HomeMy WebLinkAbout04/18/1955 - Adjourned Regular MeetingApril 18,1955
The City Council of the City of Newport Beach met in adjourned
regular session in the Council Chamber of the City Hall at the hour
of 7:30 P.M.
' The roll was called, the following members being present:
Councilmen Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof,
and Hill.
On motion of Councilman Bennett, seconded by Councilman Higbie
and carried, the reading of the minutes of the previous meeting
was waived, and they were declared approved as written.
COMMUNICATIONS
Adjourned regular
session,
Roll call,
Minutes approved,
Petitions requesting the installation of stop lights on Coast Petition, Rea
Highway in Corona del Mar, at Narcissus Avenue or Orchid Avenue, traffic lights in
were presented, and on motion of Councilman Bennett, seconded by Corona del Mar,
Councilman Ridderhof and carried, were referred to the City Eng-
ineer.
The notice was received from the State Compensation Insurance $3710.47refund from
Fund of a refund of $3 710.47 under the City's policy. On motion State Compensation
of Councilman Bennett, seconded by Councilman Stoddard and carried, Insurance fund,
the refund was accepted and the letter ordered filed.
Herman Ranney protested conversion of beach property into a Ranney. Herman, protest
parking lot,and on motion of Councilman Ridderhof, seconded by conversion of beach prop,
Councilman Bennett and carried, the letter was referred to the into parking lot,
City Manager.
' A communication from Earl W. Stanley requesting re- consideration
of the variance application of Mr. and Mrs. Van Every, which was
denied at the last Council meeting, was read. On motion of Council-
man MacKay, seconded by Councilman Stoddard, the request was denied
after the Council received information that the VanEverys had de-
cided to withdraw their application, by the following roll call vote,
to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Ridderhof,
Hill.
NOES, COUNCILMEN: Higbie.
ABSENT COUNCILMEN:None.
Earl W. Stanley,
request reconsideratior
variance for VanEvery.
Denied,
Attorney Jack J. Lande also requested a re- hearing on the VanEvery Lande, Jack Atty,
application, in a letter written before the receipt of the VanEvery request for rehearing
request for withdrawal. On motion of Councilman Stoddard, seconded on VanEvery application.
by Councilman Bennett, Attorney Lande's request was denied by the Denied,
following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Ridderhof,
Hill.
NOES, COUNCILMEN: Higbie.
ABSENT COUNCILMEN: None.
The Civil Service Commission submitted the names of Joseph Joseph Guerin
' Guerin, R. B. Fehren and James T. Van Dyke for consideration in Appointed to Civil
the appointment of a fifthe member of the Commissiou. On motion Service Commission,
of Councilman Higbie, seconded by Councilman Stoddard and carried,
Mr. Guerin was nominated. On motion of Councilman Stoddard, seconded
by Councilman Wilder and carried, the norginations were closed. On
motion of Councilman Stoddard, seconded by Councilman Wilder and
carried, Mr. Guerin was appointed to the Civil Service Commission
and the City Clerk was instructed to cast an unanimous ballot for
him.
Attorney Harry L. Blodgett, in behalf of Donald Metz, suggested Atty. Harry Blodgett9
that the construction of a one hour fire resistant wall on the request on behalf of
garage at 420 "M" Street in Balboa, be accepted in lieu of the re- Donald Metz,
moval of the wall as required by the Council at its last meeting. Denied.
On motion of Councilman MacKay, seconded by Councilman Ridderhof
and carried, the request was denied.
The City Manager requested authority to employ Fred Baxter as Fred Baxter,
Administrative Assistant to the Planning Commission at a salary of employed as Administrativ
$410 per month. On motion of Councilman Bennett, seconded by Assistant to Planning Comm,
Councilman Stoddard, the employment of Mr. Baxter was authorized at $410 per month,
by the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCILMEN: None.
' ABSENT COUNCILMEN: None.
The City Manager requested authority to transfer $50,CCC.00 C.Mgr. request transfer
from the City's inactive account in the Newport Beach branch of of $509000.00 inactive acct,
the Bank of America to an inactive account in the Mariners Bank from.Npt.Bch. Bank of Amer,
at Newport Beach. On motion of Councilman '"ilder, seconded by to Mariners Bank at Npt.B.
Councilman Bennett, the transfer was authorized by the following
roll call vote, to wit: Authorized.
AYES, COUNCILMEN: Bennett, Wilder, Stoddard, Higbie, Ridderhof,
Hill. Councilman MacKay, not voting.
NOES, COUNCILMEN: None
2
ABSENT COUNCILMEN: None.
LICENSE
New ort- Balboa Music Co.
for license to conduct The application of the Newport - Balboa Music Company for a
bowling game at 471 license to conduct a bowling game at 471 North Newport Blvd.,
N.Npt. Blvd. was granted on motion of Councilman B ennett, seconded by doun-
Granted. cilman Wilder and carried.
Wm. G. _Lovell, for The application of William G. Lovell for license to operate a
license to operate Smoke Fish and Hamburger Stand at 111 McFadden Place, being a
amhurger stand at transfer of location, was granted on motion of Councilman MacKay,
111 McFadden Pl. seconded by Councilman Wilder and carried.
Granted.
Helen M. Schloesser. The application of Helen M. Schloesser for a license to operate
or license to operatean ice cream fountain at 311 Palm Street, Balboa, being a change
ce cream fountain at ofownership, was granted on motion of Councilman Bennett, seconded
311 Palm St. by Councilman Wilder and carried.
Granted.
The applications of James Chandler, Richard L. Smith, Dale Pool,
Application for and James Thompson for exempt license to solicit magazines subscrip-
Exemrot license, tions from house to house, were referred to the City Attorney on
referred to C. Atty. motion of Councilman Stoddard, sconded by Councilman Bennett and-
carried.
UNFINISHED BUSINESS.
Ord. No. 46, Ordinance No. 746, being
Amending 110,Mun.
Code,changing period AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 4110 OF
or licensing of dogs.THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, CHANGING THE PERIOD
FOR LICENSING DOGS FROM A FISCAL YEAR TO A CALENDAR YEAR.
Adopted.
was presented for second reading and
on motion of Councilman Bennett,
of intention of the City
seconded by Councilman Stoddard and
carried, the reading of the
closing up,,vacation
ordinance was waived. On motion of Councilman Bennett, seconded by
and
Councilman MacKay, Ordinance No. 746
was adopted by the following
Hearing date set.
roll call vote, to wit:
hearing date thereon as May 23, 1955, at
7:3G o'clock P.M.,
AYES, COUNCILMEN: Bennett, Wilder,
MacKay, Stoddard, Higbie,
adopted on motion of Councilman Bennett,
Ridderhof, Hill.
man
NOES, COUNCILMEN: None
call vote, to wit:
ABSENT COUNCILMEN: None.
Ord. No. 747,amend.
Ordinance No. 747, being
2702,Munc. Code.
Changing dated &
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2702 OF
time of regular
THE MUNICIPAL CODE OF THE CITY OF NEWPORT
BEACH, CHANGING THE DATE&
Council meetings.
TIME OF THE REGULAR COUNCIL MEETINGS.
Passed to second
was presented,and read. On motion of
Councilman Bennett, seconded by
reading.
Councilman Ridderhof, the Ordinance was
passed to second reading by
the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder,
MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN: None.
Fire Zone, The Newport Harbor Chamber of Commerce recommended that the
Recommended change present No. 1 fire zone be eliminated and that areas presently in
by Npt. Harbor Cham. this zone be designated as zone 2. It was further recommended that
of Commerce. the City Manager be empowered to make an un- official survey of the
C.Atty. to draft firepprmtection problem in the City of Newport Beach. On motion of
Ord.- C.Mgr. to make Councilman MacKay, seconded by Councilman Stoddard and carried, the
un- official survey. City Attorney was instructed to draft an Ordinance shanging the
fire zonal in accordance with the recommendation of the Chamber of
Commerce. On motion of Councilman MacKay, seconded by Councilman
Stoddard and carried, the City Manager was instructed to arrange
for an un- officila survey through the Board of Fire Underwriters.
N .EW BUSINESS.
R -43129 approving map Resolution No. 4319, being a resolution approving a map showing
showing vacation of a certain public highway over Lot 24, Block 9, Tract No.27, proposed
certain public to be vacated, closed up and abandoned, was adopted on motion of
highway. Councilman Bennett, seconded by Councilman Higbie and carried by
Adopted. the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None.
R- 4- 20,Intent. to
order
Resolution No. 4320, being a resolution
of intention of the City
vacation of above
Council declaring its intention to order the
closing up,,vacation
mentioned highway.
and
abandonment of the above mentioned public
highway, and setting
Hearing date set.
the
hearing date thereon as May 23, 1955, at
7:3G o'clock P.M.,
Adopted.
was
adopted on motion of Councilman Bennett,
seconded by Council -
man
Higbie and carried by the following roll
call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN: None.
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The City Engineer recommended that the contract for the construc-
tion of a sanitary sewer main and connections in Blocks 9 and 14 of
Sections 2 and 3, Balboa Island, be awarded to the low bidder, Edwin
L. Barkley of Costa Mesa, in the amount of $14,C95.40. On motion of
Councilman Bennett, seconded by Councilman Wilder., Resolution No.
4321, being a resolution authorizing the execution of the contract,
was adopted by the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCILMEN: None
ABSERTCCOUNCILMEN: None.
F
R- 4321,authorizing
execution of contract.
Edwin L. Barkley,low
bidder for constr. of
sewer main, Bal.Is.
Adopted.
The City Clerk announces that this is the time and place set Time d place set for
for hearing on the proposed Annexation of the "Upper Bay" in hearing on proposed Upper
Resolution No. 4310. The Mayor declared the hearing opened and, Bay Annex. in R -4310.
a protest from the County of Orange, asserting that property of Appraisers Goode and
the area owned by the County constituted more than one half of Wallace statement of value
the area to be annexed, was read. Stanley Goode, having been of rroperty claimed by theCty
qualified as an expert appraiser,under oath, stated that the of Lrange.
property claimed by the Bounty, being a navigable water way,
must be considered in the same classification as a street, having
no market value. Jack Wallace, having been qualified as an
appraiser, under oath, stated that in his opinion the County's
property had a potential market value of $2,225,000.00. County
Counsel Joel Ogle, spoke from the floor urging that the City
abandon the Annexation.
Resolution No. 4322, being a resolution of the City Council R -4322, finding and deter -
finding and determining that the value of the property located mining value of property
within the proposed annexation, and owned by the County of Orange, in proposed annex, and
is less than one half of the totAlvalue of the territory proposed owned by "range Cty.
to be annexed, was adopted on motion of Councilman Bennett, seconded
by Councilman MacKay and carried by the following roll call vote, to Adopted.
wit:
AYES, COUNCILMEN: Bennett, Wilder,
Ridderhof, Hill.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None.
Ordinance No. 748, being
MacKay, Stoddard, Higbie,
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN
AS "UPPER BAY ANNEX ".
was presented, and on motion of Councilman Bennett, seconded by
Councilman Wilder and carried, the reading of the ordinance was
waived.
On motion of Councilman Bennett, seconded by Councilman
Ridderhof, Ordinance No. 748 was passed to second reading by
the following roll call vote, to wit:
AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie,
Ridderhof, Hill.
NOES, COUNCLMEN: None.
ABSENT COUNCILMEN: None.
Ord. No. 748,Approving
annexation known as "Upper
Bay Annex." presented.
Reading waived.
Ord. No. X48, passed to
second reading.
On motion of Councilman Ridderhof, seconded by Councilman Wilder Adjournment, sine die
and carried, the meeting was adjourned, sine die.
ATTEST:
City Clerk
Ly
Mayor