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HomeMy WebLinkAbout03/13/1939 - Adjourned Regular Meeting202 Newport Beach, March 13, 1939• The City Council.of the City of Newport Beach met in regular adjourned • session in the Council Chambers at the City Hall in the City of Newport Beach on above date with Mayor Williamson presiding. Roll Call The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent: Councilmen None. ' REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS Ray Ainsworth The application of Ray Ainsworth for a permit to install slips for the slips & mooring mooring of boats, fronting on a portion of Lot H, Tract 919, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. The application of Frank L. Scott for a permit to construct and add 4 F.L.Scott finger slips and 2 rear floats, fronting on a portion of Lot H, Tradt 919, was finger slips & on motion of Councilman Claire, seconded by Councilman Gordon and carried, re- floats ferred to the. City Engineer for approval. The application of Tom Heath for a license to operate a pool hall in Tom Heath the Ohowell Building at 111 - 22nd Street, Newport Beach, was on motion of pool hall Councilman Whitson, seconded by Councilman Gordon and carried, referred to the Police Committee and the Chief of Police for investigation and approval. The letter of Carroll B. Beek regarding the regulations effecting Carroll B.Beek r dogs was presented and read, and on motion of Councilman Whitson, seconded • dog ordinance by Councilman Gordon and carried, the City Clerk was instructed to advise the writer in reference to the matter. The communication of City Engineer Patterson in connection with the N t Herb Realt p y..: request of the Newport Harbor Realty Board for information regarding the water Board - water needs of the City and the cost of joining the Metropolitan Water District, was needs presented and read, and on motion of Councilman Claire, seconded by Councilman ' Whitson and carried, the City Engineer was authorized to prepare the necessary report at a cost of not to exceed $75.00. The letter of Gerald W. Ritchie requesting a change in the Building G.W.Ritchie Code in order to permit the construction of certain type of dwellings in the building code Corona del Mar district, was read, and the plans accompanying same were presented for inspection. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the Mayor was asked to appoint a committee to investigate the matter and report. Whereupon Mayor Williamson appointed Councilmen Gordon and Brown as a committee for the purpose. G. L. Bates et al George L. Bates presented a letter requesting that the matter of the 3 6th Street removal of the 36th Street bridge be reopened in order to hear their representative Bridge in open Council. The Council was addressed by Mr. Bates, Dr. C. Smith, George Watson, Harry Estus and others and the question of constructing a foot bridge across the Rivo Alto for the benefit of those opposing the removal of the bridge, was suggested, the City Engineer presenting estimates of cost of said construction. Councilman Gordon moved that in view of petitions presented for and against the proposition, the matter should be laid on the table until the'next meeting of the Council. The motion was seconded by Councilman Whitson and carried. H.W.Seager The letter of Dr. Howard W. Seager in relation to the construction of & groynes in connection with piers around Balboa Island and the mooring of boats at groynes piers Balboa Island the public piers, was presented and read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, sections I and 2 of the letter in regard to groynes and dredging was referred to the City Engineer and section 3 relating to the mooring of boats was refe red to the Harbor Master. Properties Inc. The communication of John Sheroe Harris. of Properties Incorporated, crossing Ocean was presented and read, same being in relation to the crossing of Ocean Blvd. in Corona del Mar in order to reach residences proposed to be built on the bluff ' Blvd., CDM section of that district. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the letter -was referred to the City Attorney for report at the next meeting of the Council. UNFINISHED BUSINESS • The matter of the application of the Balboa Yacht Club set over from a Balboa Yacht previous meeting of the City Council, was brought up for consideration, the Club - floats detailed report of City Engineer Patterson was presented and read, together with etc. the communications of Attorney Grainger Hyer and Frank A. Andrews. Considerable discussion was had on the subject, the Council being addressed by Attorney Hyer, Commodore Bish of the Yacht Club and Dr. Howard W. Seager, who submitted several photographs showing the present condition of the Yacht Club's existing piers and floats, the basis of objection being the precedent that might attach in case of future applications for similar installations around Balboa Island. After some delifreration and on instructions from the City Attorney that any permit issued to the Balboa Yacht Club for the construction, or installation of piers, floats or moorings of any kind, there must be incorporated therein, the stipulations and recommendations of the City Engineer, and -'said permit shall be granted only to the owners of the real property and jointly with the Balboa Yacht Club as tenants. At this juncture Councilman Brown stated that in view of the numerous signers, from various parts of the Island, protesting the granting of the'permit, he felt th he should vote no on the question, but would do so without prejudice; whereupon was moved by Councilman Gordon that the permit be granted, but only in accordance with the provisions as outlined by the City Attorney and subject to any and all restrictions and regulations in connection with such structures,- The ' motion was duly seconded by Councilman Whitson and carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Williamson. • NOES: Councilman Brown. ABSENT: Councilmen None. • I'm f� 0 d • • NEW BUSINESS Mayor Williamson presented the matter of Insurance on the City dredge, and on motion of Councilman Gordon, seconded by Councilman Brown and carried, the Public Liability of the policy was accepted, a demand in the sum of $250.00 for the premium on same was allowed and warrant ordered drawn for same; other insurance contained in the policy was ordered cancelled and returned. Resolution No. 1577. WHEREAS, J. B. STEEL and JANET C. STEEL, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $550.00 for Lot 2, Block 238, Corona del Mar, in the city of Newport Beach, as shown on Map recorded in Book 3, page 41 and 42 of Miscellaneous Maps, records of Orange County, California; and WHEREAS, the said 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 $550.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said J. B. Steel and Janet C. Steel, husband and wife, for the sum of $550.00, free and clear of all encumbrances, bu '0ject to the taxes for the fiscal year 1939 -40 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $55.00 be paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to J. B. Steel and Janet C. Steel, his wife, as joint tenants, said sum being a fair and reasonable commission to be allowed in said sale, and said broker being a licensed realtot of the City of 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 an adjourned regular meeting thereof held on the 13th day of March, 1939 by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES, Councilmen None. ABSENT: Councilmen None. Resolution'No. 1578, being A RESOLUTION APPROVING MAP SHOWING A PORTION OF A CERTAIN STREET, AND PORTIONS OF CERTAIN ALLEYS, AND CERTAIN ALLEYS IN THE CITY OF NEWPORT BEACH, PROPOSED TO BE CLOSED UP AND ABANDONED, was presented, whereupon it was moved by Councilman Claire, seconded by Councilman Whitson that said map be approved, and 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. 1579,'being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN STREET, AND PORTIONS OF CERTAIN ALLEYS, AND CERTAIN ALLEYS, IN THE CITY OF NEWPORT BEACH, AS FOLLOWS: A PORTION OF CARNATION AVENUE: A PORTION OF ALLEY I14 BLOCK °B" TRACT 470: AN ALLEY IN BLOCK R, TRACT 323; AN ALLEY IN BLOCK B, TRACT 323: DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF, was presented. Whereupon it was Ooved by Coun- cilman Claire, seconded by Councilman Whitson that said resolution be adopted, and the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. An ordinance was presented;: being.an:.ordinance•in connection with an Agreement Further T- Modfying Agreement previously Modified between the City of Newport Beach and the Hamasi Corporation. The motion for adoption was made by Councilman Whitson, seconded by Councilman Claire and the ordinance was lost by the following vote, to -wit: AYES: Councilmen Whitson, Brown. NOES: Councilmen Gordon, Claire, Williamson. ABSENT: 'Councilmen None. 203 Insurance on City dredge Res. 1577 sale of lot to J.B.Steel et ux Res. 1578 approving map for aband. of certain streets & alleys Res. 1579 Resolution of intention of abandoning certain sts & alleys. Hamasi Corp. agreement On motion of Councilman Whitson, seconded by Councilman Claire and Underpasses in carried, the City Engineer was instructed to confer with the State Highway Corona del Mar Commission in regard to the construction of at least three underpasses under the State Highway in the Corona del Mar District at the�time the widening of the same is being done: Councilman Claire moved the adoption of a resolution, being a resolution Res. 1580 authorizing the Mayor and City Clerk to execute on behalf of the City of Newport contract with Beach, a contract with E. V. S. Pomeroy for the purchase of garbage collected by E.V.S.Pomeroy the City. The resolution was designated Resolution No. 1580, the m6t16h:for adoption being duly seconded by Councilman Whitson and the same was passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. It was moved by Councilman Gordon, seconded by Councilman Claire and Removal of carried that the City Engineer be authorized to remove 500 yards of earth under dirt. his instructions, from Sm=.ltzer Avenue, Newport Heights. It was moved by Councilman Gordon, seconded by Councilman Claire and G.A.Axelson carried that the application of G. A. AxelBon for a permit to construct a pier pier permit and slip float fronting on Lot 1, Block 3, Section 2, Balboa Island be referred to the Committee of the whole. 20 Roll Call ADJOURNMENT It was moved by Councilman Claire, seconded by Councilman Gordon and carried that an adjournment be taken to 7P30 o'clock P. M. Monday, March 20, 1939. A ROVED: City Clerk ilman Vii/ / incilman Newport Beach, M; The City Council of the City of Newport Beach session in the Council Chambers at the City Hall in the above date with Mayor Williamson presiding. The roll was called, the following Councilmen Claire, Whitson, Brown, Williamson. Absent: Councilmen inch 20, 1939= met in regular adjourned City of Newport Beach on answering present: Gordon, None. REPORTS OF SPECIAL COMMITTEES Building Code Councilmen Gordon and Brown; the Committee appointed by Mayor Williamson to investigate and report on the request of Gerald W. Ritchie for an amendment to the Building Code in order to permit single wall construction for an area not to exceed 750 square feet, recommended that no change be made in the building restric- tions, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the report was accepted and ordered filed. Otto Momm refund on water meter H.E.Bechtold locating bldg. Establishment of Yacht Clubs Mooring small boats Bender & Cullinan purchase of lot COMMUNICATIONS The letter of Otto Momm requesting the return of a Twenty Dollar deposit on a water meter, was on motion of Councilman Brown, seconded by Councilman Gordon and carried, referred to the Water Superintendent. The letter of Henry E. Bechtold asking for.permission to locate a build- ing on County property within the City limits, was on motion of Councilman Whitson, seconded by Councilman Gordon and carried, referred to the Building Inspector. Frank A. Andrews presented a request that Ordinance No. 440 be amended in order to prohibit the establishment of Yacht Clubs in an R -1 or R -2 zone, and on motion o n f Coucilman Claire, seconded by Councilman Whitson and carried, the request was referred to the Planning Commission and the City Attorney. The report of the Harbor Master regarding the mooring of small boats at the sides of public piers, particularly on Balboa Island, was presented, and read, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the report was accepted and a copy of the report ordered mailed to Dr. H. W. teager, who in a letter to the Council advocated that the small boats should be permitted that privilege. The communication of Bender and Cullinan regarding the purchase or sale of Lot 19, Block J, Tract 516, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Attorney was instruc- ted to offer the writers the sale of same by the City for $300.00. MINUTE RESOLUTION REGARDING ADOPTION OF PIER PLAN Councilman Brown moved the adoption of a resolution, being a resolution Min. Res. adopting Standard Plan No. 1052 as revised and effecting the construction of piers Pier Plan and floats on the southerly shore easterly from the southerly end of Turquoise Avenue to the easterly end of Balboa Island. The motion was duly seconded by Councilman Whitson and the resolution 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 an adjo ned regular meeting thereof held on the 20th day of March, 1939• _= ) ity Clerk of the City of Newport Beach UNFINISHED BUSINESS E_,., The City Attorney having approved the application of L.K.Whittier to construct a pier fronting on Lot 23, Block P, Tract 516, the pier permit motion of Councilman Whitson, seconded by Councilman Gordon and rJ E • L, K. Whittier • same was on carried, allowed.