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HomeMy WebLinkAbout03/21/1938 - Adjourned Regular MeetingZ Newport Beach, California. March 21, 1935. • The City Council of the city of Newport Beach met in regular adjourned session in the City Council Chambers at the City Hall in the City of Newport Roll Call Beach at 7:30 p.m. on above date with Mayor Williamson in the. Chair. The roll was ' called, the following answering present, Councilmen Gordon, Claire, Whitson, Brown REPORTS OF SPECIAL COMMITTEES and Williamson,' Absent, None. Councilman Whitson, Chairman of the Committee appointed to investigate Report by and report on the complaint of-certain residents of Seashore Colony Tract in Committee connection with alleged neglect of duty on the part of the Police and Fire Re: alleged Departments, during the recent flood in that district, reported as follows: neglect during We,the Committee found after careful consideration: flood (r,) That a very unusual condition existed at the Seashore Colony Tract, caused by an act of Nature which no man could foresee and for which no man is responsible. (b) That an emergency existed calling for immediate action and if mistakes were made, and mistakes were undoubtedly made, they were mistakes which an ordinary man would make when faced with a situation making it necessary to take snap judgement under stress of danger. (c) Every man on the Police force honestly and conscientiously did his duty as he saw it, and we believe, as some of the citizens of the Seashore Colony Tract have expressed it, should be praised and not censurdd. On motion of Councilman Gordon, seconded by Councilman Brown and carried, the report was approved and ordered filed. • REPORTS OF STANDING COMMITTEES None COMMUNICATIONS L. J. Jacobson The application of L. J. Jacobson for a license to conduct a restaurant license for at 111 Main Street, Balboa, having been approved by the Health Officer, was on , restaurant motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed. The application of George Phillips for a transfer of Penny Arcade Geo.Phillips license from the Allen Building, Main and Ocean Front, to 111 Main Street, Balboa, trans. of was on motion of Councilman Whitson, seconded by Councilman Gordon and carried, license laid on the table. The application of D. B. Maurice and Dr. G. W. Hunter for permission to D..B.Maurice & construct a pleasure pier fronting on Lots 65 and 69, Tract 907, Lido Isle, was G.W.Hunter on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred pier permit to the City Engineer for approval. The application of Edward F. Reed for permission to construct a pleasure E.F.Reed pier fronting on Lots 335 and 339, Tract 907, Lido Isle, was on motion of Councilman pier permit Claire, seconded by Councilman Whitson and carried, referred to the City Engineer for approval. E. H. Day The-application-of E. H. Day for permission to erect a groyne along the permit for easterly line of Lot 25, Block 109, Tract 626, was presented, and on motion of groyne Councilman Claire, seconded by Councilman Whitson and carried, was referred to the City Engineer. A communication was presented from the American Power Boat Association American Power in regard to working out a uniform ordinance pertaining to Harobr rules by the Boat Assn various cities of Southern California having yacht harbors. On motion of Council- uniform man Whitson, seconded by Councilman Claire and carried, the Harbor Master was ordinance instructed to attend the meeting of American Power Boat Association scheduled for April 5, 1938. A claim filed by A. J. Richardson for damages to a boat, alleged to have A.J.Richardson been caused by the seepage of oil from abandoned wells in West Newport, was claim for damage presented, and on motion of Councilman Claire, seconded by Councilman Whitson to boat and carried, the claim was denied and the matter was referred to the City Attorney , for reply. The letter of thanks from the local Post of the American Legion for the American Legion use of a City truck for distributing aid to the needy due to the flood, was thanks for presented, and on motion of Councilman Claire, seconded by Councilman Brown and aid carried, the letter was ordered filed. The invitation of the California Sewage Works Association for the City . Calif.Sewage to send representatives to the Spring Conference of the Association to be held Works Assn at San Diego on April 11th and 12th, was presented, and on motion of Councilman Conference Whitson, seconded by Councilman Claire and carried, City Engineer Patterson and Assistant Water Superintendent McMillan were delegated to attend the meeting. The letter of Dan Holcombe outlining various improvements needed for Dan Holcombe the City was presented, and on motion of Councilman Gordon, seconded by Council- improvements man Claire and carried, the communication was ordered filed and the matters mentioned therein to be taken up with other proposed improvements. A petition signed by three property owners in the vicinity of Adams Petition to and Harding Streets and asking for the removal of four trees growing on Adams remove trees Street, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the matter was referred to the Street Committee. A letter from A. J. Carson pertaining to the construction of the A.J.Carson proposed bulkhead fronting on Block P, Tract 515, was read. Whereupon the City o const of bulk- Engineer explained that the First Trust & Savings Bank of Pasadena, owners of head in Tr 515 most of the property involved, were endeavoring to get the work started, Mr. Carson being the only owner of property there who had not agreed to proceed with the improvement. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Attorney was instructed to communicate with Mr. Carson in connection with the matter. Huntington Bch A resolution passed by the Huntington Beach Chamber of Commerce in ' Chamber of Com. connection with the Orange County Outfall Sewer System was presented, and discussed, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Engineer and Sewer Committee were directed to attend • any meetings that may be held concerning the above matter. • n I`. C\� Gam-, 11 • • UNFINISHED BUSINESS The petition presented at a previous meeting by property owners of Newport Heights requesting that certain improvements be made to San Bernardino and other streets of that district,.was brought up for consideration, the City Engineer furnish- ing an estimate of the cost of the.improvement. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the City Engineer was 'instructed to proceed with the work in accordance with his own judgement. The application of D. B. Maurice for permission to construct a pleasure pier fronting on Lot 956, Tract 907, Lido Isle, having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed. The application of Hugh J. Lowe for permission to construct a pleasure pier fronting on Lot 3, Block 27, Balboa East Side Addition, .having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried,. allowed. The application of Donald H. Fry for permission to construct a pleasure pier fronting on Lot 65, Tract 907, Lido Isle,�having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed. The application of H. D. Leslie for permission to construct a pleasure pier fronting on Lot 6, Block 6, Section 3, Balboa Island, having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed. The application of Richard F. Dwyer for permission to construct a pleasure pier fronting on Lot 17, Tract 742, Balboa Island, having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed. The application of Frank A. Andrews for permission to construct a pleasure pier fronting on Lots 3 and 4, Block 4, Section-5, Balboa Island, having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed. An Agreement modifying an Agreement between the City of Newport Beach and Hamasi Corporation and in connection with an ordinance authorizing same which was passed to the second reading at the meeting of February 17, 1939, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the Agreement was ordered filed. NEW BUSINESS An ordinance was presented, being an ordinance in connection with a proposed agreement between the City of Newport Beach and Ralph P. Maskey regarding certain real property situated in West Newport. On motion of Councilman Whitson, seconded by Councilman Brown, the Agreement was ordered filed with the City Clerk and the ordinance passed to the second reading by the following vote, to -wit: AYES: Councilman Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. An ordinance amending certain sections of License Ordinance No. 393 was presented and read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the same was ordered filed for further study. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the hearing of protests on the proposed vacation of a certain alley in Block C, Newport Bay, was set for the next meeting of the Council to be held on the 4th dgrof April, 1939. Resolution No. 1305. WHEREAS, WARREN C. FLETCHER and JUANITA W. FLETCHER husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $500.00 for Lots 1 and 3, Block 431, 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 $500.00; and WHEREAS, the price offered is just, fair and adequate and is not disproportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED; That said property be sold to the said Warren C. Fletcher and Juanita W. Fletcher, husband and wife, for the sum of $500.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1935 -39 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. And the Mayor and the City Clerk are hereby authorized and directed to execute, and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $50.00 be paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to Warren C. Fletcher and Juanita W. Fletcher, his wife, as joint tenants, 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. 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 an adjourned regular meeting thereof, held on the 21st day of March, 1939, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Frank L. Rinehart Harry H. Williamson Mayor of the City of Newport Beach. 'Q I Petition fog imp of sts in Npt Hts. D.B.Haurice pier permit Hugh J. Lowe pier permit D. H. Fry pier permit H. D. Leslie pier permit R. F. Dwyer pier permit F.A.Andrews pier permit Agreement bet City & Hamasi Corp Proposed agreement with R.P. Maskey 1st reading amend Ord. No.393 Setting hearing on protests Res, 1305 sale of property to Warren C. Fletcher SEE ATTACHED SHEET FOR ACTION RE: RES. 1304 �J J� Res. 1306 Resolution No. 1306. A quitclaim deed dated the 14th day of March, Quitclaim 1938, from Urban F. Weis and Edith R. Weis, husband and wife, to the City of deed from Newport Beach, a Municipal corporation of the sixth class, remising, releasing Urban F. Weis and quitclaiming to the city of Newport Beach all that certain.real property situated in the city of Newport Beach, County of Orange,.State of California, described as follows: Lots 1 and 3., Block 431, Corona Del Mar, as shown on a map recorded in Book 3, pages 41 and 42 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 Hearing.for Whitson and carried, that said Quitclaim Deed be accepted by said City, and the amending of' City Clerk instructed to record the same forthwith with the County Recorder of Ord. No. 440 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. Minute Res. Councilman Claire moved the adoption o.f a resolution, being a resolution q r quitclaim deed authorizing the Mayor and City Clek to execute on behalf of the City of Newport to Mary J. Beach a quitclaim deed in favor of Mary J. McCann, a widow, covering Lots 5, McCann 20, 21 and 22, Block 32, First Addition to Newport Heights, as shown on a Map recorded in Book 4, page 94 of Miscellaneous Maps, records of Orange County, California. The motion was duly seconded by Councilman Whitson and the resolution was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson • NOES: Councilmen None. Certified to be a true excerpt from nnutes • ABSENT:. Councilmen None. of meeting of March 21, 1938 ADJOURNMENT On motion of Councilman Claire carried, an adjournment was taken Sine�D APPROVED City Clerk 0 seconded by Councilman Brown and e. 1 L L This being the time for the hearing set at a meeting of the City Council Hearing for held on the 7ceh day of March 1938 for amending zoning Ordinance No. 440 in amending of accordance with the recommendation of the Planning Commission, that when fifty Ord. No. 440 percent of the lots fac.ing upon any public property have erected thereon structures less than ten feet from the property lines thereof, the City Council shall, upon recommendation of the Planning Commission fix the rear yard requirements. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Attorney was instructed to prepare the Supplemental Resolution required for the amendment of the ordinance. This being the time for hearing set at a meeting of the City Council held Hearing.for on the 7th day of March, 1938 for amending Zoning Ordinance No. 440 for the re- amending of' zoning in accordance with the recommendation of the Planning Commission, of Lots Ord. No. 440 3, 4, 5, and 6, Bloc lt 6, Seashore Colony Tract in order that said lots shall be in 0-1 District instead of R -3 district, on motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Attorney was instructed to prepare the Supplemental Resolution required for the amendment of the ordinance. • The Map of Tract 1026, being a tract of certain property in Corona del Mar Approving Map 1026 having been approved by the Planning Commission, was presented for approval and of Tract after due condideration it was moved by Councilman Claire, seconded by Councilman Whitson and carried, that the Map be approved and the City Clerk was directed to sign the same on.behalf of the City, and the communication of the Planning Commission - in connection therewith was ordered filed. Presenting &Map The Map of the Major Traffic Plan was presented by the Planning Commission, of Major Traffic and on motion of Councilman Gordon, seconded by Councilman Whitson and carried, the Plan same was laid on the table for further study. The request for the erection of a Ticket Booth on the pier fronting on Ticket Booth Lot 4, Block 9, Balboa Tract, together with a sketch thereof was presented, and for pier in on motion of Councilman Claire, seconded by Councilman Whitson and carried, the Balboa. same was referred to the City.Engineer. The petition presented by residents of Seashore Colony Tract in the Petition from district damaged by flood, demanding property settlement from the Orange County residents of Flood Control and other responsible officers, was read and discussed by the Seashore Col. Council and various signers of the petition. Whereupon it was moved by Council - Tract. man Claire, seconded by Councilman Whitson and carried, that the City would lend any support possible in aiding the stricken area and a meeting was arranged for the City Engineer to meet with the petitioners on the premises at 2 o'.clock p.m. March 24, 1939. Dick Rogers Dick.Rogers addressed the Council and expressed the thanks of the thanking Council signers of the petition presented to the Council for the improvement of San Bernardino and other.Streets in Newport Heights for the prompt and favorable action taken by the Council in behalf of same. ADJOURNMENT On motion of Councilman Claire carried, an adjournment was taken Sine�D APPROVED City Clerk 0 seconded by Councilman Brown and e. 1 L L Resolution No. 1304. WHEREAS, V. J. FRYE and IRMA FRYE, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $300.00 for Lot 16, Block B, Tract 673, in the city of Newport Beach, as shown on Map recorded in Book ' 20, pages 17 and 19 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 $300.00; and • WHEREAS, the price offered is just, fair and adequate and is not dispropor- tionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said V. J. Frye and Irma Frye, husband and wife, for the sum of $300.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1935 -39, and unpaid inprovement assessments of record. Alsu subject to conditions, restrictions and reservations of record. And the Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. 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 an adjourned regular meeting thereof held on the 21st day of Marcy, 1935, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1304 sale of lot to V.J.Frye