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HomeMy WebLinkAbout01/03/1938 - Regular Meetingr; Newport Beach, California. January 3., 1938- • 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. on above date with Mayor Williamson in the Chair. ' The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson.• Absent:.Councilmen None. REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted, the reading of reports of other Heads of Departments dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COL01UTTEES None. REPORTS OF STANDING COMMITTEES None. Cad C012AUNICATIONS The request of Harbor Master Bouchey for the remainder of his vacation from December 26th to December 31st inclusive, was on motion of Councilman Claire, seconded by Councilman.Whitson and carried, allowed and the request ordered filed. The letter of John H. Leecing, Scout Executive, thanking the proper • authorities for the cooperation in connection with the annual Sea Scout Rendezvous, was read, and on motic)n of Councilman Claire, seconded by Councilman Whitson and carried, the letter was ordered filed. The letter of John D. Biggers, Administrator of the Unemployment Census, thanking Mayor Williamson for his cooperation in compiling the local census, was ' read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the letter was ordered filed. The petition of Myrta E. Cook and others, requesting that the City remove certain cypress trees from the parkway on Ocean Boulevard between Fernleaf and Dahlia Streets, Corona del Mar, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the Street Superintendent was instructed to remove the trees, and the petition ordered filed. The letter of the Bay District Lumber Company extending holiday greetings to the City Officials was read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the same was ordered filed. The letter of Harry Welch, Secretary of the Chamber of Commerce, in regard to the improvement of the Western Entrance to the City, was presented and on motion of.Councilman Gordon, seconded by Councilman Claire and carried, the communication was ordered filed. The application of George H. Coffin Jr. for permission to construct a pleasure pier fronting on Lot 6, Block 19, Eastside Addition to Balboa, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the City Engineer for approval. The application of Wm. A. Kirk for permission to construct a pleasure pier fronting on Lot 5, Block 19, Eastside Addition to Balboa, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the City Engineer for approval. The application of Donald O'Melveny for permission to construct a pleasure pier fronting on Lot 331, Tract 907, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the City Engineer for approval. The communication of Kenneth G. Baum requesting an appropriation in ' connection with the.Ruby Avenue Association's Junior Aquatic Meet, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the Advertising Committee for report at the next meeting of the Council. The communication of F. E. Russell requesting a re- zoning of a portion of Tract 919 easterly of the Bay District Lumber Company's plant, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, • was referred to the Planning Commission and the City Clerk instructed to so inform the applicant. UNFINISHED BUSINESS The letter of the Planning Commission approving the Map of Tract 1007, submitted to that body for consideration and recommendation, was presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the matter was referred to the City Attorney with instructions to confer with the owners of the property with a view of obtaining an alley 20 feet in width instead of 15 feet as shown on the map presented. The Application of Wm. A. Bartholmae for permission to substitute wooden piling for the regulation cement piling in making repairs to an existing pier and laid over from a previous meeting, was brought up for consideration, and on report of City Engineer Patterson the request was denied, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the application was ordered filed. Resolution No. 1220.. WHEREAS, the City Planning Commission of the City of Newport Beach did on the 29th of November, 1935, at a regular meeting of said Commission, adopt by. resolution a certain map designated "District Map"; and ' WHEREAS, said District Map mentioned in the previous paragraph, together with all matters shown thereon, was made a part of Ordinance No. 440 of the City of Newport Beach, passed and adopted by the City Council of the City of Newport Beach on the.6th day of January, 1936, as being part of the • master plan of the City of Newport Beach; and WHEREAS, said District Map heretofore mentioned is on file in the office of the City Clerk of the City of Newport Beach and reference thereto is made hereby for further particulars; and WHEREAS, the City Planning Commission of the City of Newport Beach did, pursuant to advertising, post card notices to adjoining owners, and public hearings, recommend to the City Council of the City of Newport Beach 45 Roll Call Report of Treasurer Harbor Master vacation J.H.Leecing Sea Scout Rendezvous. John D.Biggers unemployment census. Petition cypress trees Corona. del Tat Bay Dist Lbr Holiday greet ng.n . Harry Welch lvest entrance G.H.Coffin Jr pleasure Pier Wrn.A. Kir'_,-, pleasure pier D. 00P4elveney pleasure pier K.G.Baum Junior Aova.tic Meet. F.E.Russell Re- zoning Tract 919. Approving map of Tract 1007 W.A.Bartholma: repairs to pier Resolution No. 1220 Supplement to District Mar M by Resolution No. of the Planning Commission of the City of Newport Resolution No. 1221. A Quitclaim Deed dated the 30th day of Beach, that said District Map heretofore referred to be amended in a manner • to show that Lots 1 and 2 in Block 7, Section 1, Balboa Island, in the City as ,joint tenants, to the City of Newport Beach, a Municipal corporation of of Newport Beach, be shown in an R -3 District rather than in a C -1 District, the-sixth class, remising, releasing and quitclaiming to the City of as now shown by said District Map aforesaid; and Newport Beach all that certain real property situate in the City of WHEREAS, the City Council of the City of Newport Beach did, ' pursuant to.law and said Ordinance No. 440 aforesaid, call a public hearing described as follows, to -wit: Lots 7 and 9, Block Corona Del Mar, on the question of changing said property heretofore described from a C -1 434, as shown on a Map recorded in Book 3, pages 41 and 2 of Miscellaneous District to anR -3 District, as now shown by said District Map; and Maps, Records of Orange County, California. Lots 17, 20, 42 and 69, WHEREAS, _the City Council of the City of Newport Beach did at a Tract 652, as shown on a Map recorded in Book 20, page 19 of Miscellaneous public hearing held on the 6th day of December, 1937, determine by Resolution Maps, records of Orange County, California, was presented to.the City that said llts should be changed from a 0-1 District to an R -3 District. Council of the City of Newport Beach, California. NOW, THEREFORE, BE IT RESOLVED: That said Lots 1 and 2 in Block WHEREUPON, Councilman Claire made a motion, duly seconded by 7, Section 1, Balboa Island, in the City of Newport Beach, be shown on said Councilman Whitson and carried, that said Quitclaim Deed be accepted by District Max) in an R -3 District; and said City of Newport Beach, and that the City Clerk be instructed to BE IT FURTHER RESOLVED: That said Map heretofore prepared by record the same forthwith with the County Recorder of Orange County, the City Engineer of the City of Newport Beach and designated „Supplement No. California. 2 to District Map" be, and the same is hereby approved, and that said Supple- That said motion was carried by the following vote, to -wit: ment No. 2 to District Map and all matters Shown thereon be, and the same AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. are hereby made a part of Ordinance No. 440 of the City of Newport Beach, NOES: Councilmen None.. passed and adopted by the City Council of the City of Newport Beach on ABSENT: Councilmen None. January 6th, 1936, as being part of the master plan of the City of Newport I hereby certify the foregoing to be a true extract from the Beach; and minutes of the City Council of the City of Newport Beach at a regular BE IT FURTHER RESOLVED: That said Supplement No. 2 to the meeting thereof held on the 3rd day of January, 1935. District Map shall be and constitute an amendment to said District Map and Harr H.-Williamson as said district map shall have been so amended the same shall remain in • full force and effect and part of said Ordinance No. 440 of the City of Frank L. Rinehart Newport Beach and amendments thereto. . City Clerk 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 3rd day of January, 1935, by the following vote, to -wit: AYES: COUNCILMEN Gordon, Claire, Whitson, Brown, Williamson. ' NOES: COUNCILMEN None. ABSENT: COUNCILMEN None. ATTEST: Harry H. Williamson Frank L. Rinehart, City Clerk Mayor of the city of Newport Beach NEW BUSINESS 1st reading on On motion of Councilman Claire, seconded by Councilman Whitson amend to Plumbing the ordinance amending certain sections of Plumbing Ordinance No. 379 Ordinance. was passed to the second reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. 1st reading on On motion of Councilman Whitson, seconded by Councilman Gordon, amend to Elect. the ordinance amending certain sections of Electrical Ordinance No. 355, Ordinance was passed to the second reading by the following vote, to -wit: AYES: Councilmen Gordon,.Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution Resolution No. 1221. A Quitclaim Deed dated the 30th day of No. 1221. December, 1937, from Lester Paul Sims and Hazel R. Sims, husband and wife, Quitclaim deed as ,joint tenants, to the City of Newport Beach, a Municipal corporation of from L.P.Sims the-sixth class, remising, releasing and quitclaiming to the City of Newport Beach all that certain real property situate in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows, to -wit: Lots 7 and 9, Block Corona Del Mar, 434, as shown on a Map recorded in Book 3, pages 41 and 2 of Miscellaneous Maps, Records of Orange County, California. Lots 17, 20, 42 and 69, Tract 652, as shown on a Map recorded in Book 20, page 19 of Miscellaneous Maps, records of Orange County, California, 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 Quitclaim 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 following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None.. ABSENT: Councilmen None. I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting thereof held on the 3rd day of January, 1935. Harr H.-Williamson ATTEST: Mayor df"the City of Newport Beach Frank L. Rinehart City Clerk Resolution No. . Resolution No. 1222. A Quitclaim deed dated the 30th day of 1222. Quitclaim December, 1937, from J. M. Madigan and Minnie A. Madigan, to the City of deed from Newport Beach, a Municipal corporation of the sixth class, remising, J. M. P.dadigan. releasing and quitclaiming to the City of Newport Beach all that certain real property situate in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lot 9, Block 535, Canal Section, Newport Beach, as shown on a Map recorded E • I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting thereof held on the 3rd day of January, 1938. ATTEST: Harry H. Williamson Frank L. Rinehart Mayor of the city of Newport Beach City Clerk Resolution No. 1224. A Quitclaim Deed from W. S. McVay and Elizabeth In Book 4, page 98 of Miscellaneous Maps, Records of Orange County, California, was presented to the City Council of the City of Newport Beach, California. • WHEREUPON, Councilman Whitson made a motion, duly seconded by Councilman.Brown and carried, that said Quitclaim Deed be accepted by said City of Newport Beach, and that the City Clerk be instructed to record the Lot 12, Block 141, Canal Section, Newport Beach, as shown on a Map recorded same forthwith with the County Recorder of Orange County, California. in Book 4, page 98 of Miscellaneous Maps, Records of Orange County, California, ' That said motion was carried by the following vote, to -wit: Whereupon, Councilman Whitson made a motion, duly seconded by AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. Councilman Brown and carried, that said Quitclaim Deed be accepted by said City of Newport Beach, and that the City Clerk be instructed to record the NOES: Councilmen None. same forthwith with the County Recorder of Orange County, California. ABSENT: Councilmen None. That said motion was carried by the following vote, to -wit: I hereby certify the foregoing to be a true extract from the minutes AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. of the City Council of the City of Newport Beach at a regular meeting thereof NOES: Councilmen None. held on the 3rd day of January, 1938• ABSENT: Councilmen None. ATTEST: Harry H. Williamson I hereby certify the foregoing to be a true extract from the Frank L. Rinehart Mayor of the city of Newport Beach minutes of the City Council of the city of Newport Beach at a regular City Clerk L•® Cat Frank L. Rinehart Mayor of the city of Newport Beach Resolution No. 1223. A Quitclaim deed dated the 30th day of December City Clerk 1937, from W. S. Sparr, a single man, to the City of Newport Beach, a Municipal Q corporation of the sixth class, remising, releasing and quitclaiming to the the City Council of the city of Newport Beach a certain agreement for sale City of Newport Beach all that certain real property situate in the City of of real estate, wherein the city of Newport Beach is the Seller and Lawrence Newport Beach, County of Orange, State of California, and more particularly Luchbaugh and Pauline Lushbaugh, as joint tenants, are the purchasers; and described as follows, to -wit: The Northeasterly 5 feet of Lot 5, all of Lot • 7, and the Southwesterly 5.feet of Lot 9, Block 237, Corona del Mar, as shown to the Purchasers the following described property, to -wit: The Southeasterly on a Map recorded in Book 3, pages 41 and 42 of Miscellaneous Mans, records 40 feet of Lot 1, in Block "D1' of Tract No. 323, in the city of Newport Beach, of Orange County, California, was presented to the City Council of the City Orange County, California, for the sum of $600.00, payable as follows: $100.00 of Newport Beach, California. on the signing of the contract, and the balance of 4500.00 at the rate of Whereupon, Councilman Whitson made a.motion, duly seconded by $20.00 per month, commencing as of February 1st, 1939, with interest at the Councilman Brown and carried, that said quitclaim deed be accepted by said rate of 6% per annum, payable semi- annually, upon the terms and conditions City of NewportBeach, and that the City Clerk be instructed to record the ' same forthwith with the County Recorder of Orange County, California. WHEREAS, the City Council of the city of Newport Beach deems that That said motion was carried by the following vote, to -wit: it is for the best interests of said city that said Agreement be executed AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. on behalf of the city of Newport Beach. NOW, THEREFORE, BE IT RESOLVED: That the Mayor City Clerk NOES: Councilmen None. and of ABSENT: Councilmen None. I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting thereof held on the 3rd day of January, 1938. ATTEST: Harry H. Williamson Frank L. Rinehart Mayor of the city of Newport Beach City Clerk Resolution No. 1224. A Quitclaim Deed from W. S. McVay and Elizabeth 47 Resolution No. 1223 Quitclaim deed from TJ.S.Soarr Resolution No. 1224 Quitclaim deed from W.S."Ievay Resolution No. 1225 Agreement to sell to Lawrence e Lushbaugh McVay, husband and wife as joint tenants, to the City of Newport Beach, said deed being dated the 31st day of December, 1937,.remising, releasing and quitclaiming to the city of Newport Beach, a Municipal corporation of the sixth class, all that certain real property situate in the City of Newport Beach, County of Orange, State of California, described as follows, to -wit: Lot 12, Block 141, Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, Records of Orange County, California, was presented to the City Council of the City of Newport Beach, California. Whereupon, Councilman Whitson made a motion, duly seconded by ' Councilman Brown and carried, that said Quitclaim 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 following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. • I hereby certify the foregoing to be a true extract from the minutes of the City Council of the city of Newport Beach at a regular meeting thereof held on the 3rd day of- January, 1938. ATTEST: Harry H. Williamson Frank L. Rinehart Mayor of the city of Newport Beach City Clerk Resolution No. 1225. WHEREAS, there has this day been presented to the City Council of the city of Newport Beach a certain agreement for sale of real estate, wherein the city of Newport Beach is the Seller and Lawrence Luchbaugh and Pauline Lushbaugh, as joint tenants, are the purchasers; and WHEREAS, said agreement of sale provides that the Seller will sell to the Purchasers the following described property, to -wit: The Southeasterly 40 feet of Lot 1, in Block "D1' of Tract No. 323, in the city of Newport Beach, Orange County, California, for the sum of $600.00, payable as follows: $100.00 on the signing of the contract, and the balance of 4500.00 at the rate of $20.00 per month, commencing as of February 1st, 1939, with interest at the rate of 6% per annum, payable semi- annually, upon the terms and conditions in said Agreement for Sale of Real Estate set forth; and WHEREAS, the City Council of the city of Newport Beach deems that it is for the best interests of said city that said Agreement be executed • on behalf of the city of Newport Beach. NOW, THEREFORE, BE IT RESOLVED: That the Mayor City Clerk and of the city of Newport Beach be, and they are hereby directed and instructed to execute said agreement on behalf of the city of Newport Beach, and the City Clerk is instructed to deliver a duly executed copy to the Purchasers therein named. 47 Resolution No. 1223 Quitclaim deed from TJ.S.Soarr Resolution No. 1224 Quitclaim deed from W.S."Ievay Resolution No. 1225 Agreement to sell to Lawrence e Lushbaugh VA IM10 Resolution No. 1226 Tax Deed from J. C. Lamb 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 3rd day of January, 1938, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson, NOES: Councilmen None. ABSENT: Councilmen None. Harry H. Williamson ATTEST: Mayor Frank L. Rinehart City Clerk Resolution No. 1226. A Tax Deed under Section 3897d of the Political Code dated the 28th day of December, 1937, from J. C. LAMB, as Tax Collector of the County of Orange, State of California, as party of the first part, to the City of Newport Beach, a Municipal corporation of the sixth class, of the State of California, as party of the second., part, wherein said J. C. Lamb, as Tax Collector of the County of Orange, State of California, grants to the City of Newport Beach, all that certain real property situate in the City of Newport Beach, County of.Orange, State of California, and more particularly described in said Tax Deed and Resolution, 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 Tax Deed be accepted by said City of Newport Beach, and the Clerk instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. I hereby certify that the foregoing is a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting thereof held on the 3rd day of January, 1938. Harry H,.Williamson ATTEST: Mayor of the city of Newport Beach Frank L. Rinehart City Clerk Resolution Resolution No. 1227. A resolution authorizing the Mayor and No. 1227 City Clerk to execute on behalf of the City of Newport Beach, a Consent Consent to to the Department of Public Works of the State of California, granting. State of Calif. the right and privilege to construct and maintain Concrete Pipe Culvert upon certain City owned lands. The motion to adopt said Resolution was made by Councilman Claire, seconded by Councilman Whitson and carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution Resolution No. 1228. A resolution authorizing the Mayor and No. 1228 City Clerk to execute on behalf of the City of Newport Beach, a certain easement from easement for culvert purposes, between the City of Newport Beach and Pacific Elec. the Pacific Electric Railway Company. The motion to adopt said Resolution Rail +nay Co, was made by Councilman Claire, seconded by Councilman Gordon and carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Demands The monthly demands 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. Thanks to On motion of Councilman Claire, seconded by Councilman Gordon Patricia Whitson and carried, the City Clerk was instructed to extend the thanks of the & C.F.Dennison City Council to Patricia Whitson and Chas. F. Dennison for their participa- tion in connection with the City's float in the Tournament of Roses pageant, ADJOURN14ENT On motion of Councilman Cl-'-- carried, an adjournment was taken Si. OA acnnnAcA by Mniinnilman (7.n nA nn end • 0 E •