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HomeMy WebLinkAbout09/08/1947 - Regular Meeting0n MW Regular order of business changed to consider acquisition of China Cove, Corona del Mar. Hearing in connection with proposed acquisition of China Cove, Corona del Mar Written protests filed. September 8, 1947 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 Reed presiding. The roll was called, the following Councilmen answering present: Allen, Isbell, Robertson, Siler, Reed. 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 3asponded and the reading of the minutes was dispensed with. On motion of Councilman Robertson, seconded by Council- man Siler and carried, the regular order of business was changed in order to consider the following: IN THE MATTER OF THE PROPOSED ACQUISITION OF CERTAIN PROPERTY IN C)RONA DEL MAR (CHINA COVE) SHOWN IN THE 19RITTEN REPORT OF THE ENGINEER FILED JULY 14, 1947 HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", DIV. 4 OF THE STREETS AND HIGHWAYS CODE Date: September 8, 1947 # # # # # # # # # # # ## The City Clerk of the City of Newport Beach reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engineer of the City of Newport Beach, California, and approved by the City Council of said City on the 14th day of July, 1947, in accordance with the provisions of the "Special Assessment Investigation, Limita- tion and Majority Protest Act of 1931 ", of the Streets and Highways, Code, to -wit: Monday, the 8th day of September, 1947, being the day, and the Council chamber of the City Council in City Hall of said City being the place fixed for such hearing. The Clerk also reported that on the 25th day of July, 1947, he deposited, or caused to be deposited, in the United States mail, with postage prepaid, a notice of the time and place of hearing upon add written report, all in the manner and form required by Sections 2851, 2852 and 2853 of the said Code, and that an affidavit in prat of said mailing is now on file in the office of the City Clerk of said City; and more than thirty (30) days having elapsed since the date of such mailing, the said City Council has acquired power to proceed with the hearing in said matter, pursuant to said Code. The Mayor of said City, being the presiding officer of the City Council, then announced that thefirst order of the hearing would be the reading of the said written report, except as to the map, plat or diagram, and the assessed valuations and true valuations of, and the assessments and estimated assessments upon the individual parcels of land, before protests would be considered. Thereupon, the Clerk read said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections to the doing of the things proposed in said writen report had been filed with him in said mentioned matter. The Clerk reported that several written protests had been filed with him prior to the time set for the hearing, by the following persons: B. Z. McKinney and others, reference being made to the written protests on file with the Clerk for any and all details. The Mayor then inquired if any persons who would be entitled to protest or object to the doing of the things proposed to be done, desired to make oral protests or objections, and stated that such persons would now be heard. Carter H. Lane, A. W. Howard, A. 0. Hovey and others. Each addressed the City Council on the matter of said written report and the doing of the things proposed in said written report and propounded many questions as to the amounts of various estimated assessments upon the individual parcels of land. After a full and thorough hearing had been had in said matter and an apportunity. having been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written rport filed by the City Engineer in said matter, the City Council deemed it advisable that a recess be taken for the purpose of checking the protests. F i L Thereupon the following motion was made by Councilman Robertson: That all written protests be referred to the City Engineer for checking and report, and that further consideration of said matter be continued to the 6th day of October, 1947, at the hour of 4:00 p;m. Said motion being duly seconded by Councilman Allen, the same was carried by the following vote, to - wit: AYES, COUNCILMEN: Allen, Siler, Isbell, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None G On motion of Councilman Robertson, seconded by Council- man Robertson, seconded by Councilman Siler and carried, the regular order of business was resumed. REPORTS OF HEADS OF DEPARTMENTS On motion of Councilman Allen, seconded by Councilman Siler and carried, the reading of the reports of Heads of Depart - ments was waited and the reports ordered filed. REPORTS OF SPECIAL COMMITTEES: None REPORTS OF STANDING COMMITTEES: None COMMUNICATIONS the application of Standard Oil Company for a permit to install underground storage for the handling of petroleum products on Lots 2, 3, and 4 Block K,Tract 470, Corona del Mar, having been approved by the Lire Chief, was on motion of Council- man Allen, seconded by Councilman Isbell and carried, granted. The request of the Lido Isle Yacht Club to hold an Inboard Power Boat Regatta on November 2, 1947 was on motion of Councilman Allen, seconded by Councilman Siler and carried, referred to the Harbor Committee for report. On motion of Councilman Isbell, seconded by Councilman Allen and carried, the following appointments as patrobEn in the Beach City Merchant Patrol were confirmed: Jess D. Evans, Jess Branch, Leon Francis Guinard and Alfred Schirley Street. The request of Fire Chief Crocker, together with the request of Councilman Robertson for the Fire Chief to attend the conference of the Pacific Coast Association of Fire Vhiefs at Spokane, Washington, September 12th to 19th, inclusive with the usual expense allowance, was on motion of Councilman Robert- , son, seconded by Councilman Allen, granted by the following roll call vote to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None UNFINISHED BUSINESS The application of Jack Cole for a conditional permit to conduct Sportfishing Rentals at a location in the vicinity of the Marine Avenue Bridge, Balboa Island was brought up, the matter having been presented to the Council by the Planning Commission at a previous meeting. On advice from the City Attorney it was moved by Councilman Allen, seconded.by Council- man Siler and carried, that same be referred to the Planning Commission for re- consideration. NEW BUSINESS On motion of Councilman Allen, seconded by Councilman Siler, Resolution No. 3515 authorizing a water contract with General Petroleum Company was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None •his being the date for the hearing of protests in connection with the vacation of certain portions of Ocean Avenue, Seashore Colony Tract, the Clerk advised that no written protests had been filed, whereupon Mayor Reed 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 Robert- son, the hearing was closed. Councilman Allen moved.the adoption of a resolution, being a resolution ordering the vacation of a certain portion of Ocean Avenue, Seashore Colony Tract as described in resolut- ion of Intention No. 3502. The motion for adoption of the resolution was duly seconded by Councilman Isbell, the resolut- ion designated Resolution No. 3519 and was adopted by the follow - ing roll call vote, to wit: AYES, COUNCILMEN. Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, CO' ?NC ILMEN : None 13 Hearing of China Cove continued until Oct 6, 1947. Regular order of business resumed. Apkn. of Standard Oil Co for permit for underground storage, granted. Request of Lido Isle Yacht Club for Inboard Power Boat Regatta. Appointments to Beach City Merchant Patrol, confirmed. Reauest of Fire Chief Crocke. to attend conference in Spokane, Wash., granted. Apkn. of Jack Cole for conditional permit to conduct Sportfishing Rentals. Res. No. 3515 Water Contract with General Petroleum Co. Hearing on vacation of certain portions of Ocean Ave., Seashore Colony, close, Res. No. 3519 Ordering vacation of certain portions of Ocean Ave., Seashore Colony Tract. W-51 Res. No. 3520 Councilman Allen moved the adoption of a resolution, Fixing tax rates for 1947 -48 being a resolution of the City Council of Newport Beach fixing the rate per centum and levying a tax upon all the taxable property within the City of Newport Beach which is taxable therein for 1947 -48 for municipal purposes. The motion was seconded by Councilman Siler, the resolution designated Resolution No. 3520 and was adopted by the following roll call vote, AYES, COUNCILMEN: Allen, Isbell, Robertson, 6iler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Audit of monthly Demands. The monthly Demands leaving Finance Committee were on motion of by Councilman filer, were allowed a by the following roll call vote, to AYES, COUNCILMEN: Allen, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None been duly audited by the Councilman Allen, seconded nd Warrants ordered drawn wit. Isbell, Robertson, Siler, Rec-d Plans and specifications for City Engineer Webb brought the matter of the installation curbs and sidewalks on Coast of curbs and sidewalks on Coast Highway and presented plans and Hwy., approved. specifications in relation thereto _and on motion of Councilman Robertson, seconded by Councilman `'iler the plans and specifications were approved. Wage scale adopted. On motion of Councilman Robertson, seconded by Council- man Siler the wage scale in connection with the construction of curbs and sidewalks along a certain portion of Coast Highway was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Advertise for bids for On motion of Councilman Robertson, seconded by Councilor construction of curbs and side- man Siler and carried, the City Clerk was directed to advertise walks on Coast Hwyl for bids to be opened on October 14, 1947 for the construction of curbs and sidewalks along Coast Highway Alternate 101. Map of Tract 1257, approved. City Engineer Webb presented the map of Tract 1257 for final approval, being a map of a sub - division of a certain section of Corona del Mar. On motion of Councilman Robertson, seconded by Councilman Allen the map was approved by the following roll cell vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Apkn. of P.Eller'oroek and 'he application of Philmer Ellerbroek and Beaulah B. Fk1ey for permit to construct Finley for a permit to construct a joint pier fronting on Lots joint pier, Harbor Isl, granted 14 and 15, Harbor Island was on motion of Councilman Aobertson seconded by Councilman Isbell and carried, granted. Apkn of L.M. Beck for permit The application of Leta M. Beck for a permit to construct to construct pier, granted. a pier fronting on Lot 10, Block 13, Balboa Eastside Addition was on motion of Councilman Robertson, seconded by Councilman Isbell and carried, granted. Apkn. of Hubert Eaton for The application of Hubert Eaton for a permit to remove permit to remove existing float an existing float and construct anew d.ip and float fronting on and construct new pier, granted. Lot 6, Tract 756 was on motion of Councilman Robertson, seconded by Councilman Isbell and carried, granted. Apkn of Griffith Co for permit The application of Griffith Company for a permit to to construct bulkhead, referred construct a bulkhead in connection with a permit granted for the to Harbor Committee. extension of a certain building over the water in the vicinity of the West Tuning Basin was on motion of Councilman Robertson seconded by Councilman Siler and carried, referred to the Harbor Committee. Apkn. of G.G. Sipee for permit The application of Gordon G. Sipee for a permit to to construct pier, ramp and construct a pier, ramp and float fronting on Lot 9, Block 340, float, granted. Canal Section was on motion of Councilman Isbell, seconded by Councilman Robertson and carried, granted. Apkn. of Robert Boyd for permit The application of Robert Boyd for a permit to construct to construct pier, Bal Isl, a pier and float fronting on Lot 1, Block 4, Section 5, Balboa granted. Island was on motion of Uouncilman Robertson, seconded by Council- man Isbell granted by the following roll call vote, to wit: AYES, COUNCILMEN: Isbell, Robertson, Reed NOES, COUNCILMEN: Allen, Siler ABSENT, COUNCILMEN: None Apkn. of H Larrison, P.A. Palmer and B. Robinson for permit to construct pier, denied. x$50.00 inspection fee for all construction of piers. On motion of Councilman Hllen, seconded by Councilman Robertson the application of H. Larrison, P. A. Palmer, and B. Robinson for a permit to construct a pier fronting on Lots 31 40 and 5, Block 236, Canal Section, not having been recommended by the Harbor Committee, was on motion of Councilman Allen, seconded by Councilman Robertson and carried, denied. On motion of Councilman Robertson, seconded by Council- man Isbell a $50.00 inspection fee, not returnalbe, was established for all applications for the construction of piers. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Reed NOES, COUNCILMEN: Siler ABSENT, COUNCILMEN:: None Permission of E.B. Whitson On motion of Councilman Allen, seconded by Councilman to attend convention. Isbell, and carried, E. B. Whitson was granted permission to attend the Annual Electrician's Convention in Riverside September 29, 30 and October 1, with the usual expense allowance permitted. r The application of W. P. Lundell for a permit remove an existing pier and to construct a new pier fronting on Lot 15 Block 14, Section 3, Balboa Island not having been recommended by the Harbor Committee was on motion of Councilman Robertson, seconded by Councilman Allen and carried, denied. The request of the Southern California Edison Company for an easement across certain City owned property in Tract 756 in connection with a cable crossing was on motion of Councilman Allen, seconded by Councilman Siler approved by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None City Engineer Webb presented a letter from the California State Highway Department relating to certain billboards in the Corona del Mar section and on motion of Councilman Robertson, seconded by Councilman Allen and carried, the City Engineer was directed to get in tough with the situation it being alleged that said billboards encroached upon public property. On motion of Councilman Allen, seconded by Councilman Robertson and carried, Councilmen Isbell /were granted permission to leave the State, and Siler On motion of Councilman Alen, seconded by Councilman Robertson the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach a certain agreement by and between the City of Newport Be_'ch for the sale by the City to Emma H. Pettit certain property described as the Easterly 40 feet of the Southeasterly 10 feet of Lot 22 and the Easterly 40 feet of Lot 23, Block 132, Lake Tract and in connection with the widening of Uoast Boulevard. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Siler the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach a certain agreement by and between the City of Newport Beach and Cal M. Fuller pertain- ing to certain property in block 134, Lake Tract and in connect - tion with the proposed widening of Coast Boulevard. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Oiler the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach a certain agreement by and between the City of Newport Beach and Herman M. Pieper per- taining to certain property in Block 134, Lake Tract and in connection with the widening of Coast Oculevard. The motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NCE S, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Allen, seconded by Councilman Siler the Mayor and City Clerk were authorized to execute on behalf of the City of Newport Beach a certain Agreement by and between the City of Newport Beach and Gordon B. Findlay wherein the City of Newport Beach agrees to purchase Lot ^1, Block 134, Lake Tract and to remove existing improvements thexwn to Lot 2, Block 134, Lake 'Pratt. 'he motion was carried by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ADJOURNMENT On motion of Councilman Allen, seconded by Councilman Siler and carried and adjournment was taken to 4 P. M., October 6, 1947- ayor of the ity of Newport BeacH .,Councilman Councilman Councilman ATT ' ,T : A" Councilman 1,ity Clerk 25 Apkn of. W. P. Lundell for a permit to remove existing pier, and build new, denied. Request of Southern Calif Edison Cc for easement across City property, approved. Letter from Calif State Hwy Dept relating to certain bill- boards in Corona del Mar. Councilman Isbell given per- mission to leave State, and Councilman Siler Agreement with Emma H Pettit for sale of certain property. (widening of Coast Blvd) Agreement with Cal M Fuller in connection with proposed widening of Coast Blvd. Agreement with H. M. Pieper in connection with proposed widening of Coast Blvd. Agreement with Gordon B. Findlay in connection with proposed widening of Coast Blvd.