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HomeMy WebLinkAbout08/23/1954 - Regular Meeting423 August 23, 1954 . The City Council cf the City of Newport Beach met in regular session in the Council Chamber of the City Hall at 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 Broering and carried, reading of the previous minutes was waived Minutes Approved and they were approved as written. 1 Certain demands, having been approved by the Finance Com- remands approved mittee, were approved and ordered paid on motion of Councilman Bennett, seconded by Councilman Miller and carried by the follow - ing roll call vote, to wit: . AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill. NOES9 COUNCILMEN: None ABSENT COUNCILMEN: None REGULAR ORD'hR OF BUSINESS WAIVED On motion of Councilman Smith, seconded by Councilman Broering and carried, the regular order of business was waived to Opening of bids for demo= permit the opening of bids for the demolition of the water booster lition of water booster plant on Bayside Drive in Corona del Mar. The Clerk opened and plant, Bayside Dr, CDM. read�the following bidss 1. Aztec Stone & Brick Company $ 3,300 2. R. W. McClellan & Sons 49892 ' 3. Walter E. Hesse 3,008 4. Edward R. Siple Co. 3,982 5. Hubbs Equipment Co. 39445 6. Cleveland Wrecking Co. 59900 On motion of Councilman Bennett, seconded by Councilman All bids Miller and carried, the above bids were referred to the City Referred to C. Engro for Engineer for checking and report back. checking & report On motion of Councilman Smith, seconded by Councilman Broering and carried, the Council resumed the regular order of busire sso COMMUNICATIONS° The Shoreline Planning Association sent notice of their Shoreline Planning Assoc. annual convention to be held September 24 and 25 in Santa Cruz. gave notice of their an- On motion of Councilman Broering, seconded by Councilman Smith and nual convention. Delegar carried, representation at the conventionias authorized providing authorized but with no no expense was incurred by the city. expense to city. Ralph P. Maskey, 3411 W. Newport Blvd., complained of the unsightly condition and maintenace of the playground and swimming Ralph Maskey brought un- area on Lake Street at the Newport Island bridge. On motion of sightly condition of swim Councilman Miller, seconded by Councilman Smith and carried, the min, area at Npt. Island letter was referred to the City Manager, bridge to City's attentic The Park, Beach & Recreation Commission requested that a Park,Beach&Recreation Com ' committee of fifteen (15) members be appointed to recommend a long recommended a committee term public beach program. On motion of Councilman Bennett, of 15 to study long term seconded by Councilman Miller and carried, the recommendation was beach program, ordered filed. The Park, Beach & Recreation Commission urged that steps P.B.& R. Commission urged be taken to control unsanitary conditions in Newport Bay. On that seeps be taken to motion of Councilman Broering, seconded by Councilman Smith and control Bay sanitation, carried, the recommendation was ordered filed. C 0 The State Board of Equalization applications for alcoholic beverage li Charles E. Pringle & Hollis J. Stober, motion of Councilman Bennett, seconded carried, the applications were ordered bulletin board and then filedo sent copies of three (3) 3 applications to Bd. of ,lenses for Wiliam L. Thompson, Equalization for alco- and Paul M. Vigneau. On holic 'beverage licenses by Councilman Miller and posted on the city hall Application for a sewer connection on Bayside Drive, to Irvine Co. appl °n for a serve property adjacent the Earl Stanley Real Estate office, by sewer connection adjacent the Irvine Company was approved on motion of Councilman Miller, to Stanley office on Bay - seconded by Councilman Smith and carried. side Dr. Batzle and Evans submitted a report of the audit of the Batzle & Evans audit of books of Mr. K. R. Hannahs, Finance Officer, and found the accounts K.R. Hannahs° books. and beebrds. "to be accurate and in good cr. der. On motion of Coun- cilman Broering, seconded by Councilman Bennettand carried, the report was approved and ordered filed. LICENSES* Harry Bo Yerington to open The application of Harry B. Yerington for a soda soda fountain, 515 Coast fountain at 515 Coast Blvd., Corona del Mar, was approved Blcco, CDM, on motion of Councilman Bennett, seconded by Councilman Miller and carried, of Ernest W. Neville ' Exempt lico appl °n Real The application /for an exempt license to solicit house to Silk hosiery of E. W. Ne- house for real silk hosiery was referred to the City Attorney, ville to Ca attya on motion of Councilman Miller, seconded by Councilman Broering and carried. Exempt Lico Appl °n of Warren The application of Warren So MacKay, Jr, of Manhattan MacKay to solicit for Real Beach, for an exempt license to solicit house to house for real ' Silk Hosiery to Co Atty, silk hosiery was referred to the City Attorney on motion of Councilman Miller, seconded by Councilman Broering and carried. Osborn & Uhalen to operate The application of Lowell Ho Osborn and Ross Whalen for R & L Motor Clinic approveda license to operate the R & L Motor Clinic at 3001 Newport Boulevard, Newport Beach, was approved on motion of Councilman Bennett, seconded by Councilman Broering and carried, Marjorie Hale to conduct The application of Marjorie Hale for a license to conduct dancing classes, 1102 Coastdancing classes at 1102 Coast Boulevard, Corona del Mar, was Blvd., CDM, approved approved on motion of Councilman Bennett, seconded by Councilman Miller and carried, Geo. R, Whitney to operate The application of George. R. Whitney of Santa Ana, to private patrol approved operate a private patrol was approved subject to Police Department . subj. to Po Do approval, approval on motion of Councilman Bennett, seconded by Councilman Miller and carried, UNFINI5IiED BUSINESS-. Hearin* on construction of The Clerk announced that this was the time and place fixed ' improvements 31st Street for the hearing on the written report, heretofore filed by the to 54th Street. City Engineer of said city, for the construction of improvements in certain streets and alleys between 31st Street and 54th Street (West Newport) as shown in the report of the City Engineer of the City of Newport Beach, California and approved by the City Council of said city on the 12th day of July, 1954, in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" of the S reets and Highways Code, to wits Monday, the 23rd,day of August, 154, being the place fixed for such hearing, The Clerk also reported that on the 20th day of July, 1954, he deposited or caused to be deposited in the United States mail, ' with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Sections 2851, 2852 qnd 2853 of said Code and that an affidavit in proof of said mailing is now on file in the office of the City Clerk and City Council of said city;, and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said matter, pursuant to said Code, The Mayor of said City of Newport Beach, being the pre- siding officer of the City Council, then announced tlat the first order of the hearing would be the reading of a portion of the said written report, as required by Section 2857 of said Act, before protests would be considered, ' Thereupon, the Clerk mead said written report so defined by the Mayor, The Mayor then inquired of the Clerk whether any written protests or objections to the things proposed to be done in said • written report had -been filed with him in said mentioned matter, The Clerk reported that eleven written protests had been filed Written protests with him prior to the time set for the hearing by the foillowing persons* Theodore R. Benjamin, Albert Hartman, Harry K. Mellor, Sr,, ' Emily Willett, Claire Claxton, Carl Ferguson, Curtis M. & Ray Yo Copelin, W. F. Ward, Betty Ka Reynolds, Jo Bo Hightower, Grover C. Glass, M. Lo Bateman, Verda Oo Kincaid, James La Liedtke, and each and every protest so filed was then read, reference being hereby made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any person, who would be entitled to protest or object to the things proposed to be done, desired to make oral protest or objection, and stated that such persons would now be heard. Each addressed the City Council on the matter of said written ' report and the things proposed to be done in said written report, and propounded many questions as to the amounts of the various estimated assessments upon the individual parcels of land, 421 After a full and thorough hearing had been had in said matter and an opportunity having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written report filed by the Engineer • in said matter, the City Council deemed it advisable that the hearing be continued for the purpose of checking the protests. ' Thereupon the following motion was made by Councilman Bennett: That all written protests be referred to the City Engineer Hearing continued to for checking and report, and that further consideration of said matter Sept. 13th for further be continued until the hour of 7 :30 o °clock p.m. Daylight Saving Time, checking by C. hngr. of September 13th, 1954. 1 Said motion being duly seconded by Councilman Broering, the same was carried by the following vote, to wit: AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Attorney Harry Ashton asked that the protest of L. E. Piper et al against the planting of six (6) trees at 1301 West Balboa Boulevard, be again deferred until the next meeting - -Mr. Piper being out of town. Piper protest re: plant- On motion of Councilman Smith, seconded by Councilman Broering and ing of trees deferred un- carried, the request was granted and action deferred until September 13th. til Sept. 13th. NEW BUSINESS: The Claim for Damages of Nancy Locken, injured while diving Claim for Damages of from a public pier at the foot of Park Avenue, Balboa Island, was Nancy Locken denied and presented. On motion of Councilman Miller, seconded by Councilman referred to ins. carrier. Bennett and carried, the claim was denied and referred to the insur- ance carried. The Clerk read the claim of James Jo Campbell, Box 275, Palm Claim for Damages of Springs, for settlement of injuries received from a metal pipe James J. Campbell filed. half submerged at 15th Street and the Bay front. On motion of Councilman Miller, seconded by Councilman Broering and carried, the claim was ordered filed. The application of the Richfield Oil Corporation to install Richfield Oil Corp. per - one (1) 4 000 gallon gasoline storage tank on a portion of Lot 3, mit to install gas tank Section 269 Township 6SRlOW9 having been approved by the Fire Pre- approved, vention Bureau, was approved on motion of Councilman Broering, sec- onded by Councilman Bennett and carried. The City Engineer recommended the approval of the transfer Pier Permit A-504 to ' of Pier Permit No. A -504 presently in the name of the Irvine Company Fields, approved. to Alyne Fields of 2541 Circle Drive, Newport Beach, and on motion of Councilman Bennett, seconded by Councilman Miller and carried, the recommendation was approved. The oath of office of Arthur B. Cubbage as a member of the Oath of Office of Arthur Park, Beach & Recreation Commission was approved on motion of Coun- B. Cubbage, member cf cilman Smith, seconded by Councilman Broering and carried. Park, Beach & Rec. Comm. Resolution No. 4263, being a resolution approving the Resolution No. 4263 Quit granting of a Quit Claim Deed to Bernice Lindsey Reynolds of a Claim to Reynolds portion of Lot 69 Block 11, Tract No. 7729 as requested by the 6 -11 -772 Monterey Oil Company and in line with prior policy, 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 Resolution No. 4264, being a resolution authorizing the Resolution No. 4264 Quit execution of a Quit Claim Deed to J. G. Allan and Elsie Allan on Claim to Allan 11 -772 Lot 4, Block 119 Tract No. 772, was adopted on motion of Council- - man Broering, 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 Resolution No. 4265, being a resolution authorizing the Resolution No. ?265 Quit exec�Ytion of a Quit Claim Deed to W. H. C. Ness and 011ie G. Ness Claim to nTess 1 -11 -772 on Lot 1, Block 119 Tract No. 772, was adopted on motion of Coun- cilman Miller, seconded by Councilman Bennett and carried by the following roll call vote, to wit: AYES COUNCILMEN: Broerin NOES9 COUNCILMEN: None g9 S m' ith, Miller, Bennett, Hill ABSENT COUNCILMEN: None ' Planning Commission Variance No. 152 -A recommending the Plan. Com. Var. 152 -A granting of a 21 rearyard setback to Michael G. Wagner, 3800 Chan- Michael G. Wagner 21' Vari nel place, Newport Island, was approved on motion of Councilman ance° Approved • Bennett, seconded by Councilman Miller and carried. Plan. Comm. Var. #153 Planning Commission Variance No. 153, recommending the Resubdivision of Lot 8009 granting of a resubdivision of Lot 800, Tract Noo 907 into two Tr. 9C7 Approved. building sites was approved on motion of Councilman Smith, seconded by Councilman Broering and carried. Plan. Com. Amend #7 approving rezoning of 19 -1136 (Nielsen) & setting 9/13/54 as hea date. Planning Commission Amendment No. 7, recommending the granting of the request of David I. Nielsen, M.D. to change the zoning from R -1 to C -1 -H on Lot 19, Tract No. 1136, being ring406 Westminster Avenue, was received and set for hearing to be held on September 13th on motion of Councilman Miller, s1econded by Councilman Bennett and carried. 2 reappointments to Li- Mayor Hill announced that the terms of,two of the members brary Bd. (Deakins & Peasebf the Library Board had expired and asked that Mrs. Ida Deakins, and Mrs. Norman Pease be reappointed for a full three (3) year term each. On motion of Councilman Miller9 seconded by Councilman Bennett and carried, the Council concurred in reappointing Mrs. Ida Deakins with commendation for her past work. On motion of Councilman Miller, seconded by Councilman Bennett and carried, Mrs. Pease was reappointed to the Library Board for a three year term. On motion of Councilman Smith, seconded by Councilman Atty, Harry Ashton appointgennett and carried, Council concurred with the Mayor's appoint- ed Liaison Officer to act ment of Attorney HarryAshton to serve as liaison officer between in consolidation of Costa the City Council and Chamber of Commerce Committee of both Mesa & Newport Beach. Newport Beach and Costs Mesa in the matter of consolidation of the two cities. Ordinance No. 728 Prohibiting sale of crime or horror comic books to minors passed to 2nd reading Ordinance No. 729 Prohibiting home solici- tation being The City Attorney gave first reading to Ordinance No. 728, AN ORDINANCE ADDING SECTION 6306 TO CHAPTER 3 OF ARTICLE VI�OF THE MUNICIPAL CODE OF THE CITY OF NEWPCR T BEACH, PROHIBITING THE SALE OF ILLUSTRATED CRIME OR HORROR COMIC BOOKS TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS and on motion of Councilman Bennett7 seconded by Councilman Broering was passed to second reading by the following roll call vote, towit: AYES9 COUNCILMEN- Broering, NOES9 COUNCILMEN. None ABSENT COUNCILMEN° None Ordinance No. 7299 being Smithy Miller, Bennett, Hill AN ORDINANCE ADDING SECTION 6147 TO CHAPTER 1 OF ARTICLE VI OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, PROHIBITING HOME SOLICITATION WITHIN THE CITY CF NEWPORT BEACH was given first reading by the City Attorney, and on motion of passed to 2nd reading Councilman Bennett, seconded by Councilman Broering, was passed to second reading by the following roll call vote, to wits AYES9 COUNCILMEN° Broering, Smith, Miller, Bennett, Hill NOES, COUNCILMENg None ABSENT COUNCILMEN: None Ordinance No. 730 Ordinance No. 730, being Restricting issuance of AN ORDINANCE ADDING SECTION 6148 TO CHAPTER 1 OF ARTICLE business licenses to business VI OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH zones RESTEICTING THE ISSUANCE OF CERTAIN LICENSES TO BUSIN�SS ESTABLISHMENTS WITHIN THE CITY OF NEWPORT BEACH passed to 2nd reading was given first reading by the City Attorney and on motion of Councilman Bennett, seconded by Councilman Broering was passed to second reading by the following roll call vote, to wit: AYES9 COUNCILMEN: Broering, Smith, Miller, Bennett, Hill NOES9 COUNCILMEN: None ABSENT COUNCILMEN: None Ordinance No. 731 Ordinance No. 731, being providing for installation AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING & service fees for water SECTION 7208 OF THE MUNICIPAL CODE, PROVIDING FOR connections SERVICE FEES COVERING THE INSTALLATION OF WATER CONNECTIONS was given first reading by the City Attorney and on motion of passed to 2nd reading Councilman Broering, seconded by Councilman Smith, was passed to second reading by the following roll call vote, to wit- AYES, COUNCILMEN. Broering, Smith and Hill NOES, COUNCILMEN: Miller, and Bennett ABSENT COUNCILMEN. None 11 1 1 11 7 r� l� 1 C 42? The City Engineer reported that after checking the bids for the demolition of the water booster plant on Bayside Drive, C. Engr. recommended award Corona del Mar, he was unfamiliar with the low bidder, Walter E. of water booster plant Hesse, and recommended that the awarding of.the contract be demolition contract be hel,_ held over® over for study, ' On motion of Councilman Smith, seconded by Councilman Miller and carried, awarding of the contract was continued til Awarding continued until Friday, August 27th, at 9 -00 a.m. Aug 27. 9 -00 a.m. The City Engineer recommended the approval of the final tract tap of Tract No, 2334 of the Irvine Company which was Tract No, 2334 (Irvine Cc) approved by the Planning Commission was approved on motion of Final Tract Map approved Councilman Bennett, seconded by Councilman Milder and carried by the following roll call vote, to wit- AYES, COUNCILMEN- Broering, Smith, 11iller, Bennett, Hill NOES, COUNCILMEN- None ABSENT COUNCILMEN° None The application of Nelda Gibson for a permit to break Nelda Gibson curb break ' the curb at 126 Amethyst Avenue, being Lot 17, Block 21, Section permit held over, 3, Balboa Island, was held over for further study on motion of Councilman Smith, seconded by Councilman Broering and carried. The application of Blanche Gates for a permit to break Blanche Gates permit to the curb at 136 Topaz Avenue, Balboa Island, being Lot 259 break curb at 136 Topaz • Block 13, Section One, Balboa Island, was again presented to dei-lied. the Council for action, Councilman Miller moved that the appli- cation be granted, seconded by Councilman Bennett, The application was denied by the following roll call vote, to wit- ' AYES9 COUNCILMEN- Miller, Bennett NOES9 COUNCILMEN- Broering, Smith and Hill Mr, Furman, 1352 West Balboa Blvd,, brought to the C. -Mgr. instructed to in- Council's attention a similar situation regarding projecting vestigate exposed pipes pipe in the waters of the bay at 14th Street and the Bay front, in bay water. On motion of Councilman Miller, seconded by Councilman Benre tt and c rried, the City Manager was instructed to investigate all such exposed pipes. 1 On motion of Councilman Bennett, seconded by Councilman Miller and carried, the Council adjourned to Friday, August 27th at 9000 a.m. �!i( -ate �• � �6�tti' Mayor «_a. ATTEST- ' City Clerk 0 r_ i El Adjourned to Aug, 27th.