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Home My WebLink About03/05/1934 - Regular Meeting27 Newport Beach, Marco. 5, 1934• The City Council of the City of Newport Beach-met in regular session at the City Council Chambers of the City of Newport Beach at 7:30 o'clock p. m. on above date, with Mayor Hilmer in the Chair. The roll was called showing the full Council present. On motion of Councilman Ellsworth seconded by Councilman ' Gordon and carried, the regular order of business was suspended to enable Mr. Pullen to address the Council in reference to the planting of a plot of palm trees on certain City owned ground fronting on McFadden Place as a Memorial to the Fishermen of Newport Beach. On motion of Councilman Gordon seconded by Councilman Garfield and carried, the Mayor was asked to appoint a committee to confer with the proponents of the plan, whereupon Mayor Hilmer appointed Councilman Claire and Councilman Gordon to act as the Committee. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the regular order of business was resumed. REPORTS OF HEADS OF DEPARTMENTS The report of City Treaaurer was read and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report of the City Treasurerrwas accepted, the reading of other departmental reports dispensed with and ordered filed. REPORTS OF SPECIAL COMMITTEES Councilman Gordon advised that the report on the Corona Del Mar telephone rate situation would be submitted at the next meeting of the Council. REPORTS OF STANDING 00n.ITTEES Councilman Ellsworth, Chairman of the Street Committee, reported on the condition of; .and repairs required for the Balboa pier, and on motion of Counciiirian Ellsworth, seconded by Councilman Claire and carried, the Street Superintendent was instructed to make the necessary repairs consisting of replacing four piles with an approximate cost for material of Two Hundred Dollars. COMIV.UNICATIONS Don P. Smith's application for permission to construct a pleasure pier fronting on Lot 14, Bay Island, was on motion of Councilman Ellsworth,-seconded by Councilman Garfield and carried, laid on the table until the next meeting of the Council, and the City Clerk instructed to advise the Bay Island Club of such action. Robert'B. Honeyilan's application for permission to construct a pleasure pier fronting on parts of Lots 6 & 7, in Tract 756, was on motion of Councilman Ellsworth, seconded by, Councilman Gordon and carried, referred to the City Engineer for report after the customary two weeks. Thomas F. Simpson's application for permission to construct a pier fronting on Lot 20, Block 17, Section 3 Balboa Island, was on motion of Councilman Ellsworth seconded by Councilman Claire and carried, referred to the City Engineer for report after the customary two weeks. ' An application for permission to construct an addition shoreward to an existing pier was presented by Percy J. Wilson, and on motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the matter was referred to City Engineer Patterson for approval. ii. R. McCoy's application for permission to conduct a boat rental business at Montero• Street and Bay Front, East Newport, was on motion of Councilman Gordon, seconded by Councilman Ellsworth and carried, denied due to adverse zoning restrictions in that district. Valdemar Sorenson in a letter to the Council requested an extension of his lease on the Balboa pier for an additional three years in order to obtain possible compensation for contemplated improvements by him, and on motion of Councilman Ellsworth, seconded by Councilman Gordon, a resolution was introduced authorizing the Mayor and City Clerk to sign a new lease on behalf of the City granting to Valdemar Sorenson the three year tenenacy. The resolution was read, considered, designated Resolution No. 811 and passed by the following roll call vote, to-wit: AYES, COUNCILMEN: Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES, COUNICILMEN: None. ABSENT, COUNCILMEN: None. W. T. Ohowell, in a letter to the Council asked for the donation of material with which to surface a horseshoe pitching and croquet court located in Block 22, Newport Beach, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the Mayor was instructed to appoint a committee with power to act, to confer with the applicant, whereupon Mayor Hilmer named Councilman Ellsworth and Councilman Garfield as the Committee. A petition presented by Harry Clouse and others asked for permission to establish a horseshoe pitching court on a portion of City owned property adjacent to McFadden Place, Newport Beach, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the matter was referred to the committee consisting of Councilmen Ellsworth and Garfield, appointed by the Mayor to consider the horseshoe pitching court in connection with the Ohowell application. Hal Will Smith's letter to the Council regarding mosquito abatement work 'in the Balboa Island district was read, and on motion of Councilman Garfield, seconded by Councilman Gordon and carried, the letter was ordered filed. A. H. Hall, Chairman of the "Corsair Boat Club" racing committee asked for permission to stage runabout races in the North Channel of the Bay, sometime in April or later, and on motion of Councilman Gordon, seconded by Councilman Claire and carried, the City Clerk was instructed to inform Mr. Hall to take the matter up with some local organization for presentation to the Council in order to avoid any confliction of racing dates. James H. Keeley presented an offer of $176.00 for Lot 9, Block 9, Section 2 Balboa Island, being one of the lots previously advertised for sale by the City, and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the offer was rejected, the letter ordered filed and the City Clerk instructed to advise Mr. Keeley of the Council's action and refund the money accompanying the bid. The Corona del Mar Property Owner's Association presented a protest to the Council against any further filling in of the beach easterly of the East Jetty from material deposited by the proposed dredging of the Bay, until the title to said beach had been acquired by the City of Newport Beach, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the matter was referred to City Attorney Thompson for report. A claim against the City was filed by Attorney Joseph Scott for alleged damages suffered by his client Ella R. Doherty, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the matter was referred to City Attorney Thompson. UNFINISHED BUSINESS The Mayor announced that this is the time for considering the vactaion of Bay Avenue. The City Attorney advised that in the event protests or objections had been properly filed, that the Council is required at this meeting to fix a time for hearing of same. The Clerk announced that he had before him two protests or objections signed by various persons which had been filed this date. These protests were discussed by the Council and Mr. Summers addressed the Council in support of the protests. The City Attorney then advised the Council that inasmuch as the protests had not been filed within the time required by law, that the same could not be considered as legal protests. It was moved by Councilman Ellsworth, seconded by Councilman Gordon and carried that further consideration of the vacating of Bay Avenue under Resolution of Intention No. $07 be continued until the next regular meeting of the Council to be held April 2, 1934, and that the City Clerk be instructed to notify all persons who filed protests that the matter had been continued to April 2nd, at which time the Council would hear anyone wishing to speak for or against the proposed vacation. 29 The application for permission to construct piers and slips by Reuben Cole of Tract No. 919 and of A. W. Burns of the same district, both applications having been approved by the City Engineer, were on motion of Councilman Claire, seconded by Councilman Garfield and carried, allowed. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, an ordinance amending Section 45 of Ordinance No. 393 which would prohibit the licensing of shooting galleries in the City of Newport Beach, was passed to a second reading. Russell Norton of Balboa Island addressed the Council relative ' to the removal of certain buildings located on Marine Avenue between Park and Balboa Avenues, and asked the Council to take the necessary steps to have the buildings moved to the proper setback lines, and on motion of Councilman Gordon,'seconded by Councilman Garfield and carried the Street Superintendent was instructed to give the owners Tf said buildings a resonaDle time in which to comply with the k Council's instructions. New Business City Attorney Thompson presented a written communication to the Council relative to disposal of the case of Andrew J. Lenox against the City of Newport Beach for alleged injuries. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the City Attorney was instructed to appear on behalf of certain police officers, defendants in the action, and that the letter of the City Attorney be filed. The City demands having been duly audited by the Finance Committee, were on motion of Councilman Claire, seconded by Councilman Garfield and carried, allowed and warrants ordered drawn for same. ADJOURNMENT There being no further business to come before the Council a motion to adjourn Sine Die was made by Councilman Claire, seconded ' by Councilman Ellsworth and carried. Mayor of the City of Newport Beach App r ved: Ci y Cler Council