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HomeMy WebLinkAbout06/14/1937 - Adjourned Regular Meeting382 Newport Beach, June 14, 1937. The City Council of the City of Newport Beach met in adjourned regular session in the City Council Chambers at the City Hall in the City of Newport Beach at 7 :30 P. M. on above date with Mayor Williamson in the Chair. The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Williamson. Absent, Councilman Garfield. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS Chief of Police Hodgkinson reporting on the applications of Chas. S. Roberts and Al Anderson for licenses to operate Short Range shooting galleries, advised that while there seemed to be no objection as to this type of shooting gallery, yet the Zoning Ordinance would not permit their operation, whereupon it was moved by Councilman Whitson, seconded by Councilman Gordon and carried, that the applications be denied. Reporting on the application of Paul S. Weimann for a license to conduct a Baloom Game in the Balboa Pavilion, the Chief of Police advised that there was no objection to same andrecommended the granting of the license. Reporting on the communications of Sandy MacKay and Dr. J. M. Kolisch regarding the throwing of fish from the fishing barge Mindanao at the star boats "Beatrix N" and "Pasha" and striking the crews thereof, Chief of Police Hodgkinson advised that the owner of the fishing barge, C. E. McFarland, disclaimed any knowledge of the occurrence and was not on the barge at the time and his attendants were unable to prevent the passengers on the barge from committing the offense. The application of V. E. Britten for permission to build a pleasure pier fronting on Lots 16 and 17, Tract 907, Lido Ible, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred to the City Engineer. The application of Douglas Bronston for permission to install a float fronting on Lot 4, Block S, Section 19 Balboa Island, was on motion of Councilman Claire, seconded by Councilman- Whitson and carried, referred to the City Engineer. The application of Irene Woods for a license to sell smoked fish at 207 - 20th street in the Hormen Building, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed subject to the approval of the Health Officer. The applications of Walter W. Brim, Max Kantor and Joseph R. Shipley for veterans exempt licenses to peddle fruit and vegetables, were on motion of Councilman Claire, seconded by Councilman Whitson and carried, denied due to failure 'of the app- licants to present the.proper credentials to the Council. The request of E. H. Day for permission to deposit sand on a 65 foot lot northerly of Block 109, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed subject to the approval of the City Engineer. The request of E. H. Day for permission to construct and maintain two groynes fronting on a certain 65 foot lot northerly of Block 109, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer. The 44 applications of various merchants throughout the City for licenses to sell fireworks, were on motion of Council- man Claire, seconded by Councilman Whitson and carried, allowed from July 1st to July 5th inclusive. Communications of John A. Harvey, Dr. L. Ludlow Haight, H. F. Bennett Jr., A. H. Grupe, Elva S. Fawcett and L. A. Moffet, all urging that the Grand Canal, Balboa Island be dredge out, were on motion of Councilman Whitson, seconded by Councilman Gordon and carried, referred to the City Engineer. I ti 383 The resignation of 0. H. Lind as a member of the City Plann- ing Commission, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, accepted and the City Clerk directed to write a letter of thanks to Br. Lind for his services while "on the Planning Commission Board. The letters of Sol Bloom regarding the observance of the 150th Anniversary of the formation of the Constitution, were on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred to the Chamber of Commerce. UNFINISHED BUSINESS Ordinance No. 460 came up for final passage, being an ordinance adding a new section to License Ordinance No. 393, to be known as Section 931 and pertaining to the rental of bicycles. The Ordinance was read, and on motion of Councilman Whitson, seconded by Councilman Gordon, was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. NOES: Councilmen None. ABSENT: Councilman Garfield. The petitions presented at the previous meeting of the Council requesting that parking facilities be established in the Balboa District, were brought up for consideration and checking as to the number of property owners whose signatures appeared thereon. The Council was addressed by E. H. Day and P.'S. Castleman opposing the proposition, and A. L. Woodill who suggested that some compromise would be effected whereby all factions could be satisfied. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the petitions were ordered filed with no action being taken. NEW BUSINESS Councilman Claire moved the adoption of a resolution, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City a quitclaim deed in favor of John I. Lee and Anna V. Lee, covering Lot , Block E, Tract 323, as recorded in Bap Book 14, pages 40 and Records of Orange County, California. The resolution was duly seconded by Councilman Whitton and passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. NOES: Councilmen None. ABSENT: Councilman Garfield. "I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby certify that the above and foregoing resolution was passed and adopted by the City, Council of--the City of Newport Beach at a regular adjourned meetiAg thereof, el on the 14th day of June, 1937. vizy uterx oz tine vitiy or ivewporti tteacn. Certain demands having been duly audited by the Finance Committee, were on motion of Councilman Claire, seconded by Council- man Gordon and carried, allowed and warrants ordered drawn for same. It was moved by Councilman Gordon that an emergency exists due to the loud and boisterous conduct of night bathers in the waters of Newport Bay from Adams Street and the intersection of Buena Vista Boulevard with Bay Avenue, and that for the immediate preservation of public health, peace and safety, within the meaning of Article IV of the Constitution of the State of California, that an ordinance should be adopted whereby the police department would have the necessary authority to abate said nuisance. The motion was duly seconded by Councilman Whitson and the fact of an emergency existing was carried unanimously. Whereupon City Attorney Thompson presented an ordinance, being an ordinance making it unlawful to bathe in the waters of Newport Bay, between Adams Street and the intersection of Buena Vista Boulevard with Bay Avenue, between the hours of eleven o'clock P. M. and four o'clock A. IA. of any day. The ordinance was read, considered, designated Ordinance No. 461, the adoption of same bung moved by Councilman Whitson, 'duly seconded by Council- man Gordon and was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. NOES: Councilmen None. ABSENT: Councilman Garfield. The request of C. E. Haskell for permission to construct a groyne in the center of the first lot east of B Street, was on motion of Councilman Whitson, seconded by Councilman Gordon and carried, laid on the table for further investigation. Pursuant to instructions given By Resolution No. 1154, adopted June 7th, 1937, the City Engineer presented Plan No. 404, consisting of one (1) sheet, showing the proposed improvement for the installation of certain ornamental light posts or standards and appurtenances, for the purpose of street lighting in and adjacent to South Bay Front, North Bay Front, East Bay Front and East Promenade of the Grand Canal on Balboa Island, in the City of Newport Beach, California; and also a map of the proposed assessment district No. 405, for consideration by the City Council, Whereupon, Councilman Claire offered and moved the adoption of Resolution No.1155, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DETERMINING THE NATURE, LOCATION AND EXTENT OF THE PRO- POSED IMPROVEMENT FOR THE'INSTALLATION OF CERTAIN ORNAMENTAL LIGHT POSTS OR STANDARDS' IN AND ADJACENT TO SOUTH BAY FRONT, NORTH BAY FRONT, EAST BAY FRONT AND EAST PROMENADE OF THE GRAND CANAL ON BALBOA ISLAND, IN THE CITY OF NEWPORT BEACH, CALIFORNIA: GENERALLY DEFINING THE BOUNDARIES OR EXTENT OF THE DISTRICT TO BE SPECIALLY ASSESSED TO PAY THE COST THEREOF; AND DETERMINING THE STATUTE UNDER WHICH IT IS PROPOSED TO CONDUCT THE PROCEEDINGS, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE "SPECIAL ASSESSMENT INVES- TIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 193111. which motion was seconded by Councilman Whitson and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: COUNCILMEN Gordon, Claire; Whitson,-Williamson. NOES: COUNCILMEN None. ABSENT: COUNCILMAN Garfield. The City Engineer then presented the written report prepared pursuant to the provisions of Sections 2 and 3 of the "Special Assessment Investigation, Limitation and Majority Protest•Act of 1931," and after the. reading and examination of said report by the City Council, Councilman Claire offered and moved the adoption of Resolution No. 1156, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE WRITTEN LIEPORT OF THE CITY ENGINEER FOR THE INS ALLATION OF CERTAIN ORNAMENTAL LIGHT PO OR STANDARM 17N AND ADJACENT TO SOUTH BAY FRONT, NORTH BAY FRONT, EAST BAY FRONT AND EAST PROMENADE OF THE GRAND CANAL ON BALBOA ISLAND, IN THE CITY OF NEWPORT BEACH, CALIFORNI, HERETOFORE ORDERED PRE- PARED BY RESOLUTION NO. 1154, ADOPTED ON THE 7th DAY OF JUNE, 1937; AND FIXING THE TIME AND PLACE FOR HEARING ON SAID ENGINEER'S WRITTEN REPORT, UNDER THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931". which motion was seconded by Councilman Gordon, and upon roll call said-resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. NOES: Councilmen None. ABSENT: Councilman Garfield. It was moved by Councilman Claire, seconded by Councilman Whitson and carried, that the auditing firm of Crenshaw, Diehl & Wright be employed for the City's audit for the fiscal year. The matter of the Macculloch hearing in connection with alleged violation of the Zoning Ordinance, set for this date from- June 7th, was brought up. Attorney Ritchie representing the Macculloch interests addressed the Council, and was followed by Attorney Blodget who represented C. Harold Hopkins and others- opposing the construction and use of certain property situated on Lot 15, Block 26, Balboa Eastside Addition. City Attorney Thompson read the Minutes of the Planning Commission's hearing held on the subject. After considerable discussion by counsel for both sides and the City Council•it was moved by Councilman Claire, seconded by Councilman Gordon and carried, that a ten minute recess be taken in order to consider and render a decision on the question. Upon resumption of the regular order of business, Councilman Gordon moved the adoption of the following decision: The City Council of the City of Newport Beach after hearing the arguments in the Macculloch matter, rendered the following decision: We feel that the remodeling of the non - conforming building will not in any way injure anyone affected, and if any technicalities of law are involved, that the same be left-to a court of competent jurisdiction to decide; whereupon it was moved by Councilman Gordon, seconded by Councilman Whitson and carried, that the action of the Building Inspector in issuing the building permits in question be upheld and confirmed, and that the application of Marguerite Macculloch for a permit authorizing the completion of construction and remodeling of the said non - conforming building on the lot in question be granted in accordance with the terms of said application. The motion was duly seconded by Councilman Whitson and was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. NOES: Councilmen None. ABSENT: Councilman Garfield. Mayor Williamson appointed Grainger Hyer and Ida Deakins as members of the Library Board to succeed themselves for three year terms each from June 30, 1937• ADJOURNMENT On motion of Councilm Claire, seconded by Councilman Whitson and carried, an adjournnt was tpkenn Sine Die. us counci man Councilman AP OUED: Councilman Ci Clerk Councilman