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HomeMy WebLinkAbout10/15/1945 - Adjourned Regular Meeting322 October 15, 1945 The City Council of the City of Newport Beach met in adjourned 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: Reed absent Allen, Isbell, Hall, Stanley. Councilman Reed was absent. • The Mayor asked if any of the Councilmen or anyone in the audience wished the minutes of the previous meeting, or any part thereof, read; no one responded and the reading of the minutes was dispensed with. REPORTS OF SPECIAL COMMITTEES: Extension of lease The Committees appointed by Mayor Hall to_ investigate and report granted to McCullah on the application of McCullah Brothers for an extension to their lease on ' Bros. the Newport pier for carrying passengers to and from their fishing barge advised that the applicants had rendered splendid service to the public, had met their obligations to the City promptly, found no complaints from any source and recommended that their application for an extension of lease be granted. Councilmena Stanley suggested that a 11rcentage basis with a guarantee to the City would be preferable to a head tax on passengers handled. On motion of Councilman Isbell, seconded by Councilman Stanley the report of the committee was accepted, whereupon Councilman Isbell moved that a committee be appointed to work details on a percentage basis with McCullah Brothers ' the motion was seconded by Councilman Allen and carried, and Mayor Hall appointed Councilmen Allen, and Stanley as the Committee. REPORTS OF STANDING COMMITTEES: None. Regular order c On motion of Councilman Allen, seconded by Councilman Stanley and business changed to carried, the regular order of business was changed incrder to open the bids • open bids. submitted for the material and installation of the water pipe line from Balboa Island to the Bay bridge, whereupon the Clerk proceeded to open and read the bids submitted, which were on motion of Councilmen Allen, seconded by Councilman Isbell and carried, referred to the City Engineer for checking and report. Business resumed. On motion of Councilman Allen, seconded by Councilman Isbell and carried, the regular order of business was resumed. COMMUNICATIONS: Application of Samuel The application of Samuel E. Wagus for a veterans exempt license " E. Wagus, denied. for picking up dry cleaning and pressing was on motion of Councilman Isbell, seconded by Councilman Allen and carried, denied. Application of Geo. The application of George Rawlins for permission to install Rawlins for permission anchor and float at the foot of Turquoise Avenue, Balboa Island, was on to install float motion of Councilman Isbell, seconded by Councilman Allen and carried, Laid on the Table. Laid on the Table. The letter of Kate McCann complaining of a violation of the ' Letter of Kate McCann zoning ordinance was presented and after some discussion of the question complaining of viola- in which the City Attorney ruled in the matter, it was moved by Councilman tion of zoning, filed. Allen, seconded by Councilman Isbell and carried, that the letter be filed. The application of Ray Ainsworth for a franchise on the Balboa - Application of Ray pier to operate speed boats was on motion of Councilman Isbell, seconded by Ainsworth for a fran- Councilman Allen and carried, referred to a committee, Mayor Hall chise on Balboa pier appointing the same committee handling the Newport pier matter. referred to Committee. The request of the Newport Beach Grammar School for a deferment of payment of a certain sum due the City for payment for the installation Request of NB Grammar of sewers until January 1, 1946, was on motion of Councilman Isbell, School for deferment of seconded by Councilman Allen and carried, granted. payment granted. City Engineer Patterson reporting on the bids submitted for the construction of the water pipe line from Balboa Island to the Bay Bridge Installation of water advised that the bid of Tom L. Gogo was the lowest bid submitted forthe line awarded to Tom L. installation of the line and recommended that same be awarded, whereupon Gogo. Councilman Allen moved the adoption of a resolution authorizing the Res. No. 3247 Mayor and City Clerk to execute on behalf of the City the necessary contract • for said work. The motion was duly seconded by Councilman Isbell, the res- olution designated Resolution No. 3247 and was passed by the following roll call vote to wit: AYES, COUNCILMEN., Allen, Stanley, Isbell, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Reed Furnishing material City Engineer Patterson advised that the bid of the American Pipe ' for water line awarded and Construction Company was the lowest bid submitted for furnishing to American Pipe & materials for the construction of the W ter pipe line, and on motion of Const. Co. Engineer Councilman Allen, seconded by Councilman Isbell, and carried, the bid..of authorized to issue the American Pipe and Construction Company was accepted and the City Engineer purchase order. was authorized to issue a purchase order in accordance with the specifications. On motion of Councilman Allen, seconded by Councilman Stanley and Unsuccessful biders' carried, the checks accompanying the bids of unsucessful biders were ordered checks returned. returned. '- The resignation of O. A. Jones as City Judge effective November Resignation of 0. A. 1, 1945, was presented, and on motion of Councilman S anley, seconded by Jones as City Judge Councilman Allen and carried, same was accepted and t�e Mayor was requested accepted. to write a letter of appreciation to the retiring Judge for the splendid service rendered by him while City Judge. Request of Robert The request of Robert Gardiner for reappointment to his position Gardiner for re- appoint- as City Judge to take effect November 1, 1945 was on motion of Councilmen ment as City Judge Allen, seconded by Councilman Stanley and carried, accepted and the appoint- • effective Nov. 1.1945 ment by the Mayor was confirmed, by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Hall, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Reed 0 0 323 A resolution of the Orange County Board of Supervisors requesting Ceremonies to be thatiappropiate ceremonies be observed for Navy Day, October 27th was presented observed for Navy and read and inasmuch as the City had arranged for same, it was moved by Day, Oct. 27 Councilman Isbell, seconded by Councilman Stanley and carried, that the resolution be filed with the approval of the sentiments therein. UNFINISHED BUSINESS This being the time set for the hearing continued from the last meeting of the Council in connection with a resolution of the Planning Commission recommending an amending to Zoning Ordinance No. 525 realting to the keeping of certain lire stock within the City limits, the Clerk advised that no protests had been filed, whereupon the Mayor asked if any one in the audience wished to be heard in the matter, no one responded, and on motion of Councilman Allen, seconded by Councilman Isbell and carried, the hearing was ordered closed, whereupon Councilman Isbell introduced and moved that an ordinance, amending Ordinance No. 525 as recommended by the Planning Commission be passed to the seconded reading. The motion was duly seconded by Councilman Allen and the ordinance was passed to the second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Isbell, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed This being the time set for the hearing, continued from the last meeting of the Council, in connection with a resolution of the Planning Commission recommending a change in set back regulations from ten to three feet effecting the east side of 38th street between Marcus and Channel Place and that Ordinance No. 525 be amended accordingly. The Clerk advised that no protests had been filed whereupon the Mayor asked if any one in the audience wished to be heard in the matter, no one responded, and on motion of Councilman Allen, seconded By Councilman Isbell and carried, the hearing was ordered closed and the City Engineer instructed to make the necessary changes in the diagram of the Zoning Ordinance. Amendment of Ord. 525 re: live stock passed to second reading. Amendment of Ord. 525 re: set back regulations. NEW BUSINESS Councilman Allen moved the adoption of a resolution, being a Res. No. 3248 resolution authorizing the Mayor and City Clerk to execute on behalf of Renewal of lease the City of Newport Beach a renewal of lease to Harvey Bear covering to Harvey Bear. 34 acres of City owned land, the motion was duly seconded by Councilman Stanley, the resoluthn designated Resolution No. 3248 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Isbell, Stanley_ NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed A petitionpresented by residents north of the Coast Highway Petition presented In Corona del Mar requesting that sanitary sewers be installed in that by owners in CDM district was on motion of Councilman Allen, seconded by Councilman to install sewers Isbell and carried, referred to the City Engineer, together with all peC.tions presented for sewer construction. Councilman Allen moved the adoption of a resolution, being a Quit claim deed to resolution authorizing the Mayor and City Clerk to execute on behalf of Earl R. Abbey, et ux the City of Newport Beach, the following quitclaim deed to the following party and covering the following described property: Earl R. Abbey and Lot 10, Block 329 Helen P. Abbey Corona del Mar The motion was duly seconded by Councilman Stanley and the resolution adoped by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Hall, Isbell NOES, COUNCILMEN: none ABSENT, COUNCILMAN: Reed City Attorney Thompson presented for final passage and read in Ord- 539 passed full an ordinance being an ordinance amending certain sections of ordinance amending certain No. 389 relating to the moving into the City of Newport ,Beach any building sections or Ord. 389 or structdres from outside the corporate limits of the Oity. Councilman Isbell moved the adoption of the ordinance which was duly seconded by Councilman Allen, designated Ordinance No. 539 and was passed by the ' following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Stanley, Isbell NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed City Attorney Thompson presented a resolution being a resolution Res. No. 3249 offering the City of Newport Beach a certain sum of money for its right, Offer to the City fua title and interest in Lots 1, 21 3, and 4, in Block 337, of Canal Section. lots 1020,4 Bl. 3378 After.some discussion of the matter, it was moved by Councilman Stanley that Canal. Accepted ' the offer be accepted and that the Mayor and City Clerk be authorized to sign a certain stipulation in connection with the matter. The motion was duly seconded by Councilman Allen, the resolution designated Resolution No. 3249 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Isbell, Stanley NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed City Attorney Thompson presented a resolution, being a resolution Res. No. 3250 authorizing the City Attorney to bring all necessary actions for the recovery Recovery of money of a certain sum of money for the City of Newport Beach in connection with a involving bond bond transaction involving the sale of Lot 16, Block 9, Section 1, Balboa transaction. Island to one Fred D. Kyle by the Commissioner, which was explained in 3'24 detail by the City Attorney, whereupon Councilman Allen moved the adoption of the resolution which was duly seconded. by Councilman Stanley, the resolution designated Resolution No. 3250 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Stanley, Isbell NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed Res. No. 3251 Councilman Stanley moved the adoption of a resolution, being Quitclaim deed a resolution quit - claiming to Marykla M. Pattison by the City of Newport Marykla M. Pattison Beach a deed to Lots 2 and 4, Block 432, Corona del Mar. The motion was duly seconded by Councilman Allen, the resolution designated Resolution No. 3251 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Stanley, Isbell NOES, COUNCILMEN: None ABSENT, COUNCILMAN: Reed Application of H. C. The application of Heber C. Ericxson for persmission to install Ericsxon in install pier and float fronting on Lot 876, Tract 507, Lido Isle, having been pier granted. approved by the City Engineer was on mothn of Councilman Allen, seconded by Councilman Isbell and carried, granted. MINUTE RESOLUTION Deed of Easement to City Engineer Patterson presented a communication from the the State of Calif. California Division of Highways with a sketch showing a proposed Easement to be granted by the City of Newport Beach to the State of California, together with a Right of Way Contract detailing certain proposed improvements to be made by the State, whereupon Councilman Allen 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 Deed of E sement to the State of California conveying certain City owned lands as described in said Easement Deed. The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Hall, Isbell, Stanley NOES, COUNCILMz N: None ABSENT, COUNCILMAN: Reed Hearing to be had on Councilman Isbell reported on the meeting with the Coastal Water connecting with Met. District and advised that it was the consensus of opinion of the Directors Water District. of the District that the City of Newport Beach should go in as a member city of the Metropolitan Water District, and moved that the Mayor arrange for another hearing on the matter, the motion was seconded by Councilman Allen and carried. Report on the Councilman Stanley reported on the acquisition by the State acquisition by the Park Commission of a certain area in Corona del Mar designated for such State Park Comm. in purpose and advised the rescinding of any and all building permits in CDM said area pending the State Park Commission's action in the matter. Council addressed by There was considerable discussion of the question, several Carl Monahan regarding suggestions being offered by the City Attorney for taking care of the proposed Park situation by condemnation of certain property proposed to be built upon, also the City's liability was brought up. The Council was addressed by Carl Monahan on the subject. A motion by Councilman Stanley for the City Attorney to start condemnation proceedings on property proposed to be utilized for State Park use died for lack of a second. H. E. Christler H. E. Christler address the Council on matters pertaining to addressed Council. - Sea Scout activity. Sea Scout's. ADJOURNMENT On motion of Councilman Isbell, seconded by Councilman Allen, and carried an adjournment was taken Sine Die. CounclTian—- Councilman ATTEST: ouncilman 41ty Clerk ° 0 n 0