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HomeMy WebLinkAbout11/01/1937 - Regular MeetingThe letter of Owen E. Kupfer, together with a copy of letter to U. S. Engineers, protesting the dredging and filling operations on the Bay fronting property in Tract 684 owned by E. H. Day, was read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, was ordered filed. The letter of Emma B. Smith expressing the appreciation of herself and others for the manner in which the Street Department has kept the beach the past summer, was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the Street Department. The report of Police Chief Hodgkinson relative to-the applications of Albert Haas of Long Beach, and the Merchants Police and Protective Service of Santa Ana, for the establishing of patrol systems in Newport Beach, was presented, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the applications were denied due to the fact that the service was not considered necess- ary at this time. The letter of A. G. Cooke, Manager of the Orange County Armistice Day Celebration, asking permission to advertise same by parading through the streets, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed. The application of the Pacific Inboard Boating Association for permission Newport Beach, November 1, 1937. • was on.-motion of Councilman Claire, seconded by Councilman Whitson and carried, ' The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall in the City of Newport Beach at 7 :30 P. M. with Mayor Williamson presiding. ' The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent, Councilmen None. REPORTS OF HEADS OF DEPARTMENTS The monthly report of the City Treasurer was read, and on mortion of • Councilman Claire, seconded by Councilman Gordon and carried, the report was approved, the reading of reports of other Heads of Departments dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COM5FITTEES None. C Bay Front property owners in Tract 919 for sewer service and estimating the REPORTS OF STANDING COW41TTEE'S None. man Whitson and carried, the report was ordered filed and the Clerk instructed On motion of Councilman Whitson, seconded by Councilman Gordon and carried, e the regular order of business was suspended in order that the bids submitted for the purchase of dredging equipment could be opened and considered. OPENING OF BIDS • This being the time for the opening of the bids for the purchase of dredg- ing equipment, the Clerk advised that three bids had been submitted and proceeded to open and read same, the bids being from Byron - Jackson Company, Fairbanks - Morse & Company and Brown -Bevis Equipment Company. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the bids were referred to the City Engineer for checking, who advised the Council that the report on same would be ' submitted with his recommendations at 11 o'clock A. M. Thursday, November 4th. On motion of Councilman Claire, seconded by Councilman Whitson and ' carried, the regular order of business was resumed. COr&JUNICATIONS The letter of Owen E. Kupfer, together with a copy of letter to U. S. Engineers, protesting the dredging and filling operations on the Bay fronting property in Tract 684 owned by E. H. Day, was read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, was ordered filed. The letter of Emma B. Smith expressing the appreciation of herself and others for the manner in which the Street Department has kept the beach the past summer, was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the Street Department. The report of Police Chief Hodgkinson relative to-the applications of Albert Haas of Long Beach, and the Merchants Police and Protective Service of Santa Ana, for the establishing of patrol systems in Newport Beach, was presented, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the applications were denied due to the fact that the service was not considered necess- ary at this time. The letter of A. G. Cooke, Manager of the Orange County Armistice Day Celebration, asking permission to advertise same by parading through the streets, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed. The application of the Pacific Inboard Boating Association for permission 35 Roll Call Dredge Equipment Bids Owen E.Kupfer dredging in TP 884. Emma B. Smith beach cleaning Report on Protective Service Advertising Armistice Day Celebration Pacific InbosrA Boating Assn. races R.L.Patterson vacation Mrs.H.A.Pierce complaint Report on sewer service in Tr. 919 Report on dock facilities stray boats Taylor Boat Co Dontoon walk C.E'.McFarland franchise from Nevroort pier. Demands to hold speed boat races in the North Channel of the Bay on Sunday November 7th, was on.-motion of Councilman Claire, seconded by Councilman Whitson and carried, ' granted. The request of City Engineer Patterson for a two weeks vacation and two weeks additional if necessary, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, granted. The letter of Mrs. Harry A. Pierce complaining of people picking flowers from her premises at 126 - 35th Street, was on report of the Chief of Police, that • the matter had been taken care of, ordered filed, on motion of Councilman Claire, seconded by Councilman Whitson and carried. UNFINISHED BUSINESS City Engineer Patterson presented a report on the request of certain Bay Front property owners in Tract 919 for sewer service and estimating the procedure and cost of same. On motion of Councilman Claire, seconded by Council- man Whitson and carried, the report was ordered filed and the Clerk instructed to inform the applicants as to the cost of providing the service. The report of the City Engineer in regard to the Harbor Master's request for dock facilities for the storing of stray boats adjacent to the City Yards on the Bay Front, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, laid on the table. The application of Taylor Boat Service for a permit to install a walk way on pontoons fronting on Lots 1123, 1124 and 1125, Tract 907, having been approved by the City Engineer, subject to approval by the War Department, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, granted to the pierhead line only. The application of C. E. McFarland for a three year extension for a fishing barge franchise from the Newport pier, having been referred to the Street ' Committee from the previous meeting, was on motion of Councilman Gordon, seconded by Councilman Claire and carried, allowed and the City Attorney instructed to prepare the resolution and agreement in connection with same. NEw BUSINESS The montnly demdnds having been duly audited by the Finance Committee, were on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed and warrants ordered drawn for same. 35 Roll Call Dredge Equipment Bids Owen E.Kupfer dredging in TP 884. Emma B. Smith beach cleaning Report on Protective Service Advertising Armistice Day Celebration Pacific InbosrA Boating Assn. races R.L.Patterson vacation Mrs.H.A.Pierce complaint Report on sewer service in Tr. 919 Report on dock facilities stray boats Taylor Boat Co Dontoon walk C.E'.McFarland franchise from Nevroort pier. Demands e1 Demand of The demand for the final payment to the Drainage Construction Company Drainage for the installation of the new sewer system, was_on motion of Councilman Claire, Const.Co. seconded by Councilman Gordon and carried, allowed and warrant ordered drawn for same. Councilman Claire moved the adoption of a resolution, being A RESOLUTION Res..1203 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO KATHRYN variance to L. HOLMAN, AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT Kathryn L. TO ORDINANCE NO.440 and AMENDMENTS THERETO. The resolution was designated Resolution Holman No. 1203, and the motion for adoption was duly seconded by Councilman Whitson, and the resolution was adopted by the following Poll call vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. IJOES: Councilmen None. ABSENT: Councilmen None. Res. 1204 Councilman Claire moved the adoption of a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO MRS. H. R. Mrs. H.R. ROBERTSON AFTER REPORT AND RECOMMENDATION OF PLANNING COMMMBION AND PURSUANT TO Robertson ORDINANCE NO. 440 AND AMENDMENTS THERETO. The resolution was designated Resolution No.1204, the motion duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: COUNCILMEN Gordon, Claire, Whitson, Brown, Williamson. NOES: COUNCILMEN None. ABSENT: Councilmen None. Res. 1205 Councilman Claire moved the adoption of a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO KATHRYN Kathryn Zahn ZAHN AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO. The resolution was designated Resolution No. 1205, the mortion duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: COUNCILMEN Gordon, Claire, Whitson, Brown, Williamson. NOES: COUNCILMEN None. ABSENT: Councilmen None. Res. 1206 Councilman Claire moved the adoption of a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO GEORGE H. George H. MCFARLAND AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT McFarland TO ORDINANCE NO. 410 AND AMENDMENTS THERETO. The resolution was designated Resolution No. 1206, the motion duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1207 Councilman Claire moved the adoption of a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO A. C. WILSON A.C.Wilson AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO. The resolution was designated Resolution No. 1207, the motion-duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 120E Councilman Claire moved the adoption of a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO MRS. VERNA Mrs.Verna T. T. DECKER, AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT Decker TO ORDINANCE N0. 440 AND AMENDMENTS THERETO. The resolution was designated Resolution No. 1205, the motion duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1209 Councilman Claire moved the adoption of'a resolution, being A RESOLUTION variance to OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO THE BAY Bay Dist. DISTRICT LUMBER COMPANY,.AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION Lumber Co. AND PURSUANT TO ORDINANCE N0. 440 AND AMENDMENTS THERETO. The resolution was designated Resolution No. 1209, the motion duly seconded by Councilman Whitson, and the resolution adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. The resolution and recommendation of the City Planning Commission in Recommendat- connection with a certain variance granted Howard W. Seager upon Lot 7, Block 12 Ion of Plann- Section 1, Balboa Island, was presented to the Council for re- confirmation, ing Comm. together with the Commission's approval of variances granted the Bay District Seager et al Lumber Company and Mrs. Verna T. Decker. At this Juncture Attorney Rogers representing the Bartholomae Oil Corporation and opposing the granting of the Seager variance, addressed the Council, protesting the confirmation by the Council of same until such a time that the case which is in court could be decided. After discussing the matter at length, it was moved by Councilman Gordon, seconded by Councilman Claire and carried, that the matter be laid on the table until after the Court's decision which was set for November 29th. Res. 1210 Resolution No. 1210. WHEREAS, Marguerite M. Summers, has this day offered to the CITY OF NEWPORT BEACH, the sum of $150.00 for Lot 20, Block 531, Corona del Mar in the city of Newport Beach, as-shown on Map recorded in Boock 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County, California; and WHEREAS, the said price is a fair and adequate price as and for the purchase price of said lot; and WHEREAS, the City Council of the City of Newport Beach deems that it is for the best interests of said City that said property be sold for the said sum of $150.00; and • • • 3 WHEREAS, the price offered is gust, fair and adequate and is not dispro- portionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said • Marguerite M. Summers, for the sum of 0150.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1937 -38, and unpaid improvement assess - ments of record. Also subject to conditions, restrictions and reservations of record. And the Mayor and City Clerk are hereby authorized and directed to execute and deliver a dded for said property to the said party upon receipt of the consider- ation above set forth. BE IT FURTHER RESOLVED; That the sum of $15.00 be paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to Marguerite M. Summers, said sum being a fair and reasonable commission to be allowed in said sale, and said broker being a licensed realtor of the City of Newport Beach. C t`m Q I hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof, held on the 1st day of November, 1937, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST Frank L. Rinehart City Clerk Resolution No. 1211. • A Guardian's Deed dated the 1st day of October, 1937, from Lester Paul Res. 1211 Sims, as guardian of the estates of Elizabeth Jean Sims and Lester Paul Sims, Jr., minors, to the City of Newport Beach, a Municipal- corporation, granting and convey- ing unto the City of Newport Beach all the right, title, interest and estate of said Elizabeth Jean Sims and Lester Paul Sims, Jr, in and to the real property situated in the city of Newport Beach, County of Orange, State of California, ' and more particularly described as follows, to -wit: Lots One (1) and Three (3) In Block 436, Corona Del Mar, together with the tenements, hereditaments and appurtenances whatsoever to the same belonging, or in anywise appertaining, subject to taxes and assessments, liens against the said property, and subject also to conditions, restrictions, reservations, easements and /or rights of way of record, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Claire made a motion, duly seconded by Councilman Whitson and carried, that said Guardian's Deed be accepted by said City of Newport Beach, and that the City Clerk be instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the folllwing vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. . NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire moved the adoption of a resolution, being a resolution Minute Res, authorizing the Mayor and City Clerk to exxcute on behalf of the City of Newport Quit Claim Beach a Quit Claim Deed in favor of William E. Fortner and covering Lot 5, Deed to Block 19, Section 3, Balboa Island, as recorded in Book 7, page 15, Miscellaneous tined to tner Maps, records of Orange County, California. The motion was duly seconded by Councilman Gordon and the resolution adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. 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 regy�ar meeting thereof held on the 1st day of November, 1937. f ) uizy uteri or zne tizzy or newporz Beach. • The resolutions of the City Planning Commission requesting that the Resolutions Zoning Ordinance be amended to the effect that Lots 1 and 2, Block 7, Section of Planning 1, Balboa Island, be zoned to R -3 restrictions instead of 0-1 restrictions, and Commission also amended to that there shall be no set -back restrictions on the following Streets in Tract 907, Lido Isle: via Koron, via Orvieto, via San Remo and via Waziers, were presented. After due consideration it was moved by Councilman Whitson, seconded by Councilman Claire and carried, that a public hearing be advertised for in accordance with law to consider the recommendations of the Planning Commission. J. A. Beek, member of the Newport -Costa Mesa High School Board, addressed Lease to Nnt. the Council and requested a 25 year lease on a certain 100 foot frontage of City Harb..High owned property fronting on the Nqrth Channel in Tract 919 and to relinquish the School. High School's present lease at another location on City owned property. The matter was considered and it was moved by Councilman Claire, seconded by Council- man Whitson and carried, that the City Attorney be instructed to prepare the lease and agreement for presentation at the next meeting of the Council. City Attorney Thompson presented an Ordinance, being an amendment to Advertising Ordinance No. 304 respecting advertising structures. After considerable structures discussion it was moved by Councilman Claire, seconded by Councilman Gordon and carried, that the Ordinance be laid on the table. ' On motion of Councilman Claire, seconded by Councilman Whitson and lisp of City carried, the City Engineer was instructed to prepare a map and report on all owned bldgs. buildings situated on City owned property. MW Report on City Engineer Patterson reported on the matter of the 22nd Street side- 22nd St: walk, and on motion of Councilman Claire, seconded by Councilman Whitson and sidewalk carried, the City Attorney was instructed to make application to the Pacific The roll was called, the following Councilmen answering present: Electric Railway Company in connection with same. State Hwy Dept City Engineer Patterson advised the Council that the State-Highway drain in Tr. Department requested permission to install a drain under City owned property 919. in Tract 919,the City Engineer was instructed to contact the Highway Department variances to further concerning the matter as to location and change of same in future if ation of the Planning Commission relative to the variances granted the Bay necessary. District Lumber Company and Verna T. Decker, inasmuch as his own application for J.A.Beek J. A. Beek addressed the Council requesting a franchise to operate ferry in a Ferry System covering all important points in the Bay, same to be operated bay. on schedule and calling at Lido Isle, Harbor Island, Balboa Island, Corona del Mar and other points. After some discussion regarding the matter it was moved recommendations in connection with the variances allowed the Bay District Lumber by Councilman Cordon, seconded by Councilman Claire and carried, that the subject be laid on the table for further consideration. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Whitson and carried, an adjournment was taken to 11 o'clock A. M. Thursday, November 4th. L `0VED: City Cler 0 40 0 0 Newport Beach, November 4, 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 11 o'clock A. M. on above date with Mayor Williamson presiding. Roll. The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent, Councilmen None. REPORTS OF SPECIAL COHEITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS Dr.Sea.ger Dr. Howard W. Seager addresse� ouncil concerning certain zoning variances to matters and requested that the Council g tion in re- confirming the recommend - Seager et al ation of the Planning Commission relative to the variances granted the Bay District Lumber Company and Verna T. Decker, inasmuch as his own application for confirmation had been laid on the table pending a Court action, setting forth the argument that such action by the Council might discriminate against the applicant in said action and show prejudice on the part of the City Council. After considerable discussion concerning the matter, it was moved by Councilman Brown, seconded by Councilman Gordon and carried, that the Planning Commission's recommendations in connection with the variances allowed the Bay District Lumber Company, Verna T. Decker and Howard W. Seager be laid on the table pending the decision of the Superior Court. Street The request of the merchants of Newport Beach for permission to hold dance permit a street dance on the Ocean Front, SAturday, November 6th, was on motion of Councilman Gordon, seconded by Councilman Claire and carried, granted. UNFINISHED BUSINESS Advertising The ordinance amending Ordinance No. 304 respecting advertising structures, structures laid over from a previous meeting, was brought up for consideration. The ordinance was read in full and on notion of Councilman~ Claire, seconded by Councilman Gordon and carried, was passed to the second reading. Res. 1212 City Attorney Thompson presented a resolution, being a resolution author- izing the Mayor and City Clerk to execute on behalf of the City of Newport Beach Lease to a certain Agreement between said City and Newport Harboi+ Union High School District, High School whereby the latter is granted a fifteen year lease on certain City owned property and more particularly described in the resolution and agreement, The resolution was read, considered, designated Resolution No. 1212, and upon motion of Councilman Claire, duly seconded by Councilman Gordon, the resolution was adopted by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. 0 40 0 0