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HomeMy WebLinkAbout12/21/1956 - Adjourned Regular MeetingCity Clerk to execute an amendment to the Sully - Miller Contracting Company contract for the resurfacing of streets, in the manner recommended by the Public Works Director, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill _ NOES, COUNCILMEN: None ' ABSENT, COUNCILMEN: None M journment. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the meeting was adjourned to December 21, 1956, at 9:00 A.M. mayor ATTEST: Ulty L; er December 21, 1956 Adjourned session. The City Council of the City of Newport Beach met in regular adjourned session in the Council Chambers of the City Hall at the hour of 9:00 A.M. Roll call. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Ridderhof and Hill; Councilman Higbie being I absent, Ap2roval of minutes. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the reading of the minutes of December 10, 1956, was waived, and they were approved as written and ordered filed. COMMUNICATIONS Re Findings and The Clerk presented a letter from Riedman, Dalessi & Shelton, Attorneys Award in t e matter at Law, enclosing copies of Findings and Award which had issued in the matter of Walter E. Dyson of Walter E. Dyson vs. the City of Newport Beach. On motion of Councilman vs. the Caty. Hart, seconded by Councilman Wilder and carried, said letter was referred to the City Attorney. Additional protest A card received from Mrs. Donald C. Clark opposing the opening of a re 'Ear" on Balboa "bar" on Balboa Island by Dr. George W. Campbell, was, on motion of Councilman Is an . Wilder, seconded by Councilman Hart and carried, ordered filed with the other correspondence on this matter. Letter from Bank of The Clerk presented a letter from the Bank of America stating that the America re a osits existing contracts with the City in connection with deposits of inactive o inactive public public funds are modified, effective December 15, 1956, to provide that on funds.- 90 days' notice of withdrawal, the interest rate will be 2% per annum; deposits which require 30 days' notice will continue to pay the maximum permitted, 1% per annum. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said letter was ordered filed. Letter from Costa Mesa Sanitary A letter from Donald Dungan, Attorney for Costa Mesa Sanitary District, ; Dis- stating that said District has received a petition from Landmark Development trict re annexation Corp., Inc., for annexation of its property to said District, was presented: request trom 'Landmark A discussion was had and continued for later.in the meeting for determination, evDevelopment since Councilman Stoddard wished to make a telephone call in regard to this Corp., Inc. matter. LICENSES Exempt license The Clerk presented the Application for Exempt License of Miss Rosemary house to ��use Waters, Region V Field Adviser, for house to house soliciting for the sale so icatan orrthe of peanuts for Camp Fire Girls, Inc., Regional Office, 3438 West 8th Street, sale o eanugs Yor Los Angeles, during the period from January 18, 1957, to February 3, 1957. Camp Fare Gar s. Approval of said application was recommended by the City Attorney and the Chief of Police. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the Application was approved. Don H. Cam bell The Clerk presented the Application for License of Don H. Campbell, or co fee s op. 2598a Willo Lane, Costa Mesa, for Don's Coffee Shop at 109 McFadden Place, Newport Beach, food and soft drinks, bearing the necessary approvals. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said Application was approved. ADDITIONAL BUSINESS Appointment of Mayor Hill recommended the appointment of Councilman Stoddard, the City. ' Commissioners re Attorney, and the City Manager as Commissioners to investigate and report reservoir plans. plans and terms deemed feasible and equitable regarding the joint reservoir project. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said appointments were confirmed. The Clerk presented Resolution No. 4582, being a resolution deeming The Clerk presented Resolution No, 4585, being a resolution accepting the work of improvement on the City's portion of Bayside Drive in the upper bay, and authorizing the Director of Public Works to submit to the Board of Supervisors of Orange County, the demand for the sum of $4,460.03, to be paid to the City of Newport Beach for the aforesaid improvement. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4585 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard, Ridderhof The City Manager stated that to make the record clear, the agenda sets forth for authorization, the low bid of Theo Robins for ' a Four -Door Sedan, Police Department replacement, at a cost of $2340, Item 13 on the bid call submitted to the Council on December 10, 1956. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said low bid was accepted and the purchase authorized. The City Manager recommended, and requested, authorization to pro- ceed with plans for the design and installation of a dial telephone system for the City Hall, at the approximate cost of $300 installation and additional monthly charges of $183. On motion of Councilman MacKay, seconded by Councilman Higbie and carried, the recommendation of the City Manager was accepted. The Clerk presented the recommendation from the Parks, Beaches and Recreation Commission for street tree planting in the subdivision identified as Tentative Tract Map No. 3162, being a portion of Lot D. Banning Tract, After discussion, on motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was ordered filed. Councilman Stoddard returned to the meeting at this time. The Clerk presented the recommendation of the Parks, Beaches and Recreation Commission in regard to Tentative Tract Map No, 3162, being a portion of Lot D. Banning Tract, "that a fee, in lieu of land for park development, of not less than $30 per lot, or a realistic amount based on the value of the land, be assessed on this portion of the Banning Subdivision," A discussion ensued, The City Attorney ' recommended that fees collected in one subdivision area for park purposes, be spent only for parks in the area of the subdivision involved until judicial determination is made of the legality of collecting fees for park purposes in one area and spending them for parks in an area not adjacent to the area from which the fees were collected. Robert Gingrich spoke from the audience. Councilman Stoddard suggested that we should have a ruling from the City Attorney as to whether or not the fees collected are proposed to be spent for a park in a proper area. On motion of Councilman Hart, seconded by Councilman Wilder and carried the subject letter from the Parks, Beaches and Recreation Commission was ordered filed. m tE `�y a L --4582 adopted re 4oint action with Costa Mesa re eservo riroject< R -4583 authorizing execution of Con- sent to Sublease Ne port Ba Company to At antic Lake Insurance omnanv. R -4584. Res. of In- Acc Lance of low og-.n o o eo Ro s or Police Depart ment replacement. Authorization to proceed with plans re insta at on of dial to eDfione system. PB &R letter re tree a tting an Tract Recommendation of 1.ABEK re Tentative lract Map No, 2, it advisable to investigate the desirability of joint action with the City of Costa Mesa for acquiring and maintaining a water supply, and consenting to the appointment of Commissioners. On motion of Council- man Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4582 was adopted by the following roll call vote, to wit: ' AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie Councilman Higbie joined the meeting at this,time. The Clerk presented Resolution No. 4583, being a resolution authorizing the Mayor and City Clerk to execute a Consent to Sublease, dated December 21, 1956, by the Newport Bay Company to the Atlantic Life Insurance Company, a portion of the premises leased from the City of Newport Beach under lease dated March 24, 1948, as amended (Balboa Bay Club site), for construction of thirty -six apartment units, also consenting to the Agreement of Lease wherein and whereby the Atlantic Life Insurance Company subleases the said premises back to the Newport Bay,Company. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, Resolution No. 4583 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Councilman Ridderhof and Councilman Stoddard left the meeting at this time. ' The Clerk presented Resolution No. 4584, being a Resolution of Intention March 26, 1957, in to call a special election on connection with the "Superior Avenue Annex," setting hearing to be held January 14, 1957, on said resolution. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4584 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard, Ridderhof The Clerk presented Resolution No, 4585, being a resolution accepting the work of improvement on the City's portion of Bayside Drive in the upper bay, and authorizing the Director of Public Works to submit to the Board of Supervisors of Orange County, the demand for the sum of $4,460.03, to be paid to the City of Newport Beach for the aforesaid improvement. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Resolution No. 4585 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard, Ridderhof The City Manager stated that to make the record clear, the agenda sets forth for authorization, the low bid of Theo Robins for ' a Four -Door Sedan, Police Department replacement, at a cost of $2340, Item 13 on the bid call submitted to the Council on December 10, 1956. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said low bid was accepted and the purchase authorized. The City Manager recommended, and requested, authorization to pro- ceed with plans for the design and installation of a dial telephone system for the City Hall, at the approximate cost of $300 installation and additional monthly charges of $183. On motion of Councilman MacKay, seconded by Councilman Higbie and carried, the recommendation of the City Manager was accepted. The Clerk presented the recommendation from the Parks, Beaches and Recreation Commission for street tree planting in the subdivision identified as Tentative Tract Map No. 3162, being a portion of Lot D. Banning Tract, After discussion, on motion of Councilman MacKay, seconded by Councilman Wilder and carried, said letter was ordered filed. Councilman Stoddard returned to the meeting at this time. The Clerk presented the recommendation of the Parks, Beaches and Recreation Commission in regard to Tentative Tract Map No, 3162, being a portion of Lot D. Banning Tract, "that a fee, in lieu of land for park development, of not less than $30 per lot, or a realistic amount based on the value of the land, be assessed on this portion of the Banning Subdivision," A discussion ensued, The City Attorney ' recommended that fees collected in one subdivision area for park purposes, be spent only for parks in the area of the subdivision involved until judicial determination is made of the legality of collecting fees for park purposes in one area and spending them for parks in an area not adjacent to the area from which the fees were collected. Robert Gingrich spoke from the audience. Councilman Stoddard suggested that we should have a ruling from the City Attorney as to whether or not the fees collected are proposed to be spent for a park in a proper area. On motion of Councilman Hart, seconded by Councilman Wilder and carried the subject letter from the Parks, Beaches and Recreation Commission was ordered filed. m tE `�y a L --4582 adopted re 4oint action with Costa Mesa re eservo riroject< R -4583 authorizing execution of Con- sent to Sublease Ne port Ba Company to At antic Lake Insurance omnanv. R -4584. Res. of In- Acc Lance of low og-.n o o eo Ro s or Police Depart ment replacement. Authorization to proceed with plans re insta at on of dial to eDfione system. PB &R letter re tree a tting an Tract Recommendation of 1.ABEK re Tentative lract Map No, 2, �4 p ��§ b PB&R letter re The Clerk presented a letter containing the recommendations regarding camp firy areas the establishment of camp fire areas in the City, and a proposed change in an Proposed c and Section 3112 of the Municipal Code, submitted by the Parks, Beaches and nn ecS tion 3112 of Recreation Commission. On, motion of Councilman Wilder, seconded by t e o e. Councilman Hart and carried, the discussion of this matter was continued to the next regular Council meeting on January 14, 1957. Authorization of The City Manager read the report from the City Attorney regarding the refund of ee to request of Secrest and Fish, Inc., for the refund of a building permit Secrest an zs fee, in view of the recent Supreme Court decision. On motion of Council - nc./ man Wilder, seconded by Councilman Higbie and carried, the recommendation of the City Attorney to refund the fee of $273, paid under protest by Secrest and Fish, Inc., was accepted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof Re Possible changes The City Attorney agreed to study the matter of whether or not in u Iding changes should be made in the Municipal Code to have our building re u at ons in regulations coincide with State regulations in connection with the re sc ools. construction of school buildings by school districts. The Clerk read a letter from the Monterey Oil Company, requesting that the City grant Monterey Oil Company and Humble Oil Company, per- mission to use the DeLong barge for core drilling and other exploratory operations in the offshore area covered by the Monterey Oil Company contract. Councilman MacKay moved that the request of the Monterey Oil Company be granted, since the Technical Oil Advisory Committee had recommended granting the request. A discussion was held. Mr. E. E. Pyles spoke from the audience on behalf of the Monterey Oil Company. Mrs. Duncan Stewart spoke from the audience, protesting the granting of the request as did Mr. Arthur Cubbage and Mr. Edward Healy. Council- man MacKay again moved that the request of the Monterey Oil Company be granted. Councilman Wilder seconded the motion. The motion lost, and the request was denied by the following roll call vote, to wit: AYES, COUNCILMEN: Wilder, MacKay NOES, COUNCILMEN: Hart, Stoddard, Higbie, Hill ABSENT, COUNCILMEN: Ridderhof Request of MMonterev A second letter from the Monterey Oil Company requesting permission Oil Compari to use to use the City -owned pier for the purpose.of boarding boats to transport �owne pJ_ personnel to the offshore Monterey Oil Company operations was presented. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the request was denied by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Hill NOES, COUNCILMEN: Wilder ABSENT, COUNCILMEN: Ridderhof Councilman Higbie was excused from the meeting at this time. Councilman Stoddard reopened the discussion on the request of Landmark Development Corp., Inc., for annexation to the Costa Mesa Sanitary District, which discussion had been continued from earlier in the meeting. It was brought out that even though the situation would create certain inequities in taxes, it seemed that the only course to pursue at this time was to agree that the Costa Mesa Sanitary District should proceed with the annexation of the property involved. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said concurrence was recorded. Claim for Dam�ay_ess The Clerk read the alleged Claim for Damages of the Pacific Telephone or TeYeiTlone and Telegraph Company, against the City of Newport Beach, in the amount of an Te egrap Co. $800, for a loss alleged to have been sustained on November 1, 1956, by the cutting of the underground cable during the operations preparatory to placing a new valve by the City of Newport Beach Water Department. Said claim was received by the Clerk on December 20, 1956. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said alleged claim was denied, and the City Clerk's action in referring the matter to the insurance carriers, was confirmed. Authorization given The City Manager requested authorization to prepare a contract with to re are a con- Stone & Youngberg, for financial consulting in connection with the proposed tract wgt tone & reservoir project. On motion of Councilman Hart, seconded by Councilman oung erg. Stoddard and carried, the City ;Manager and the City Attorney were authorized to draw up a contract with Stone & Youngberg for presentation on January 14, 1957. Approval given to amena ru es re mon�t _�_meetin date of the C vi Service Toagd. Applications for Variance. The Clerk read a letter from Edward T. Healy, Chairman of the Civil Service Board, recommending that the Civil Service rules and regulations be amended in order that the regular monthly meeting of the Civil Service Board shall be held on the first Monday of each month at 7:30 P.M., in the City Hall Council Chambers. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said recommendation was approved. ZONING On motion of Councilman MacKay, seconded by Councilman Hart and carried, the following Applications for Variance were granted, as recommended and conditioned by the Planning Commission: No. 325 - Harry M. Kelso, 1231 Dolphin Terrace, Harr M, Kelso, Corona del Mar, Lot 3, Tract 2334, No. J25. Zone R -1, for construction of a swimming pool on front one -half of the lot. Approved by the Planning Commission,.subyect to the condition ' that a 6' fence be erected between the setback line and the swimming pool. No. 330 - Earl F. Chamberlain and Harold Hetrick, Earl F. Chamberlain 600 and 602 Iris Avenue, Corona del Mar, and Harold Hetrick, Lots 2 and 4, Block 636, Tract Corona o. del Mar, Zone R -2, for waiver of front yard setback to permit construction of building on rear of lot. Approved by the Planning Commission. No. 331 - R. B. and Gladys L. McRae, 725 St. James R. B. and Glad s Road, Newport Beach, Lot 14, Tract No. L. McRae, 1218, Zone R =1, for an encroachment of 2' into a required front yard setback of 20' to allow for extension of garage. Approved by the Planning Commission. Application for Variance No. 329, Stuart Babcock, 213 Via Lido Stuart Babcock, Soud, Lido Isle, Lot 889 and one -half of Lot 888, Tract 907, Zone R -1, No. 2 . for an encroachment of 3'6" into front yard setback to allow for extension of eave overhang only, having been denied by the Planning Commission, was denied on motion of Councilman Hart, seconded by Councilman MacKay and carried. On motion of Councilman MacKay, seconded by Councilman Hart and Resubdivisions. carried, the following Resubdivisions were granted, conditioned as ' recommended by the Planning Commission: No. 41 - George A. Pettengill, 1520 Tustin Avenue, G. A. Pettengill, Newport Beach, Lot 47, Newport Heights, WK. 41, Zone "Unclassified ", creation of four R -4 building sites. Approved by the Planning Commission with the stipulation that the parcel be divided into two equal parts facing Tustin Avenue. No. 42 - Mary J. Sheeley and Hannah Gillis, 500 Margr J. Sheeley Santa Ana Avenue, Lot 1 and Lot 2, Block and anI nah-Giglis, 32, First Addition to Newport Heights, No. 42. � Zone R -1, creation of two building sites. Approved by the Planning Commission. No. 43 - Minot E. and Anna M. Butler, 212 - 19th Minot E. and Anna Street, Newport Beach Lots 3 and 4, iVl. 33ut er, No, Block 218, Section "B ", Zone R -4, re- alignment of property lines. Approved by the Planning Commission, No. 44 "- George Hoag, 1I, 2258 Channel Road, George Hoag, No. Balboa, Lots 9, 10, and 11, Block P, Tract 518, Zone Rol, for creation of two large lots out of three small lots. Approved by the Planning Commission. ' Ordinance No. 806, being Ordinance No. 806 presented. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 9105.1(£) OF CHAPTER 5 Re munici a1 aTci <- OF ARTICLE IX OF THE MUNICIPAL CODE OF THE ing ot. CITY OF NEWPORT BEACH, (to include municipally operated parking lot), was presented. On Set �forpublic motion of Councilman Hart, seconded by Councilman MacKay and hearing on January carried, the first reading of said ordinance was waived. OnLCs; L9 motion of Councilman Stoddard, seconded by Councilman Hart and carried, Ordinance No. 806 was passed to second reading and set for public hearing on January 14, 1957, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof, Higbie Ordinance No. 807, being Ordinance No. 807. AN ORDINANCE CHANGING THE ZONING OF Changin zonin of CERTAIN REAL PROPERTY IN THE CITY Tract No. 0 to OF NEWPORT BEACH, - -B. changing zoning in Tract No. 3068, from "U" to R -1 -B, was presented. Set for public On motion of Councilman MacKay, seconded by Councilman Wilder and hearing on Jannuar carried, the first reading of said ordinance was waived. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, Ordinance No. 807 was passed to second reading and set for public hearing on January 14, 1957, by the following roll call vote, to wit: Adjournment . Regular session. Roll call. Adjournment. AYES, COUNCILMEN: Hart, Wilder, MacKay,- Stoddard, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Ridderhof, Higbie On motion of Councilman Stoddard, seconded =by Councilman Wilder and carried, the meeting was adjourned sine die. ATTEST: M city Cieftk 5c. ayor December 24, 1956 The City Council of the City of Newport Beach met in regular session at the hour of 7:30 P.M., in the Council Chambers of the Newport Beach City Hall. The roll was called; no members answered present. In the absence of a quorum, the City Clerk adjourned the meeting. ATTEST: h" 5 , city Clerk January 14, 1957 Regular session. The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. Roll call. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Approval of On motion of Councilman Ridderhof, seconded by Councilman MacKay and Mutes. carried, the reading of the minutes of December 21, 1956, and December 24, 1956, was waived,7and they were approved as written and ordered filed. The Mayor announced that the hour of 7:30 P.M. having arrived, this was the time and place for persons owning real property within the proposed "Superior Avenue Annex" to protest said annexation. Mr. Stanley A. Barker, Attorney representing Helipot Corporation, spoke from the audience and stated that the protest of Helipot Corporation was in the hands of the City Clerk. Mr. Barker further stated that the filing of the protest represented what was deemed to be necessary in view of the lack of a legal alternative to do otherwise, but that it did not represent the personal desires of the corporation. The City Clerk read said protest. Mr. Butts smoke Mr. Donald Butts, an owner of property in the proposed annexation, or$ annexation. spoke from the audience on behalf of the said annexation. Hearing closed. No further persons wished to speak, and, on motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the hearing was closed. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the Council found that the protest received was made by owners of less than one -half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll, as of the first Monday of March, 1956. R -4586 adopted, On motion of Councilman MacKay, seconded by Councilman Ridderhof and caa i- g�pe_cial carried, Resolution No. 4586, being a resolution calling for a special e ecttion to be election to be held on the 26th day of March, 1957, pertaining to the -held annexation of "Superior Avenue Annex" to the City of Newport Beach, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 1 1 1