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HomeMy WebLinkAbout04/18/1938 - Regular Meeting0 APPROVED: CitylClerk Newport Beach, California. April 18, 1939- mo Adjournment 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 o'clock P. M. on above date with Mayor Williamson presiding. The roll was called, the following councilmen answering present: Gordon, Roll Call Claire, Whitson, Brown, Williamson. Absent: Councilmen None. BE IT FURTHER RESOLVED: That the city has not sufficient funds to appropriate for the purposes of the emergency herein mentioned and is compelled . by reason thereof to seek assistance from the emergency fund created by Assembly Bill No. 25, 1938 Session of the Legislature of the State of California; and BE IT FURTHER RESOLVED; That the plans submitted by the City Engineer, ' being Plan No. 72 -1050 consisting of one (1) sheet and Plan No. 401 consisting of Sheets 2, 31 34 and 39 hhowing the work and repairs required are hereby approved; and rental for a Handicraft Shop on Balboa Island, and the City Engineer was author- BE IT FURTHER RESOLVED: That the City Engineer is hereby instructed to submit an application for an appropriation of $9,674 under said emergency Bid for fund to the Governor of the State of California. City Engineer Patterson reported on the question of the bid submitted I HEREBY Certify that the above and foregoing resolution was duly and regularly passed by the City Council of the city of Newport Beach at a special G.M.Green meeting thereof held on the 13th day of April, 1938 by the following vote, to -wit: recommended that the -present contract be renewed for the ensuing year. Whereupon AYES: Councilmen Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen Gordon, Claire. CgAdjourn- All the business for which the Special meeting was called having been disposed o£, it was moved by Councilman JJl1h1tson, seconded by Councilman Brown Qment and carried, that an adjournment be takdza Sine D 0 APPROVED: CitylClerk Newport Beach, California. April 18, 1939- mo Adjournment 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 o'clock P. M. on above date with Mayor Williamson presiding. The roll was called, the following councilmen answering present: Gordon, Roll Call Claire, Whitson, Brown, Williamson. Absent: Councilmen None. REPORTS OF SPECIAL COMMITTEES City Engineer Patterson reported on the matter of Recreational Centers Report on Recreational for the summer season, outlining the different areas and the approximate cost of carrying on the same, and on motion of Councilman Claire, seconded by Councilman Centers Gordon and carried, the report was approved with the exception of the payment of rental for a Handicraft Shop on Balboa Island, and the City Engineer was author- ized to act as agent for the City in connection with the above. Bid for . City Engineer Patterson reported on the question of the bid submitted garbage by by George M. Green for the collection of, or the sale of City garbage and G.M.Green recommended that the -present contract be renewed for the ensuing year. Whereupon it was moved by Councilman Gordon, seconded by Councilman Whitson and carried, that the existing contract with E. V. S. Pomeroy be renewed and the City Attorney was instructed to draw up an Agreement in accordance therewith. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS The letter of E. H. Corbin concerning the re- location of the swimming E.H.Corbin swimming float float now located between Washington and Palm Streets, was presented and read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the letter was ordered filed. Allen Kent The application of Allen Kent for a license to run a restaurant at application 309 Palm Street, Balboa, was on motion of Councilman Claire,seconded by Council- for license man Gordon and carried, allowed subject to the approval of the Health Officer. The application of Mrs. Whalen for a license to conduct a beauty shop Mrs. Whalen at 406 East Bay Avenue, was on motion of Councilman Claire, seconded by Councilman application Gordon and carried, allowed subject to zoning restrictions. for license ' The application of H. L. Beezley for a veteran's license to peddle H.L.Beezley handmade novelties, was on motion of Councilman Claire, seconded by Councilman license Whitson and carried, laid on the table for investigation. app. • The application of Edward S. Richards for a veteran's exempt license E.S.Richards to sell and deliver candies wholesale, was on motion of Councilman Claire, license app. seconded by Councilman Whitson and carried, allowed subject to the wheel tax being paid. The application of Floy B. Thompson for permission to construct a pleasure .F :B.Thompson pier fronting on Lot 12, Block 2, Tract 626, was on motion of Councilman Claire, pier app. seconded by Councilman Whitson and carried, referred to the City Engineer for approval. J.W.Peyton Co. The application of J. W. Peyton Boat Company for permission to construct pier app. finger piers fronting on ,a portion of Lot H, Tract 919, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. O.K.Greene The letter of 0. K. Greene requesting permission for the removal of app.to remove four trees at the corner of Jade and South Bay Front, Balboa Island, was on trees motion of Councilman Whitson, seconded by Councilman Gordon and carried, referred to the Street Committee. Florence Anderson The request of Florence Anderson of the Corona del Mar Civic Association float for a float to be located at the foot of Fernleaf or Dahlia Streets, Corona del Mar, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred to the City Engineer with instructions to confer with the applicants. City of Laguna On motion of Councilman Claire, seconded by Councilman Whitson and outfall sewer carried, the Resolution from the City of Laguna regarding the Orange County outfall sewer was referred to the Sewer Committee and the Committee was appointed to attend any meetings in connection with the subject. UNFINISHED BUSINESS E.G.Greeley The request of E. G. Greeley, laid over from a previous meeting, for a renewal of renewal of contract for the City Dump Ground, was on motion of Councilman Gordon, contract seconded by Councilman Claire and carried, allowed and the City Attorney instructed to prepare the necessary agreement. Bay Island Club The applications of the Bay Island Club for permission to construct pier permit pleasure piers having been approved by the City Engineer, were on motion of Councilman Claire, seconded by Councilman Brown and carried, allowed. Am.Power Boat The communication of the American Power Boat Association relative to the meeting held by that body on April 5th, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, ordered filed. NEW BUSINESS Canvass of Canvass of Vote, Resolution No. 1322 DECLARING RESOLT OF ELECTION. vote WHEREAS, a general municipal election was held and conducted in the city of Newport Beach, Orange County, California, on Tuesday, the 12th day of April, 19369 as required by law; and WHEREAS, it appears that notice of said election was duly and regularly given; that voting precincts were properly established; that election officers were appointed and election supplies furnished, and that in all respects said election was held and conducted and the votes cast thereat received and canvassed and the returns thereof made and declared in time, form and manner as required by the laws of the State of California, governing elections in cities of the sixth class; and WHEREAS, the City Council of the City of Newport Beach met at the Council chambers of the City Council on Monday, the 15th day of April, 1936, to canvass the returns of said election and install the newly elected officers, as a result of which the City Council finds that the number of votes cast, the names of the persons voted for and other matters required by law to be as hereinafter stated. NOW,.THEREFORE, BE IT RESOLVED: That said general municipal election was held and conducted in the City of Newport Beach on Tuesday, the 12th day of April, 1936, in time, form and manner as required by law; that there were seven (7) voting precincts established for the purpose of holding said election, consisting of the regular election precincts for holding general state and county elections, as follows,,to -wit: Precinct No. 1 Mrs. Sadie Roehe's Garage located in rear of 127 30th Street, Newport Beach, California. Precinct No. 2 City Hall, Newport Beach, California. Precinct No. 3 Legion Hut, 10th Street and Bay Front, Newport Beach, California. Precinct No. 4 East Newport Garage, 501 West Bay Avenue, Newport Beach, California. Precinct No. 5 Fire Station, Bay Avenue, Balboa Precinct No. 6 Fire Station, 327 Marine Avenue, Balboa Island Precinct No. 7 Sloan's Real Estate Office, 501 Coast Highway, Corona Del Mar. That the whole number of votes cast in said city was 1347• That the names of the persons voted for, the office for which they were voted, the number of votes given in each voting precinct, to each of said persons, together with the whole number of votes which they received in the entire city, are as follows: NAME JAMES S..BROWN OFFICE NUMBER OF VOTES RECEIVED For City Councilman Precinct No. 1 - 129 No. 2 - 9 No. 3 No. 4 - 77 No. 5 - 64 No. 6 - 160 No 7- 59 7 Precinct Precinct Precinct Precinct Precinct Precinct Total number of votes: ............ L • ,0, 0 0 A'r nt • i LJ 01 • NAME OFFICE NUMBER OF VOTES RECEIVED Precinct No. 2 LLOYD CLAIRE For City Councilman Precinct No. 1 - 150 Precinct Precinct No. 2 - 11 No. Precinct No. j No. 6 Precinct No. 4 - 8 2 5 Precinct No. 5 - 95 6 Precinct No. 6 - 141 7 Precinct No. 7_- 57 Total number of votes: ............... "Yes" votes 563 2 HERMAN CHILDS For City Councilman Precinct No. 1 - 164 Precinct No. 2 - 111 Precinct No. 92 Precinct No. - 67 Precinct No. 5 - 92 Precinct No. 6 - 92 HOWARD W. SEAGER Total number of votes:. For City Councilman Total number of votes:.. Precinct No. 7 -___ 29 27 Precinct No. 1 - 162 Precinct No. 2 - 120 Precinct No. Precinct 77 Precinct No: 101 _ 59 Precinct No. 49 90 Precinct No. 6 - 83 Precinct No 7 5 69 07 That the following propositions were voted on at said municipal election herein mentioned, to -wit: PROPOSITION NO. 1 Shall Ordinance No. 465 of the City of Newport Beach, providing for the levy and collection, for the purpose of providing and maintaining parks in the city of Newport Beach, for each fiscal year, of a tax of ten cents (10¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, and repealing Ordinance No. 390 of the City of Newport Beach, be adopted. PROPOSITION NO. 2 Shall Ordinance No. 466 of the City of- Newport Beach, providing for the levy and collection, for public library purposes in the City of Newport Beach, for each fiscal year, of a tax of five cents (5¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, be adopted. That the number of "Yes" votes and the number of "No" votes received in each precinct in said city on said propositions, together with the total number of "Yes" votes and. "No" votes received on said propositions are as follows: PROPOSITION NO. 1 Shall Ordinance No. 465 of the City of Newport Beach, providing for the levy and collection, for the purpose of providing and maintaining parks in the city of Newport Beach, for each fiscal year, of a tax of ten cents (10¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, and repealing Ordinance No. 390 of the City of Newport Beach, be adopted. PROPOSITION NO. 2 Shall Ordinance No. 466 of the City of Newport Beach, providing for the levy and collection, for public library . purposes in the city of Newport Beach, for each fiscal year, of a tax of Hive cente (5¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, be adopted. Grand Total of "Yes" votes: Grand Total of "No" votes: YES NO Precinct No. 1 YES NO Precinct No. 1 135 127 Precinct No. 2 6 101 Precinct No. j 49 90 Precinct No. 4 51 69 Precinct No. 5 69 79 Precinct No. 6 114 121 Precinct No. 7 51 34 Total number of "Yes" votes 563 Total number of "No" votes 610 YES NO Precinct No. 1 126 124 Precinct No. 2 94 97 Precinct No. j 53 70 Precinct No. 4 69 5 66 Prec i•nc t No. 5 75 Precinct No. 6 133 102 Precinct No. 7 51 32 Total number of "Yes" votes 600 Total number of "No" votes 546 1163 1156 9t 6 92 ABSENTEE VOTES ON PROPOSITIONS PROPOSITION NO. I Shall Ordinance No. 465 of the City of Newport Beach, providing for the levy and collection,'for the purpose of providing and maintaining parks YES VOTES 6 in the city of Newport Beach, for each fiscal year, of a tax of ten NO VOTES 5 cents (10¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, and repealing Ordinance No. 360 of the City of Newport Beach, be adopted. PROPOSITION NO. 2 Shall Ordinance No-. 466 of the City ' of Newport Beach, providing for the levy and collection, for public YES VOTES 6 library purposes in the City of Newport Beach, for each fiscal year, of a tax NO VOTES 5 of five cents (5¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, be adopted. BE IT FURTHER RESOLVED: That JAMES S. BROWN received, for the office of City Councilman, the grand total of 692 votes; that LLOYD CLAIRE received, for the office of City Councilman, the grand total of-697 votes; that HERMAN CHILDS received, for the office of City Councilman, the grand total of 632 votes; that HOWARD W. SEALER received, for the officeof City Councilman, the grand total of 611 votes. BE IT FURTHER RESOLVED: That Proposition No. 1 received 571 "Yes" votes, and 615 "No" votes. BE IT FURTHER RESOLVED: That Proposition No. 2 received 606 "Yes" votes, and 551 "No" votes. RESOLVED FURTHER that at said general municipal election, James S. Brown was elected to the office of City Councilman of the city of Newport Beach for the full term of four years. Also, that Lloyd Claire was elected to the office of City Councilman of ' the city of Newport Beach for the full term of four years. RESOLVED FURTHER that Proposition No. 1 failed to carry and that Proposition'' ?No. 2 carried by a majority vote and goes into effect as soon as said Ordinance shall have been published. Res. 1322 Councilman Gordon moved the adoption of said Resolution No. 1322, which • motion was duly seconded by Councilman Whitson and the resolution was adopted by the following vote, to -wi•t: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.- NOES: Councilmen None. ABSENT: Councilmen None. Appointment ABSENTEE VOTES ON CANDIDATES of Committees NAME FINANCE: Claire, Chairman: Gordon. OFFICE NUMBER OF ABSENTEE VOTES • JAMES S. BROWN For 'City Councilman 14 ADVERTISING: Whitson, Chairman: Claire. LLOYD CLAIRE For City Councilman 15 , HERMAN CHILDS For City Councilman 5 ABSENT: Councilmen None. HOWARD W. SEAGER For City Councilman 4 overtime for ABSENTEE VOTES ON PROPOSITIONS PROPOSITION NO. I Shall Ordinance No. 465 of the City of Newport Beach, providing for the levy and collection,'for the purpose of providing and maintaining parks YES VOTES 6 in the city of Newport Beach, for each fiscal year, of a tax of ten NO VOTES 5 cents (10¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, and repealing Ordinance No. 360 of the City of Newport Beach, be adopted. PROPOSITION NO. 2 Shall Ordinance No-. 466 of the City ' of Newport Beach, providing for the levy and collection, for public YES VOTES 6 library purposes in the City of Newport Beach, for each fiscal year, of a tax NO VOTES 5 of five cents (5¢) on each $100.00 of the assessed valuation of all property in the City of Newport Beach which is taxable therein for municipal purposes, be adopted. BE IT FURTHER RESOLVED: That JAMES S. BROWN received, for the office of City Councilman, the grand total of 692 votes; that LLOYD CLAIRE received, for the office of City Councilman, the grand total of-697 votes; that HERMAN CHILDS received, for the office of City Councilman, the grand total of 632 votes; that HOWARD W. SEALER received, for the officeof City Councilman, the grand total of 611 votes. BE IT FURTHER RESOLVED: That Proposition No. 1 received 571 "Yes" votes, and 615 "No" votes. BE IT FURTHER RESOLVED: That Proposition No. 2 received 606 "Yes" votes, and 551 "No" votes. RESOLVED FURTHER that at said general municipal election, James S. Brown was elected to the office of City Councilman of the city of Newport Beach for the full term of four years. Also, that Lloyd Claire was elected to the office of City Councilman of ' the city of Newport Beach for the full term of four years. RESOLVED FURTHER that Proposition No. 1 failed to carry and that Proposition'' ?No. 2 carried by a majority vote and goes into effect as soon as said Ordinance shall have been published. Res. 1322 Councilman Gordon moved the adoption of said Resolution No. 1322, which • motion was duly seconded by Councilman Whitson and the resolution was adopted by the following vote, to -wi•t: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.- NOES: Councilmen None. ABSENT: Councilmen None. Appointment Mayor Williamson appointed the following Committees for the ensuing term: of Committees FINANCE: Claire, Chairman: Gordon. STREET: Gordon, Chairman: Brown. POLICE: Whitson,Chairman: Claire. FIRE, WATER, LIGHT AND SEWER: Brown, Chairman; Whitson. ADVERTISING: Whitson, Chairman: Claire. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the appointments were confirmed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1323 It was moved by Councilman Whitson, seconded by Councilman Claire and allowing carried unanimously, that due to flood conditions during the month of March, which overtime for ' endangered live and property, that an emergency existed, whereupon Councilman flood work Claire moved the adoption of the following resolution, which was duly seconded by Councilman Whitson. Resolution No. 1323, WHEREAS, March storms of this .the year caused unusual floods and flood conditions in the city of Newport Beach, • endangering the lives, homes and properties of the residents and others in said city; and BE IT FURTHER RESOLVED: That warrants be drawn in favor of those employees doing said over -time work, in the amounts specified in the attached shcedule. . 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 18th day of April, 1938, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. ' NOES: Councilmen None. ABSENT: Souncilmen None. Harry H. Williamson ATTEST: Mayor of the city of Newport Beach Frank L. Rinehart City Clerk 0 r� L On motion of Councilman Claire, seconded by Councilman Gordon and carried, certain demands having been duly audited by the Finance Committee were allowed and warrants ordered drawn for same. Ordinance No. 466, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, PROVIDING FOR THE LEVY AND COLLECTION FOR EACH FISCAL YEAR OF A TAX OF FIVE CENTS (5¢9' ON EACH ONE HUNDRED DOLLARS ($100.00) OF ASSESSED VALUATION,_FOR MUNICIPAL PURPOSES: PROVIDING THE MANNER OF USING SUCH TAX, AND THE TIME OF COLLECTION THEREOF, AND ORDERING THE SUBMISSION OF THIS ORDINANCE TO ELECTORS OF THE CITY OF NEWPORT BEACH AT A GENERAL MUNICIPAL ELEOT10N TO BE HELD IN SAID CITY OF NEWPORT BEACH ON THE 12th DAY OF APRIL, 1936, came up for final passage, whereupon Council- man Claire moved the adoption of said Ordinance. The motion for adoption was duly seconded by Councilman Whitson and the Ordinance adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. City Attorney Thompson presented an ordinance, tieing an emergency ordinance amending Ordinance No. 428:j On motion of Councilman Claire the ordinance was �edlared an emergency measure for the immediate preservation of the public peace, health and safety, within the meaning of Section l of Article IV of the Constitution, and due to the fact that the widespread depression many taxpayers have been unable to pay their taxes or redeem their property from sale to the City for delinquency, and by permitting redemption without penalties, many taxpayers will be enabled to redeem their property and restore same to the tax rolls, thereby adding revenue for the operation and maintenance of government. The motion was duly seconded by Councilman Whitson, and the fact of an emergency existing was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire moved the adoption of the emergency ordinance which was designated Ordinance No. 470, and being duly seconded by Councilman Whitson, the ordinance was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. City Engineer Patterson presented a detailed report together with maps, of the cooperative Beach Erosion survey and study, undertaken with the United States Beach Erosion Board, the County of Orange and the City of Newport Beach, and recommended that the study be continued and surveys made each year from the Newport piet to the Santa Ana River outlet. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the report was ordered filed with the City Clerk and the Maps with the City Engineer. N Allowing demands Ord. 466 Library fund. Ord. No. 470 Tax mort. Report on Beach erosion WHEREAS, said flood waters caused an extra- ordinary emergency to exist in the city of Newport Beach which required the immediate hiring of many men to safeguard life and property in the city of Newport Beach; and • WHEREAS, at the time of said emergency it was necessary to hire men who were familiar with tractors and familiar with the streets and conditions generally in said city; and ' WHEREAS, many employees of various departments of the city of Newport Beach were called into service and were compelled to work and labor many hours in addition to their regular eight hour day; and WHEREAS, said employees are entitled to over -time pay for work done in said emergency and over -time pay was promised to them by the.City Engineer and Street Superintendent of said city. NOW, THEREFORE, BE IT RESOLVED: That by reason of the extra - ordinary emergency existing in the city of Newport Beach caused by the flood waters occurring in the month of March, 1938, it was necessary to require the City employees of said city to work over -time during said emergency in saving lives and property, and keeping traffic open to the public; and BE IT FURTHER RESOLVED: That those employees of the City of Newport Beach who were called on such emergency, be paid over -time wages in accordance I' with the schedule hereto attached and in the amount set opposite their respective names; BE IT FURTHER RESOLVED: That the action of the Street Superintendent e* of the city of Newport Beach, in hiring city employees in the emergency herein mentioned be, and the same is hereby approved; and BE IT FURTHER RESOLVED: That warrants be drawn in favor of those employees doing said over -time work, in the amounts specified in the attached shcedule. . 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 18th day of April, 1938, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. ' NOES: Councilmen None. ABSENT: Souncilmen None. Harry H. Williamson ATTEST: Mayor of the city of Newport Beach Frank L. Rinehart City Clerk 0 r� L On motion of Councilman Claire, seconded by Councilman Gordon and carried, certain demands having been duly audited by the Finance Committee were allowed and warrants ordered drawn for same. Ordinance No. 466, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, PROVIDING FOR THE LEVY AND COLLECTION FOR EACH FISCAL YEAR OF A TAX OF FIVE CENTS (5¢9' ON EACH ONE HUNDRED DOLLARS ($100.00) OF ASSESSED VALUATION,_FOR MUNICIPAL PURPOSES: PROVIDING THE MANNER OF USING SUCH TAX, AND THE TIME OF COLLECTION THEREOF, AND ORDERING THE SUBMISSION OF THIS ORDINANCE TO ELECTORS OF THE CITY OF NEWPORT BEACH AT A GENERAL MUNICIPAL ELEOT10N TO BE HELD IN SAID CITY OF NEWPORT BEACH ON THE 12th DAY OF APRIL, 1936, came up for final passage, whereupon Council- man Claire moved the adoption of said Ordinance. The motion for adoption was duly seconded by Councilman Whitson and the Ordinance adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. City Attorney Thompson presented an ordinance, tieing an emergency ordinance amending Ordinance No. 428:j On motion of Councilman Claire the ordinance was �edlared an emergency measure for the immediate preservation of the public peace, health and safety, within the meaning of Section l of Article IV of the Constitution, and due to the fact that the widespread depression many taxpayers have been unable to pay their taxes or redeem their property from sale to the City for delinquency, and by permitting redemption without penalties, many taxpayers will be enabled to redeem their property and restore same to the tax rolls, thereby adding revenue for the operation and maintenance of government. The motion was duly seconded by Councilman Whitson, and the fact of an emergency existing was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire moved the adoption of the emergency ordinance which was designated Ordinance No. 470, and being duly seconded by Councilman Whitson, the ordinance was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. City Engineer Patterson presented a detailed report together with maps, of the cooperative Beach Erosion survey and study, undertaken with the United States Beach Erosion Board, the County of Orange and the City of Newport Beach, and recommended that the study be continued and surveys made each year from the Newport piet to the Santa Ana River outlet. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the report was ordered filed with the City Clerk and the Maps with the City Engineer. N Allowing demands Ord. 466 Library fund. Ord. No. 470 Tax mort. Report on Beach erosion 94 Minute Res. Councilman Gordon moved the adoption of a resolution, being a resolution quitclaim deed authorizing the Mayor and City Clerk to execute on behalf of the City of Newport to L.N.Norman Beach a quitclaim deed in favor of Lincoln H. Norman, covering Lot 21, Block 1, Tract 919, as recorded in Book 29, pages 31 to 34 inc., 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. ABSENT: Councilmen None. I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Newport Beach at an adjourned regular meeting thereof held on the.16th day of April, 1938- c Res. 1324 Resolution No. 1324 authorizing the Mayor and City Clerk to execute on water cont. behalf of the City of Newport Beach a contract for furnishing water to C. C. Hosmer, to C.C.Hosmer under certain stipulated conditions, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1325 Resolution No. 1325. WHEREAS, LELA F. SCHWARTZ and MARION G. TURNER, sale of lots have this day offered to the CITY OF NEWPORT BEACH the sum of $100 for Lots 17 to L.F.Schwartz and 15, Block 30, First Addition to Newport Heights in the,city of Newport Beach, & M.G.Turner as shown on Map recorded in Book 4, page 94 of Miscellaneous Maps, records of Orange County, California; ands WHEREAS, the said price is a fair and adequate price as and for the purchase price of said lots; 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 $100; 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 LelaF. Schwartz and Marion G. Turner, for the sum of $100, free and clear of all encumbrances, subject to the taxes for the fiscal year 1935 -39, and subject to conditions, restrictions and reservations of record. 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 ofthe City of Newport Beach at an adjourned regular meeting thereof held on the 15th day of April, 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 Mayor of the city of Newport Beach City Clerk Permission City Engineer Patterson presented the letter from the Railroad for sidwalk Commission granting permission to the City for the construction of a sidewalk across-the Pacific Electric Railway Right of Way at 22nd Street, Newport. PLANNING COMMISSION Res. 1326 Resolution No. 1326, being A RESOLUTION OF THE CITY COUNCIL OF THE variance to CITY OF NEWPORT BEACH GRANTING A VARIANCE TO GROVER T. GARLAND AFTER REPORT G.T.Garland NND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO, was presented, and on motion of Councilman Whitson, seconded by Councilman Gordon, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1327 Resolution No. 1327, being A RESOLUTION'OF THE CITY COUNCIL OF THE variance to CITY OF NEWPORT BEACH GRANTING A VARIANCE TO ROLLA R. HAYES AFTER REPORT R.R.Hayes AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO, was presented, and on motion} of Councilman Whitson, seconded by Councilman Gordon, the resolution was adopted by tie following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1326 Resolution No. 1325, being a RESOLUTION OF THE CITY COUNCIL OF THE variance to CITY OF NE17PORT BEACH GRANTING A VARIANCE TO GLORIA GARTZ AFTER REPORT G.Gartz AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO, was presented, and on motion of Councilman Whitson, seconded by Councilman Gordon, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. • • U • .-r • M Resolution No. 1329, being a RESOLUTION OF THE CITY OF NEWPORT BEACH Res. 1329 GRANTING A VARIANCE TO H. L. JOHNSON AFTER REPORT AND RECOMMENDATION OF PLANNING variance to COMMISSION AND PURSUANT TO ORDINANCE N0. 440 AND.AMENDIAENTS THERETO, was presented, H.L.Johnson and on motion of Councilman Whitson, seconded by Councilman Gordon, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. J. Martin Clark addressed the Council concerning the locating of a swimming float at the foot of Adams Street, Balboa, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the matter was referred to the City Attorney with instructions to report to the City Council at the next meet1hg, thereof. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Whitson and carried, an adjournment was taken Si AP OVED ft?_ ' City Clerk Newport Beach, May 2, 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 o'clock p. m. on above date with Mayor Williamson presiding. The roll was called, the following Councilmen answering present: Gordon, Claire, .Brown and. Willi ainso.n. Absent: Councilmen Whitson. J.Martin Clay'. swimming flow Roll Call. II.F.Stephens application for storage F.Gochenouer application for license H.C.Simonds pier permit H.N.Shivers application for lease Mason et al dogs on Bal. Island. Dr.A.Soiland lot line. REPORTS OF'HEADS OF DEPARTMENTS The report of the City Treasurer was read; and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the report was approved, the reading of other reports,of Departmental Heads dispensed with and all reports ordered filed. REPORTS OF SPECIAL COMDiITTEES None. REPORTS OF STANDING COMIflITTEES None. • COMMUNICATIONS The application of William F. Stephens for permission to install under- ground storage for petroleum products at 803 State Highway in Tract 919, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed subject to the approval of the Fire Chief and Zoning restrictions. The application of Frances Gochenouer foi' a license to conduct a lunch counter at 23rd Street and Ocean Front, Newport Beach, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed subject to the approval of the Health Officer. The application of Harold C. Simonds for permission to install a pier barge fronting on Lot 865, Tract 907, Lido Isle, was on motion of Councilman ' Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. The request of H. N. Shivers for a lease on 600 feet of certain City owned property in Tract 919, was presented, and after some discussion was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to a committee to report on same in two weeks. The letters of Lois C. Mason, Florence M. Pollard and Etta and Lydia Griffith, requesting that something be done to curb the influx of dogs on Balboa Island and that all dogs be innooulated against rabies, were presented, and on ' motion of Councilman Claire, seconded by Councilman Gordon and carried, were laid on the Table. The letter of Dr. Albert Soiland concerning the easterly line of Lot • 1, Tract 710 was presented, and after-considering the matter it was moved by Councilman Claire, seconded by Councilman Bitown and carried, that the matter be referred to the City Engineer. J.Martin Clay'. swimming flow Roll Call. II.F.Stephens application for storage F.Gochenouer application for license H.C.Simonds pier permit H.N.Shivers application for lease Mason et al dogs on Bal. Island. Dr.A.Soiland lot line.