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HomeMy WebLinkAbout11/01/1943 - Regular Meeting" November 1, 1943 The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall at the hour of 4 o'clock p. m. on above date. with Mayor Hall presiding. Roll Call The roll was called, the.following Councilmen answering present: Allen, Isbell, Reed, Kirk, Hall. Absent, Councilmen None. Mayor Hall asked if any member of the Council, or any one in the audience wished the Minutes of the previous meeting of the Council, or any part thereof, read,.no.one.responded and the reading of the Minutes was ' dispensed with. On motion of Councilman Allen, seconded by Councilman Reed and Hering on carried, the regular order of business was suspended in order to take up the oil contract with matter of the oil contract between the City of Newport Beach and D. W. Elliott. D. W. Elliott The City Attorney presented and read in full a resolution in connection with the ggreement between the City of Newport Beach and D. W. Elliott,, whereupon it was uuggested by Councilman Kirk that the background of the matter be gone into In order to bring out the facts in the case, which Mayor Hall proceeded to do by reciting the history from the proceedings of the Planning Commission and the ' Council hearings on the subject at which no one appeared in protest. Councilman Kirk pointed out that the changes.in the zoning ordinance provide that there would be no slant drilling east of 53rd Street. A letter from Attorney R. C. Mize addressed to Ralph Maskey reviewing the proposed contract between the City and D. W. Elliott was read by the Clerk after which a petition bearing upwards of six hundred names was presented, together with letters from Marion W. Lusch and George C. Woods, protesting the entering into the contract with D. W. Elliott to permit slant drilling for oil in the City. Ralph Maskey addressed the Council stating the danger of further expansion of oil development in the City, the City Attorney being asked if it were not possible for other parts of the City to be exploited for oil and he explained what steps would be necessary for such an event. Councilman Kirk read a resolution from the Petroleum Geologist reciting the recessity for an increased production of oil, whereupon Councilman Allen suggested that the matter be placed on the ballot at the next City election for the people to decide the question. M. J. DuBarry addressed the Council at length in opposition to Oil development in the vicinity of Seashore Colony district as did others in the audience. Councilman Reed suggested that some action should be taken since the matter might drag on for two years or more, whereupon D. W. Elliott addressed the Council regarding the securing of right of way under ppivate property and read articles pertaining to the question from petroleum publications. Councilman Isbell called attention to the fact that the matter had been discussed at a Chamber of Commerce luncheon at which time there seemed to ' be no opposition to accepting the contract. At this juncture Councilman Allen moved that the proposed contract be submitted to the voters at the April election. The motion died for lack of a second. City Engineer Patterson explained his version of the matter and gave his reason for voting as he did at the Planning Commission hearings on the question. On motion of Councilman Reed, seconded by Councilman Kirk and carried, the hearing was declared closed. On motion of Councilman Allen, seconded by Councilman Kirk and carried, the petitions were ordered filed. Whereupon City Attorney Thompson presented a Res. 2828 resolution authorizing the Mayor and City Clerk to execute on behalf of the City agreement with agre agre the Contract with D. W. Elliott granting permission for the drilling for oil DIX Elliott under certain conditions westerly of 53rd Street in the City of Newport Beach. The adoption of the resolution was moved by Councilman Reed, seconded by Council- man Kirk, was designated Resolution No. 2928 and was passed by the following vote, to -wit: AYES, COUNCILMEN: Kirk, Isbell, Reed, Hall. NOES, COUNCILMAN: Allen. • ABSENT, COUNCILMEN: None. On motion of Councilman Allen, seconded by Councilman Reed and carried, the regular order of business was resumed. REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read, and on motion of Councilman ' Allen, seconded by Councilman Isbell and carried, the reading of the other reports was dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS ' D.B.Boyden The application of D. B. Boyden for a license for buying fish from aop.for license boats, was on motion of Councilman Allen, seconded by Councilman Reed and carried, denied due to no location being given on the application. The application of Grace A. Harris for license to run a lunch stand Grace Harris in the Estus Bldg., 22nd and Coast Blvd., was on motion of Councilman Allen, license seconded by Councilman Reed and carried, granted subject to the approval of the Health Department. 1__ The application of the Ackerman Boat Company for permission. to Ackerman Boat Co install underground storage for gasoline, was on motion of Councilman Isbell, underground seconded by Councilman Reed and carried, referred to the Fire Commission storage and the Fire Chief for approval. The communication of J. A. Beek regarding certain proposed improve- J.A.Beek • ments in connection with the property formerly owned by the Masonic Homes, property imnr. was presented and redd and the Council was addressed by Mr. Guthire on the subject and on motion of Councilman Allen, seconded by Councilman Kirk and carried, the matter was referred to the City Attorney to take up with the applicant. Smith Bros. A letter from Smith Bros. Boat Works together with a bill for rental pier rental alleged to be due for the pier upon which the Harbor Master's office is located was presented and after considerable discussion of the matter, it was suggested by Councilman Reed that a Committee be appointed to investigate the same, whereupon Mayor Hall appointed Councilmen Allen and Isbell and the City Attorney to meet with Smith Bros. in the matter. The City ]yrineer brought up the matter of the alleged encroachment Encroachment on on City property by the present owners of the McKee property in the vicinity of City property the overhead crossing and on motion of Councilman Kirk, seconded by Councilman Isbell and carried, the same was referred to the City Attorney to take the proper steps in the matter. The letter of Chief of Police Hodgkinson requesting that all lighting lighting restrictions be removed in accordance with Proclamation No. 20 of the United States Army was presented and read, whereupon the City Attorney presented Resolution No. 2929, the adoption of which was moved by Councilman Allen, duly seconded by Councilman Isbell and passed by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. A letter from Fire Chief Crocker recommending certain fees for paid Fees -fire dept call men in the Fire Department, was presented, and on motion of Councilman Kirk, seconded by Councilman Isbell and carried, the recommendation was approved. The letter of Fire Chief Crocker recommending the appointment of James Frost James E. Frost, as Captain in the Fire Department, rating temporary in accordance -opt. -fire dept with the Civil Service Ordinance, was presented and read, and on motion of Councilman Kirk, seconded by Councilman Allen and carried, the appointment was approved. The request of City Engineer Patterson for the employment of certain Employment men in the street, engineering, water and sewer departments, was on motion of various depts. Councilman Allen, seconded by Councilman Reed and carried, granted. The letter of John Sherrod Harris protesting the 10 foot set -back J.S.Harris for certain properties in the Corona del Mar district, was read, and on motion urotest of Councilman Allen, seconded by Councilman Kirk and carried, was ordered filed. UNFINISHED BUSINESS ' Planning Commission's Resolution No. 209 pertaining to and recommending Ordering against amending Zoning Ordinance No. 525 effecting in particular certain bluff hearing on amend properties fronting on Ocean Blvd., was presented and read, and on motion of of zoning ord. Councilman Isbell, seconded by Councilman Reed and carried a public hearing was ordered held on the matter on December 6, 1943- Ordinance No. 528, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH Ord. 528 APPROVING THE ANNEXATION OF HARBOR ISLAND TO THE CITY OF NEWPORT BEACH, was annexation of presented for final passage and on motion of Councilman Allen, seconded by Harbor Island Councilman Isbell and carried, the reading of the ordinance was dispensed with. Whereupon Councilman Allen moved the adoption bf the ordinance, which motion was duly seconded by Councilman Isbell and was passed by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. • NEW BUSINESS The monthly demands having been approved by the Finance Committee, Demands were on motion of Councilman Reed, seconded by Councilman Isbell and carried, allowed and warrants ordered drawn for same. On motion of Councilman Reed, seconded by Councilman Isbell and J.S.B-rrett carried, the demand of J. S. Barrett was allowed and warrant ordered drawn elem nd for same in accordance with the Engineer's report on the sewer contract. ' Resolutions No. 2930 to 2932 were presented, being resolutions Res. 2930 to authorizing the Mayor and City Clerk to execute on behalf of the City of 2Q32. Sale of Newport Beach, grant deeds to the following people and covering the City owned lots following described property sold to them: Res. 2930 Hector L. Gibbons, Jr. et ux Lot 17 and Sly 2 of Lot 19 Blk 637, CDM 4450.00 Price r Res. 2931 Florence Lea Campbell et al Lot 9 and Sally 10 ft of Lot 11, Block 236, Corona del Mar Price $750-00'\ Res. 2932 George L. Andrews et ux NE 20 ft of Lot 11 and SW 20 ft of Lot 13, $lk 236, Corona del Mar Price $750.00 �\ On motion of Councilman Allen, seconded by Councilman Isbell the resolutions were adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. i �; Tree removal The matter of removing certain trees on Balboa Island was brought up and after some discussion of the question it was moved by Councilman Reed, seconded by Councilman Kirk and carried, that the City Engineer be given power to act in the matter. ADJOURNMENT. On motion.of Councilman Allen, seconded by Councilman Reed and carried, an adjournment was taken Sine Die. ATTEST: a ity Clerk �10 I o ° off mayor or e City of Newport Beac 0 J 0 0