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HomeMy WebLinkAbout09/05/1938 - Regular Meeting122 Roll Call 0.P.Clark pier permit L.B.Shaver free license Wheel tax Rosie Hunt cafe license Frank Andrews permission to dredge Jennie Walters fishing barge Bouchey vacation Parkway in Corona del Mar G.A.Bisbee ramp at garage Mayor Williamson leave State. Newport Beach, September 5, 1935. The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall in the City of Newport Beach at 7 :30 o'clock p, m. on above date with Mayor Williamson presiding. The roll was called, the following councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent: Councilmen None. REPORTS OF HEADS OF DEPARTMENTS It was moved by Councilman Claire, seconded by Councilman Whitson and carried, that the reading of reports of Heads of Departments be dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS The application of 0. P. Clark for a permit to construct a pleasure pier fronting on Lot was, on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred to the City Engineer for approval. The application of L. B. Shaver for a license to sell home grown produce, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed subject to investigation by the License.Collector. On motion of Councilman Whitson, seconded by Councilman Gordon and carried, a wheel tax was ordered collected on all veteran's and other exempt licenses. The application of Rosie Hunt for a license to conduct a restaurant at 322 Marine Avenue, Balboa Island, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed subject to the approval of the Health Officer. The request of Frank Andrews for permission to dredge in front of a portion of Lots 3 and 4, Block 4, Section 5, Balboa Island, was., on motion of Councilman Whitson, seconded by Councilman Gordon and carried, referred to the City Engineer with power to act. The request of Jennie Walters to tie up a fishing barge at a City pier in the channel, was, on motion of Councilman Whitson, seconded by Councilman Brown and carried, laid on the table. The request of Harbor Master Bouchey for five days vacation from Sept, 6th to Sept. 11th inc., was on motion of Councilman Gordon, seconded by Councilman Brown and-carried, allowed. The letter of Palmer Conner of the Land Escrow & Investment Co., requesting that the City take some action towards protecting the Parkway along Ocean Blvd. in Corona Del Mar from encroachment by property owners on the bluff or southerly side of Ocean Blvd., was on motion of Councilman Gordon, seconded by Councilman Claire and carried, referred to the City Attorney for reply. The letter of G. Allen Bisbee regarding the ramp to the entrance of a garage at 115 Diamond Avenue, Balboa Island, was presented, the City Engineer advising that the matter had been investigated. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the letter was ordered filed. The request of Mayor Williamson to leave the State of California, was on motion of Councilman Claire, seconded by Councilman Brown and carried, granted. UNFINISHED BUSINESS None. NEW BUSINESS Minute Res. Councilman Claire moved the adoption of a resolution, being a resolution quitclaim to authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Charlotte Herron Beach a Quitclaim Deed in favor of Charlotte Herron, covering Lot 39, Block A, Tract 673, Corona del Mar, as shown on Map recorded in book 20, pages 17 and 15 of Miscellaneous Maps, records of Orange County, California. The motion was duly seconded by Councilman Whitson and the resolution was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire; Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Newport Beach t a regul meeting thereof held on the 5th day of September, 1935• 1 P- ity Clerk of the City of Newport Beach 0 • 0 [I 0 iL Resolution No. 1386. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Res. 1356 NEWPORT BEACH GRANTING A VARIANCE TO H. M. DAVIS AFTER REPORT AND RECOMMENDATION granting OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE N0. 440 AND AMENDMENTS THERETO, variance to was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, H. M. Davis the resolution was adopted by the following vote, to-wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1385 WHEREAS, GERALD N. MADIGAN, a single man, has this Res. 1355 day offered to the CITY OF NEWPORT BEACH the sum of $1300.00 for Lots 1, 2, 25 and sale of lots 29, Tract 945, in the city of Newport Beach, as shown on Map recorded in Book 30, to Gerald N. • page 7 of 11ap Books, records of Orange County, California; and Madigan WHEREAS the price is a fair and adequate price as and for the purchase ' price of said lot; and WHEREAS, the City Council of the City of Newport Beach deems that it is ' for the best interests -of said City that said property be sold for the said sum of $1300.00; and WHEREAS, the price offered is just, fair and adequate and is not dispro- portionate to the real value of the property above described. • NOW, THEREFORE, BE IT RESOLVED:- That said property be sold to the said Gerald N. Madigan, a single man, for the sum of $1300.00, free and clear of all Sanford encumbrances, subject to the taxes for the fiscal year 1938 -39, and unpaid improve- application ment assessments of record. Also subject to conditions, restrictions and reserva- for variance tions of record. And -the Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said party upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $130.00 be paid to Frank Trickey, as and for his commission for the negotiating of the sale of said real property to City of NB ^3 Gerald N. Madigan, a single man, said sum being a fair and reasonable commission to application Gr. be allowed in said sale, and said broker Ding a licensed realtor of the City of to re -zone. Newport Beach. I hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the 5th day of September, 1938, by the following vote, to -wit? Municipal AYES: COUNCILMEN Gordon, Claire, Whitson, Brown, Williamson. Improvements • NOES: Councilmen None. ABSENT: Councilmen None. Harry H. Williamson ATTEST Mayor - City of Newport Beach ' Frank L. Rinehart Irvine Co. City Clerk application PLANNING COMMISSION for imps. • Resolution No. 136 of the Newport Beach City Planning Commission wherein McKinley the application of Mr. and Mrs. McKinley for a certain front yard variance respect- application ing Lot 3, Block 1, Newport Beach, was denied, was presented and read, and on for variance motion of Councilman Claire, seconded by Councilman Whitson the resolution of the Planning Commission was approved by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1386. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Res. 1356 NEWPORT BEACH GRANTING A VARIANCE TO H. M. DAVIS AFTER REPORT AND RECOMMENDATION granting OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE N0. 440 AND AMENDMENTS THERETO, variance to was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, H. M. Davis the resolution was adopted by the following vote, to-wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Fleming Resolution No. 135 of the City Planning Commission of Newport Beach application was presented, said resolution granting a variance of 506 affecting front, side for variance and gear yard of the easterly 25 feet of Lots 27 and 28, Block 7, Section 5, Balboa Island and owned by Marian M. Fleming (Mrs. James). Protests from ' Margaret J. Dutcher and Jose and Joan Escobar were presented and read. Robert D. Dutcher also addressed the Council protesting the confirmation by the Council of the Planning Commission's action. Mrs. Doris MacFarland addressed the Council in favor of granting the variances. After considerable discussion and in view of the fact that the notice from the Planning Commission to Robert Dutcher regarding the hearing in the matter was improperly addressed, it was moved by • Councilman Brown, seconded by Councilman Gordon and carried, that the matter be referred back to the Planning Commission for a re- hearing. Sanford Resolution No. 135 of the City Planning Commission kherein the application application of C. B. Sanford for a variance respecting the alteration of a for variance building upon Lot 8, Block 5, Section 2, Balboa Island was denied by the Commission, was presented. The letter of Earl W. Stanley protesting the action of the Planning Commission was presented and read, and after some discussion it was moved by Councilman Whitson, seconded by Councilman Claire and carried, that the decision of the Planning Commission be not confirmed. City of NB Resolution No. 140 of the City Planning Commission wherein the appli- application cation of the City of Newport Beach for re- zoning from 0-1 to M -1 of certain to re -zone. City owned land lying north of and between the North Channel acid State Highway was denied by the Commission, was presented and read, and on motion of Councilman Whitson, seconded by Councilman Claire and carried, the resolution of the Planning Commission was confirmed. Resolution No. 141 of the City Planning Commission in connection with Municipal certain proposed municipal improvement projects for which applications have been Improvements made to the Federal Government for grants and for which a bond election to be held by the City of Newport Beach in connection therewith has been proposed. City Attorney Thompson advised the Council regarding the Bond Attorney's recommendations as to the method of placing the various projects to be voted upon on the ballot. ' Resolution No. 139 of the City Planning Commission wherein said Irvine Co. Commission recommended the granting of a permit applied for by the Irvine application Company for the erection of comfort stations, bath rooms and other buildings for imps. • in that tract of land lying between Bayside Drive and the easterly shore of Newport Bay between bulkhead station 104 and 105, was presented, and on motion 124 • • • 0 of Councilman Claire, seconded by Councilman Whitson and carried, the same was approved. Resignations The resignation of J. J. Schnitker as a member of the Planning on Planning Commission and of Harry G. Wheaton as a member of the Library Board, were Commission presented, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the same were accepted. Whereupon Mayor Williamson appointed New J. H. Estus for the term ending July 24, 1940 to succeed J. J. Schnitker appointments as a member of the Planning Commission, and Wesley R. Fowler for the term ending June 30, 1942, to succeed Harry G. Wheaton as a member of the Library Board. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the appointments were confirmed. on motion of Councilman Gordon, seconded by Councilman Claire and Business bldg carried, the Building Inspector was instructed to submit certain plans for plans business building construction to the City Engineer for. approval as to safety factors in connection with stresses, columns, footings, etc. The monthly demands having been duly audited by the Finance Committee, Demands were on motion of Councilman Claire, .seconded by Councilman Gordon and carried, allowed and warrants ordered drawn for same. On motion of Councilman Claire, seconded by Councilman Whitson and City Plans unamiously carried, the City plans as approved by the Planning Commission and as same were certified to the City Council be sent to Public Hearing, pursuant to law, and that the City Clerk be instructed to advertise such hearing for a date at least 10 days in Newport- Balboa News Times, a paper of general circulation, printed, published in the City of Newport Beach, and that a Public Hearing be held on proposed plans at 7:30 o'clock p. m, on the 19th day of September, 1939, Res. 1398 Resolution No. 1389„ being A RESOLUTION OF THE CITY COUNCIL OF THE fixing tax CITY OF NEWPORT BEACH, FIXING THE RATE PER CENTUM AND LEVYING A TAX UPON ALL rate. OF THE TAXABLE PROPERTY WITHIN THE CITY OF NEWPORT BEACH WHICH IS TAXABLE THEREIN FOR MUNICIPAL PURPOSES, was presented. Whereupon Councilman Claire moved the adoption of said resolution, the motion was duly seconded by Councilman Whitson and was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Gordon, Claire, Whitson, Brown, Williamson. NOES, COUNCILMEN: None. ABSENT: COUNCILMEN: None. City Attorney Thompson presented deeds of easement to the State of State of Calif. California in connection with certain proposed improvement of the State Highway easements in the Corona del Mar district, and on motion of Councilman Gordon, seconded by Councilman Whitson and carried, the deeds were referred to the City Engineer for checking as to description. ADJOURNMENT On motion of Councilman Claire, seconded, by Councilman Gordon and carried, an adjournment was taken to 7:30 o'clock p. m. September, 19, 1938. • • • 0