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HomeMy WebLinkAbout10/24/1958 - Adjourned Regular MeetingDr. J. J. ; 1. Albarian Claim for ; alleged ; damages ; CA -84 Mrs. G. H.; 2. Jones Claim for ; all^ ed , dam, s ; CA -84 ; 1 Complaint 3. re trash & garbage collectionn CA -72 ; W.H. Miln ; 4. requesting info of trash collectior4 service ; cha725. , , , Ltr from ; M.P Gilliland protesting invasion df privacy ; on bay frclnt property ; CA-35 ' Notice of; 6• Procedure; re Public; Utilities; V sio* , Ca'se"wo. ; 6161 ; CA 36 ' The claim of Dr. J. J. Albarian in the amount: ; I of $1591.09, for alleged damages resulting from a water pipe breaking at Fifth and Goldenrod, Corona del Mar, on July 1, 19582 ; and flooding the immediate area, was pre- sented. Said claim was denied and the action: ; of the City Clerk, in referring the matter to! the City's former insurance carriers, Motion 'x; Anderson, Anich, Parker & Torre, was con- Second: ! Ix firmed. ; All Aye$ + The claim in the amount of $500 of Mrs. ; George H. Jones for alleged damages and injuries sustained by her minor child, Patricia Nan Jones, on July 21, 1958, when a City rubbish truck passed over the left foot of said minor who was standing partially on ; the adjoining seawall, at South Bay Front near Topaz, Balboa Island, was presented. Said claim was denied and the action of the City Clerk, in referring the matter to the Motionlxl City's former insurance carriers, Anderson, Second; ;x; Anich, Parker & Torre, was confirmed. All Ayes A letter from H. M. Adie, 2500 Holly Lane, Newport Beach, containing a complaint re- Motion. ;c; ; garding trash and garbage collection service, Second) ; ;xl was referred to the City Manager for reply. All Ayesl :1 The City Clerk read a letter from W. H. Miln requesting information as to trash collection Motion ; ;x ; service charges. Said letter was referred to Second+ ;xt i the City Manager for reply. All Ayes: The Clerk read a letter from Margaret P. Gilliland, 1134 East Balboa Boulevard, Balboa,: 1 ' requesting that some arrangement be made to protect bay front property owners from having grivacy taken away from them, stating that 'if the streetends are to be used as public ; bathing beaches, there should be no mooring on these streetends.'° In this connection, on October 14, 1958, a letter was taken under advisement from Roy S. Kellogg, 1125 East ; Balboa Boulevard. Councilman Somers stated that he had investigated this problem. The 1 requests were referred to the Parks, Beaches and Recreation Commission for investigation and report back to the City Council; the ; Motion; ix; ' City Clerk was instructed to so advise Mrs. ; Second; ; :x: Gilliland and Mr. Kellogg. ;All Ayes; ; A Notice of Procedure to be used at hearings regarding the matter before the Public Utilities Commission of the State of ; California, Case No. 6161, investigation for the purpose of establishing a list for the ; year 1959 of railroad grade crossings of city; Motion; ' streets or county roads most urgently in need; Second ac of separation, was prdered f ;ATTEST: Page 71 All Ayes! fit , ;x , „ „ „ „ CITY OF NEWPORT BEACH COUNCILMEN Page 71 - Volume 12 "'-'-"-'--- Minutes of ADJOURNED REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: October 24 1958 No Time of Meeting: Place of Meeting__ 7:30 P;M Council Chambers y� �0�,�.�pr�" :lndeX --- '- Roll Call: Presentix;x;x; :x;x;x 1 Absent ; :x, ' COMMUNICATIONS: f ' Dr. J. J. ; 1. Albarian Claim for ; alleged ; damages ; CA -84 Mrs. G. H.; 2. Jones Claim for ; all^ ed , dam, s ; CA -84 ; 1 Complaint 3. re trash & garbage collectionn CA -72 ; W.H. Miln ; 4. requesting info of trash collectior4 service ; cha725. , , , Ltr from ; M.P Gilliland protesting invasion df privacy ; on bay frclnt property ; CA-35 ' Notice of; 6• Procedure; re Public; Utilities; V sio* , Ca'se"wo. ; 6161 ; CA 36 ' The claim of Dr. J. J. Albarian in the amount: ; I of $1591.09, for alleged damages resulting from a water pipe breaking at Fifth and Goldenrod, Corona del Mar, on July 1, 19582 ; and flooding the immediate area, was pre- sented. Said claim was denied and the action: ; of the City Clerk, in referring the matter to! the City's former insurance carriers, Motion 'x; Anderson, Anich, Parker & Torre, was con- Second: ! Ix firmed. ; All Aye$ + The claim in the amount of $500 of Mrs. ; George H. Jones for alleged damages and injuries sustained by her minor child, Patricia Nan Jones, on July 21, 1958, when a City rubbish truck passed over the left foot of said minor who was standing partially on ; the adjoining seawall, at South Bay Front near Topaz, Balboa Island, was presented. Said claim was denied and the action of the City Clerk, in referring the matter to the Motionlxl City's former insurance carriers, Anderson, Second; ;x; Anich, Parker & Torre, was confirmed. All Ayes A letter from H. M. Adie, 2500 Holly Lane, Newport Beach, containing a complaint re- Motion. ;c; ; garding trash and garbage collection service, Second) ; ;xl was referred to the City Manager for reply. All Ayesl :1 The City Clerk read a letter from W. H. Miln requesting information as to trash collection Motion ; ;x ; service charges. Said letter was referred to Second+ ;xt i the City Manager for reply. All Ayes: The Clerk read a letter from Margaret P. Gilliland, 1134 East Balboa Boulevard, Balboa,: 1 ' requesting that some arrangement be made to protect bay front property owners from having grivacy taken away from them, stating that 'if the streetends are to be used as public ; bathing beaches, there should be no mooring on these streetends.'° In this connection, on October 14, 1958, a letter was taken under advisement from Roy S. Kellogg, 1125 East ; Balboa Boulevard. Councilman Somers stated that he had investigated this problem. The 1 requests were referred to the Parks, Beaches and Recreation Commission for investigation and report back to the City Council; the ; Motion; ix; ' City Clerk was instructed to so advise Mrs. ; Second; ; :x: Gilliland and Mr. Kellogg. ;All Ayes; ; A Notice of Procedure to be used at hearings regarding the matter before the Public Utilities Commission of the State of ; California, Case No. 6161, investigation for the purpose of establishing a list for the ; year 1959 of railroad grade crossings of city; Motion; ' streets or county roads most urgently in need; Second ac of separation, was prdered f ;ATTEST: Page 71 All Ayes! fit , ;x , „ „ „ „ CITY OF NEWPORT BEACH COUNCILMEN Page 72 - Volume 12 --- --------------------------------------------------------- ?adez October 24 195 9Pa�2�`PAS���i,F9Po -- �-- -, -- - - - - -- 7. Two excerpts from the minutes of the Boundary Bristol Commission of Orange County, putting the City AnnexatioI of Newport Beach on notice of the proposed No. 2 & Bristol Annexation No. 2 and the proposed Fairlane Fairlane Annexation to the City of Costa Mesa, Motion Annexatioo were referred to the Planning Commission for Second ; ; :x� to Costa ; its information. The Public Works Director ;Ali Ayes; commented that these areas were entirely with Mesa 108in the territory of the City of Costa Mesa. A.D. 8. The Clerk read a letter, which was referred Sturtevant to the City Manager for reply, from Austin D. ; Motion ; ;x. ; re parkin Sturtevant regarding a penalty received for ; Second ; ; X violation violation of an ordinance regulating parking. ;All Ayes; � , CA -22 Report on 9. A progress report on "Fly Control in Orange Motion ; i ix; fly control County," prepared by the County of Orange ; Second ; ; ;x in Oranges Health Department, was ordered filed. :All Ayes; County /EGA -53 LICENSES: 1 The following Applications for License were Motion ; ;x; approved: Second ; ;x; ; Li cen s ; !All Ayes: ; EMS 1. License of Michael G. Gillespie, dba Newport M. G. ; Harbor Ambulance Service 320 -B North Newport Gillespie Boulevard, Newport Beach, to conduct the , business of ambulance service and sickroom supplies on 24 -hour a day call. S.W.SmiA 2. Exempt License of Mr. Shirley Wallace Smith, Salvation representative of the Salvation Army Mens' Army Men';s Social Service Department, for house to house ; ; Social ; soliciting to pick up discarded clothing, Service ; household appliances and salvagable material Dept. Lby Salvation Army, 1370 Alamitos Avenue... . AmbulaqcRayor Stoddard reported on ambulance service in Servicq the City of Newport Beach. The following people A- 1110in the audience participated in the discussion: : Michael G. Gillespie, David Gardner and John : Vogel. ADDITIONAL BUSINESS: 1. CITY -OWNED PROPERTY: Water : The Public Works Director recommended that bearing : the City take steps to acquire additional ' property; water bearing properties, as recommended by ' in NB CA -38 ,� James M. Montgomery, Consulting Engineer. Mr. Pat Patterson spoke from the audience stating that the City should not sell its water bearing properties, if the City would lose any of its rights to produce water from the basin, unless the City acquired other or better water bearing properties. It was the consensus of the Council that each member of the Council should participate as a member of a committee to investigate various parcels of water bearing land available for purchase. Mayor Stoddard declared a h determine whether/de-�tain c ;ATTEST: Page 72 to CITY OF NEWPORT BEACH I I I I ties might be declare for sale. I I Page 73 - Volume 12 ------------------ - - - - -- surplus and available COUNCILMEN a I ; I I; I I I Discussion Councilman Hart read four letters from.:Matt re City ; LaBorde, President of the Newport Harbor Owned ; Board of Realtors, setting forth the follow- Property ; ing evaluations of city -owned properties: 1 I I CA -38 The 88 acres at the southeast corner of I I Adams and Wright, current market value ; approximately $4,000 per acre or $352,000 total; the 4.8 acres on the east side of Bushard, south of Hamilton, current market I value approximately $15,000 (assuming that ' the domestic water now being supplied is cen -: tinned) the value without domestic water 1 supplied, would diminish to approximately $11,000; the three vacant lets an 54th ; I Street between Neptune and River Avenue, as a unit market value $25,000. The City ; I \ ; Attorney recommended that action be withheld ' in regard to the River Avenue lots until the subdivision is complete; Lots 9 and 11, Block; 440 Corona del Mar, market value $8,000 each, I or h6,000 for both. 1 I The four letters from the Newport Harbor Board of Realtors 'were ordered filed and ; Motion. x ' ' Mayor Stoddard was requested to forward a ' Second: ;x letter of appreciation to said Board. All Ayes; R 4875 Resolution No. 4875, being a Resolution declaring; declaring Lots 9 and.11 of Block 440, Corona CdM lots ; del Mar, to be surplus property; authorizing for sale ; its sale and setting out the procedure for Motion: ;x; CA -38 ; its sale; authorizing the receipt of sealed Second: ; ; : ;x; ; bids to be opened at 7:30 P.M. at a City Roll Cal :; ; : ; Council be held 24, I meeting to November 1958; Ayes 1x;x;x ;x,x x was adopted. Absent ; ; 1x! 1 The public hearing was continued on Parcels Motionlx; , I ; 1 and 1 -a and Lot 8 Block 54, River Section, Secondi ;x; 1 to November 10, 1956. :All Ayesi 2. In connection with the requested abandonment Vacation; of a portion of the 10' alley located between: ; of portion 7th and 8th Streets, Balboa Boulevard and of 10' ; Ocean Front, the Clerk read a report to the alley btTh City Council from the City Manager dated 7th & October 14, 1958, numbered 58 -59 -6, recom- 8th Streets mending that the Council not institute pro- CA -14 ceedings to vacate the subject portion of the alley. The following people spoke from the audience: Mr. Jack McCarthy, Mrs. Ann Neitz and Mr. Joseph Casalla. The report of; Motion; 1x; the C ty Manager was accepted and the request; Second. - for the abandonment was denied. ;All Ayes; ; R 4876 3. Resolution No. 4876, directing that the City's; Annexation proposed petition to the Board of Supervisors; of City of Orange County,for the annexation of the ; owned .Big City -owned Big Canyon Reservoir property, be C on ; submitted to the Secretary of the Boundary ; Motion; :x; Commission of Orange County, authorizing the ; Second;x: I execution of said petition and its filing ;Roll Call:; Reservoir with the Board of Supery ors upon proval by the Boundary Commiss Ayes!x;x;x; ;x;x; x o , was ad ; kbeent: CA -108: ATTEST: Page 73 CITY OF NEWPORT BEACH COUNCILMEN Page 74 Page 74 - Volume 12 ez 4b€x__2$._ J.1SD%---------------- 2`��9`lF�Q `GBi�A .- -- -.,tiles _(9s • 4. - - - - -- ------ - --- - - - - -- The Clerk read her statement as to the suf- - - - -- - ----- - - - - -- -- - - - - - -- ficiency of the signatures on the petitions Petitions; opposing Ordinance No. 855, relating to refuse,: protesting garbage and cuttings, stating that said signs -: Ord. 855 ; tures represent more than 10% of the voters of: CA -72 ; the City. The report of the City Clerk was I accepted and the petitions protesting the Motion! adoption of Ordinance No. 855, were ordered Second; !x; filed. :All Owes, ; 1 ' Mr. Nelson Robinson spoke from the audience. I Petitions; 5. The City Clerk reported as to the sufficiency I I protesting of the signatures on the petitions opposing Ord. 856 ; Ordinance No. 856, relating to sewer fees, CA -32 stating that said signatures represent more than 10% of the voters of the City. Said ; Motion; report was accepted and the petitions were ; Second, ix: ; Ord. 856 ; ordered filed. :All Ayes rescinded: Ordinance No. 856 was rescinded. Motion;x ' Second; ; 'x ;Roll Call: 1 Ayes x;x;x) ;x;x;x Absent 1 ; ; I x; Change 16. The City Manager reviewed the recapitulation { 1 1 I I I Order No.$ of Water Bond 1957 Construction Fund, esti- contract ; mated and actual expenditures. Change Order with N.P.; No. 5, in the amount of $4809.56, Schedule II,! Motion: x; Van Valke4- to the contract with N. P. Van Valkenburgh Co.; Second ; ; ;x; burgh Co ; for pipeline construction, was approved. :All Ayes: Contracts Budget Budget " mendment No. C -3, in the amount of Motion. ;x; Amendment; $111,015, was approved. Secondix; ; I ; C -CA :All Ayes) ; -102 I , ; Petition ;7. The Clerk read a petition from property owners to form ; on Margaret Drive requesting that the City ; Margaret ; Council take the necessary steps to form an Dr .e ; assessment district for street improvement ; , purposes. A discussion ensued, with the •_ following people speaking from the audience: Mr. Nelson Robinson, Mr. John Vogel, Mr. E. Assessment S. Perrin, Mr. J. W. Drawdy, Mrs. Ann Kay. ; District ; Others in the audience protesting said I I I ; i 1 I CA -29 ; petition were: Mrs. Alfred Berg, Mrs. Nelson I , 1 Robinson, Mrs. George Reimer, Mr. Delmar Mangels, Mrs. Kenneth Fowler, Mrs. William ; ; Karges, Mr. C. C. Sheldon, Mr. William Karges.; Motion; 1 I I The subject petition was taken under ad- Second' :x: ; visement. ;All , A es y 1 Mayor Stoddard declared a recess at this time. I I Reimburse; 8, A request from the City Manager, dated October; City Mgr ; 24, 1958, numbered 58 -59 -9, for reimbursement ; for expenbes for business expense in connection with authors ; incurred 'at ized attendance at the International City ; Motion; x; Internatibn Managers' Conference, Dallas, Texas, October ; Second ;x City Mgrs 19 through October 23, was approved. ;All A.yes1 co ferench % -87, 9. The request of Fireman Roy N. Malmestrom for extension of leave of absence without pay to and including November 30, 1958, as a proved ; Motion; ;x; R _1q. upon the recommendatio of the t ager Second; ; ;x. Malmestromn and the Fire Chief. 11 Ayes! ; leave of 1 absence !ATTEST: CA -73 k. e' t „ or Page 74 CITY OF NEWPORT BEACH COUNCILMEN Page 75 - Volume 12 , ' Z ilex _ October 24 195E \�ym�9�° / -- °-------°--------------------------------------------------- 10. The Final Map of Tract No. 2513 9 being a pro -, posed subdivision consisting of 18 lots in ani F3ria1 Map; area westerly along Irvine Avenue between 22d: Motion ;x; j of Tr 251;3 and 23d Streets, was approved and the City Second ; ;x approved Clerk was authorized to sign said map. All Ayes; CA -23 ; ' , R 4877 ; Resolution No. 4877, authorizing the exe- j Motion Agreement cution of an agreement between Dike & Second x for con-: Colegrove, Inc., and the City of Newport ;Roll CalX ' h , struction� Beach, for the construction of improvements ; Ayes ;x:x:x; :x x;x of improve- in Tact No. 2513, was adopted. ; Absent ;x; 1 ; ments in Mfr 2513 1 11. Resolution No. 4878, accepting Grant of ; Motion ;x. ; CA -23 : Easements from The Irvine Company to the City, Second , , .w , R 4878 of Newport Beach, over Lots 3, 4 and 5 of ;Roll Call:; Grant of Tract No. 3232, together with existing ; Ayes ;x:x:x; ;x;x;x Easement pipelines, was adopted. Absent ;x; ; Tr 3232 1 R 4g19s 12. Resolution No. 4879, authorizing the exe- : , , Motion ;x � � ' cution of a contract with Laguna Masonry Second ; - ;x; �xa act Builders, in the amount of $400, for the ;Roll Call:; • demolition of the restroom at Newport Pier, Ayes ;x x;x; ;x;x;x w9.tb Lagu}�a was adopted. ; Absent ; x; Masonr y :13. The recommendation of the Public Works Builders ; Director that the improvements in Tract No. Contracts Sureby bond 3138 as specified in the Pgreement between Edward H. Barker and the City, was accepted Motion :x ; release fbr and the surety bond guaranteeing said im- ; Second ;x; improvements provements was released. ;P.11 Ayes: in Tr 313$ CA -23 :14 Resolution No. 4880 authorizing the exe- ; Motion ;xl .R 4880 cution of a lease by and between the City of Second ;x; Lse for Newport Beach and Helen W. Henger, for office Roll Cal :; 1 City Atty; space for the City Attorney, at 414 - 32d Ayes x;x,xi ;x;x:x office at; Street, was adopted. Absent % ; Ix: ; 32nd Street ' Contrac Budget Lmendment No. C -2, in the amount of Motion 1 ;x; ; Budget Budget $56,000, was approved. Second ; : x; Ame ent 1 pp ; ;All Ayes; 102; 16. Councilman Hart read a report regarding the 1 ' contract under which the Costa Mesa Sanitation District operates refuse Costa Mesa collection service. refuse 17. The meeting was adjourned. Motion ;x; ' collection Second re ; :x retort :All Ayes; ATTEST: yor , , , , , Pago 75