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HomeMy WebLinkAbout04/20/1948 - Regular MeetingApril 20, 1945 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 responded and the reading of the minutes was dispensed with. REPORTS OF SPECIAL COMMITTEES: None The total area represented written and oral protests, The percentage of all writ oral protests, is equal to per cent of the total area proposed district. by is 4,029,471 soft. ten and 57.2 of the The City Council being advised that pursuant to the provisions of Section 2930 of the "Special Assessment Investigation, Limitation and Majority rrotest Act of 1931," being Division IV of the Streets and Highways Code, no further proceeding can be taken for said improvement for a period of one (1) year from the date of hearing, April 12, 1945, thereupon Councilman Allen offered and moved the adoption of the following minute Resolu- tion, which motion was seconded by Councilman Isbell. WHEREAS, the City Council of the City of Newport Beach, California, did on the 9th day of February, 1945, approved the written report prepared and filed by the City Engineer in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division IV of the Streets and Highways Code of the State of California, and thereafter on the 12th day of April, 1945, a hearing was held before the City Council on said report; and WHEREAS, the Enginer has reported to this City Council that the protests filed at the hearing upon said report represent- ed more than one -half of the wea of the proposed assessment district described in said report. NOW, THEREFORE, BE IT RESOLVED as follows: That protests in writing have been filed by the owners (as defined in the "Improvement Act of 191111) of a majority of the area of the lands to be assessed within the proposed assessment district, as said district is defined in the Engineer's report. VOTE TO -WIT: AYES, COUNCILMEN: Allen, Siler, Isbell, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 91 Regular order of business changed to consider protests In connection with proposed Central Avenue improvement. REPORTS OF STANDING COMMITTEES: None On motion of Councilmen Allen, seconded by Councilman Siler and carried, the regular order of business was changed In order to consider the matter of protests in connection with the proposed. Central Avenue improvement. 1 CONTINUED HEARING ON PROTESTS IN THE MATTER OF CENTRAL AVENUE IMPROVEMENT AS PER ENGINEER'S REPORT FILED FEBRUARY 9, 1945 Pursuant to instructions, the Engineer reported upon the written and oral protests heretofore filed or presented at the hearing held April 12, 1945, for the proposed improvement of Central Avenue and other streets, which report is in words and figures, to -wit: The total area of the proposed assessment district, is 7,045,065 sq.ft. The total area of written protests filed 4,059,030 sq.ft. The total area of protests withdrawn 31599 sq.ft. Net total area of written protests 41019,431 sq.ft. The total area represented by written protests is equal to 57.06 per cent of the total area of the proposed district. The total area represented by oral protests, is (.14 %) 10,030 sq.ft. The total area represented written and oral protests, The percentage of all writ oral protests, is equal to per cent of the total area proposed district. by is 4,029,471 soft. ten and 57.2 of the The City Council being advised that pursuant to the provisions of Section 2930 of the "Special Assessment Investigation, Limitation and Majority rrotest Act of 1931," being Division IV of the Streets and Highways Code, no further proceeding can be taken for said improvement for a period of one (1) year from the date of hearing, April 12, 1945, thereupon Councilman Allen offered and moved the adoption of the following minute Resolu- tion, which motion was seconded by Councilman Isbell. WHEREAS, the City Council of the City of Newport Beach, California, did on the 9th day of February, 1945, approved the written report prepared and filed by the City Engineer in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division IV of the Streets and Highways Code of the State of California, and thereafter on the 12th day of April, 1945, a hearing was held before the City Council on said report; and WHEREAS, the Enginer has reported to this City Council that the protests filed at the hearing upon said report represent- ed more than one -half of the wea of the proposed assessment district described in said report. NOW, THEREFORE, BE IT RESOLVED as follows: That protests in writing have been filed by the owners (as defined in the "Improvement Act of 191111) of a majority of the area of the lands to be assessed within the proposed assessment district, as said district is defined in the Engineer's report. VOTE TO -WIT: AYES, COUNCILMEN: Allen, Siler, Isbell, Robertson, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 91 Regular order of business changed to consider protests In connection with proposed Central Avenue improvement. 92 Regular order of business On motion of Councilman Isbell, seconded by Councilman resumed. Siler, the regular order of business was resumed. COMMUNICATIONS Apkn. of J. D. Casper and The application of J. D. Casper and Floyd Floyd L. Foster for license L. Foster for a license to conduct a Cafe at 6604 Coast Highway to conduct cafe, granted. was on motion of Councilman Isbell, seconded by Councilman Siler and carried, granted, subject to pproval by the Health Officer. Apkn. of R. B. Rust for license The application of R. Barton ust for a license to run to run French Fry Stand, a French F y Stand at 1100 Ocean Avenue in Edgewater Building Laid on the Table. was due to insufficient address, Laid on the Table. Letter of F. M. Bischoff eom- The letter of Florence M. Bischoff complaining of the plaining of dumping refuse on dumping refuse on the Street and Beach in the vicinity of 910 Bal Isl referred to City Adm. South Bay Front, Balboa Island, was on motion of Councilman Isbell, seconded by Councilman Siler and carried, referred to City Adminis- trator Sailors. Protest of Sanitary Laundry Inc. The protest of Attorney Forgy, Reinhaus & Forgy on behalf .re: license fee, Laid on the of Sanitary Laundry & Dry Cleaning Company, Inc. regarding Table. collection of license was presented and on advice of Chief of Police Hodgkinson the matter was Laid on the Table. Petition presented by Robt. C. The petition presented by Robert C. Burt and others Burt and others for creation asking for the creation of an assessment district for the construction of assessment district in CDM. of an access road seaward of the paved portion of Ocean Blvd., Corona del Mar, was on motion of Councilman Siler, seconded by Councilman Robertson and carried, was referred to City Administrator Sailors for report at the next meeting of the Council. Request of J.A. Gant for The request of J. A. Gant for the employment of Vivian employment of Vivian Smith in Smith in the Tax Department at a salary of $142.00 per month, to Tax Dept., approved. fill the vacancy due to the resignation of June Ledford, was on motion of Councilman Allen, seconded by Councilman Siler, granted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Appointment of L. F. Smith as The appointment of Leo Francis Smith as patrolmen in the patrolman in Police Department, Police Department was on motion of Councilman Robertson, seconded confirmed. by Councilman Siler and carried, confirmed. The letter of thanks from Newport Harbor Teen Canteen, Inc. Letter of thanks from Npt. Hbr. for the effort of City Attorney Thompson in theirbehalf was on Teen Canteen, Inc., filed. motion of Councilman Allen, seconded by Councilman Isbell and carried, ordered filed. Res. No. 339 of Planning Planning Commission Resolution No. 339 approving the Commission. re-zoning of Lots 9 to 13, Block C, Newport Bay Tract from R -2 to R -3 classification was on motion of Councilman Allen, seconded by Councilman Isbell and carried, concurred in and a hearing on the matter set for May 10 1949. Res. No. 340 of Planning Resolution No. 340 of the Planning Commission approving Commission. the rezoning of Lots 11 to 19, inclusive, Tract 444 from R -1 to R -3 classification was on motion of Councilman Allen, seconded by Councilman Isbell and carried concurred in, and a hearing on same set for May 10, 1949. Res. No. 341 of Planning Resolution No. 341 of the Planning Commission approving Commission. the re- zoning to C -1 of certain portion of Lot 171, Block 54, of Irvine's Sub - division was on motion of Councilman Allen, seconded by Councilman Siler and carried; concurred in and a hearing on same set for May 10, 1949. -,Res. No. 342 of Planning Resolution No. 342 of the Planning Commission denying ,Commission. the request of R. C. Benner for a 50% setback variance for Lot 13, �.. Block 112, Tract 234, was on motion. of Councilman Allen, seconded by Councilman Isbell, approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No- 343 of Planning Resolution No. 343 of the Planning Commission approving Commission. the request of L. B. Oliver for a 25% side yard setback variance for Lot 6, block 21, Section 3, Balboa Island was on motion of Councilman Allen, seconded by Councilman Robertson approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res, No. 344 of Planning Resolution No. 344 of the Planning Commission denying Commission. the request of John A. Glhalen for a 50% side yard variance (on alley) for Lot 6, Block 3, Section 1, Balboa Island was on motion of Councilman Allen, seconded by Councilman Siler approved by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Quitclaim Deeds. Councilman Isbell 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, the following quitclaim deeds to the following persons and covering the following described property: Hazel K. Laws All (Inc between same ' high tide line) Lot 10, Block 49, River Sec. Robert S. Pattison and Swly 60 feet of Lots 4, 5, b, Gwendolyn Pattison Block "G ", Seashore Colony Tr. Sigmund Frends Lots 12 and 14, Block 737, Corona del Mar, Calif. The motion was duly seconded by Councilman Siler and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None 0 The bid of $905.00 submitted by Ralph P. Maskey for the purchase of City owned property Lot 16, Block 160, River Section was on motion of Councilman Isbell, seconded by Councilman Robertson accepted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The Demands for election officials and jurors having been audited by the Finance Committee were on motion of Councilman Allen, seconded by Councilman Isbell, allowed and Warrants drawn for same by the following vote, to wit: AYES, COUNCILMEN: A31n, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The resignation of Mildred E. Johnston was on motion of Councilman Siler, seconded by Councilman Isbell, Laid on the Table for the new Council to act upon. City Attorney Thompson presented a Fire Ordinance, reading of which was on motion of Councilman Robertson, seconded by Council- man Siler, dispensed with. On motion of Councilman Siler, seconded by Councilman Robertson the Fire Ordinance was passed to the second reading by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CANVASS OF VOTE Resolution No. 3586, being a resolution DECLARING THE RESULT OF ELECTION, held in the City of Newport Beach on Tuesday, the 13th day of April, 1948 as required by law, was presented and ' on motion of Councilman Allen, seconded by Councilman Isbell, the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Robertson, Siler, Reed NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None STATEMENT OF CITY CLERK: I, Frank L. Rinehart, City Clerk of the City of Newport Beach in Orange County, California, do hereby certify and declare that a general municipal election was duly and regularly held in the City of Newport Beach on April 13th, 1948, and that the result of said election so held was as follows: (a) That the whole number of votes cast in said City was 3037. (b) That for which they were precinct to each of of votes which. they NAMES ROBERT ALLEN the names of the persons voted for, the office voted, the number of votes given in each voting said persons, together with the whole number received in the entire city, were as follows: z Bid for City owned property, accepted. Demands of election officers and jurors, approved. Resignation of Mildred E. .Johnston, Laid on the Table. Fire Ordinance presented. Fire Ordinance passed to second reading. Res. No. 3586 Declaring Result of Electin- on April 13, 1948. OFFICE NUMBER OF VOTES RECEIVED COUNCILMAN Precinct No. 1 _ 3 Precinct No. 2 50 Precinct No. Precinct No. Precinct �- Precinct No. 6 Precinct No. Precinct No. 9 T1�5 7 Precinct No. Precinct No.10 Precinct No 11 Precinct No.12 64 Precinct No.13 --'T— Total number of votes - - - - -- 839 �`�M a NAMES OFFICE NUMBER OF VOTES RECEIVED R. L. ALLEN COUNCILMAN Precinct No. 1 Precinct No. 2 Precinct No. 3 + Precinct No. iF Precinct No . Precinct No. 47 Precinct No. 7 1� Precinct No. 9 Precinct No. 9 Precinct No.10 Precinct No 11 ­723 Precinct No.12��' Precinct No.13 Total number of votes - - -- 922 DALLAS K. BLUE COUNCILMAN Precinct No. 1 212 Precinct No. 2 �3 Precinct No. 3 11 Precinct No. 4 Precinct No. 5 �2 Precinct No. b — Precinct No. 7 2P4 Precinct No. E Precinct No. Precinct No.10 3533 Precinct No 11 Precinct No.12 Precinct No.13 Total number of votes _ - -- 2190 DICK DRAKE COUNCILMAN Precinct No. 1 Precinct No. 2 1Ol Precinct No. 33 Precinct No. 4 1 4 Precinct No. 5 Precinct No. 6 Precinct No. 7 20 Precinct No. B Precinct No. 9 Precinct No.10 Precinct Noll Precinct No.12 Precinct No.13 1 Total number of votes - - -- 1902 LOUIS F. GATES COUNCILMAN Precinct No. 1 ` 34 Precinct No. 2 Precinct No. Precinct No. 4 —5�- Precinct No.2 Precinct No. 6 22 Precinct No. Precinct No. 8 Precinct No. 9 Precinct No.10 21 Precinct Noll Precinct ATO.12 Precinct No.13 Total number of votes - - -- 2�6 ROSS GREELEY COUNCILMAN Precinct No. 1 Precinct No. 2 Precinct No. 3 Precinct No. 4 Precinct No. 5 Precinct No. b Precinct No. 7 Precinct No. B Precinct Noe 9 Precinct No.10 Precinct No.11 Precinct No.12 Precinct N0.13 Total number of votes - - -- 221E 1 I FRANK L. RINEHART C. K. (CHARLEY) PRIEST J. A. GANT (Write -im for Treasurer) W. H. Knapp Charles Storing Lorrin Orvent Corson Jenkins Jack Cole Sandy Ferguson Summerland Jorgensen OFFICE CITY CLERK NUMBER OF VOTES RECEIVED Precinct No. 1 Precinct No. 2 Precinct No. 3 Precinct No. 4 Precinct No. 5 Precinct No. b Precinct No. 7 Precinct No. 8 Precinct No. 9 Precinct No. 10 Precinct No. 11 Precinct No:.12 Precinct No. 13 Total number of votes CITY CLERK Precinct No. 1 Precinct No. 2 Precinct No. 3 Precinct No. 4 Precinct No. 5 Precinct No. b Precinct No. 7 Precinct No. 8 Precinct No. 9 Precinct No. 10 Precinct No. 11 Precinct No. 12 Precinct No. 13 Total number of votes- TREASURER Precinct No. 1 Precinct No. 2 Precinct No 3 Precinct No. . 4 Precinct No. 5 Precinct No. Precinct No. 7 Precinct No. 8 Precinct No. 9 Precinct No. 10 Precinct No. 11 Precinct No. 12 Total votes 1 101 1 1 1 1 1 1 1 Precinct No. 13 Total number of votes 1120 1750 2195 (e) That the following proposition was voted upon at said municipal election herein mentioned, to -wit: PROPOSITION N0. 1 Shall Ordinance No. 574 of the City of Newport Beach, providing for the levy and collection, for the purpose of providing and maintaining parks in the City of Newport Beach, for each fiscal year, of a tax of fifteen cents (15x6) on each $100.00 of the assessed valustion of all property in the City of Newport Beach which is taxable therein for municipal purposes, and repealing Ordinance No. 380 of the City of Newport Beach, be adopted? (d) That the number of "Yes" votes and the number of "No" votes received in each precinct in said City on said Proposition, together with the total number of "Yes" votes and "No" votes received on said Proposition, were as follows: PROPOSITION NO. 1 YES Precinct No. 1 124 124 Precinct Noe 2 Precinct No. 3 Precinct No. 4 0 Precinct No. 11� 61 Precinct No. 12 Precinct No. 7 115 9 °13` M Precinct Precinct Precinct Precinct Pre c inc t Precinct YES No. No. No. No. No. No. 8 108 9 17r 10 11 ti°° 12 13 we 0 1pi Total number of "Yes" votes: 1325 Total number of "No" votes: 1400 Dated and signed this 20th day of April, 1948. 01ty MR of the My o Newport Beach., California Councilmen, City Ross Greeley, Dallas K. Blue, Dick Drake, J. A. Gant, Treasurer, City Clerk and C. K. Priest having been duly elected to the offices of City Take Oath of Office. Councilmen, City Treasurer, and City Clerk respectively, each took and subscribed to the Constitutional Oath of office and signed the certificates of election. ORGANIZATION Ross Greeley, Dallas K. Blue, Dick Drake, J. A. Gant Councilman Greeley and C. K. Priest, having been duly elected to the office of City appointed Mayor pro tem. Councilman, City Treasurer and City Clerk respectively, took and subscribed to the Constitutional oath of office, signed the certificate of election, whereupon it was moved by the City Clerk, seconded by Councilman Robertson and carried, that Councilman Greeley be appointed Mayor pro tem. Councilman Blue named On motion of Councilman Robertson, seconded by Mayor for ensuing term. Councilman Isbell and carried, Councilman Blue was named as J Mayor for the ensuing term by the unanimous vote of the Council. AYES: Councilmen Robertson, Isbell, Blue, Drake and Greeley. NOES: None ABSENT: None ADJOURNMENT On motion of Councilman Robertson, seconded by Council- man Isbell and carried, an adjournment was taken to April 26th, 1948 at 4:00 P.M. ATTEST: k U City Clerk