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HomeMy WebLinkAbout01/16/1939 - Adjourned Regular Meeting166 � 1 _ Newport Beach, January 16, 1939• 0 Ll 1] 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 Beach at.7:30 o °'clock p. m. on above date, with Mayor Williamson presiding. Roll The roll was called, the.following Councilmen answering present: Gordon, Claire, Call Whitson, Brown, Williamson. Absent, Councilmen None. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the regular order of business was suspended to take up the matter of the hearing, Hearing on continued from a previous meeting, of the application of Marguerite Macculloch for Re- Zoning the amendment of Zoning Ordinance No. 440, and pertaining - particularly to Lot 15, Block 26, Balboa Eastside Addition. The petitioner for the re- zoning was represented by Attorney R. C. Mize and those protesting the application by Attorney George H. Tobias. Much discussion ' was had concerning the matter.' ' •- Besidesf the attorneys representing both sides, the Council was addressed by C. Harold Hopkins, Norman C. Nourse, Miss Claire Germain, and others opposing the rezoning, while Bum. �ffnnes'and•Mrs. Young spoke in favor of the applicant. Letters addressed to the )Planning Commission protesting the re- zoning were read, and after hearing all the argument presented by both sides, it was moved by Councilman Whitson, seconded by Councilman Brown that the recomendatiofi ofFthe Planning Commission that the zoning Ordinance be not amended to provide for .the re- zoning be approved, the motion being carried by the following vote, to -wit: AYES: Councilmen Claire, Whitson, Brown, Williamson. NOES: Councilman Gordon. ABSENT: Councilmen None. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the regular order of business was resumed. REPORTS.OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS B. Gartler The application of Barbara Gartler for a license to conduct a lunch room lunch room at 617 -19 Coast Highway, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed subject to the approval of the Health Officer. N.E.Belden The application of Nelson E. Belden for a veteran's exempt license to peddling peddle cosmetics, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, denied. H.Childs The application of Herman Childs for the position of Camp Custodian, was Camp on motion of Councilman Claire, seconded by Councilman Gordon and carried, ordered filed. The application of Gordon B. Findlay for a permit to construct platform G.B.Findlay and steps over the sea wall fronting on Lot 16, Block 1, Section 5, Balboa Island, steps owned by A.'M. Johnson, was on recommendation of the City Engineer, granted. The letter of Edward H. Allen, owner of the Balboa Inn, protesting E.H.Allen the noise created by the bowling alley conducted on Main Street opposite the hotel, noise from was presented, and on motion of Councilman Gordon, seconded by Councilman Claire bowling and carried, the Mayor was requested to appoint a committee to investigate and alley, report on the matter. Whereupon Mayor Williamson appointed Councilman Brown-and Councilman Whitson to act in that capacity. E.N.Miller The letter of E. N. Miller complaining of alleged unnecessary noise noise from caused by the whistling of Pacific Electric cars early in the mornings and late PE cars at night, was presented, and on motion of Councilman Claire, seconded by Councilman Brown and carried, the City Clerk was instructed to forward the communication to the Railroad Company. G.K.Hitchcock The letter of G. Kent Hitchcock asking that a tentative date of February boat races 19th be given for the holding of boat races in the North Channel of Newport Bay's was presented, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the same was granted. The letter of the Orange County League of Municipalities requesting Orange Co. that the attendance at the League meetings by representatives of the City be more League of regular, was presented, and on motion of Councilman Claire, seconded by Councilman Mun. Gordon and carried, the Mayor was requested to attend the meetings. The request of Dick Rogers to open Villa Way by surfacing same from Dick Rogers 31st Street to the alley in order to provide accessibility to 33 lots, was opening presented, and after some discussion the City Engineer presented an estimate Villa Way of the cost of same, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the matter was referred to the Street Committee and the City Engineer. N.Harb. The letter of the Newport Harbor Realty Board requesting more cleanliness Realty Bd. for the streets and gutters, more trash cans, better drainage for the streets and cleaning covers for the trash wagons, was presented. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the matter was laid on the table for further investigation. 0 Ll 1] UNFINISHED BUSINESS • + The application of L. H. Vane for permission to construct a retaining wall.fronting on Lot 6, Block 635, Canal Section, having been approved by the City Engineer, was on motion of Councilman Whitson, seconded by Councilman Brown and carried, granted. The application of Duncan Frick for permission to construct a pier and slip float, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, granted. NEW BUSINESS The demand of City Treasurer Gant in the sum of $2,000 for certain bond requirements, was on motion of Councilman Claire,.seconded by Councilman Whitson and carried, allowed and warrent ordered drawn for same. Q Ib .� �2 G� a' • • J Ll Resolution No. 1466. WHEREAS, WILLIAM DEYHLE and DOROTHY DEYHLE, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $150.00 for Lot 14, Block 739, Corona del Mar, in the City of Newport Beach, as shown on Map recorded in Book 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 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 William Deyhle and Dorothy Deyhle, husband and wife, for the sum of $150.00, free and clear of all encumbrances, subject to the second half of taxes for the fiscal year 1935 -39, and unpaid improvement assessments of record. Also 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. 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 William Deyhle and Dorothy Deyhle, 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 wascduly and regularly 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 January, 1939, 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 Harry H. Williamson Mayor - City of Newport Beach. Resolution No. 1467. WHEREAS, THEODORE A. PONTING, has this day offered to the CITY OF NEWPORT BEACH, the sum of $100.00 for Lot 12, Block 129, Lake Tract, in the city of Newport Beach, as shown on Map recorded in Book 4, page 13 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 $1001.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE'IT RESOLVED: That said property be sold to the sii.d Theodore A.. Ponting, as his separate property, for the sum of $100, free and clear of all encumbrances, subject to the second half of City's taxes for the fiscal year 1935 -391' 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 party 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 16th day of January, 1939, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen N6ne. ATTEST: Frank L. Rinehart City Clerk Harry H. Williamson Mayor - City of Newport Beach. Resolution No. 1468. WHEREAS, HENRY W. MORGAN, has this day offered to the CITY OF NEWPORT BEACH, the sum of $150.00 for Lot 8, Block 740, Corona del Mar, in the city of Newport Beach, as shown on Map recorded in Book 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 WHEREAS, the price offered is just, fair and adequate and is not disproportionate to the real value of the property above described. Im L. H. VANE Retaining wall Duncan Frick pier & float Demand Res. 1466 ^ sale of lot to William Deyhle et ux Res. 1467 '\ sale of lot to Theo. A. Ponting Res. 1465 sale of lot to Henry W. Morgan M NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Henry W. Morgan, as his separate property, for the sum of $150.00, free and clear of all encumbrances, subject to the second half of taxes for the fiscal year 193e>-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 party upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $15.00 to paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to Henry W: Morgan, said sum being a fair and reasonable commission 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 16th day of January, 1939, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. • I 0 ATTEST: Frank Lo Rinehart Harry H. Williamson City Clerk Mayor - City of Newport Beach Res. 1469 Resolution No. 1469. WHEREAS, N. J. SANCHEZ and JOSEPHINE F. SANCHEZ, sale of lots husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum to N. J. Sanchez of $250.00 for Lots 3 and 4, Block 139, Canal Section, in the city of Newport et ux Beach, as shown on "lap recorded in Book 4, page 99 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 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 th6 said sum of $250.00; 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 N. J. Sanchez and Josephine F. Sanchez, husband and wife, fot the sum of $250.00o free and clear of all encumbrances, subject to the City of Newport Beach and the County of Orange taxes for the fiscal year 1939 -40, and unpaid improvement assessments of record. 'The Mayor and City Clerk are hereby author- ized 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 $25.00 be paid to Lew H. Wallace, as and for his commission for the negotiating of the sale of said real property to N. J. Sanchez and Josephine F. Sanchez, husband and 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 16th day of January, 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 City Clerk Mayor - City of Newport Beach Res. 1470 Resolution No. 1470, being a resolution authorizing the Mayor and Hiway deed City Clerk to execute a Grant Deed from the City of Newport Beach to Don P. Flagg and coveringg Lot 4, Block U of Tract 323, as per map recorded in Book 14, pages 40 -and 41 of Miscellaneous'Maps, in the office of the County Recorder of Orange County, California, was presented. Whereupon it was moved by Councilman Claire, seconded by Councilman Gordon that "said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None., ABSENT: Councilmen None. Res. 1471 Resolution No. 1471, being a resolution authorizing the Mayor and Quitclaim City Clerk to execute a Quitclaim Deed from the City of Newport Beach to Ruby to Ruby A. A. Thompson, and covering Lot 13, Block 17, First Addition to Newport Heights, Thompson as per map thereof recorded in Book 4, page 94 of Miscellaneous Maps, records of Orange County, California, was presented. Whereupon it was moved by Councilman Claire, seconded by Councilman Gordon that said resolution be adopted, and the motion'was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1472 Resolution No. 1472, being a resolution accepting a Grant Deed from Hiway deed Alban L. Oakley, and covering Lot 2, Block 442, Corona del Mar, was presented. Whereupon it was moved by Councilman Claire, seconded by Councilman Gordon that said resolution be adopted, and the mcttion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ;ABSENT: Councilmen None. • I 0 I Resolution No. 1475, being a resolution accepting a Grant Deed from Nicholas Haugness and Louise Haugness, husband and wife, and covering Lot 10, I� Block 438, Corona del Mar, was presented. Whereupon it was moved by Council- man Claire, seconded by Councilman Gordon, that said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Minute Resolution. Councilman Claire moved the adoption of a resolution, • being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a quitclaim deed in favor of J. H. Dixon and Maude J. Dixon, husband and wife, covering Lot 7,, Block 35, First Addition to Newport Heights, as per Map recorded in Book 4, page 94, 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. • HE Res. 1473 Hiway deed Res. 1474 Hiway deed Res. 1475 hiway deed Minute Res. Quitclaim to J. H. Dixon et ux Resolution No. 1476, being a resolution authorizing the Mayor and City Res. 1476 Clerk to execute on behalf of the City of Newport Beach, a certain agreement of agreement with lease between the City of Newport Beach and Alex J. Twist and Fred Storey, was A.J. Twist & presented. Whereupon it was moved by Councilman Gordon, seconded by Councilman Fred Storey Whitson that said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Whitson, Brown, Williamson. NOES: Councilman Claire, ABSENT: Councilmen None. City Engineer Patterson brought up the matter of dredging in the West Newport channels, advising that approximately 1,200 cubic yards would be necessary on the part of the channel fronting on Newport Island in order to provide sufficient depth to tie up to piers, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Engineer was authorized to do that amount of dredging and tie up the dredge for a period of 30 days. Resolution No. 1477, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a contract for furnishing water to the Banning Company under certain stipulated conditions, was presented, and on motion of Councilman Claire, 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. Ordinance No. 480 came up for final passage, being an ordinance provid- ing for the purchase by Lew H. Wallace of certain City owned lots, described as follows; Lots 8, 10 and 11, Block 230, Lancaster's Addition; Lots 11 and 12, Block 13, First Addition to Newport Heights; Lots 12, 16 and 17, Block 14, First Addition to Newport Heights; Lot 7, Block 23, First Addition to Newport Heights; Lots 3, 4 and 16, Block 24, First Addition to Newport Heights. Councilman Claire moved the adoption of said ordinance, the motion was duly seconded by Councilman Whitson and the same was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Dredging in West Newport Res. 1477 water cont with Banning Company Ord. 480 sale of lots to Lew H. Wallace Councilman Claire moved the adoption of an ordinance, being an ordinance Amending amending that portion of Water Ordinance No. 479 providing for the collection of Water Ord. penalties on delinquent water bills. The motion was seconded by Councilman Whitson and the ordinance was passed unnamiously to the second reading. ADJOURNMENT On motion of Councilman Claire carried, an adjournment was taken Sine D • A roved: City Clerk ,,,,seconded by Councilman Whitson and Resolution No. 1473, being a resolution accepting a Grant Deed from Bernard H. Davis and Grace Edith Davis, husband and wife, and covering Lot 7, Block 438, Corona del Mar, was presented. Whereupon it was moved by Councilman Claire, seconded by Councilman Gordon that said resolution be adopted, and the • motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1474, being a resolution accepting a Grant Deed from Chas. D. Fairbanks and Bernice H. Fairbanks, husband and wife, and covering Lot 8, Block 438, Corona del Mar, was presented. Whereupon it was moved by Councilman Claire, seconded by Councilman Gordon that said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1475, being a resolution accepting a Grant Deed from Nicholas Haugness and Louise Haugness, husband and wife, and covering Lot 10, I� Block 438, Corona del Mar, was presented. Whereupon it was moved by Council- man Claire, seconded by Councilman Gordon, that said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Minute Resolution. Councilman Claire moved the adoption of a resolution, • being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a quitclaim deed in favor of J. H. Dixon and Maude J. Dixon, husband and wife, covering Lot 7,, Block 35, First Addition to Newport Heights, as per Map recorded in Book 4, page 94, 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. • HE Res. 1473 Hiway deed Res. 1474 Hiway deed Res. 1475 hiway deed Minute Res. Quitclaim to J. H. Dixon et ux Resolution No. 1476, being a resolution authorizing the Mayor and City Res. 1476 Clerk to execute on behalf of the City of Newport Beach, a certain agreement of agreement with lease between the City of Newport Beach and Alex J. Twist and Fred Storey, was A.J. Twist & presented. Whereupon it was moved by Councilman Gordon, seconded by Councilman Fred Storey Whitson that said resolution be adopted, and the motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Whitson, Brown, Williamson. NOES: Councilman Claire, ABSENT: Councilmen None. City Engineer Patterson brought up the matter of dredging in the West Newport channels, advising that approximately 1,200 cubic yards would be necessary on the part of the channel fronting on Newport Island in order to provide sufficient depth to tie up to piers, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Engineer was authorized to do that amount of dredging and tie up the dredge for a period of 30 days. Resolution No. 1477, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a contract for furnishing water to the Banning Company under certain stipulated conditions, was presented, and on motion of Councilman Claire, 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. Ordinance No. 480 came up for final passage, being an ordinance provid- ing for the purchase by Lew H. Wallace of certain City owned lots, described as follows; Lots 8, 10 and 11, Block 230, Lancaster's Addition; Lots 11 and 12, Block 13, First Addition to Newport Heights; Lots 12, 16 and 17, Block 14, First Addition to Newport Heights; Lot 7, Block 23, First Addition to Newport Heights; Lots 3, 4 and 16, Block 24, First Addition to Newport Heights. Councilman Claire moved the adoption of said ordinance, the motion was duly seconded by Councilman Whitson and the same was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Dredging in West Newport Res. 1477 water cont with Banning Company Ord. 480 sale of lots to Lew H. Wallace Councilman Claire moved the adoption of an ordinance, being an ordinance Amending amending that portion of Water Ordinance No. 479 providing for the collection of Water Ord. penalties on delinquent water bills. The motion was seconded by Councilman Whitson and the ordinance was passed unnamiously to the second reading. ADJOURNMENT On motion of Councilman Claire carried, an adjournment was taken Sine D • A roved: City Clerk ,,,,seconded by Councilman Whitson and