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HomeMy WebLinkAbout10/06/1941 - Regular MeetingNewport Beach, October 6, 1941. HEARING ON THE MATTER OF THE ' INVESTIGATION REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGA- TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AS AMENDED. The Clerk reported that this was the time and place fixed for the • hearing on the written report heretofore filed by the City Engineer and approved by the City Council of the City of Newport Beach in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111, as amended, to -wit: Monday, the 6th day of October, 1941, being the day, and the Council Chamber in the City Hall of said City being the place fixed for said hearing. The Clerk also reported that on the 28th day of August, 1941, he deposited in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Section 6 of the said Act, and that an affidavit and proof of such mailing is now on file in the office of the City Clerk; and more than Thirty (30) full days having elapsed since the date of said mailing, the said City Council has acquired power to proceed with the hearing on the said matter pursuant to said Act. The Mayor, being the presiding officer of the City Council, then announced that the first 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 all assessments and estimated assessments upon individual parcels of land before protests were considered. Whereupon, the Clerk read the 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 written report had been filed with him in said mentioned matter. The Clerk reported that 50 written protests had been filed with him prior to the time set for the hearing, by the following: Parcel No. Name 1582 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 D. Phoenix the hour of 7:30 p. m. on above date with Mayor Gordon presiding. • Roll call The roll was called, the following Councilmen answering present: Reed, Claire, Allen, Brown, Gordon. Absent, Councilmen, None. to On motion of Councilman Allen, seconded by Courd loran Brown and carried, 1614 the reading of the minutes of the previous meeting was dispensed with. On motion of Councilman Allen, seconded by Councilman Brown and carried, F. E. Llewellyn " the regular order of business was suspended in order to consider the matter of the 1292 hearing on the acquisition of the Pacific Electric Railway right of way. ' IN THE MATTER OF THE PROPOSED Acquisition of ACQUISITION OF CERTAIN PROPERTY PE R/W for widening FOR THE WIDENING OF CENTRAL of Central Avenue AVENUE BETWEEN McFADDEN PLACE 1040 AND °B' STREETS IN THE CITY OF Hearing NEWPORT BEACH, CALIFORNIA. HEARING ON THE MATTER OF THE ' INVESTIGATION REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGA- TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AS AMENDED. The Clerk reported that this was the time and place fixed for the • hearing on the written report heretofore filed by the City Engineer and approved by the City Council of the City of Newport Beach in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111, as amended, to -wit: Monday, the 6th day of October, 1941, being the day, and the Council Chamber in the City Hall of said City being the place fixed for said hearing. The Clerk also reported that on the 28th day of August, 1941, he deposited in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Section 6 of the said Act, and that an affidavit and proof of such mailing is now on file in the office of the City Clerk; and more than Thirty (30) full days having elapsed since the date of said mailing, the said City Council has acquired power to proceed with the hearing on the said matter pursuant to said Act. The Mayor, being the presiding officer of the City Council, then announced that the first 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 all assessments and estimated assessments upon individual parcels of land before protests were considered. Whereupon, the Clerk read the 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 written report had been filed with him in said mentioned matter. The Clerk reported that 50 written protests had been filed with him prior to the time set for the hearing, by the following: Parcel No. Name 1582 J. P. Cozad 1244 D. Phoenix 360 A. J. Twist to 1614 It 1316 1288 F. E. Llewellyn " • 1292 11 1293 " 1294 11 1040 E. N. Workman 1171 Clarence Atkinson 1172 " 1492 Ed Fairfield ' 1163 11 1202 Bert H. Donald 1201 Katherine Webb 1199 Ida Humason 336 Anna A. Lounsbury 337 " 339 " 1218 W. C. Sheldon 1219 " ' 242 Lucie Robins McCormack 24 to 164 Mary Walton Rose 1472 N. H. J'asman 2517 Mrs. Geo. E. Cots 650 Caroline E. Small 651 It 631 Mrsr. H. J. Schulte 632 11 1031 Elizabeth J. Gibson 438 John F. Vogel 1295 to 1296 " 1297 It 1298 It 1299 " 1160 1° 21 The City Engineer reported upon the written and oral protests heretofore presented to the-City Council at this meeting, which said report disclosed the following facts: The total area of the proposed assess- ment district, as determined by the City Council August 18, 1941, exclusive of streets and alleys, is . . . . . . . The total area represented by written protests filed with the City Clerk up to the hour set for the hearing October 6th, 1941, is . The total area represented. by this computation is equal to 2.16% of the total area of the assessment district. The total area represented by oral protests presented to the City Council at the time of the hearing October 6th, 1941, is . . . . . . . . . . . . The total area represented by the la.at computation is equal to 0.5% of the total area of the proposed assessment district. . . 6,812,812 sq. ft. . . . . . . 147,46o sq. ft. 33,000 sq. ft. 816 Mrs. Marian Blaich • 818 " 529 Paul A. Ferrier 8 F. G. .Fuller M 3 Elizabeth A. Bullis • 1686 Mrs. W. E. Bockman 1689 It 1604 " Mrs. A. Patterson William V. Jones Roy A. Linn and each and every protest so filed was then read, reference being hereby made ' to the written protests on file with the Clerk for further particulars. 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. Dr. H. E. Stahler, M. L. Rabbitt, Roy M. Worley, Hugh Smith, A. Uttman, John Vogel and Roy A. Lynn each addressedthe City Council on the matter of said written report and the doing of the things proposed in said written report, and propounded questions to the City Council and Engineer relative to the cost of the work and estimated assessments upon individual parcels of land. ' After a full and thorough hearing had been had in said matter, and an opportunity 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 report filed by the City Engineer in said matter, Councilman Claire offered the following motion: That all written protests be referred to the City Engineer for checking and report, and that further consideration of said matter be taken up later at this meeting. Said motion was duly seconded'by Councilman Reed; the same was carried by the following vote, to -wit: A-YES: Councilmen Reed, Claire, Allen, Brown, Gordon. NOES: Councilmen None. Absent: Councilmen None.- The City Engineer reported upon the written and oral protests heretofore presented to the-City Council at this meeting, which said report disclosed the following facts: The total area of the proposed assess- ment district, as determined by the City Council August 18, 1941, exclusive of streets and alleys, is . . . . . . . The total area represented by written protests filed with the City Clerk up to the hour set for the hearing October 6th, 1941, is . The total area represented. by this computation is equal to 2.16% of the total area of the assessment district. The total area represented by oral protests presented to the City Council at the time of the hearing October 6th, 1941, is . . . . . . . . . . . . The total area represented by the la.at computation is equal to 0.5% of the total area of the proposed assessment district. . . 6,812,812 sq. ft. . . . . . . 147,46o sq. ft. 33,000 sq. ft. After some discussion by the members of the City Council,and considering • the report of the City Engineer, Councilman Claire offered and moved the adoption of the following resolution, which said motion was seconded by Councilman Allen and carried by the roll call as shown in said resolution. IN THE MATTER OF THE PROPOSED ACQUISITION OF CERTAIN PROPERTY FOR THE WIDENING OF CENTRAL AVENUE BETWEEN McFADDEN PLACE AND 'B' STREET IN THE CITY OF NEWPORT BEACH, CAIFORNIA. WHEREAS, the City Council of the City Newport Beach, of ®alifornia, did, on the 18th day of August, 1941, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City in accordance with the provisions of that certain Act of the Legislature of the State of California, known as the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", as amended, and did on said day fix Monday, the 6th day of October, 1941, at the hour of seven - thirty (7:'�0) o'clock P.M., as the day and hour, and the Council Chamber in the City Hall in said City of Newport Beach as the place of hearing upon said report; and, WHEREAS, the City Clerk of said City of'Newport Beach did deposit in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said report, all in the time, manner and form required-by said Act; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby finds and determines as follows: (1) That protests in writing have not been filed by the owners (a.s defined in the "Improvement Act of 191111) of a majority of the area of the lands to be assessed with+nthe proposed assessment district, as said district is defined in said written report. (2) That the aggregate special assessment levied on the lands proposed to be assessed for such improvements, as such liability is shown in said prelim - inary written report, will not exceed fifty (50) percent of the true value of all the lands to be so assessed, as said true value is defined in said Act. rim (3) That the estimated proposed assessment to be levied for the proposed improvement against certain parcels proposed to be assessed therefor will exceed fifty (50) percent of the said true value of such parcels. AND BE IT FURTHER RESOLVED,-that the said City Council hereby finds and determines that the proposed 'improvement is feasible, and that the lands proposed to be assessed to pay the cost and expenses thereof, in the opinion of the said City Council, are able to carry the burden of such proposed assessment by reason of the fact that after said improvement is completed as proposed, the use of the lands in the proposed assessment district will be greatly benefited, to the extent that the widening of Central Avenue will relieve the traffic congestion in the district. I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Newport Beach, California, at a. regular meeting thereof on the 6th day of October, 1941, by the following vote, to -wit: AYES, COUNCILMEN Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN None. ABSENT, COUNCILMEN: None. / y7 a Uity Ulerx of the Uity o Beach, California. REPORTS OF SPECIAL COMMITTEES Geo. Noland Reporting on the application of Geo. Noland for a. license to operate a application card room and a General Store", the Chief of Police and the Police Committee, for license recommended against granting the license due to the fact that it would create an excessive number of places of its kind and let the bars down for other similar enterprises In all parts of the City. Whereupon it was moved by Councilman Allen, seconded by Councilman Claire and carried, that the application be denied. On motion of Councilman Claire, seconded by Councilman Allen and carried, Bulkhead in It was moved by Councilman Claire, seconded by Councilman Allen Bid on pier and carried, that the regular order of business remain suspended in order to & garage open bids submitted forthe construction of a pier and storage garage fronting construction on City owned property on the North aide of Lido Channel Easterly of Tract connection therewith, as follows: No. 919. There was only one bid submitted, being that of Smith Brothers Res. 2417 -B Boat Works, which was opened and read, and on recommendation of the City awarding Cont. Engineer it was moved by Councilman Claire, that Resolution No. 2)!17 -B be to Smith Bros. adopted, being a resolution authorizing the Mayor and City Clerk to sign on easement behalf of the City a contract with Smith Bros., Boat Works for the construction Block P, Tract 518. of the pier and storage garage. The motion was duly seconded by Councilman Res. 2423 John Andreson Jr. Brown and carried by the following vote, to -wit; AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. Lots 3, 12, 13, 14, 15 and NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. On motion of Councilman Claire, seconded by Councilman Allen and Insurance on carried, the regular order of business was continued suspended in order to City cars open and consider the bids submitted for insurance on.City owned automobiles. resolutions were adopted and the grants of easement were accepted by the Seven bids were submitted by agents representing the following companies: following vote, to -wit: Hartford Accident and Indemnity Co., Fidelity and Casualty Co..of New York, Firemen's Fund Indemnity Co., The Travelers Ins. Co. of Hartford, Conn. (2), Brown, Gordon. United States Fidelity and Guaranty Co., and the Insurance Company of North NOES, COUNCILMEN: None. America. All bids being based on quotations submitted by.the National Bureau of Casualty and Surety Underwriters, it was moved by Councilman Brown, seconded by Councilman Reed and carried, that the bids be referred to the City Engineer for checking. Whereupon it was advised that the bids.were exactly alike and It was suggested that the numbers be drawn from a hat to determine to whom the insurance should be awarded, and on motion of Councilman Allen, seconded by Award to Jordan, Councilman Reed and carried, it was so ordered with the result't.that the winning Twist & Parker number was drawn by the agency of Jordan, Twist & Parker. Lew H. Wallace, who submitted a bid for the insurance on behalf of the Hartford Accident and Indemnity Co., objected to the method of awarding the insurance, however his number was included in the drawing. On'motion of Councilman Claire, seconded by Councilman Allen and carried, the automobile insurance was awarded to the firm of Jordan, Twist & Parker. On motion of Councilman Claire, seconded by Councilman Allen and carried, the regular order of business was resumed. It was moved by Councilman Claire, seconded by Councilman Allen and carried, that the reading of the reports of Heads of Departments be dispensed with. REPORTS OF SPECIAL COMMITTEES Geo. Noland Reporting on the application of Geo. Noland for a. license to operate a application card room and a General Store", the Chief of Police and the Police Committee, for license recommended against granting the license due to the fact that it would create an excessive number of places of its kind and let the bars down for other similar enterprises In all parts of the City. Whereupon it was moved by Councilman Allen, seconded by Councilman Claire and carried, that the application be denied. On motion of Councilman Claire, seconded by Councilman Allen and carried, Bulkhead in the regular order of business was suspended in order to take up the matter of the Tract No. 518 proceedings in connection with the construction of a bulkhead fronting on Block P, Tract 518, whereupon the City Attorney presented certain grants of easements in connection therewith, as follows: Res. 2420 to Res. 2420 Milton W. Davenport Lot 4, Blk P, Tract 518. 2424, grants of Res. 2421 Alex J. Carson Lots 5, 9, 10 and 11, easement Block P, Tract 518. Res. 2423 John Andreson Jr. Lots 6 & 7, Blk P, Tract 518. (Res. 2421¢ V. E. Britton Lots 3, 12, 13, 14, 15 and 16, Blk P, Tract 518, Res. 2422 Chester C. Hosmer at ux Lot 8, Blk P, Tract No. 518 On motion of Councilman Claire, seconded by Councilman Allen, the resolutions were adopted and the grants of easement were accepted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. 0 0 1 J i1 u u fl 0 ,I] 0 0 23 On motion of Councilman Claire, seconded by Councilman Brown, the condem- A.J.Carson nation suit vs Alex J. Carson was ordered dismissed by.the following vote, to -wit: condemnation AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon, dropped NOES, COUNCILMEN: None. Western Cann - ASSENT, COUNCILMEN: None. eries Pursuant to instructions heretofore given by the City Council, the City oil storage Engineer presented Plan No. 4101 together with specifications for the construction Plan 410 of a reinforced cement concrete sheet pile bulkhead and appurtenances, adjacent to bulkhead in the easterly line of Block P of Tract No. 518. Tract 518 WHEREUPON Councilman Claire moved that said Plan and Specifications be storage approved, which motion was seconded by Councilman Allen, and carried by the following on the table. vote: C.A.Hadsell AYES: Councilmen Reed, Claire, Allen, Brown, Gordon. by Councilman Allen and carried, granted subject to the approval of the Fire Chief and NOES: Councilmen None. zoning restrictions. ABSENT: Councilmen None. The application of the Richfield 011 Corporation for a permit to install Councilman Claire, offered and moved the adoption of Resolution No. 2417, Res. 2417 being a Resolution of Intention for the construction of a reinforced cement concrete Resolution of sheet pile bulkhead and appurtenances, adjacent to the easterly line of Block P. of Intention to Tract No., 518, which motion was seconded by Councilman Reed, and upon roll call the construct said Resolution was adopted by the following vote: bulkhead in AYES: Councilmen Reed, Claire, Allen, Brown, Gordon. Tr. 518 NOEB: Bouncilmen None. ABSENT: Councilmen None. On motion of Councilman Claire, seconded by Councilman Allen and carried, the regular order of business was resumed. COMMUNICATIONS The application of Lupe Schetne for a license to run a restaurant at 601 Lupe Schetne Coast Highway, was on motion of Councilman Claire, seconded by Councilman Allen and license carried, granted, subject to the approval of the Health Officer. 34th Street, The application of Western Canneries Inc. for a permit to install under- Western Cann - ground storage for fuel oil at 3000 Lafayette Avenue, was on motion of Councilman eries Claire, seconded by Councilman Allen and carried, granted subject to the approval of oil storage the Fire Chief. del Mar The application of the Italian Food Products for a permit to install under- Italian Food ground storage for fuel oil at 3010 Lafayette Avenue, was on motion of Councilman Prod. oil Claire, seconded by Councilman Allen and carried, granted subject to the approval of storage the Fire Chief. on the table. The application of Chas. W. A. Hadsell for a permit to install underground C.A.Hadsell storage for gasoline at 123 - 34th Street, was on motion of Councilman Claire, seeondedgas storage by Councilman Allen and carried, granted subject to the approval of the Fire Chief and J.R.McCoy zoning restrictions. 10th Streets The application of the Richfield 011 Corporation for a permit to install Richfield Oil underground storage for the handling of petroleum products in connection with a gas storage commercial pier and float for a marine service station fronting on Lots 2, 3, 10 and 11, Balboa Bayside Tract, was presented, and on motion of Councilman Claire, seconded by Councilman Reed and carried, same was granted subject to the approval of the Fire Chief. The request of H. L. Caldwell to have a certain section of Garnet Avenue, H "L.Caldwell Balboa Island, cleared of weeds, was on motion of Councilman Allen, seconded by weeds Councilman Brown and carried, referred to the Street Department. The request of Elizabeth Boyles for help in eradicating rats infesting E•Boyles the neighborhood in the vicinity of Finley Avenue and 34th Street, was presented rats together with a communication from the Agriculural Commissioner of Orange County in connection with the eradication of ground squirrels in the Corona del Mar district, and after some discussion of the matter, it was moved by Councilman Claire, seconded by Councilman Reed and carried, that same be laid on the table. The letter of Dr. John Rush McCoy In praise of the efficiency of the J.R.McCoy life guard stationed at the Bay Front between 9th and 10th Streets during the praise of summer was presented and read, and on motion of`Councilman Claire, seconded by guard. life Councilman Allen and carried, was referred to Fire Chief Crocker in charge of that department. The letter of L. 0. Hammond,.Editor of the Redlands Daily Facts, commend- L.O.Hammond ing the City Administration in the matter of handling City affairs and suggesting praise of some improvements for the Seashore Colony Tract, was presented and read, and on administration motion of Councilman Brown, seconded by Councilman Allen and carried, the City Clerk was instructed to thank Mr. Hammond for his consideration. On motion of Councilman Reed, seconded.by Councilman Allen and carried, the regular order of business was suspended in order to take up the matter of the Re- Zoning in hearing advertised for at this date in connection with the re- zoning of certain Corona del Mar property in the Corona del Mar district. The City Clerk presented and read Resolution No. 191 of the City Planning Hearing. Commission recommending the re- zoning of Lots 2 and 4, Block 731, Corona del Mar, from R -2 to C -1 classification as petitioned for by Adeline.Rossi. The Clerk also read the letter of Thomas Miller in protest of the re- zoning, Mrs. Beebe and Mr. Miller, daughter and son of Thomas Miller, protested orally against the re- zoning. Barbara M. Brooks also addressed the Council in protest of the re- zoning. Consider- able discussion was had regarding the matter, whereupon it was moved by Councilman Claire that a resolution be adopted approving the recommendation of the Plannirg Commission. The motion was duly seconded by Councilman Reed and carried by the following vote, to -wit: AYES, COUNCILMEN: Reed, Clair:e,7Allen, Brown,Gordon. NOES, COUNCILMEN: None." ABSENT, COUNCILMEN: None. I', Frank L. Rinehart, City Clerk of'th6 City of Newport Beach; hereby certify that the above and 'foregoing Resolution was passeA�—a�nd adopted by the Bity Council of the City of Newport Beach at regula nae ing thereof held on the 6th day of October, 1941 III iii uitiy ulerx of the Uity of Newport Beach On motion of Councilman Claire, seconded by Councilman Allen and carried, the regular order of business was resumed. W 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 17 eeting thereof held on the 6th day of October, 1941. City lerk of the City of Newport Beach , Planning Comm. the Commission Resolution No. 194 recommending the extension of the C -1 zone from its present termination at Finley Avenue northerly to-Short re- zoning Street, was presented, and on motion of Councilman Brown, seconded by Councilman Ad. for hearing Allen and. carried, the City Clerk was instructed to advertise for a public hearing on the matter for the 3rd day of November, 1941.• COMMUNICATIONS The request of C. King Brugman on ba.half of the American Power Boat C.K.Brugman Association, together with the recommendation of the Newport Harbor Chamber of American Power Commerce for permission to state the Annual Pacific Coast Inboard Speedboat Boat Assn races in the North Channel of Newport Bay, were presented, and on motion of • races Councilman Reed, seconded by Councilman Allen and carried, same was granted subject to the event being under the supervision of the Harbor Master. The letter of Chas. F. Dennison requesting that the Council give C.F.Dennison some attention to the traffic situation through the Corona del Mar district traffic in was presented, together with a letter from Luis S. Kemnitzer complaining of Corona del Mar the traffic hazards in that district. On motion of Councilman Reed, seconded by Councilman Brown and carried, the letters were ordered filed and Mr. Dennison to be notified that traffic signs had been erected In that area. ' The request of George L. Bates that the City participate in a dredg- G.L.Bates ing project in the vicinity of 35th Street and the Rivo Alto, was presented, dredging near and on motion of Councilman Reed, seconded by Gouncilman Allen and carried, 35th St. same was referred to the City Engineer. The letter of Roy D. Stone complaining of delinquent taxes and pen - R.D.Stone alties due on Lot 55, Tract 682, Corona del Mar, was presented, and on motion delinquent taxes of Councilman Allen, seconded by Councilman Reed and carried, same was ordered filed and the writer advised that nothing could be done about the matter.- F.G.Pellett The communication of Frank G. Pellett, Secretary of the Brotherhood , P /E.Bus line of Railroad Trainmen- requesting representation at a hearing in connection with the operation of bus service by the Pacific Electric Railway Company, was presented and read, and on motion of Councilman Allen, seconded by Councilman Reed and carried, was ordered filed. R.Hodgkinson The letter of Chief of Police Hodgkinson relative to fees to be paid doctors fees to doctors called in cases of emergency,• was presented and read, and on motion of Councilman Brown, seconded by Councilman Allen and carried, was referred to . . the City Attorney. O.B.Reed The letter of Councilman Reed regarding the opening of the street street between 35th and 36th Streets on Lake Street, was presented and read, the necessity of the opening of this particular section being the increase in opening traffic due to the-improvement of 32nd Street now in progress. After some discussion of the matter, it was moved by Councilman Reed, seconded by Council - man Allen and carried, that the question be referred to the Committee of the Whole. Geo.Hiner The request of Gedrge Hiner for an extension of the Live Bait Concession on the Newport pier was presented, and on motion of Councilman Reed-, seconded by pier concession Councilman Allen and carried, a renewal was granted for a period of three years. The request of Chief of Police Hodgkinson for permission to atterd the R.Hodgkinson State Peace Officers meeting at Santa Rosa on October 8th to 11th inclusive and convention to take his vacation from October 15th to November 1st, was presented, and on motion of Councilman Allen, seconded by Councilman Reed and carried, same was granted. UNIFNISHED BUSINESS ' The application of the Richfield Oil Corporation for a permit to Richfield Oil construct a commercial pier and float for a marine station between Adams and Corp. Palm Streets fronting on Lots 2, 3, 10 and 11, Block 3, Balboa Bayside Tract, pier permit having been approved by the City Engineer, was on motion of Councilman Brown, seconded by Councilman Allen and carried, granted. NEW BUSINESS The monthly demands having been audited by the Finance Committee, were Demands on motion of Councilman Allen, seconded by Councilman Brown and carried, allowed and warrants ordered drawn for same. Due to illness Councilman Claire asked permission to leave the meeting at this time. Insurance Insurance policies covering varies City owned properties presented by Eugene Elliott, L. W. Briggs, Chas. F. Dennison and Anna Hawkins Lane, were on policies motion of Councilman Reed seconded by Councilman Brown and carried, awarded for five a period of years each. On motion of Councilman Reed, seconded by Councilman Allen and carried, Survey of city property a re- survey of City owned property for insurance purposes was ordered. Planning Commission Resolution No. 193 granting a variance to B. B. Minute Res. Minute Brewer and covering Lot 3, Block 4, Section 2, Balboa Island, was presented, and on motion of Councilman Brown, seconded by Councilman Allen, same was approved by variance t t o the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. , NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. 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 17 eeting thereof held on the 6th day of October, 1941. City lerk of the City of Newport Beach , Planning Comm. the Commission Resolution No. 194 recommending the extension of the C -1 zone from its present termination at Finley Avenue northerly to-Short re- zoning Street, was presented, and on motion of Councilman Brown, seconded by Councilman Ad. for hearing Allen and. carried, the City Clerk was instructed to advertise for a public hearing on the matter for the 3rd day of November, 1941.• `J v 0 W Councilman Brown moved the adoption of a resolution, being a resolution Min.Res. authorizing the Mayer and City Clerk to sign on behalf of the City of Newport Beach purchase of a contract for the purchase of an aerial ladder for the Electrical Department. The aerial motion was seconded by Councilman Allen and carried by the following vote, to -wit: ladder AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, OOUNCILMEN: None. ABSENT, COUNCILMAN: Claire. 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 at a regular me ng thereof held on the 6th day of October, 1941. 1 5� or ivewporL zeacn. Councilman Reed brought up the matter of acquiring sufficient land for Purchase of the purpose of extending the ramp from Pacific Drive to Fernleaf Avenue, Corona land for del Mar and moved the adoption of a resolution authorizing the purchase of same ramp in from Properties Incorporated; in accordance with the terms and conditions set CDM forth in their offer. The motion was duly seconded by Councilman Allen and the resolution, designated•.2417 -A; was adopted.by: the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. The dity Engineer presented a Map, No. 47 -1256, being a map showing land Adopting Map to be acquired.for widening Central Avenue between McFadden Place and "B" Street, for widening and on motion of Councilman Allen, seconded by Councilman Brown and carried, the of Central map was adopted by.the following vote, to -wit: Ave. AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN; None. ABSENT, COUNCILMAN: Claire. On motion of Councilman Brown, seconded by Councilman Allen the assessment Assessment Map in connection with the widening of Central Avenue from McFadden Place to "B" Nap for Street was adopted by the following vote, to -wit: widening AYES, COUNCILMEN: Reed, Allen, Brown, Gordon.. Central Ave. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN:. Claire.. which was read in full, Councilman Allen moved that the Ordinance of Intention,,,in connection with the widening of Central Avenue from McFadden Place to "B" Street be passed to the second reading, the motion was duly seconded by Councilman Brown and the ordinance passed to the second reading by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. Resolution No. 2416 was presented, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach an agreement with the American Rubber Manufacturing Co. for the purchase of fire hose, and on motion of Councilman Brown, seconded by Councilman Allen, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. The City Attorney presented an Ordinance, being an ordinance amending certain sections of Plumbing Ordinance No. 379, and on motion of .Councilman Allen, seconded by Councilman Reed and carried, same was laid on the table for further study. City Attorney Thompson presented the matter of assessments vs. the Owl Boat Company with a request from the Attorney for said Company for a revision of assessments. On motion of Councilman Reed, seconded by Councilman Brown and carried, the City Attorney was instructed to notify the Boat Company that no change could be made. Resolution No. 2425 was presented, being a resolution accepting a Quitclaim Deed from Ralph D. Hoard and Jeanne B. Hoard, husband and wife, and covering Lot 11, Block 3, Balboa Tract, and authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach, a cancellation of the contract with said Ralph D. Hoard and Jeanne B. Hoard. On motion of Councilman Allen, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. City Attorney Thompson presented the decision of the District Court of ' Appeal in the matter of the City of Newport Beach vs. Rudy Goetz, in which the decision of the lower courts in favor of the City were upheld. On motion of Councilman Allen, seconded by Councilman Reed and carried, the report was ordered filed and a record of same to be made in the Minutes. On motion of Councilman Allen, seconded by Councilman Brown,the Mayor and City Clerk were authorized to sign the order in connection with bonds issued pursuant to Resolution No, 304, Series "D" bonds. The motion was carried by the following vote, to -wit: AYES, COUNCILMEN. Reed, Allen, Brown, Gordon. • NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. let reading of Ord. of intention Res. 2416 agreement with America Rubber Mfg.C- let reading of am?nd to plumb.. ord. Owl Boat Co. assessments Res. 2425 cancelling Cont. with R.D.Hoerd et ux Rudy Goetz court decision .Order Res. 304, Series I'D" Bonds. 26 Order On motion of Councilman Allen, seconded by Councilman Brown, the Mayor Series70 G" and the City Clerk were authorized to sign the order in connection with bonds Bonds issued pursuant to Resolution No. 370, said bonds being designated as Series "G" bonds. The motion was carried by the following vote, to -wit: RYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. Res. 2443 to Resolutions No. 2443 to 2451 inclusive were presented, being resolutions Re Res. 244 authorizing the Mayor and City Clerk to execute agreements with the following 2451 bond agree- people, and affecting the following bonds. ments Res. 2443 R. D. Crowell Series "G", Res. No. 370. Res. 2441 Resolution No. 2441 was presented, being a resolution authorizing the agreement Mayor and City Clerk to execute on behalf of the City of Newport Beach, an with W. L. agreement between the City of Newport Beach and W. L. Valentine, for the docking Valentine of the boat "Volador ". On motion of Councilman Allen, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. 0 0 n n n Res. 2444 R. D. Crowell Series "D ", Res. No.304 Res. 2445 Ida Crowell Series "D ", Res. No'. 304 Res. 2446 Susie L. Wadley Series "D ", Res. No. 304 Res. 2447 Susie L. Wadley Setles "G", Res. No. 370 Res. 2448 R. D. Crowell Series "G", Res. No. 370 Res. 2449 Belle Crowell Series "G ", Res. No. 370 Res. 2450 Belle Crowell Series "D ", Res. No. 304 Res. 2451 Ida Crowell Series "G", Res. No. 370 On motion of Councilman Allen, seconded by Councilman Brown, the resolu- tions were adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: Claire. Res. 2419 Resolution No..2419 was presented, being a resolution authorizing the Court case Mayor and City Clerk to approve in writing the stipulation in the court case R.P.Ma.skey No. 39957 of the City of Newport Beach vs.-Ralph P. Maskey et ux, and on motion of Councilman Allen, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. .NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: Claire. Res. 2419 -A Resolution No. 2419 -A was presented, being a resolution authorizing the court case Mayor and City Clerk to approve in writing the stipulation in the court case Horace Parker No. 39843 of the City of Newport Beach vs. Horace Parker, et al; andon motion et al of Councilman Allen, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. Buena. Vista The report of City Engineer Patterson regarding the survey of Buena Blvd. survey Vista Blvd. of which the survey agrees with that made by Engineer Don Hilliard, was presented, and on motion of Councilman Allen, seconded by Councilman Brown and carried, same was approved and any obstructions existing in said street were ordered removed. Geo.Watson The application of Geo. Watson to construct a pier and landing float pier permit fronting on Lot 3, Block 335, Canal Section, having been approved by the City Engineer,• was on motion of Councilman Allen, seconded by Councilman Brown and carried, granted. J.B.Gill The application of J. B. Gill for permission to construct a pleasure pier permit pier and float fronting on Lot 444, Tract No. 907, Lido Isle, having been approved by the City Engineer, was on motion of Councilman Allen, seconded by Councilman Brown and carried, granted. Plans for The plans and specifications for the construction of boat slips front - boat-slips ing on the easterly portion of City owned property easterly of Tract No. 919, were presented by the City Engineer, and on motion of Councilman Brown, seconded by Councilman Allen and carried, same were approved. On motion of Councilman Allen, seconded by Councilman Reed, the City Adv. for bids Clerk was instructed to advertise for bids for the construction of boat slips on the easterly portion o -f City owned property easterly of Tract No. 919. The motion was carried by the following vote, to -wi•t: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN. None. ABSENT, COUNCILMAN: Claire. Res. 2441 Resolution No. 2441 was presented, being a resolution authorizing the agreement Mayor and City Clerk to execute on behalf of the City of Newport Beach, an with W. L. agreement between the City of Newport Beach and W. L. Valentine, for the docking Valentine of the boat "Volador ". On motion of Councilman Allen, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. 0 0 n n n 27 Resolution No. 2442 was presented, being a resolution authorizing the Res. 2442 Mayor and City 'Clerk to execute on behalf of the City of Newport Beach, an agreement agreement between the City of Newport Beach and John Ford for the docking of with the boat "Araner ". On motion of Councilman Allen, seconded by Councilman Brown, John Ford the resolution was adopted by the following vote, to -wit: • AYES; COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. It was moved by Councilman Reed, seconded by Councilman Allen, that the Wage Scale wage scale in connection with the construction of boat slips, as prepared.by the for const.of City Engineer, be approved. The motion was carried by the following vote, to -wit: boat slips IYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. On the request of Water Supertindent Patterson, John McMillan, Assistant John McMillan Water Superintendent was granted permission to addtend the Waterworks convention convention to be held in Fresno Oct. 20th to 25th, on motion of Councilman Brown, seconded by Councilman Allen and carried. It was moved by Councilman Brown, seconded by Councilman Allen and Convention ' carried, that Councilmen and Heads of Departments be granted leave of absence expenses while attending the conventions respecting their particular departments and there be appropriated for each person attending said conventions the sum of $10 per day for fare and living expenses. Councilman Brown moved the adoption of a resolution, being a resolution Minute Res. authorizing the Mayor and City Clerk to execute on behalf of the City of Newport quitclaim dee- Beach quitclaim deeds to the following people and covering the following described on tax property: delinquent property Emily A. Fitzgerald Lot.17, Block 18, Section B. redeemed H. E. Jamieson et al Lot 10, Block 333, Corona del Mar. Josephine L. Hir.schler Lot 45, Sub of Block A, East Newport The motion was duly seconded by Councilman Allen and the resolution adopted by the following vote, to -wit: 'AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NCE S, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. 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 at a regular eting thereof held on ' the 6th day of October, 1941. ity Jerk of the ity of ewport each Resolutions No. 2426 to 24-3.9 were presented, being Resolutions author- Res. 2426 to izing the Mayor and City Clerk to execute grant deeds to the following people and 24.39 Inc. covering the following described property sold to them. sales of Res. 2426 Gerald. W. Ritchie Lots 19 and 21, Block 539, City owned property. Corona del Mar. Price $380.00 Res. 2427 Hector L. Gibbons et ux NEly 20' of Lot 12 and Sally 201 of Lot 14, Block 435, Corona del Mar Price $300.00 • Res. 2428 Frances Dean Bassett Lots 1, 2 and 3, Block 33, Resub of Corona del Mar Price $3500.00 Res. 2429 Abe Cosby Lot 10, Block 439; Lots 21 and 22, Block 440; Lot 21 Block 441; Lot 1 Block 539; Lot 2, Block 542. Corona del Mar. Price $1180.00 Res. 2430 James Donald Douglas et ux Lot 17, Sub of Blk 227, Section A Price $350.00 Res. 2431 Frank R. Varnum et ux Lot 2, Block 637; Lots 2 and 4, Block 638, Corona del Mar. Price $580.00 Res. 2432 Michael Roland et ux Lots 14, 16 and 18, Block 741, Corona del Mar. Price $350.00 Res. 2433 H. Cardoza Sloan et ux SEly 39 113 ft of Lots 20 and 22, Block 4431, Corona del Mar • Price $125.00 Res. 2434 Braden Finch et ux Lot 60 Block A, Tract 673 Price 6450.00 YIN rAM Res. 2435 Foster Bryant et ux Res. 2436 Mary Oberto Res. 2437 Catherine A. Smith Res. 2435 Edward R. Siple Res. 2439 J. S. Me116 SWly z of Lot 15, Block 630 Coron& del Mar. Price $125.00 NEly a of Lot 15, Block 630 Corona del Mar. Price $125.00 7.44 ac in Lot A, Tr. 919 Price $7500.00 Lot 10, Block 635, Canal Sec. Price $225.00 Lots 20 and 21, Block 225, Lancaster Addition Price $350.00 Whereupon it was moved by Councilman Brown that the resolutions be adopted, the motion was duly seconded by Councilman Allen and carried by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMAN: Claire. Res. 2440 Resolution No. 2440 was presented, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a quit - quitclaim claim deed to Edith B. Tate and covering Lots 15 and 19, Block 431, Corona del deed to Mar. On motion of Councilman Brown, seconded by Councilman Allen, the resolu- Edith B.Tait. tion was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Allen, Brown, Gordon. .NOES, COUNCILMEN: None. ABSENT, COUNCILMAN': Claire. ADJOURNMENT On motion of Councilman Reed, seconded by Councilman Brown�;nd carried, an adjournment was taken to 7:30 o'clock p. m. Monday, er 20,E ,1941. TEST: ity Clerk of cne uiky-pa ivewoor ounc r nn nniI m.n 0 L 0 0 n L