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HomeMy WebLinkAbout10/23/1939 - Adjourned Regular MeetingNM Newport Beach, October 23, 1939• The City Council of the City of Newport Beach met in adjourned regular session in the City Council Chambers at the City Hall in the City of Newport • Roll call. Beach on above date with Mayor'Williamson presiding. The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown,'Williamson. Absent: Councilmen None. ' REPORTS OF SPECIAL COMMITTEES REPORTS OF STANDING COMMITTEES Chas.Sandquist Councilman Claire reporting on the application of Charles and Laura boat anchorage Sandquist for anchorage for the schooner 'Lottie Carson' stated that more time was necessary to go into the matter. Cementing Hay The committee reporting on the matter of the request of certain property Front. owners on the Bay Front between Island and Alvarado Streets to have the Bay Front revetment cemented, advised that the Committee recommended the placing of three groynes in that area and to fill same with dredging instead of rocks and cement. Councilman Whitson objected to the method, however on motion of Councilman Claire, seconded by Councilman Brown, the City Engineer was instructed to proceed with the project in accordance with the Committee's recommendation, the motion being carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Brown, Williamson. NOES: Councilman Whitson. ABSENT: Councilmen None. COMMUNICATIONS L.Goodman The application of Louis Goodman for the live bait concession on the bait proposed new Newport pier, was on motion of Councilman Whitson, seconded by concession Councilman Gordon'and carried, ordered filed. H.B.Mosheras The inquiry of H. B. Mosheras as to City water frontage for lease lease inquiry for yacht moorings, was on motion of Councilman Claire, seconded by Councilman ' Gordon and carried, referred to the City Clerk with instructions to advise the writer that same was not available. W.B.MacGinitie The request of W. B. MacGinitie for permission to erect a sign at the corner of Carnation Avenue and Coast Hiway, was on motion of Councilman Claire, sign seconded by Councilman Brown and carried, ordered filed and the City Clerk directed to notify the writer to apply to the Building Inspector for the permit. Armistice Day The invitation of the Mayor of Huntington Beach for the Cityof Newport Parade, Huntington Beach to participate in the Armistice Day parade in that City on November 11th, Beach. was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the Committee of the Whole. Halloween parade The invitation from'the City of Anaheim for the Mayor to attend the Anaheim Halloween parade to be held in that City on October 31st, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, referred to the Committee of the Whole. J.A.Flaws The communication of J. A. Flaws regarding the installation of lights on Bay Avenue between 8th and 15th Street was read, Mr. Flaws addressing the lights on Bay Ave. Council about'the matter which was followed by considerable discussion which was indulged in by other residents from that district, the City Council and the City Engineer, there being much opposition to the plan advocated by Mr. Flaws. On motion of Councilman Whitson, seconded by Councilman Gordon and carried, the City Clerk was instructed to contact a representative of the Edison Company for the purpose of meeting with the residents of the E1 Bayo Tract in connection with the matter. UNFINISHED BUSINESS Removal of Palm tree City Engineer Patterson presented an estimate of the cost of removing a certain Palm tree at the corner of Bay Avenue and Alvarado Place, the removal ' of said tree being requested by Mrs. Nannie Ott Leonard. On motion of Council- man Claire, seconded by Councilman Gordon and carried, the City Engineer was authorized to proceed with the work of removing said tree. City Engineer Patterson presented a report of the Newport and Balboa City Engineer's Ocean Piers as follows: Report on Balboa Pursuant to your instructions I have prepared preliminary plans and • and Newport Pier estimates for the construction and re- construction of the ocean piers located projects. at Main Street in Balboa, and at McFadden Place in Newport. Balboa Pier. The preliminary plans provide for the removal of.the existing structure 770 feet in length and the construction of a new pier starting at a point 233 feet southerly of the south line of the walk -way along Surf Avenue, and extending approximately 920 feet oceanward with a depth of 30 feet of water at low tide at the outer end. The main section of the pier will be 24 feet in width. The tee at the ocean end will be 66 feet in width for a length of 80 feet. Two intermediate sections will have a width of 40 feet for a length of 40 feet and 20 feet. The pier will be of wooden construction with with creosoted wooden piling. A concrete slab 32 inches in thickness will be constructed on the deck. The hand rail will be galvanized iron pipe. Light- ing facilities, water pipes and benches will be included. The plan provides for the construction of a building at the ocean end to provide for live bait, toilet facilities, and observation platform for yacht races. A cement concrete walk -way 30 feet in width will connect the walk -way on Surf Avenue with the shore end of the pier. Newport Pier. The preliminary plans provide for the removal of the existing structure and the construction of a pier 1,083 feet in length with a depth of 30 feet of water at the ocean end. The length of this pier is practically the same as the old pier which was destroyed by the storm of ' September 24th. The first 500 feet of the pier will have a width of 24 feet. The outer portion will be 30 feet in width with a tee at the ocean end with a width of 66 feet for a length of 80 feet. The pier will be of wooden construc- • tion on creosoted wooden piling. A wooden hand rail will be constructed on the first 500 feet and a combination guard rail and bench for fishermen will be Harry H. Williamson Mayor of the City of Newport Beach ATTEST: Frank L. Rinehart City Clerk of, the city of Newport Beach. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH j I, Frank L. Rinehart, City Clerk of the City of Newport Beach, do hereby certify that the full number of members of the City Council of the City of Newport Beach is five;. that the foregoing resolution was duly adopted by said City Council by a vote of more than two - thirds of the members thereof and approved by,the Mayor of said City at an adjourned regular meeting thereof duly held on the 23rd day of October, 1939, and that it was so adopted 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 of the city of Newport Beach. An Ordinance was presented, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING, CALLING AND PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH, ON TUESDAY, THE 5TH DAY OF DECEMBER, 1939, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL' IMPROVEMENTS. The ordinance was read in full and on motion of Councilman Claire, seconded by Councilman Gordon, same was passed to the second reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1664 -A. WHEREAS, there has this day been presented to ' the City Council of the, city of Newport Beach a certain agreement by and between the City of Newport Beach as the party of the first part and O'Melveny & Myers, a co- partnership, as the party of the second part, which agreement is dated October 30th, 1939; and • WHEREAS, said agreement provides that the first party retains the second party forthe purpose of having the party of the second part check, assist and advise in relation to all proceedings of the party of the first part regarding 2603 Res. 1664 declaring necessity of reconstruction of piers. First reading of Ordinance calling for Special Elec- tion. Res. 1664 -A Agreement with O'Helveny & Myers. constructed on the outer portion.. A boat landing will be located on the easterly side of the pier at the outer end. The plan provides for lighting, water pipe line, benches, etc. • Estimate of Cost: Balboa Pier Construction Cost $60,700 Incidental Expense 4,000 $64,700 Newport Pier Construction Cost $60,200 Incidental Expense 4,000 64,200 Total Cost of Project 12 ,900 Respectfully submitted, R. L. Patterson City Engineer C\1 It was moved by Councilman Claire, seconded by Councilman Gordon and carried that _ the report of the City Engineer be accepted. c* Resolution No. 1664, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, DETER16INING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND CONSTRUCTION OF A MUNICIPAL IMPROVEMENT, TO -WIT: THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF TWO PUBLIC PIERS, INCLUDING THE • RECONSTRUCTION AND EXTENSION OF THE EXISTING PIERS INTO THE WATERS OF THE PACIFIC OCEAN, INCLUDING BUILDINGS AND STRUCTURES NECESSARY OR CONVENIENT FOR SAID PROJECT. The City Council of the City of Newport Beach in Orange County, California, does resolve and determine as follows: Section 1. That the public interest and necessity demand the acquisition and construction by said city of a municipal 'improvement, to -wit: The acquisition, construction and reconstruction of two public piers, including the reconstruction ' and extension of the existing piers into the craters of the Pacific Ocean, including buildings and structures necessary or convenient for said project. That said municipal improvement is necessary and convenient to carry out the objects, purposes and powers of the City of Newport Beach. That the estimated cost of said proposed municipal improvement is the sum of $130,000.00; that the cost of said proposed municipal improvement is and will be too great to be paid out of the ordinary annual income and revenue of said city. Section 2. That the City Clerk shall certify to the passage and adoption of this resolution, and shall cause the same to be entered in the book of resolutions of said City of Newport Beach, and shall make a minute of the passage and adoption thereof in the minutes of the meeting of said City Council at which the same is adopted. PASSED, ADOPTED AND APPROVED this 23rd day of October, 1939• Harry H. Williamson Mayor of the City of Newport Beach ATTEST: Frank L. Rinehart City Clerk of, the city of Newport Beach. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH j I, Frank L. Rinehart, City Clerk of the City of Newport Beach, do hereby certify that the full number of members of the City Council of the City of Newport Beach is five;. that the foregoing resolution was duly adopted by said City Council by a vote of more than two - thirds of the members thereof and approved by,the Mayor of said City at an adjourned regular meeting thereof duly held on the 23rd day of October, 1939, and that it was so adopted 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 of the city of Newport Beach. An Ordinance was presented, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING, CALLING AND PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH, ON TUESDAY, THE 5TH DAY OF DECEMBER, 1939, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL' IMPROVEMENTS. The ordinance was read in full and on motion of Councilman Claire, seconded by Councilman Gordon, same was passed to the second reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1664 -A. WHEREAS, there has this day been presented to ' the City Council of the, city of Newport Beach a certain agreement by and between the City of Newport Beach as the party of the first part and O'Melveny & Myers, a co- partnership, as the party of the second part, which agreement is dated October 30th, 1939; and • WHEREAS, said agreement provides that the first party retains the second party forthe purpose of having the party of the second part check, assist and advise in relation to all proceedings of the party of the first part regarding 2603 Res. 1664 declaring necessity of reconstruction of piers. First reading of Ordinance calling for Special Elec- tion. Res. 1664 -A Agreement with O'Helveny & Myers. ME a certain bond election to be called by the party of the first part, and to have the party of the second part render an opinion concerning the validity of said bonds after the same shall have been issued; and WHEREAS, the City Council of the City of Newport Beach deems that it • is for the best interests of said city that said second party be retained by the first party for the purposes above set forth, and that the compensation to be paid the party of the second part for said services is in all respects fair, , just and adequate. NOW, THEREFORE, BE._IT RESOLVED: That the Mayor and City Clerk be authorized, directed and instructed to execute said agreement in the name of and on behalf of the city of Newport Beach and that the City Clerk deliver a duly executed copy thereof to the party of the second part. 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 23rd day of October, 1939, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. J.A. Beek The matter of the application of J. A. Beek for an extension of lease extension of for the purpose of enabling prospective home builders of the Beacon Bay Tract lease. to secure FHA loans, was brought up after being laid over from a previous meet- ing. Earl Stanley addressed the Council regarding the matter, but on motion of Councilman Whitson, seconded by Councilman Claire and carried, same was laid on the table. NEW BUSINESS Railway Com. The City Attorney presented a report from the State Railway Commission abandonment concerning the abandonment of certain lines of the Pacific Electric Railway of certain System, and on motion of Councilman Claire, seconded by Councilman Brown and PE Railway. carried, the report was ordered filed for further study by interested parties. Resolution No. 1665. WHEREAS, DON H. LEBO and CELESTINE M. LEBO, Res. 166 husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum ' sale of lots of $200.00 for Lots 11 and 13, Block 742, Corona del Mar, as shown on Map to Don H. recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange Lebo et ux. 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 interestsrof said City that said property be sold for the said sum of $200.00; 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 Don H. Lebo and Celestine M. Lebo, husband and wife, for the sum of $200.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1939 -40 and unpaid improvement assessments of record. Also subject to condtions, 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 $20.00 be paid to F. L. Andrews, as and for his commission for the negotiating of the sale of said real property to Don H. Lebo and Celestine M. Lebo, 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 23rd day of October, 1939, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. ' NOES: Councilmen None. ABSENT: Councilmen None. John & Wade The -City Engineer having filed a report -accepting the work of John demand for and Wade, Incorporated, for'the re- roofing of the Corona del Mar Water Reservoirs • re- roofing Nos. 4 and 5, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, approved, the demand for said work allowed and warrant ordered drawn for same. Vance Roof.Co. The City Engineer having filed a report accepting the work of Vance demand for Roofing Company for the work of re- roofing the City Hall, was on motion of reroofing Councilman Claire, seconded by Councilman Whitson and carried, approved, the demand for said work allowed and warrant ordered drawn for same. PLANNING COMMISSION Granting Resolution No. 159 of the City Pl&hning Commission recommending that variance to a variance be granted to Robert L. and Jean W. Carroll on Lot 363, Tract 907, R.L.Carroll Lido Isle, was presented, and on motion of Councilman Claire,- seconded by Councilman Gordon the recommendation.of the Planning Commission was approved by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Granting Resolution No. 160 of the City Planning Commission recommending that variance to a variance be granted to Margaret Gibson on Lot 1, Block 432, Canal Section, ' M.Gibson was presented, and on motion of Councilman Claire, seconded by Councilman Gordon the recommendation of the Planning Commission was approved by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson, NOES: Councilmen None. ABSENT: Councilmen None. 0 i G Q • • J E City Engineer Patterson presented a map showing the proposed plan of the Southern California Edison Company for underground installation in a certain Balboa area. The question of service connections was brought up, and after some discussion regarding the subject, it was moved by Councilman Whitson, seconded by Councilman Gordon and carried, that same be laid on the table until the Southern California. Telephone Company, jointly interested in the project, could be contacted in the matter. ADJOURNMENT It was moved by Councilman Claire, seconded by Councilman Gordon and carried, that an adjournment be taken to 7:30 o'clock p. m., Monday, October 30, 1939• AP OVED: y Clerk Councilm Councilman i /filiL �ilman Newport Beach, October 30, 1939• NM Edison Co. underground installation. The City Council of the City of Newport Beach met in adjourned regular session in the City Council Chambers at the City Hall in the City of Newport Beach 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 None. REPORTS OF STANDING COMMITTEES Councilman Claire reporting on the matter of installing dolphins'for the mooring of fishing barge 'Mindanao', recommended that a rental of twenty dollars per month be charged for the use of same. The matter of the schooner 'Lottie Carson', whose owners had requested mooring facilities from the City, was brought up, it was moved by Councilman Claire, seconded by Councilman Gordon and carried, that the City Engineer be instructed to contact the owners of the vessel and ascertain what they would be willing to pay for anchorage service. Mayor Williamson brought up the matter of furnishing water to the Motor Yacht 'Vida' now anchored at the County dock, and moved'that a Committee be appointed to contact the Captain of the boat in order to ascertain what charge should be made for the service. The motion was seconded by Councilman Claire and carried, whereupon the Mayor Appointed Councilmen Claire and Whitson as a committee to investigate and report. COMMUNICATIONS The letter of ornamental lights man Claire, seconded table. The letter of ornamental lights man Claire, seconded table. of in by of in by L. T. Kingsbaker protesting the proposed installation the E1 Bayo Tract, was'read, and on motion of Council - Councilman Whitson and carried, same was laid on the Paul J. Howard, protesting the proposed installation the E1 Bayo Tract, was read, and on motion of Council - Councilman Whitson and carried, same was laid on the The letter of Grainger Hyer regarding the proposed bond election for the purpose of constructing municipal piers, was presented and read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, same was ordered filed. UNFINISHED BUSINESS City Attorney Thompson presented and read in full the ordinance calling an election for the purpose of voting bonds for the construction of municipal piers. After due consideration Councilman Claire moved the adoption of the ordinance, which was designated Ordinance No. 458, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING, CALLING AND PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH, ON TUESDAY, THE 5TH DAY OF DECEMBER, 1939, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROVEMENTS. The motion for the adoption of the ordinance was seconded by Councilman Gordon and same was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Mooring of 'Mindanao° Mooring of °Lottie Carson' Furnishing water to yacht 'Vida' L.T.Kingsbaker protesting lights Paul J.Howard protesting lights Grainger Hyer bond election Ordinance 488 Calling a Special Bond Election on Dec. 5, 1939