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HomeMy WebLinkAbout09/07/1943 - Regular Meeting,. ,. Newport Beach, September 7, 1943. Mayor Hall appointed the following Committee to .interview Mr. Sherman in an effort to have him reconsider the matter, Chairman Councilman Allen, Councilman Reed and Councilman Isbell. 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 Hall presiding. Roll call The roll was called, the following Councilmen answering present: Allen, Isbell, Reed, Kirk, Hall. Absent, Councilmen: None. Mayor Hall asked if any member of the Council, or any one in the audience, wished the Minutes of the previous meeting of the Council, or any part thereof, read, no one responded, and the reading of the Minutes was dispensed with. , REPORTS OF HEADS, OF DEPARTMENTS The report of the City Treasurer was read, and on motion of Councilman Allen, seconded by Councilman Kirk and carried, the reading of the other reports was dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. ' COMMUNICATIONS James Van Fleet The application of James Van Fleet for a license to operate a pool license hall and lunch counter at 109 McFadden Place in the Casey Building, was on motion of Councilman Isbell, seconded by Councilman Reed and carried, granted. The letter of Harry Breithaupt advising that the license granted Foster Bryant him to operate a retail fish market at 1301 State Highway was not desired by application him, and the letter from Foster Bryant requesting that the license be granted for license him, were read, and on advise of the City Attorney that payment for the license must accompany the application, the City Clerk was, on motion of Councilman Allen, seconded by Councilman Isbell and carried, instructed to notify Mr. Bryant accordingly. blizabeth Porter A map, together with a written request, was presented by Elizabeth property line Porter Wyatt for the establishing of a property line seaward of Block 22, Balboa Eastside Addition. Lt. Frederick-Clifford addressed the Council at length on behalf of Mrs. Wyatt and other property owners in the block and presented maps and other data in connection with the matter. After considerable discussion of the question it was moved by Councilman Allen, seconded by Council- man Reed and carried, that the City Attorney handle the matter, which was to the effect that the City would not agree to purchase any part of the Ocean frontage nor guarantee of title. A.F.Pfirrmann A letter was presented from August F. Pfirrmann, together with a pier removal petition signed by property owners in Tract 626, protesting the removal of ' the pier from 14th Street and the Bay Front, and inasmuch as the pier had already been moved to 15th Street and the Bay Front there was nothing that .could be done in the matter. John S. Harris The communication of John Sherrod Harris on behalf of the Citizens protesting National Bank of Los Angeles, protesting certain sections of the Zoning Ordinance, zoning was read, whereupon the City Engineer verbally replied to same, as did Councilman Kirk who suggested that the Corona del Mar people should consider the question. After some further discussion of the matter, it was moved by Councilman Reed, seconded by Councilman Kirk and carried, that the City Council instruct the Planning Commission to order a hearing on the question, the City Clerk being instructed to notify the Planning Commission accordingly. Geo.Callahan The letter of George and Martha Callahan protesting any restrictions protesting affecting their property, as contained in the new Zoning Ordinance, was read, zoning and on motion of Councilman Allen, seconded by Councilman Reed and carried, same was ordered filed. A.J.Twist et al The communication of A. J. Twist and Gerald W. Ritchie complaining of prices on CIty the raise in prices on Corona del Mar property, was read. City Auditor Gant • lots addressed the Council regarding the matter, and on motion of Councilman Allen, seconded by Councilman Kirk and carried, the communication was ordered filed. Several letters in praise of the present management of the City Camp Camp ground Ground were presented and read, and on motion of Councilman Kirk, seconded by praise Councilman Allen and carried, the letters were referred to the Chamber of Commerce. K.'W.Gorton The request of Chief of Police Hodgkinson for the appoint of K. W. appointment as Gorton as Assistant Chief oaf Police at a salary of $225 per month, was ' Ast. Chief of presented, and on motion of Councilman Isbell, seconded by Councilman Allen Police and carried, the request was granted. The request of Chief of Police Hogdkinson for the temporary appoint - V.I.McManigal went of Vincent Irvine McManigal as patrolman at a salary of $160 per month, employment was on motion of Councilman Isbell, seconded by Councilman Allen and carried, granted. H.L.Sherman The letter of H. L. Sherman tendering his resignation from any resignation advisory capacity in the Newport Beach Civilian Defense, was presented, said resignation to take effect any time suitable to the convenience of the Council , between this date and September 30, 1943, and also stating that as long as he is available he would serve as a volunteer on the Control Center Staff during periods of air raid alarm and drills. There was some discussion of the matter, the Council being reluctant to accept the resignation. On motion of Councilman Reed, seconded by Councilman Isbell, the resignation was accepted as requested by Mr. Sherman, by the following roll call vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMAN: None. ABSENT, COUNCILMEN: None. Mayor Hall appointed the following Committee to .interview Mr. Sherman in an effort to have him reconsider the matter, Chairman Councilman Allen, Councilman Reed and Councilman Isbell. 167 UNFINISHED BUSINESS The matter of weed abatement was brought up, affidavits of posting Weed abatemen! being presented by the City Engineer, the City Clerk advised that no protests • had been filed in the matter. Whereupon it was moved by Councilman Reed, seconded by Councilman Allen and carried, that the report of the City Engineer pertaining to weed hbatement on Lide Is1bg be accepted. On motion of Councilman Reed, seconded by Councilman Isbell and carried, the report of the City Engineer pertaining to weed abatement on Central Avenue and other streets was.accepted. The Clerk reported that this was the time and place fixed for the Hearing on hearing of protests or objections against the work or the district described sewer project ' in Resolution of Intention No. 2851, in the matter of the construction of sanitary sewer mains and appurtenant work in Central Avenue and other streets and alleys, adopted by the City Council on the 9th day of August, 1943. The Clark also reported that the affidavits in proof of the publication of the Resolution of Intention, the mailing of notices of the adoption of said Resolution of Intention and of the posting of the Notice of Improvement, as required by law,.have been made and are on file in the office of the City Clerk. The Mayor then inquifted of the Clerk- whathe:r any written protests or objections against the work or the assessment district had been filed with him ' in said mentioned matter. The Clerk reported that certain written protests had been filed with him prior to the time set for the hearing, by the following: Gerald H. Hagar, W. A. McIntosh, M. B. Walbridge, Mrs. Matilda Griggs, A. N. Amerkanian, T. M. Humphrey, Mary J. Anderson, Chas. H. Tucker, Paul A. Ferrier, Clara E. Balmat, Hazel Remy, Harley Woodhouse, M. Louise Munro, Claire Claxton, Fatima C. Williams, Z. H. Jarman, W. E. Strong. The Mayor then announced that this was the time and place set for hearing of protests or objections against the proposed work or the assessment district, each as set forth in said Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. No one responded. The engineer reported that the. protests represented approximately .0015% of the area of the assessment district. All protestants having been heard and an opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council having before it the Plant of the assessment district and being familiar with the assessment district, and also having considered all protests filed, and having considered the character and nature of the proposed work and the necessity for the •same for the preserva- tion of the public health, peace and safety, and also having considered the matter as to the area of the property to be assessed for the said improvement represented by the several protests filed, Councilman Allen presented the following resolution and moved its adoption: WHEREAS, certain protests having been filed by Gerald H. Hagar and others, protesting against the doing of the work described in said Resolution of Intention No. 2851, and /or against the assessment district; and ' WHEREAS, the City Council has carefully considered all protests or objections and having considered the total area of property represented by said protests in connection with the total area of property in the district; NOW, THEREFORE, BE IT RESOLVED by this City Council, that it does hereby find and determine that the said protests or objections have been made by the owners of less than one -half of the area of the property to be assessed for the said work and improvement, as set forth in said Resolution of Intention No. 2851; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be and the same are hereby overruled and denied. Said motion was duly seconded by Councilman Kirk and upon roll call the same was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Kirk, Isbell, Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Councilman Allen then offered and moved the adoption of the Resolution Res. 2853 • Ordering Work No. 2853, in the matter of the construction of Sanitary Sewer Mains ordering work in Central Avenue and other streets and alleys as described in Resolution of on seder Intention No. 2851, which motion was duly seconded by Councilman Kirk and upon project roll call the same was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Kirk, Isbell, Reed, Hall. NOES, COUNCILMEN: None.. ' ABSENT, .COUNCILMEN: None. NEW BUSINESS The hearing set for this date in the matter of the removal of a Brick wall delapidated brick wall on Lot 11, Block 10, Balboa Tract, was on motion of. removal Councilman Reed,.seconded by Councilman Kirk and carried, continued to October 4, 1943. Resolution No. 2855 was presented, being A RESOLUTION OF THE CITY Res. 2855 COUNCIL OF THE CITY OF NEWPORT BEACH, FIXING THE RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF NEWPORT BEACH WHICH 9Axl%- tax rates for IS TAXABLE THEREIN. FOR MUNICIPAL PURPOSES. On motion of Councilman Allen, 1943 -44 seconded by Councilman Reed, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Kirk, Isbell, Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COU NCf LMEN: None. . The written acceptance of the terms and conditions of Franchise So.Co. Gas Cc Ordinance No. 524 by the Southern Counties Gas Company of California, was accepting presented and read, and on motion of Councilman Reed, seconded by Councilman Franchise Allen and carried unanimously, same was approved and ordered filed. Res. 2859 to 2898 Incl. sale of City owned property Resolutions No. 2659 to 2896 inclusive, were presented, being resolutions authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach, grant deeds to the following people and covering the following property sold to them: Res. 2859 Lankford Virgil Phebus Jr. et ux Res. 2860 W. Arthur Farrar et Ok Res. 2861 Fred C. Duesler et ux Res. 2862 Jack Gillis et ux Res. 2863 Irene Nehring Irby Res. 2864 Julia E. Raquet et al Res. 2865 . C. W. Welter et ux Res. 2866 R. G. Kinsman et ux Lot 16, Block 35, tat Add to Newport Heights Price $200.00 � Lot Price, $1000.00� Tract 323 Lots 6, 8, 10 and 12, Block 35, Corona del Mar Price 900.00- Lot 14, Block 331, Lancaster Addition Price $200.00- Lot 22, Block 642, CDM Price $250.00.- Lots 1 and 3, Block 540, Corona del Mar Price $475.00,-' Lots 19 and 21, Block 635, Corona del Mar. Price $425.00. Lot 65, Tract 682 Price $340.00 0 10 Ll 7 0 Resolution No. 2856 was presented, being A RESOLUTION OF THE COUNCIL Res. 2856 OF THE CITi% OF NEWPORT BEACH, CALIFORNIA, TERMINATING THE LIABILITY UNDER Terminstirg FAITHFUL PERFORMANCE BO ND DATED DECEMBER 7, 1925, RELATIVE TO FRANCHISE GRANTED liability BY ORDINANCE No. 254, and on motion of Councilman Reed, seconded by Councilman Allen, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Demands The monthly demands having been duly ,audited by the Finance Committee, were on motion of Councilman Reed, seconded by Councilman Isbell and carried, allowed and warrants ordered drawn.for same. The report of the City Engineer in connection with the work done by J.5-Barrett contractor J. S. Barrett on the sewer main, was presented, and on motion of demand Councilman Reed, seconded by Councilman Isbell and .carried, same was accepted and the demand in favor of the contractor allowed and warrant ordered drawn. .The letter of A. S. Monroe setting forth the amount of fees in A.S.Monroe connection with the proposed construction of the sewer, being one percent of fees for sewer the contract cost not including incidentals, was presented by City'Engineer bonds etc. Patterson, and on motion of Councilman Allen, seconded by Councilman Reed and carried, the terms were accepted. H.C.Tallmadge The application of H. C. Tallmadge for a permit to construct a pier pier permit fronting on Lot 12, Block 4, Section 5, Balboa Island, was on advice of the City Engineer laid on the table for the customary two weeks. The application of E. J. Jaeklin for a permit to install marine ways E.J.Jacklin and repair shops on property leased from Scott's Landing In Block H, Tract 919, ways permit was, on recommendation of the .City Engineer, granted subject to.the approval of the War Department and the WPB, this was on motion of Councilman Allen, seconded by Councilman Reed and carried. Stella Redington The application of Stella Redington for permission to construct a groin permit thirty foot groin on the west property line of Lots 7 and 8, Block 2, Tract 626, was on motion of Councilman Allen, seconded by Councilman Reed and carried, granted aub j ect to approval of the War Department and WPB. Mrs. P. F. Craft The application of Mrs. Paul E. Craft for permission to install float permit piling and landing float fronting on Lot 4, Block 340, Canal Section, was on motion of Councilman Allen, seconded by Councilman Reed and carried, granted subject to the approval of the War Department and WPB. H. L. Conover The application of Harry L. Conover for permission to construct a application for pleasure pier fronting on a portion of Lot 1, Block 4320 Canal Section, was pier permit on motion of Councilman Allen, seconded by Councilman Reed and carried, laid on the table for two weeks. The application of Carl J. Osterberg for permission to install C. J. Osterberg piling and landing float fronting on a portion of Lot 2, and Lot 3, Block float permit 242, Canal Section, was on motion of Councilman Allen, seconded by Councilman Reed and carried, granted subject to the approval of the War Department and WPB. Res. 2857 Resolution No. 2857 was presented, being a RESOLUTION OF THE CITY Gas tax levy COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MEMORANDUM OF AGREEMENT FOR ACCUMULATION OF 1/4 CENT GAS TAX ALLOCATED FOR STREETS OF MAJOR IMPORTANCE. On motion of Councilman Allen, seconded by Councilman Reed, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 2858 Resolution No. 2858 was presented, being a RESOLUTION OF THE CITY Gas tax levy COUNCIL OF NEWPORT BEACH APPROVING MEMORANDUM OF AGREEM7NT FOR EXPENDITURE OF 1/4 CENT GAS TAX ALLOCATED FOR STATE HIGHWAYS. On motion of Councilman Allen, seconded by Councilman Reed, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 2859 to 2898 Incl. sale of City owned property Resolutions No. 2659 to 2896 inclusive, were presented, being resolutions authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach, grant deeds to the following people and covering the following property sold to them: Res. 2859 Lankford Virgil Phebus Jr. et ux Res. 2860 W. Arthur Farrar et Ok Res. 2861 Fred C. Duesler et ux Res. 2862 Jack Gillis et ux Res. 2863 Irene Nehring Irby Res. 2864 Julia E. Raquet et al Res. 2865 . C. W. Welter et ux Res. 2866 R. G. Kinsman et ux Lot 16, Block 35, tat Add to Newport Heights Price $200.00 � Lot Price, $1000.00� Tract 323 Lots 6, 8, 10 and 12, Block 35, Corona del Mar Price 900.00- Lot 14, Block 331, Lancaster Addition Price $200.00- Lot 22, Block 642, CDM Price $250.00.- Lots 1 and 3, Block 540, Corona del Mar Price $475.00,-' Lots 19 and 21, Block 635, Corona del Mar. Price $425.00. Lot 65, Tract 682 Price $340.00 0 10 Ll 7 0 "MID Res. 2867 Etna Kunzman Lot 5, Block 733,QCDM Price $225.00 - Res. 2868. Carroll B. Henderson at ux Lot 1, Block 636, CDR Price $250.00 Res. 2669 W.'Arthur Farrar et ux Lot 7, Block 538, CDM Price $250.00., Res. 2870 Anne E. Clarke Lots 19 and 21, Block 541, Corona del Mar Price $475.00 ' Res. 2871 Dorothy R. Lusk Lot 13,Block 536, CDM Price Res. 2872 Hazel S. Felker Lot 11 Block 536, CDM Price 1225.00 - Res. 2673 W. Arthur Farrar at ux Lots 15 and 17, Block 541, Corona del Mar Price $450.00 Res. 2874 Edward H. Mayo. et ux Lots 34 and 35, Block 431 Lancaster Addition Price $350.00- Res. 2875 Gerhardt T. Sterling at ux. Lots 8, 16, 16 and SWly 15 ft of Lot 20, Block 636; Lots 4 and 6, Block 742; Corona del Mar Price $1600.00' Res. 2876 Catharine M. Miller Lot 12, Block 638, CDM Price $300.00 Res. 2877 Charles Hamrick Dick Lot 10, Block 543, CDM Price $250,00•- Res. 2678 Fred C. Duesler at ux Lots 6 and 8, Block 736, Corona del Mar Price $500.00 Res. 2879 Paul N. Cossette 6t ux Lots 6 and 8, Block 637, Corona del Mar $550.00- ' Res. 2680 Elsie S. Hampton .Price Lots 2, 4 and 6, Block 640, Corona del Mar Price $700.00 Res. 2881 Jack W. Milne at ux Lot 6, Block 60, Ocean Front Price $325.00 Res. 2662 James D. Milne at ux Lot 5, Block 60, Ocean Front Price $325.00 Res. 2663 Reid S. Shepard at ux Lot 2, Block 39, Third Add. Price $275.00. Res. 2684 Glen 0. Martin Lot 7, Block 536, CDM Price $200.00^ Res. 2885 Dorothy E. Clifford at al Lot 22, Block 433, CDM • Price $350.00 Res. 2686 Harry R. Kemm Lots 11 and 13, Block 734, Corona del Mar Price $450.00 a Rea. 2687 Lucile E. Rombeau Lots 14, 15, 16, 17 and 16, Block 735, Corona del Mar Price $81075.00., Res. 2868 Oscar C. Brown at ux Lot 1, Block 639; Lots 13, 15 and 17, Block 739; Corona del.Mar. Price $925000, Res. 2669 Mildred A. Hyde Lot 2, Block 730, CDM Price $350,00- Rea. 2890 Gustave D. Grupe at ux Lot 5, Block 739, CDM Price $ 00 Res. 2691 Silas T. Lindberg et ux Lots 27, 28 and 29, Block 16, Section B Price $1050.00., • Res. 2692 Herbert H. Holbrook Lots 10, 11, 12 and 13, Block 231, Lake Tract Price $175.00e, F Res. 2893 Walter Leem ing et ux Res. 2894 Harold Kingston Res. 2895 Herbert F. Peterson et ux Res. 2896 Clarence L. Brown et ux Res. 2897 Joseph C. Snyder et al Lot 6, Block 638, CDM Price $300.00, SW 15 ft of Lot 19, All'of Lot 17, Block 542, Corona del Mar Price $412.50.r Lot 21 and NE 15' of Lot 19, Block 542, Corona del Mar Price $437.50r Lot 10 and SW 10 f t of Lot 12, Block 136, Resub o.f CDM Price $1500-00,r-, Lot 4, Block 540, CDM . Price $275.00 Res. 2898 Jack Florer et ux Lots 15 and 17, Block 635, Corona del Mar Price $500.00^ On motion of Councilman Allen, seconded by Councilman Kirk, the resolutions were adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Kirk, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. ADJOURNMENT On motion of Councilman Allen, seconded by Councilman Kirk and carried, an adjournment was taken to 4 o'clock p. m. on Monday, September 20, 1943. AT ST: y le rk o ° yor of it�wport Beach 0 0 Councilman n 11 m Cozen` lm ' o ncilman 0 0