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.