HomeMy WebLinkAbout03/13/1939 - Adjourned Regular Meeting202
Newport Beach, March 13, 1939•
The City Council.of the City of Newport Beach met in regular adjourned
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session in the Council Chambers at the City Hall in the City of Newport Beach on
above date with Mayor Williamson presiding.
Roll Call
The roll was called, the following Councilmen answering present: Gordon,
Claire, Whitson, Brown, Williamson. Absent: Councilmen None.
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REPORTS OF SPECIAL COMMITTEES None.
REPORTS OF STANDING COMMITTEES None.
COMMUNICATIONS
Ray Ainsworth
The application of Ray Ainsworth for a permit to install slips for the
slips & mooring
mooring of boats, 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.
The application of Frank L. Scott for a permit to construct and add 4
F.L.Scott
finger slips and 2 rear floats, fronting on a portion of Lot H, Tradt 919, was
finger slips &
on motion of Councilman Claire, seconded by Councilman Gordon and carried, re-
floats
ferred to the. City Engineer for approval.
The application of Tom Heath for a license to operate a pool hall in
Tom Heath
the Ohowell Building at 111 - 22nd Street, Newport Beach, was on motion of
pool hall
Councilman Whitson, seconded by Councilman Gordon and carried, referred to the
Police Committee and the Chief of Police for investigation and approval.
The letter of Carroll B. Beek regarding the regulations effecting
Carroll B.Beek r
dogs was presented and read, and on motion of Councilman Whitson, seconded
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dog ordinance
by Councilman Gordon and carried, the City Clerk was instructed to advise the
writer in reference to the matter.
The communication of City Engineer Patterson in connection with the
N t Herb Realt
p y..:
request of the Newport Harbor Realty Board for information regarding the water
Board - water
needs of the City and the cost of joining the Metropolitan Water District, was
needs
presented and read, and on motion of Councilman Claire, seconded by Councilman
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Whitson and carried, the City Engineer was authorized to prepare the necessary
report at a cost of not to exceed $75.00.
The letter of Gerald W. Ritchie requesting a change in the Building
G.W.Ritchie
Code in order to permit the construction of certain type of dwellings in the
building code
Corona del Mar district, was read, and the plans accompanying same were presented
for inspection. On motion of Councilman Claire, seconded by Councilman Gordon
and carried, the Mayor was asked to appoint a committee to investigate the matter
and report. Whereupon Mayor Williamson appointed Councilmen Gordon and Brown as
a committee for the purpose.
G. L. Bates et al
George L. Bates presented a letter requesting that the matter of the
3 6th Street
removal of the 36th Street bridge be reopened in order to hear their representative
Bridge
in open Council. The Council was addressed by Mr. Bates, Dr. C. Smith, George
Watson, Harry Estus and others and the question of constructing a foot bridge
across the Rivo Alto for the benefit of those opposing the removal of the bridge,
was suggested, the City Engineer presenting estimates of cost of said construction.
Councilman Gordon moved that in view of petitions presented for and against the
proposition, the matter should be laid on the table until the'next meeting of the
Council. The motion was seconded by Councilman Whitson and carried.
H.W.Seager
The letter of Dr. Howard W. Seager in relation to the construction of
&
groynes in connection with piers around Balboa Island and the mooring of boats at
groynes piers
Balboa Island
the public piers, was presented and read, and on motion of Councilman Claire,
seconded by Councilman Gordon and carried, sections I and 2 of the letter in
regard to groynes and dredging was referred to the City Engineer and section 3
relating to the mooring of boats was refe red to the Harbor Master.
Properties Inc.
The communication of John Sheroe Harris. of Properties Incorporated,
crossing Ocean
was presented and read, same being in relation to the crossing of Ocean Blvd.
in Corona del Mar in order to reach residences proposed to be built on the bluff
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Blvd., CDM
section of that district. On motion of Councilman Claire, seconded by Councilman
Gordon and carried, the letter -was referred to the City Attorney for report at
the next meeting of the Council.
UNFINISHED BUSINESS
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The matter of the application of the Balboa Yacht Club set over from a
Balboa Yacht
previous meeting of the City Council, was brought up for consideration, the
Club - floats
detailed report of City Engineer Patterson was presented and read, together with
etc.
the communications of Attorney Grainger Hyer and Frank A. Andrews. Considerable
discussion was had on the subject, the Council being addressed by Attorney Hyer,
Commodore Bish of the Yacht Club and Dr. Howard W. Seager, who submitted several
photographs showing the present condition of the Yacht Club's existing piers and
floats, the basis of objection being the precedent that might attach in case of
future applications for similar installations around Balboa Island.
After some delifreration and on instructions from the City Attorney that
any permit issued to the Balboa Yacht Club for the construction, or installation
of piers, floats or moorings of any kind, there must be incorporated therein, the
stipulations and recommendations of the City Engineer, and -'said permit shall be
granted only to the owners of the real property and jointly with the Balboa Yacht
Club as tenants.
At this juncture Councilman Brown stated that in view of the numerous
signers, from various parts of the Island, protesting the granting of the'permit,
he felt th he should vote no on the question, but would do so without prejudice;
whereupon was moved by Councilman Gordon that the permit be granted, but only
in accordance with the provisions as outlined by the City Attorney and subject to
any and all restrictions and regulations in connection with such structures,- The
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motion was duly seconded by Councilman Whitson and carried by the following vote,
to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
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NOES: Councilman Brown.
ABSENT: Councilmen None.
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NEW BUSINESS
Mayor Williamson presented the matter of Insurance on the City dredge,
and on motion of Councilman Gordon, seconded by Councilman Brown and carried,
the Public Liability of the policy was accepted, a demand in the sum of $250.00
for the premium on same was allowed and warrant ordered drawn for same; other
insurance contained in the policy was ordered cancelled and returned.
Resolution No. 1577. WHEREAS, J. B. STEEL and JANET C. STEEL, husband
and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $550.00
for Lot 2, Block 238, Corona del Mar, in the city of Newport Beach, as shown on
Map recorded in Book 3, page 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 $550.00; 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 said
J. B. Steel and Janet C. Steel, husband and wife, for the sum of $550.00, free
and clear of all encumbrances, bu '0ject to the taxes for the fiscal year 1939 -40
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 $55.00 be paid to H. Cardoza
Sloan, as and for his commission for the negotiating of the sale of said real
property to J. B. Steel and Janet C. Steel, 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 realtot 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 13th day of March, 1939 by the
following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES, Councilmen None.
ABSENT: Councilmen None.
Resolution'No. 1578, being A RESOLUTION APPROVING MAP SHOWING A PORTION
OF A CERTAIN STREET, AND PORTIONS OF CERTAIN ALLEYS, AND CERTAIN ALLEYS IN THE
CITY OF NEWPORT BEACH, PROPOSED TO BE CLOSED UP AND ABANDONED, was presented,
whereupon it was moved by Councilman Claire, seconded by Councilman Whitson that
said map be approved, and the resolution was adopted by the following vote, to -wit
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
ABSENT: Councilmen None.
Resolution No. 1579,'being A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT
OF A PORTION OF A CERTAIN STREET, AND PORTIONS OF CERTAIN ALLEYS, AND CERTAIN
ALLEYS, IN THE CITY OF NEWPORT BEACH, AS FOLLOWS: A PORTION OF CARNATION AVENUE:
A PORTION OF ALLEY I14 BLOCK °B" TRACT 470: AN ALLEY IN BLOCK R, TRACT 323; AN
ALLEY IN BLOCK B, TRACT 323: DECLARING IT TO BE FOR THE PUBLIC INTEREST AND
CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED
IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE
AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE
DAMAGES, COST AND EXPENSES THEREOF, was presented. Whereupon it was Ooved by Coun-
cilman Claire, seconded by Councilman Whitson that said resolution be adopted, and
the resolution was adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
ABSENT: Councilmen None.
An ordinance was presented;: being.an:.ordinance•in connection with an
Agreement Further T- Modfying Agreement previously Modified between the City of
Newport Beach and the Hamasi Corporation. The motion for adoption was made by
Councilman Whitson, seconded by Councilman Claire and the ordinance was lost
by the following vote, to -wit:
AYES: Councilmen Whitson, Brown.
NOES: Councilmen Gordon, Claire, Williamson.
ABSENT: 'Councilmen None.
203
Insurance on
City dredge
Res. 1577
sale of lot to
J.B.Steel et ux
Res. 1578
approving map
for aband. of
certain streets
& alleys
Res. 1579
Resolution of
intention of
abandoning
certain sts &
alleys.
Hamasi Corp.
agreement
On motion of Councilman Whitson, seconded by Councilman Claire and Underpasses in
carried, the City Engineer was instructed to confer with the State Highway Corona del Mar
Commission in regard to the construction of at least three underpasses under
the State Highway in the Corona del Mar District at the�time the widening of
the same is being done:
Councilman Claire moved the adoption of a resolution, being a resolution Res. 1580
authorizing the Mayor and City Clerk to execute on behalf of the City of Newport contract with
Beach, a contract with E. V. S. Pomeroy for the purchase of garbage collected by E.V.S.Pomeroy
the City. The resolution was designated Resolution No. 1580, the m6t16h:for
adoption being 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.
It was
moved by Councilman Gordon, seconded by Councilman
Claire and
Removal of
carried that the
City Engineer be authorized to remove 500 yards of
earth under
dirt.
his instructions,
from Sm=.ltzer Avenue, Newport Heights.
It was
moved by Councilman Gordon, seconded by Councilman
Claire and
G.A.Axelson
carried that the
application of G. A. AxelBon for a permit to construct a pier
pier permit
and slip float fronting on Lot 1, Block 3, Section 2, Balboa Island
be referred
to the Committee
of the whole.
20
Roll Call
ADJOURNMENT
It was moved by Councilman Claire, seconded by Councilman Gordon and
carried that an adjournment be taken to 7P30 o'clock P. M. Monday, March 20, 1939.
A ROVED:
City Clerk
ilman
Vii/ /
incilman
Newport Beach, M;
The City Council of the City of Newport Beach
session in the Council Chambers at the City Hall in the
above date with Mayor Williamson presiding.
The roll was called, the following Councilmen
Claire, Whitson, Brown, Williamson. Absent: Councilmen
inch 20, 1939=
met in regular adjourned
City of Newport Beach on
answering present: Gordon,
None.
REPORTS OF SPECIAL COMMITTEES
Building Code Councilmen Gordon and Brown; the Committee appointed by Mayor Williamson
to investigate and report on the request of Gerald W. Ritchie for an amendment to
the Building Code in order to permit single wall construction for an area not to
exceed 750 square feet, recommended that no change be made in the building restric-
tions, and on motion of Councilman Claire, seconded by Councilman Whitson and
carried, the report was accepted and ordered filed.
Otto Momm
refund on water
meter
H.E.Bechtold
locating bldg.
Establishment
of Yacht Clubs
Mooring small
boats
Bender &
Cullinan
purchase of lot
COMMUNICATIONS
The letter of Otto Momm requesting the return of a Twenty Dollar deposit
on a water meter, was on motion of Councilman Brown, seconded by Councilman Gordon
and carried, referred to the Water Superintendent.
The letter of Henry E. Bechtold asking for.permission to locate a build-
ing on County property within the City limits, was on motion of Councilman Whitson,
seconded by Councilman Gordon and carried, referred to the Building Inspector.
Frank A. Andrews presented a request that Ordinance No. 440 be amended
in order to prohibit the establishment of Yacht Clubs in an R -1 or R -2 zone, and
on motion o n
f Coucilman Claire, seconded by Councilman Whitson and carried, the
request was referred to the Planning Commission and the City Attorney.
The report of the Harbor Master regarding the mooring of small boats
at the sides of public piers, particularly on Balboa Island, was presented, and
read, and on motion of Councilman Whitson, seconded by Councilman Gordon and
carried, the report was accepted and a copy of the report ordered mailed to
Dr. H. W. teager, who in a letter to the Council advocated that the small boats
should be permitted that privilege.
The communication of Bender and Cullinan regarding the purchase or
sale of Lot 19, Block J, Tract 516, was presented, and on motion of Councilman
Claire, seconded by Councilman Whitson and carried, the City Attorney was instruc-
ted to offer the writers the sale of same by the City for $300.00.
MINUTE RESOLUTION REGARDING ADOPTION OF PIER PLAN
Councilman Brown moved the adoption of a resolution, being a resolution
Min. Res. adopting Standard Plan No. 1052 as revised and effecting the construction of piers
Pier Plan and floats on the southerly shore easterly from the southerly end of Turquoise
Avenue to the easterly end of Balboa Island. The motion was duly seconded by
Councilman Whitson and the resolution 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 above and foregoing resolution was passed and adopted by the
City Council of the City of Newport Beach t an adjo ned regular meeting thereof
held on the 20th day of March, 1939• _= )
ity Clerk of the City of Newport Beach
UNFINISHED BUSINESS
E_,.,
The City Attorney having approved the application of
L.K.Whittier to construct a pier fronting on Lot 23, Block P, Tract 516, the
pier permit motion of Councilman Whitson, seconded by Councilman Gordon and
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L, K. Whittier •
same was on
carried, allowed.