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HomeMy WebLinkAbout03/30/1959 - Adjourned Regular MeetingCITY OF NEWPORT BEACH Page 182 - Volume 12 ; Minutes of ADJOURNED REGULAR MEETING OF THE.CITY COUNCIL ;Date of Meeting: March 30, 1959 ;Time of Meeting: 7:30 P.M. ez ' f Mg � Council Chambers COUNCILMEN. -- - -�� -g -- - -- --- -- ------- ------------------------- ;y^ ; Roll Call: ;----- - - - --; ; Present -.-- -r ;x ;x ;x; Consideration of the-contractural relationship ; ; ;with.Moiiterey Oil Company was postponed until World Championships, expressing appreciation Pub Heari, later in the meeting. ; ing rrep9 ; ; ; debt The Mayor opened the hearing, which had been con- Motion ; for imprdveinued from March 9, 1959, until this time and the debt; World Championships. ;A1T meats in; place, for protests to be heard regarding A letter was presented from Robert A. Geier Margaret; report for improvements in.Margarst Drive and ; ; 1. Drive ;Irvine Avenue. Said hearing was continued to. ; Motion CA -29 ;7:30 P.M on April 6, 1959. !All Ayes; COMMUNICATIONS: , 1959 Staff lo. Class Wos;ld Championship CA -49 ; , , f ' 4 ; �2 Signal 0i1 . & Gas ; Refinery; CA-1051 1 „ A letter was ordered filed from Robert M. ; Allan, Jr., Acting General Chairman, Star World Championships, expressing appreciation for the'cooperation and support given by the ; ; ; City of Newport Beach to the 1959 Star Class Motion ;x World Championships. ;A1T Ayes; A letter was presented from Robert A. Geier end 1 1 1. Associates enumerating the purported ad- vantages to having the Signal Oil and Gas. Company place a new refinery in the Coastal area of Orange County. Said letter was ordered filed and it was directed that of''the Minute Resolution adopted_by th e ' 1 1 a copy ACouncil.,on February 9, 1959, be sent to Robert A. Geier and Associates®. ;All Ayes, ; 3. A letter was ordered filed from the City of ; Fountain Valley enclosing a resolution adopted[ ' -by ,said City.requesting that the Signal Oil ' and Gas Company locate their proposed refinery; Motion ; ''x; ,outside the Harbor area. ;All Ayes; 1 ; , 1 1 � , 1 Protest* 4, A letter from Mrs. H. Ivan Barnes, 315 ; Library ; Driftwood Road, Corona del Mar, protesting the; b ; location of the library in Irvine Terrace Park; ; CA ;65 rather than on Marigold, was ordered filed wit4' Motion ;x; ; other correspondence on the subject. ;All Ayes; Protesting 5. A copy of a letter from Clarence Herbert to retaining Mr. Robert A. Glenn, Director of Building and ; wall on , rotesting construction of a retaining; ; Ocean View wall, i g up the ground behind it, and Avenue ; the installation of a fence on top of the CA -100 ; wall, at 247 Ocean View Avenue, was presented:.; ; The City Manager said the matter would be reviewed by the Planning Commission. Said ; Motion ;x: letter was ordered filed. !All Ayes: ' , 1 Protestin;g6. A letter from H. G. Kimball protesting the re -; ; rental I quirement that an owner of three or more license j dwelling units, two of which are rentals, fees must obtain a business license and pay a fee CA -63 ; therefor, was presented. It was directed that; the letter be filed, and that the City Clerk advise Mr. KiWMIL that the City. Council has Motion , , taken the matter under considersti@ft. All Ayes! , I , 7. -The resignation of Aust i D St t® asst, as a Resignatibn ; member of the Planning ommas n A.D. Stux"tevant Planning; ATTEST: mayor ; Commissi ' CA -40 c- ity e c Page 182 , x�x ; , , , , ; ; 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , , 1 , 1 , , , , 1 1 , 1 , 1 ; , ; , 1 , , , , , , , , 1 , , , , , 1 1 , , , , 1 1 , , , , , ; , , CITY OF NEWPORT BEACH., Page 183 - Volume ; 1 _Aex ;(March 30, 1959) COUNCILMEN ------------------------•----------- sensed ar- ccepted:with regret, and it was directed -h-E a letter of commendation be sent: to Mr. Sturtevant for his services on the Planning Commission and that a Certificate of Motion ;x, Appreciation be forwarded to him. 'All Ayes: pnteirnatin$; A letter was resented from Mr. p Jack Barnett, u1 Geophy$ic Secretary- Manager of the Newport Harbor Chamber. I „ o investl= of Commerce, which states than the Internationel I ' -AVP noxious Ge0 h sics Inc. of Ne ort: Beach under the does in ; direction of Dr.JAkdsky, President of said ; Newport organization, and Mr. Herb._,Parker of said CA -131 Chamber of Commerce, offers its services for I the,Iurpose of maki4,,'-4 preliminary survey of ' the.,. est Newport Beach' ;area in order to arrive! at the cause of .noxious odors plaguing the residents there. Mr3 ,Barnett spoke from the The Cit" Manager was instructed to audience. pp , confer with Dr. Jakosky on this matter and to ; Motion :x; advise the Council further. All Ayes;.' ., 9. The City Manager presented a'letter addressed. to the Council from Monte R, Grimes, President; Pstrooms: of the Balboa Improvement Association, 1 in Washing- purporting to bear the endorsement of eighty - I : Lun & Bay, seven businessmen or residents of Balboa, re- "-venues ; uesting that the restroo ms• on the corner of CA -38 ; Washington Street. and Bay Avenue be repaired CA -60 ; and maintained through this summer season and,* , in the fall, modern restrooms be constructed in the vicinity. The City Manager also pre- sented a letter from Mr. Jack Barnett, the Secretary- Manager of the Newport Harbor ; Chamber of Commerce, to the City Manager, making a similar request. Mr. Monte Grimes spoke from the audience. After'discus.sion, the following committee was appointed to investigate and report regarding the matter: ; Councilman Somers, Chairman,Monte R. Grimes , , Donald A. Gunderson, and City Manager Robert Ho I tion .x. ' Shelton. ;All Ayes; ; ' 10. Instructions were given that the Council be ; furnished, at the earliest moment, with a ; Motion xi ; 'port on written report on the structural condition of Ayes x,x;x x:x,x ity- owned every City -owned building. ; Noes ;x: ; _• ; ldings, CA -3S ;ADDITIONAL BUSINESS: ' signboard$ 1. Consideration was given to the proposed contra st City ; with Costa Mesa and the Chambers of Commerce ; zntrance ' regarding signboards at the'entrances to the CA -19 City of Costa Mesa and the City of Newport Beach. The request of the Chamber of Commerce: was approved in principle and the matter was continued to April 6, 1956, pending. the working out of details with the City Attorneys: Motion and the other people involved. :All Ayes. K 4957 Ls� 2. After discussion, Resolution No. 4957, author -1 ,rant Howsld izing and instructing the.Mayor and City Clerk: arK:Site; to execute a Lease and 0-tion agrewmt with Motion 1 ;x; The Irvine Company for a 4407 ores known :Roll Cal:;: ; as Grant Howald Park si e, was do d. Ayes ;s;x ;x:x :xk :x -605 ATTEST: vor City C er C Page 183 CITY OF NEWPORT BEACH COUNCILMEN Page 184 - Volube 12 - - - -- s�0 . %-- 8z_ ! i rch 30 1959 c` ?--- __�____- _- __-- 9- - - - - -- ---- -- -- - - ---- -yc°�F9�o -ir- ;3. Considerar� -in of the proposed ordinance amend - ; ; ; Close -oui ing the bankruptcy and close -out sales portion Sales I of the business license ordinance, which had CA -63 ; been diaried for March 30 was continued for CA -57 ; discussion at the adjourned meeting to be held ;Motion :x; April 6, 1959. All Ayes ; Pathway :4. The City Clerk read a letter from the Parks, !. in CdM 1 Beaches and Recreation Commission stating that CA -78 a study session, to be held April 7, 1959 by said Commission, has been scheduled to I consider the proposed pathway for access to the easterly end of the Corona del Mar main beach. After discussion, the Public Works Director was instructed to obtain informal bids; 1 on the cost of constructing the pathway shown on the present Master Plan and to report back ;Motion x' to the Council All Ayes 5.. The City Manager reported that he would not recommend the construction of the proposed fence at the Balboa Pier. He stated that he Balboa had received a letter from the Balboa Improve - Pier Fende ment Association opposing the proposed fence. ' CA 741 It was directed that the letter be filed and 1 ' that the report of the City Manager be !Motion I ' � �x accepted. ,, All Ayes Initiativ6. The Clerk stated that 75 initiative petitions, Petitions, alleged to bear more than 3000 signatures, had ; been received on March 26th, and that the signatures would be checked. ; Monterey;7. The Mayor declared a recess at this time for Oil Co. an Attorney-Council conference regarding the default contractural relationship of the City with in contract Monterey Oil Company. in re to; drilling ;The meeting reconvened upon the request of Mayor ; ,Stoddard. 'Roll Call: : ' ' , Presea�t ,'x ,x :x;x :x C. =595 The Mayor stated that the meeting this evening was j being held primarily for the reason that the :.period was running, after a twenty -day period had ! ' !expired, in which the City had notified the ; Monterey Oil Company that it was in default of its contract in respect to drilling, and to consider ;whether or not the Council desired to exercise its !option to terminate in accordance with Section 2 :of Article XXV of the contract. Mr. E. E. Pyles, Vice President of the Monterey Oil Company, and !Mr. Martin Ni Erck, Secretary and Attorney for the ; :Monterey Oil Company, spoke from the audience. Mr.; Erck stated that his company did not believe that :it was in default of the contract and that, after ;receiving the notice from the City alleging a :default, the Monterey Oil Company had then sent :the City Notice of Partial Termination of Contract.: :He- 'further stated that bis. company desired ;additional time, in view bf the difference of :opinion as to the interpretati n of the contract, 1 to explore the rights of 'the p rties; the :Monterey was acting in good f ith a w be ; ATTEST: mayor; Page 184 CITY OF NEWPORT BEACH COUNCILMEN Page 185 Volume 12 - - - -- ,s ex ' -- ` O i - ` -°SMarch 30 - -9-59- __ -- -� - - .- -- -`- ----- -------- ---- ^-- -- --- -- -- --- willing - - o - to m any adjustments of the'timetable, :which was rut_ni.ig, to have a meeting of. he minds;; and that the other course open to Monterey would ;be to have the matter go to arbitration. Mr. Pyles stated that they would be willing to stipulate that the City would not lose any rights if it took six months to take action. ; I I I A discussion ensued. Councilman Hart made a j Motion ;x !motion that the City Manager be instructed to ; ; exercise the option of the City to terminate the Tights and privileges of the contract as prescribe¢ ' in the contract between the Monterey Oil Company, 1 I , Humble Oil & Refining Company, and the City of Newport Beach in Article XXV. After further dis- cussion, ; Pacific 1 a roil call vote was taken, and Council- ;Roll Calla; View Dr ; man Hart's motion carried unanimously. Ayes ;x;x;x;x;x;x;x Plans & , specs 8. Approval was given to the plans and specifi- cations for the construction of the road to ; the Reservoir, Pacific View Drive, and the City Clerk was authorized to advertise for C =611 bids to be received in her office at 10:30 A. M. on April 23, 1959. ; ; ; ; 9. The meeting was adjourned to 4 :00 P.M. on April 6, 1959, at 806 East Onean Front, Balboa, the site of buildings declared unsafe I Mntion by the Building Department. :All Ayes, I 1 1 I 1 I I 1 i , 1 1 11, I / 1 I 1 I + 1 1 1 1 1 1 1 + + 1 1 + I I I 1 I 11 I+ I 1 I I I + 1 1+ I 1 I 1 I I + 1 1 1 1 1 I 1 1 1 1 I + ATTEST: yor , hn , lyUl pa90 185 I I I I I 1 1 1 1 I I I I I I I