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HomeMy WebLinkAbout03/18/1946 - Adjourned Regular MeetingME March 19, 1946 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. The roll was called, the following Councilmen answering present: Allen, Stanley, Isbell, Reed, Hall. 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: Report of Police Chief Chief of Police Hodgkinson, reporting on the matter of an alleged re: removal of fence, violation of the Zoning Ordinance respecting the construction of a fence accepted. at 325 Edgewater Avenue advised that the same had been inspected and ed machines, 2 types that the occupants of the property had been notified to remove the fence. approved by Chief of On motion of Councilman Isbell, seconded by Councilman Allen and carried, Police. the report was accepted. Application of P.J. Chief of Police Hodgkinson reporting on the application of Bird for license to Phillip J. Bird for a license to operate a bus service on certain operate bus service, streets in the City of Newport Beach advised that the license applied denied. Franchise for was predicated on the granting of a permit by the State Railroad necessary. Commission. On a ruling by the City Attorney that a franchise would be necessary to operate the proposed bus service in this City, it was moved by Councilman Isbell, seconded by Councilman Stanley that the Apkn. Of Marion M. application be denied and the Clerk directed to notify the applicant Hitt to operate water that an application for a franchise from the City would be necessary. Committee appointed The Committee appointed to investigate that matter of the to investigate Dr. violation of the 'Home Occupation' provision of the Zoning Ordinance K_eltor, °Home Occupation'by Dr. F. E. Keltor practising dentistry at 2262 Onyx Avenue, advised suggests no action. that the location was a temporary one and that it was debatable as to Report accepted. its being in violation of the 'Home Occupation' section of theZoning for license, ready- Ordinance and it was suggested that no action be taken in the matter made sandwiches, granted at this time. On motion of Councilman Stanley, seconded by Councilman Isbell the report of the Committee was accepted by the following roll Apkn. of J.R.LaPerle call vote, to wit: for license, Frozen AYES, COUNCILMEN: Allen, Isbell, Stanley, Reed, Hall Food and Juice Stand, NOES, COUNCILMEN: None approved. ABSENT, COUNCILMEN: None Several persons The Council was addressed on the above subject by Doris Powers, addressed Council on Hub Powers and Kate McCann, all of whom suggested that a time limit above subject. should be established for the use of residential property for buss ess 'Home Occupations' purposes, and further that the ordinance should be amended in order to clarify the question of 'Home Occupations.' REPORTS OF STANDING COMMITTEES: None 0 COMMUNICATIONS: Apkn. of D. Sharpe The application of Dick Sharpe for a license to install coin - to install coin operat- operated machines in the City of Newport Beach was presented by Attorney ed machines, 2 types Adrian Marks, three different types of machines being specified in the approved by Chief of application. On motion of Councilman Reed, seconded by Councilman Police. Allen and carried, the matter was referred to the Chief of Police and City Administrator Sailors for investigation, whereupon Chief of Police Hodgkinson advised that the machines designated as Type 1 and Type 2, had been investigated and suggested that licenses be granted for same, more time be requested for further investigation of the Type 3 machines. On motion of Councilman Allen, seconded by vouncilman Reed and carried, licenses were granted for the first two types listed in the application. Apkn. Of Marion M. The application of Marion M. Hitt for a license to operate Hitt to operate water a Water Taxi service within Newport Bay with headquarters at 2270 20th taxi service, denied. Street was presented and on a ruling of the City Attorney that a Franchise necessary. franchise from the City would be required it was moved by Councilman Isbell, seconded by Councilman Reed and carried, that the application be denied and that the City Clerk notify the applicant accordingly. Apkn. of Tony LaBono The application of Tony LaBono for a license to conduct a for license, ready- ready -made sandwich service at 2302 Ocean Front, Newport was on motion made sandwiches, granted of Councilman Allen, seconded by Councilman Isbell and carried, granted, subject to the approval of the Health Officer. Apkn. of J.R.LaPerle The application of J. Raoul LaPerle for a license to run a for license, Frozen Frozen Food and Juice stand on the Barrett property, north side of Food and Juice Stand, State Highway 101 was on motion of Councilman Allen, seconded by Council - approved. man Stanley and carried, granted subject to the approval of the Health Officer. Apkn. of Fred. L.Kennedy The application of Fred L. Kennedy to put on a Museum Exhibit to put Museum Exhibit. of Indian Relics at 6902 Coast Highway was presented, the applicant $100.00 per day. Apkn. addressing the Council was informed that the license would be $100.00 withdrawn. per day whereupon the application was withdrawn and on motion of Council- man Allen, seconded by Councilman Isbell and carried, same was denied. Letter from Dept. of The letter From the Department of Public Health of the State Pub. Health of Calif. of California was read together with an attached resolution relating Laid on the Table. to sewage disposal in waters of the State. On motion of Councilman Reed, seconded by Councilman Isbell and carried, same was Laid on the Table. Letter of Judge Gardner The letter of City Judge Gardner advising the condition of for codifying the ord- the need for codifying the ordinances of the City and submitting an inances. Permission offer for doing the work was read, the City Attorney advis'rg that any granted to begin. amendments to the ordinance should be made beforehand. After discussing the matter it was moved by Councilman Stanley, seconded by Councilman Allen that permission be granted to start the preliminary work. 'i�he motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Stanley, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 0 371 Various protests against the re- zoning of certain property Protests against re- in Block P., Tract 518 were presented and on motion of Councilman Isbell, zoning in Bk. P. Tr. seconded by Councilman Allen and carried, were referred to the Planning 518, referred to the Commission. Planning Commission. • The request of property owners in Block 634, Canal Section for the re- zoning of said block from R -2 to C -1 classification was on motion Request of rezoning of Councilman Allen, seconded by Councilman Reed and carried, referred in Blk. 634, Canal, to the Planning Commission. referred to Planning. Tom Henderso -: presented a letter and addressed the Council regarding a permit to moor boats at a location in the vicinity of the T. Henderson presented overhead crossing at the e,:treme west end of the Turning Basin. On letter for hermit to motion of Councilman Reed, seconded by Councilman Allen and carried, the moor boats at Turning request was referred to the City Engineer and Harbor Master for invest- Basin. igation and report at the next meeting. George H. duBarry presented a letter and addressed the Council Letter of Geo. DuBarry at length in regard to acquiring from the City Lot 6, Block N, Seashore to acquire Lot 6, Colony Tract adjoining his property. After some discussion of the Bk. N., Seashore for question in which City Auditor Gant explained the situation, it was $250.00, approved. moved by Councilman Stanley, seconded by Councilman Allen and carried, that the offer of $250.00, being the appraised valuation of the lot, be accepted. 1 The request of Ralph P. Maskey for permission to install a Request of R.P. Maskey bulkhead with Michael Wagner at the end of 28th Street at their own to install bulkhead expense and under the supervision of the City Engineering Department at end of 28th St., was on motion of Councilman Isbell, seconded by Councilman Stanley and granted. carried, granted. The communication of the Chamber of Commerce urging the City Communication of C ofc Council to provide the necessary funds to call an election when the asking Council to Citizens and Voters can decide whether to enter the Metropolitan Water provide funds to call District on the bestterms possible either direct or through the Coast election for joining Water District for the purpose of securing an amply supply of water. Met. !later District. On motion of Councilman Stanley, seconded by Councilman Reed and carried, the matter was referred to City Administrator Sailors to check the petitions which have been circulated in order to call an election at the earliest possible date. City Attorney Thompson advised he would also report on the City Attorney Thompson matter and on motion of Councilman Reed, seconded by Councilman Isbell to check petitions. and carried, same was referred to the City Attorney. A letter from P. A. Dinsmore and addressed to Councilman Letter from P.A. Stanley was read, the letter referred to City owned land in Tract 919 Dinsmore protesting located on the North Channel of the Bay, allegedly donated to the City use of City owned land by James Irvine and protested the use of said land for busimas purposes in Tract 919 for and further that same be kept under the control of the City at all times. business purposes. UNFINISHED BUSINESS: ' City Engineer Webb presented a sketch in connection with the City Engineer presence, request of Nicholas Wagner for the City install a bulkhead fronting on sketch in connection Lots 1 and 2, Block 637, Canal Section together with a letter in with request of Nich reference to the matter from former City Engineer Patterson addressed Wager for City to in- to Ralph Maskey. The situation was explained by the City Engineer, stall bulkhead, Laid Ralph Maskey also addressed the Council on the subject Council on the on the Table. subject. On motion of Councilman Isbell, seconded by Councilman Reed and carried, same was Laid on the Table. The Clerk advised that this was the time set for the hearing, Hearing declared close, continued from the last meeting of the Council, regarding the proposed in connection with annexation of certain property designated as Tract 1136 as described in proposed annexation of the petition presented by George C. Pickering et al. The Clerk also property designated as advised that no protests had been filed protesting said annexation. Tract 1136. Attorney Tom Henderson, one of the petitioners addressed the Council on the matter of the installation of sewers on the property and after some discussion of the matter in which it was agreed as to what extent the City should extend a sewer line for connection with the Tract system, • it was moved by Councilman Reed, seconded by Councilman Allen and carried, the hearing was ordered closed, whereupon; Councilman Allen moved that the ordinance approving the anise xtion Ordinance passed to of certain uninhabited territory contiguous to the City of Newport Beach, second reading. be passed to the second reading. The reading of the ordinance was on motion of Councilman Allen, seconded by Councilman Reed and carried, dispensed with. The motion for passage of the ordinance to the second reading was duly seconded by Councilman Reed, and the ordinance was passed to the second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The petition presented by Earl and Mildred Stanley for the Res. of Intention No. annexation of certain uninhabited territory contiguous to the boundaries 3304. Re: annexation m ' of the City of Newport Beach was brought up for consideration, same having been approved the by Planning Commission and on motion of Councilman Allen, property petitioned by Earl Stanley. seconded by Councilman Isbell and carried, the pEtition was approved, whereupon Councilman Allen moved the adoption of a resolution, being a "Resolution Giving Notice of Proposed Annexation of Territory to The City of.Newport Beach" and providing for a hearing on the matter April 1, 1946. The motion for adoption was duly seconded by Councilman Reed, the resolution designated Resolution No. 3304 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 372 NEW BUSINESS: Res. No. 3305. City Attorney Thompson presented a resolution authorizing the Authorizing cancellation cancellation of taxes on certain property vacated by the City of Newport of taxes on certain Beach lying between Lots 899 and 900 of Tract 907, and between Lido Soud property vacated by and Newport Bay. The motion for adoption was made by Councilman Allen, City. duly seconded by Councilman Reed, the resolution designated Resolution No. 3305 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3306 City Attorney Thompson presented a resolution authorizing the Authorizing cancell- cancellation of taxes on certain real property described as Lots "A" ation of certain prop- to "J" inclusive of Tract 907, Lido Isle. The motion for adoption of erty on Lido Isle. the resolution was made by Councilman Allen, duly seconded by Councilman Reed, the resolution designated Resolution No. 3306 and was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3307 Councilman Stanley moved the adoption of a resolution, being Establishing office a resolution establishing the office of Administrative Officer for the of Administrative purpose of expediting affairs between meetings of the City Council in Officer. connection with municipal activities, and designating John J. Sailors agsaid Administrative Officer. The motion for adoption was duly seconded by Councilman Allen, the resolution dedgnated Resolution No. 3307 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3308 A grant deed dated the 18th day of December, 1945 from Jackson Accepting Grant Turner to the City of Newport Beach, granting to the City of Newport Deed from Jackson Beach certain real property described as Lots One and Fourteen, and the Turner for certain South 21.43 feet of Lots Two and Thirteen in Block One Hundred Forty- three property in Canal of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, Section. Page 98, of MMS, of records of Orange County, California. On motion of Councilman Allen, seconded by Councilman Isbell, a resolution, designated Resolution No. 3308 accepting the deed and directing the Clerk to record same, was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Stanley, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Demands Nos. 2181, Demands numbered 2181, 2182 and 2183, having been duly audited 2182, 2183 allowed. by the Finance Committee, were on motion of Councilman Reed, seconded by Councilman Isbell, and carried, allowed and warrants ordered drawn by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Stanley, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Mr. Swain addressed Mr. Swain addressed the Council concerning the operation of a Council re: Water Taxi Water Taxi service to Catalina Island from the Fun Zone in Balboa and on service to Catalina Is. motion of Councilman Reed, seconded by Councilman Isbell and carried, the Referred to Committee. Mayor was requested to appoint a committee to investigate and report on the matter, whereupon, Mayor Hall appointed Harbor Master Craig, Councilman Stanley and Administrative Officer Sailors to investigate and report on same. The question of the establishment of a State Park at Corona del Mar was brought up for discussion, the matter was gone into very Question of establishing thoroughly by Councilman Stanley, Fraden Finch and others, the method of State Park at Corona acquisition of the necessary lands together with the matching feature of del Mar discussed. the plan by the City. Committee appointed to On motion of Councilman Stanley, seconded by Councilman Allen confer with State Park the Mayor was requested to appoint a committee to work with a committee Commission. from the Corona del Mar Civic Association and the Acquisition Officer of the State Park Commission. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None All property acquired On motion of Councilman Stanley, seconded by Councilman Isbell for State Park to be all property which is to be acquired by the State Park Board for the matched dollar for Corona del Mar park to be matched dollar for dollar in property by the dollar. City for the creation of said park. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Committee appointed On motion of Councilman Isbell, seconded by Mayor Hall and to work with State carried, the following Committee was appointed to work with a like Park Board Acquisition Committee from the Corona del Mar Civic Assocation and the State Park Officer. Board Acquisition Officer: Councilmen Reed, Stanley and Allen. 0 0 E 0 L ADJOURNMENT On motion of Councilman Isbell, seconded by Councilman Stanley and carried, an adjournment was taken Sine Die. ATTES p Ully Clerk, ATeZort Beac CouncIlman ounc man 373