HomeMy WebLinkAbout09/27/1954 - Regular MeetingSeptember 27, 1954
The City Council of the City of Newport Beach met in ,
Regular meeting regular session in the Council Chamber of the City Hall at the
hour of 7:30 p.m.
Roll Call The roll was called, the following members being present:
Broering, Smith, Bennett, and Hill.
Minutes On motion of Councilman Bennett, seconded by Councilman
Broering and carried, the reading of the previous minutes was
waived and they were approved as written.
Demands Certain regular demands were approved and ordered paid,
having been approved by the Finance Committee, on motion of
Councilman Bennett, seconded by Councilman Broering and carried
by the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill '
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Order of Business waived Councilman Bennett made a motion to waive the regular
order of business seconded by Councilman Broering and carried.
The City Clerk announced that this was the time and place •
Hearings Proposed Ords* set for a hearing on proposed Ordinances 729 and 730, having to
729 & 730 do with the licensing of solicitors.
Res solicitor, licensing
Letters from Harold 0. Wright, Fuller Brush Manager; ,
W. J. Howard, Fuller Brush Field Supr; R. H. Gartz, Branch Mgr,
Protests Air -Way Vacuum Cleaners; and Robert M. Wilson of Costa Mesa,
were presented.
Mayor Hill stated that the Council had considered the
Ordinance Noo 729 Defeate(�roposed licensing ordinances carefully and asked for an expression
of opinion from the Council. On motion of Councilman Smith,
seconded by Councilman Bennett, Ordinance No. 729 was disapproved
on the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Ordinance Non 730 Defeated On motion of Councilman Smith, seconded by Councilman '
Broering, Ordinance No. 730 was disapproved by the following roll
call vote, to wit:
AYES, COUNCILMEN: Broering, smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
C. Atty. instructed to kake On motion of Councilman Smith, seconded by Councilman
further study of problem* Bennett and carried, the letters were ordered filed and the City
Attorney was instructed to make a further study of the problem of
controlling house -to -house solicitation.
Regular order of Business The Regular order of business was resumed on motion of '
Resumed Councilman Smith, seconded by Councilman Bennett and carried.
COMMUNICATIONSs
Grandolfo, Frank & Gina The application of Frank & Gina Grandolfo for an onsale
Beer & yine license appl°abeer and wine license at 511 E. Balboa Blvd., Balboa, was ordered
to St *Bd. of Equal* filed on motion of Councilman Smith, seconded by Councilman Broering •
and carried.
Geo. M. Houck complaining A communication from George M. Houck, 4885 Hartwick Street,
of odor in Santa Ana riveayos Angeles 41, complaining of the odor in the Santa Ana River
area. area was read, and on motion of Councilman Smith, seconded by
Councilman Broering and carried was referred to the Sanitation
District.
Protests to the use of The Clerk stated that he had received the following com-
matching lands for pur- munications protesting the use of matching lands for Corona del
chase of "Inspiration Pt" Mar property: Hans Wayne, 828 W. Ocean Front; Mrs. Sylvia place,
1708 W. Ocean Front; Doris G. Westfall, 914 W. Ocean Front. On
motion of Councilman Smith, seconded by Councilman Broering and
carried, the communications were "referred to the Park Acquisition
Committee to be appointed.
Park Acquisition Committee Mayor Hill named the following people for the Park Acquisition
named Committee to be approved by the Council.
George Lind, Chairman '
-11. W. Smith and Gerald Bennett representing the Council
Ruth Fleming and A. B. Cubbage, Park Beach & Recreation Comm.
Geraldine Stewart and Braden Finch representing Corona del Mar •
R. G. Mitchell and Julia Eggert representing Ocean Front people
On motion of Councilman Broering, seconded by Councilman
Bennett and carried, Council confirmed the appointments.
439
Beginning at a point in the southwesterly
lot line of Lot 1 of said Block 12, said point
being north 500 10' 00" west and distant 86.00
feet from the most southerly corner of said
Lot 1; thence north 39° 501 east a distance of
15.00 feet; thence south 500 10' east a distance
of 5.00 feet to the point of beginning.
Resolution No. 4271, being a resolution accepting another Resolution No. 4271 Grant
grant deed of easement from George E. Regan and Grace E. Regan, Deed, Geo.& Grace Regan,
husband and wife, covering the following described property:- 1/12/Tr.27 Accepted.
A right of way or easement 5.00 feet in width over a por-
tion of Lot 2, Block 12, Tract No. 27, as said Tract is laid out
and shown upon a map recorded in Miscellaneous Map Book 9,
Page 26, Records of Orange County, California, for the purpose
of erecting, laying, and constructing a pipe line or pipe lines
' to convey sewage with the right of going in, over and under the
premises hereinafter described for the purpose of repairing,
maintaining and replacing said pipe lines in, over and under
that certain real property being 2.50 feet on each side of the
following described center line to wit;
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Beginning at a point in the southwesterly
lot line of Lot 2 of said Block 12, said point
being south 500 101 00 11 east and distant 68.58
feet from the most westerly corner of said Lot 2;
thence north 390 49' 4711 east, a distance of 33.06
feet to an intersection with a line, said line being
75.00 feet distant from the most northerly and west-
erly corners and measured along the northeasterly
and southwesterly lines of said Lot 2.
was adopted on motion of Councilman Bennett, seconded by
Councilman Broering and carried by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
'was adopted on motion of Councilman Bennett, seconded by
Councilman Broering and carried by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
A letter from Ernestine Pollock, 4438 Fifth Street, River-
Dog restrictions protested
side, protesting restrictions on dogs within the City was read
Ernestine Pollock
and ordered filed on motion of Councilman Bennett, seconded by
Councilman Smith and carried.
LICENSES°
The application of Col. R. M. Gosnell, D.D. for an exempt
Col. R.M.Gosnell,D.D. ex-
'
license to solicit used Bibles and funds and distribute Christian
empt soliciting license
literature was denied on motion of Councilman Smith, seconded by
Denied.
Councilman Broering and carried.
The application of Eugene L. Smith, for a license to
Eugene Smith, service stn
operate a service station at 300 Coast Hiway, Corona del Mar,
at 300 Cost Hiway,CDM.
was approved on motion of Councilman Smith, seconded by Coun-
Granted
cilman Bennett and carried.
The application of Sidney Marquis to operate a machine
Sidney Marquis to operate
shop at 426 31st Street, Newport Beach, was approved on motion
machine shop approved.
of Councilman Broering, seconded by Councilman Bennett and carried.
The application of Roberta Dansworth for a license to
Roberta Dunswath, massage,
operate a massage business at the Balboa Bay Club was referred
Balboa Bay Club, to P.D.
'
to the Police Department on motion of Councilman Bennett, seconded
by Councilman Broering and carried.
NEW BUSINESSs
Resolution No. 4270, being a resolution accepting a
Resolution No. 4270 Grant
Grant Deed of Easement from George E. Regan and Grace E. Regan,
Deed, Goo & Grace Regan
husband and wife, covering the following described property : -
1/12/Tr.27 Accepted
A right of way or easement 5.00 feet in width over a
portion of Lot 1, Block 12, Tract No. 27 as said Tract is laid
out and shown upon a map recorded in Miscellaneous Map Book 9,
Page 26, records of Orange County, California, for the purpose
of erecting, laying and constructing a pipe line or pipe lines
to convey sewage with the right of going in, over and under the
premises hereinafter described for the purpose of repairing,
maintaining and replacing said pipe lines in, over and under that
certain real property and being more particularly described as
follows to wit: o
Beginning at a point in the southwesterly
lot line of Lot 1 of said Block 12, said point
being north 500 10' 00" west and distant 86.00
feet from the most southerly corner of said
Lot 1; thence north 39° 501 east a distance of
15.00 feet; thence south 500 10' east a distance
of 5.00 feet to the point of beginning.
Resolution No. 4271, being a resolution accepting another Resolution No. 4271 Grant
grant deed of easement from George E. Regan and Grace E. Regan, Deed, Geo.& Grace Regan,
husband and wife, covering the following described property:- 1/12/Tr.27 Accepted.
A right of way or easement 5.00 feet in width over a por-
tion of Lot 2, Block 12, Tract No. 27, as said Tract is laid out
and shown upon a map recorded in Miscellaneous Map Book 9,
Page 26, Records of Orange County, California, for the purpose
of erecting, laying, and constructing a pipe line or pipe lines
' to convey sewage with the right of going in, over and under the
premises hereinafter described for the purpose of repairing,
maintaining and replacing said pipe lines in, over and under
that certain real property being 2.50 feet on each side of the
following described center line to wit;
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Beginning at a point in the southwesterly
lot line of Lot 2 of said Block 12, said point
being south 500 101 00 11 east and distant 68.58
feet from the most westerly corner of said Lot 2;
thence north 390 49' 4711 east, a distance of 33.06
feet to an intersection with a line, said line being
75.00 feet distant from the most northerly and west-
erly corners and measured along the northeasterly
and southwesterly lines of said Lot 2.
was adopted on motion of Councilman Bennett, seconded by
Councilman Broering and carried by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
'was adopted on motion of Councilman Bennett, seconded by
Councilman Broering and carried by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
a
Resolution No. 4272 Grant Resolutioh No. 4272, being a resolution accepting a
Deed from Preston W. Grant Deed of Easement from Preston W. Coombs and Esther L.
Coombs. 4 /B /Sea.Col. Coombs, husband and wife, covering the following described
Accepted property:-
A right of way or easement for the purpose of
erecting, laying and constructing a pipe line or pipe lines
to convey sewage with the right of going in, over and under
the premises hereinafter described, for the purpose of re-
pairing, maintaining and replacing said pipe lines in, over
and under that certain real property described as follows,
to wit:
The Northeasterly four (4) feet of
Lot 4, Block "B ", Seashore Colony Tract, as
said tract is laid out and shown upon a map
recorded in Miscellaneous Maps, Book 7,
Page 25, Records of Orange County, California
was adopted on motion of Councilman Broering, seconded by
Councilman Bennett and carried by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMFgd: None
Edward E. Wall, Jr.
The oath of office of Edward E. Wall, Jr. as a Harbor
Oath of Office
Patrolman was approved on motion of Councilman Smith,
seconded by Councilman Broering and carried.
Planning Commission
Planning Commission Variance application No. 154 of
Donald H. Hall Variance
Donald H. Hall, 418 Marguerite Ave., Corona del Mar, to con=
referred back to Plan.
duct a commercial art studio in an R -2 residential zone was
Comm.
referred back to the Planning Commission for further con-
sideration on motion of Councilman Smith, seconded by Council-
man Broering and carried.
Mrs. Carl Schiller appl9n
The application of Mrs. Carl J. Schiller for a Variance
Variance No. 155 Denied
in setbacks at 3424 Via Oporto, having been denied by the
Planning Commission under variance proceedings No. 155, was
denied on motion of Councilman Bennett, seconded by Councilman
Broering and carried.
Harry M. Kelson appl9n
The application of Harry M. Kelso for a Variance in
Variance No. 156 Denied
setbacks at 3432 Via Oporto, having been denied by the planning
commission under variance proceedings No. 156, was denied on
motion of Councilman Broering, seconded by Councilman Bennett
and carried.
Leo S. Kock appl9n The application of Leo S. Koch for a Variance to
Variance No. 157 Granted permit a 72' rear yard setback at 616 Seaward Road, Corona del
Mar, having been granted by the Planning Commission under
Variance proceedings No. 157 was approved by the City Council
on motion of Councilman Bennett, seconded by Councilman Broering
and carried.
G. Ernest Walker appl9n The application of G. Ernest Walker and Ruth E. Walker
Re- subdivision 9&10/x/ for permit to re- subdivide Lots 9 and 10, Block K, Seashore
Sea.Col. Approved colony Tract, having been approved by the Planning Commission
under variance proceedings No. 1589 was granted on motion of
Councilman Broering, seconded by Councilman Bennett and carried.
Dean A. Kephart gpl9n The application of Dean A. Kephart, for a 5' rear yard
Variance No. 159 Granted setback in an R -1 District at 2033 and 2037 Balboa Blvd., having
been approved by the Planning Commission under Variance pro -
ceedings No. 159, was granted by the Council on motion of
Councilman Bennett, seconded by Councilman Broering and carried.
The application of Mr. & Mrs. W. G. McCarty for a Variance
MR & MRS W. G. McCarty to permit the construction of an addition to a house at 3708
Variance appl9n No. 161 W. Balboa Blvd., Newport Beach, having been disapproved by the
Denied Planning Commission under variance proceedings No. 161 was de-
nied bn motion of Councilman Bennett, seconded by Councilman
Broering and carried.
The application of Ralph Hoyle, Jr., for a permit to re-
Ralph Hoyle, Jr. appl9h subdivide a R -1 parcel at 342 Via Lido Soud & 123 Via Firenze,
Re- subdivision Approved having been approved by the Planning Commission was granted, on
motion of Councilman Bennett, seconded by Councilman Broering
and carried.
Resolution of Intent #585 Resolution of.Intention No. 585 of the Planning Commission,
rezone Stricker Annex. being a resolution of intention to rezone the Stricker Annexation,
set for hearing Oct 25th was presented and on motion of Councilman Smith, seconded by
Councilman Bennett and carried, hearing was set for October 25th.
Ordinance No. 732
Lot 199 Tr. 1136
Rezoning
Ordinance No. 732, being
AN ORDINANCE AMENDING SECTION 9102.2 OF THE MUNICIPAL
CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE ZONING OF CERTAIN
PROPERTY
t(Dx:: fD&Vid 1Uel$en appl9n)
was introduced and on motion of Councilman Broering,
introduced and passed seconded by Councilman Smith and carried, reading of the
to 2nd reading. Ordinance was waived.
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On motion of Councilman Smith, seconded by Councilman
Broering, Ordinance No. 732 was passed to second reading by
the following roll call vote, to wit:
AYES,YGOUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Manager reported that several proposals to
make group life insurance available to city employees had
been considered and that the proposal of the .Etna Life Insur-
ance company, *under which employees would pay $1.30 per $1000
per month, and the cost to the city would be between $2700
and $2800 annually, appeared to be the best.
On motion of Councilman Bennett, seconded by Councilman
Smith, the City Manager was authorized to accept the offer and
place the group insurance plan into effect by the following
roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Ordinance No. 2
passed to 2nd reading
Group Life Ins. for city
employees. C. Mgr. auth-
orized to enter into contra-
with A�•na Ins. Co.
On motion of Councilman Broering, seconded by Councilman Street Striping Machine
Smith, purchase of a street striping machine from the Larson authorized.
Equipment Company at a cost of $1,OdO was authorized by the
following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Engineer reported that the bid of the E. M. E.M. Horst awarded bid for
Horst Company in the amount of $175 for grading at First and grading lst & Begonia,CDM.
Begonia Avenues, Corona del Mar, was low and that the bid
of the Gillman Plumbing Company of $497 for the installation
of sprinkling system also was low.
On motion of Councilman Bennett, seconded by Councilman Gillman Plumbing awarded bid
Smith, the Gillman bid was accepted by the following roll call for plumbing at 1st & Begon-
vote, to wit: is Park, CDM.
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Bennett, seconded by Councilman
Broering, the Horst Company bid was accepted by the following
roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Broering, seconded by Councilman x¢1300 expenditure for land -
Bennett, the expenditure of $1300 for landscaping the park area scaping above area authoriz=
at 1st and Begonia Avenues, the work to be done by the City Park
Superintendent was approved by the following roll call vote,
to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Engineer reported that the paving of approxi- 19th & Whittier area paved.
mately 11,600 sq.ft. at 19th and Whittier Streets in connection E. M. Horst awarded bid.
with the approach to the City Disposal Area, was necessary. Approach to disposal area.
He stated that the bid of E. M. Horst Company in the amount of
.9 cents sq.ft. was the lowest received. On motion of Council-
man Bennett, seconded by Councilman Broering, the Horst bid was
accepted and the work ordered done by the following roll call
vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
On motion of Councilman Bennett, seconded by Councilman C. Atty. instructed to pro-
' Smith, the City Attorney was instructed to proceed with the ceed with condemnation
condemnation of certain Pacific Electric properties between 22nd of P.E. property between
and 30th Street, Newport Beach, by the following roll call vote, 22nd & 30th Street.
to wit:
• AYES, COUNCILMEN: Broering, Smith, Bennett, Hill
NOES, COUNCILMEN: None
- ABSENT COUNCILMEN: None
*as offered by Mr. Coffin, the broker,
442
Mayor Hill announced the following appointments to a
Bay Sanitation Committee Bay Sanitation Committees
Named
Sam Hill, Chairman, representing water front property owners. •
Robert E. Campbell, representing water front property owners.
Monte Brokaw, representing yacht clubs
Herb Thomas, representing anchorages '
Thomas A. Thomas, representing fish canneries
Norman Hagen, representing sport fishing industry
H. L. Ayres, representing Chamber of Commerce Harbor Committee.
On motion of Councilman Smith, seconded by Councilman Ben-
nett and carried, the appointments were confirmed.
On motion of Councilman Broering, seconded by Councilman
Joseph Gallant added to Smith acid carried, the name of Josepti Gallant was added to the
Bay San. Comt. Bay Sanitation Committee as a non-voting member.
Charter amend.proposed. Councilman Smith moved that the City Attorney be instructed
increase Palk Comm.'.to 9 to draft an amendment to the proposed City Charter increasing the
Park, Beach and Recreation Commission from 7 to 9 members. The
motion was seconded by Mayor Hill and carried.
Charter amend. proposed. Councilman Smith further moved that the City Attorney be '
Increase Plano Comm.to 9 instructed to draft an amendment to the City Charter increasing
the membership of the Planning Commission from 7 to 9 members.
The motion was seconded by Councilman Broering and carried.
Mrs. Ruth Fleming of the Park, Beach and Recreation Com- •
Park Commission amendment mission, spoke from the floor stating that the Commission had
Rescinded. difficulty in obtaining a quorum with a membership of 9 and
asking that the membership be retained at 7 as proposed in the
Charter. On motion of Councilman Smith, seconded by Councilman
Broering and carried, porposed action of the Council with the ,
view of increasing the membership of the Park, Beach and Recreation
Commission was rescinded.
C. Atty. instructed to
Councilman Smith moved that the City Attorney be instructed
draft proposition to be
to draft an amendment to the Charter prohibiting bait barges in
voted on outlawing bait
swimming areas at Corona del Mar. The motion was seconded by
barges.
Mayor Hill and carried. Councilman Bennett voting "No ".
C. Atty. instructed to
Councilman Smith also moved that a proposition be placed
draft proposition to be
on the ballot in the coming election under the proposed charter
voted on limiting amt-to
to establish the wish of the people as to limitation of the
be used for publicity etc.
amounts to be spent from the Advertising Fund for entertainment,
publicity and advertising. The motion was seconded by Councilman
Broering and carried, Councilman Bennett voting "No."
Adjournment
On motion of Councilman Bennett, seconded by Councilman
Broering and carried, the City Council adjourned, sine die.
a-ca_- J
Mayor '
ATTEST:
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Clerk
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