Irvine's Subdivision, recorded in Miscellaneous Map Book 1, Page 88, Records of Orange County, California, for the purpose of erecting, laying, and constructing a pipeline or pipelines, to convey water with the right of going in, over, and under the prem- ises hereinafter described for the purpose of repairing, maintaining and replacing said pipelines in, over and under that certain real property being more particularly described as follows to wit: Beginning at the intersection of the most westerly line of Lot F, Tract No. 919, as shown upon a map recorded in Miscellaneous Map Book 29, Pages 31 to 34 inclusive, Records of Orange County, California, and the northerly line of the State Highway Right of Way, 100 feet in width as described in deed recorded in DeedBook 311 page 170, dated September 12, 1929, Official Records of said Orange County, said northerly line being on a curve and having a radius of 11650 feet, thence continuing westerly along said curve, a distance of 48.22 feet to a point said point being 50.00 feet northerly of the cen- ter line of the State Highway Right of Way, 80 feet in width as described in deed recorded in Deed Book 503, Page 362, dated January 11, 1924, Official Records of said Orange County, thence continuing westerly along a line tangent to last mentioned curve, said line being northerly of, parallel to, and distant 50.00 feet from the cen- ter line of the said State Highway 80 foot right - of -way to an intersection with the easterly line of Newport Beach Boulevard as described in deed recorded in Deed Book 243, Page 116, dated November 61 1913, Records of said Orange County, thence Southerly along the easterly line of said Newport Beach Boulevard to an intersection with the northerly line of the said State Highway Right of Way 80 feet in width, thence easterly along said northerly line to the most westerly corner of the aforementioned Lot F. thence northerly along the westerly line of said Lot F to the point of beginning was adopted on motion of Councilman Bennett, seconded by Councilman Miller and carried by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 723 Ordinance No. 723, being AN ORDINANCE AMENDING SECTIONS 9103.61 (c), 9103.62 Regulating storage of and 9103.72 OF THE MUNICIPAL CODE OF THE CITY OF NEWPQT BEACH inflammable liquids REGULATING THE STORAGE OF GASOLINE AND INFLAMMABLE LIQUIDS presented and passed was presented and on motion of Councilman Smith, to second reading. seconded by Councilman Bennett and carried, reading was waived. On motion of Councilman Smith, seconded by Councilman Bennett, Ordinance No. 723 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Petition: requesting A petition signed by seven property owners requesting abandonment of portion of the abandonment of a portion of Old County Road adjoining Old County Rd. Tract No. 464 was referred to the City Engineer od motion of Councilman Miller, seconded by Councilman Bennett and carried.: Leon L. Hastings Variance The Planning Commission recommended for approval the approved Variance application (No. 130) of Leon L. Hastings to allow a second story apartment to overhang 30" into the rear yard setback on Lot 18, Block 26, Newport Beach Tract, and on motion of Councilman Miller, seconded by Councilman Bennett and carried, the Council concurred with the Commission in granting the appli- cation. Mrs. Carl Schiller The Variance application of Mrs. Carl Schiller (No. 131) Variance approved to allow construction of a 4 unit dwelling with a 3' sideyard setback and a 14' bayfront setback at 3428 Via Oporto was granted, having been recommended by the Planning Commission, on motion of Councilman Smith, seconded by Councilman Miller and carried. Wm. R. Hagenbuck Variance application (No. 132) of William R. Hagenbuck Variance approved to allow construction of two three unit buildings with a center access court 18' wide, a sideyard setback of 3' and bayfront setback of 10' at 3324 Via Lido, having been recommended by the Planning Commission, was granted on motion of Councilman Smith, seconded by Councilman Miller and carried. • 1 0 �J 1 • 1 1 i Variance application (no. 133) of Harry M. Kelso to allow Harry M. Kelso construction of a 4 unit dwelling with a 3' sideyard setback and Variance approved 14' bayfront setback at 3432 Via Oporto, having been recommended by the Planning Commission, was approved on motion of Councilman Smith, seconded by Councilman Broering and carried. The Planning Uommission recommended for granting the application of A. W. Lane to construct a 2 unit three story A. W. Lane Variance dwelling with a maximum height of 27° at 901 Ocean Blvd., held over Corona del Mar, as outlined in Variance No. 134. Councilman Bennett made a motion that the application be granted, seconded by Councilman Broering; however, with objections from the floor, the motion was withdrawn and Councilman Bennett moved that the matter be held over until the next meeting for further consid- eration. The motion was seconded by Councilman Miller and carried. The City Engineer returned with his report on the bids, and recommended that the weed abatement bid be delayed until the references submitted with the bids could be checked. On motion of Councilman Smtth, seconded by Councilman Broering and carried, the weed abatement bid was held over for further study. Regarding the bid for 220 lineal feet of 48" diameter pipe, the City Engineer recommended that the low bid of United Concrete Pipe Corporation in the amount of $$2,096.05 be accepted. On motion of Councilman Miller, seconded by Councilman Smith, Resolution No.14,234, being a resolution authorizing the Mayor and City Clerk to bxecute the contract, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Variance application (No. 135) of Mr. & Mrs. Lars Lavagnino to construct a 4 unit dwelling with a sideyard set- back of three feet and a fourteen foot bayfront setback at Lot 1 and portion of Lot 2, Tract 1622, was approved, having been recommended by the Planning Commission, on motion of Councilman Smith, seconded by Councilman Miller and carried. 377 Weed Abatement bid held oler for further study Bid for concrete pipe awarded to United Concrete Pipe Corp. Resolution No. 4234 auth- orizing execution of con- tract. Lars Lavagnino Variance Granted The Variance application (No. 136) of Ira W. Smith to Ira W. Smith Variance allow construction of an addition to existing garage on Lot 43, Granted Tract No. 1237, having been recommended by the Planning Com- mission, was granted on motion of Councilman Miller, seconded by Councilman Bennett and carried. The Variance application (No. 137) of Paul Ciraci to Paul Ciraci Variance allow construction of a two story structure having three dwell- Granted ing units on the second floor with a 30" overhang on the second floor into the rear yard setback at 309 -11 Marine Avenue, Balboa Island, having been recommended by the Planning Commission was granted on motion of Councilman Smith, seconded by Councilman Miller and carried. On motion of Councilman Miller, seconded by Councilman Elwood Zilgitt Variance Bennett and carried, the Variance application (No. 138) of Elwood held over. Zilgitt for remodeling of existing house at 104 Onyx Avenue, Balboa Island, was held over for further study, the application ' having been denied by the Planning Commission. The City Engineer recommended that in connection with the Council releases improve - agreement between Ge®rge McNamara and the City of Newport Beach ment bond on Collins Isle dated May 25, 1953, regarding improvements for Collins Island that the surety bond filed with the City guaranteeing the said improvements be released. On motion of Councilman Miller, seconded by Councilman Bennett and carried, the Council released the bond. Resolution No. 4236, being a resolution authorizing exe- Resolution No. 4236 cution of the agreement with Dr. Forbes Farms covering certain Agreement covering water water line construction in Tract No. 2096 (Linda Isle) was improvements on Linda Isle adopted on motion of Councilman Miller, seconded by Councilman Bennett and carried on the following roll call vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 4237, being a resolution authorizing the Resolution No. 42 ' execution of an agreement with Dr. Forbes Farms covering certain Agreement covering sewer sewer line construction, pumping station and appurtenances in improvements on Linda Isle Tract No. 2096 and accepting bond in the amoutn of $20,000, was adopted on motion of Councilman Miller, seconded by Councilman Bennett and carried by the following roll call vote, to wit: ' AYES, OOUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 9 378 As recommended by the City Engineer, the final tract Approval of final map of map of Tract No. 2096, subdividing Linda Isle, was approved Tract No. 2096 on motion of Councilman Miller, seconded by Councilman Smith and carried. The City Engineer stated that he had heard from the State Div. of Hiways State Division of Highways, District VII, regarding a speed recommended no change in zone survey on Coast Highway throughCorona del Mar, and they 35 mph zone through CDM recommended no change be made in the present 35 mph. zone. On motion of Councilman Broering, seconded by Councilman C.Mgr. to appeal decision Bennett and carried, the matter was referred to the City Manager for appeal to,the State Highway Commission on the de- cision. The Clerk read a communication from Joh n P. Swenson John P. Swenson offered offering to lease the old fire station in Newport for an to lease old Npt. fire automobile upholstery shop at $60 per month. On motion of stn. for $60 a month. Councilman Smith, seconded by Councilman Broering and carried, the matter.was referred to the City Manager. Mayor's Committee Appoint- The Mayor made the following committee appointments. ments. FINANCE COMMITTEE: Councilmen Smith and Bennett PARK, BEACH & RECREATION COMMISSION MEMBER: Councilman Broering LIBRARY BOARD MEMBER: Mrs. Norman Pease JOINT HARBOR COMMITTEE: Councilmen Bennett and Smith On motion of Councilman Miller, seconded by Councilman Bennett and carried, the above appointments were confirmed. The Mayor's appointments to the County Sanitation County Sanitation Dis- Districts Nos. 5 and 6 were as` follows: trict appointments. Sanitation District No. 5: Mayor Dora 0. Hill, Council - man Norman Miller, and Councilman A. W. Smith the alternate. Sanitation District No. 6: Mayor Dora 0. Hill and Council- man Norman Miller the alternate. The Mayor's appointments to the sanitation districts were confirmed on motion of Councilman Smith, seconded by Councilman Broering and carried. C. Mgr. instructed to re- On motion of Councilman Miller, seconded by Councilman quest more money for life Broering and carried, the City Manager was instructed to contact guard service from County the county officials for a more adequate allotment this coming this year. year for the cost of life guard service -- $16,000 being the figure mentioned. Office of C. Atty. clared vacant, as Apr. 309 194. Adjournment. Councilman Smith moved that the office of City Attorney de- be declared vacant as of the 30th of April, 1954 and the:'_m©tagn of was _seconded:by:Councilman-Br ®.e ing9'and the = off ice �ras,.declared vacant by the following roll call vote, to wit: AYES, COUNCILMENt Broering, Smith, and Hill NOES, COUNCILMEN: Miller, Bennett ABSENT COUNCILMEN: None On motion of Councilman Bennett, seconded by Councilman Miller and carried, the council adjourned until 10:00 a.m. Friday, April 30th, 1954. ATTEST: City Clerk jvw Mayor • F, 1 r • 1 1 ��I