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03/07/1938 - Regular Meeting
• APLOVED' City 'Clerk Councilman C� Newport Beach, California. March 7, 1938. 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 p.m. on above date with Mayor Williamson in the Chair. The roll was called, the following Councilmen answering present: Gordon, Claire, Whitson, Brown, Williamson. Absent: Councilmen None. • REPORTS OF HEADS OF DEPARTMENTS l3 Roll Call Ada K. Simian application for delica- tessen. Pat McClusky fish market Hal G.iloore peddling milk R. F. Dwyer pier _permit D. H. Fry pier permit H. D. Leslie pier permit F.A.Andrews pier permit )V. B. Anderson & .I. A. Boote diving float Irvine Co. land lease Mrs . A . Lat i srn_c damages Petition Newport Hts improvement Mrs.Jennie McGrew alley The report of the City Treasurer was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted, the reading of reports of other heads of Departments dispensed with and all the reports ordered filed. ' REPORTS OF SPECIAL COHIITTEES None REPORTS OF STANDING COI; ^ITTEES None COWiUNICATIONS The application of Ada Khilling Simmons for a license to conduct a delicatessen at 817 East Bay Avenue, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, allowed subject to the approval of the Health Officer. The application of Pat McClusky for a license for a fish market at 28th and Lafayette Avenue, was on motion of Councilman Claire, and carried, allowed subject to the approval of the Health Officer. The application of Hal G. Moore for a Veteran's exempt license to peddle milk, was on motion of Councilman Claire, seconded by Councilman Brown and carried, referred to a committee for investigation. The application of Richard F. Dwyer for a permit to construct a pleasure pier fronting on Lot 17, Tract 742, Balboa Island, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. The application of Donald H. Fry for a permit to construct a pleasure- pier fronting on Lot 65, Tract 907, Lido Isle, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. The application of H. D. Leslie for a permit to construct a pleasure pier fronting on Lot 36, Tract 742, Balboa Island, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Engineer for approval. The application of F. A. Andrews for a permit to construct a pleasure pier fronting on Lot 3, Block 4, Section 5, Balboa Island, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, .referred to the City Engineer for approval. • The letter of 44. B. Anderson and William A. Boote regarding the placing of a diving float in the Bay opposite their place of business, was on motion of Councilman Whitson, seconded by Councilman Claire and carried, referred to the Street Committee for report. The letter of the Irvine Company regarding the matter of a lease from the City of a certain parcel of land near Bulkhead Stations 104 and 105, was presented, and on motion of Councilman Whitson, seconded by Councilman Claire and carried, the letter was ordered filed. The letter of R. C. Mize in behalf of his client Mrs. Albert Matignon, a property owner of Balboa Island, with reference to damages alleged to have been due to the negligence of the Griffith Company and the City of Newport Beach during the construction of the Balboa Island Seawall, was presented, and on advice of the City Attorney it was moved by Councilman Claire, seconded by Councilman Whitson and carried, that the claim be denied and the City Attorney instructed to communicate with Attorney Mize in connection with the matter. A petition was presented bearing 18 names of property owners of Newport Heights requesting that San Bernardino Avenue to State Highway; Ocean Avenue from San Bernardino to Irvine Avenue and Irvine Avenue to 15th Street, be improved at the City's expense. The matter was discussed, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the request was referred to the City Engineer for an estimate as to the cost of the improvement ' and the petition was ordered filed. The letter of airs. Jennie McGrew complaining of the condition of the alley in the rear of her property in East Newport, was presented, but the report of Assistant Street Superintendent Siegel indicated that the matter had been . taken care of, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, the latter was ordered filed. l3 Roll Call Ada K. Simian application for delica- tessen. Pat McClusky fish market Hal G.iloore peddling milk R. F. Dwyer pier _permit D. H. Fry pier permit H. D. Leslie pier permit F.A.Andrews pier permit )V. B. Anderson & .I. A. Boote diving float Irvine Co. land lease Mrs . A . Lat i srn_c damages Petition Newport Hts improvement Mrs.Jennie McGrew alley EM Petition A petition was presented bearing the names of 12 residents of torrential rains and high in the public streets and complaining Seashore Colony Tract and complaining of alleged neglect on the part of the • ,about Police Police and Fire Departments in effecting rescues and assisting the residents of funds to & Fire Depts. of that section at the time the area was flooded from the broken levees of repair damages the Santa Ana River. Those addressing the Council concerning their grievances of the City of Newport were: Harry Miller, A. J. Miller, Frank Riddle, Hunter Schwonberg, P. G. ' of the city of Newport Beach Balaton, A. G. Hiss, Mrs. W. G. Marsh, Mrs. James B. Hudson, Mrs. Lena Hunter, are endangered for the reasons heretofore mentioned James B. Hudson, Mrs. P1 G. Balaton, E. N. Miller, Bars. Frank Riddle and Mrs. W. E. Cleveland. Others addressing the Council in their defense were: emergency exists by reason • Chief of Police Hodgkinson, Fire Chief Crocker, and Assistant Street Super- thereof. intendent John A. Siegel. A transcript was taken in full of the above NOW, THEREFORE, BE IT RESOLVED: That the testimony, and after considerable discussion, it was moved by Councilman Gordon, seconded by Councilman Brown and carried, that the matter be referred safeguard life, health and to the Fire Committee and the Police Committee for investigation and report. Counter- A counter- petition signed by residents in the vicinity of the 'Fun petition Zone' at Balboa was presented by A. Silman, operator of an amusement device noise from known as 'Loop -O- Plane' concerning which a complaint had been filed in a Fun Zone petition to the City Council on account of alleged noises caused by patrons of same. Mr. Silman addressed the Council and explained the reason for any noises caused from the operation of the 'Loop -O- Plane', and assured the Council that same would be abated in the future and requested that the action taken by the Council in refusing to grant future licenses for the operation, of amusement devices of-that nature be rescinded. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the matter was laid on the table until the next meeting of the Council. 1936 sewer The letter of Crenshaw, Diehl & Edwards to J. A. Gant, submitting . bond fund certain journal entries necessary in connection with the 1936 Sewer Bond Fund, was presented, and after some discussion concerning the matter it was moved by Councilman Claire, seconded by Councilman Whitson and carried, that the transfer of funds be made in accordance with the recommendation of the auditors. Harbor Master The letter of Harbor Master Bouchey regarding the construction of ' dolphins for dolphins for the mooring of larger craft seeking anchorage in Newport Bay., mooring was presented, and on motion of Councilman Gordon, seconded by Councilman Claire and carried, that the Mayor appoint a committee to investigate and report on the matter. Whereupon Mayor Williamson appointed Councilman Brown as Chairman and Councilman Gordon as Committeeman to act in connection with same. UNFINISHED BUSINESS None. NEW BUSINESS Demands The monthly demands having been duly audited by the Finance Committee, it was moved by Councilman Claire, seconded by Councilman Gordon and carried, that the demands be allowed and warrants ordered drawn for same. City Attorney Thompson presented a resolution, being A RESOLUTION OF Res. 1287 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES FOR THE MUNICIPAL ELECTION TO BE HELD City election IN THE CITY OF NEWPORT BEACH ON TUESDAY, THE 12TH DAY OF APRIL, 1938, AND officers & PROVIDING FOR THE OPENING AND CLOSING OF THE POLLS AND THE CO_gPENSAT1ON OF polling places ELECTION OFFICERS. The resolution was read, considered, designated Resolution No. 1257, and on motion of Councilman Claire, seconded by Councilman Whitson was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1288 Resolution No. 1288. WHEREAS, the recent waters of the Santa Ana River have deposited debris torrential rains and high in the public streets and , appropriation alleys in the city of Newport Beach, and have damaged the water and sewer lines of funds to of said city; and repair damages WHEREAS, it is the opinion of the City Council of the City of Newport by flood Beach that the health and safety of the inhabitants of the city of Newport Beach are endangered for the reasons heretofore mentioned and that said conditions constitute and are a great public calamity, and an emergency exists by reason • thereof. NOW, THEREFORE, BE IT RESOLVED: That the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property of the inhabitants of the city of Newport Beach; and BE IT FURTHER RESOLVED: That the City Council of the City of Newport Beach appropriate the sum of $6000.00 for the purpose of cleaning the streets of said city, repairing the water and sewer lines, and repairing the streets and alleys within said city, as well as repairing and replacing, and condition- ing property owned by said city. BE IT FURTHER RESOLVED: That advertising for bids for the doing of said work of improvement, repairing, conditioning and replacement herein mentioned be and the same is hereby dispensed with for the reason that in the opinion of the City Council of the City of Newport Beach an emergency exists demanding that said work be done immediately and time does not permit the advertising for bids for the doing of said work. 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 7th day of March, 1938, by the following vote, to- wit:.; , AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Harry H. Williamson • Frank L. Rinehart Mayor of the city of Newport Beach City Clerk 0 J lm Q 0 l J • Resolution No. 1259. A Quitclaim Deed dated the-17th day of February, 1935, from Newport Beach Bath House Company, a corporation, to the City of Newport Beach, a Municipal corporation of the sixth class of the State of California, remising, releasing and quitclaiming to the City of Newport Beach all that certain real property situated in the city of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lots 2, 3, 4, 5, 6, 7 and 5, Block 22, Newport Beach, as shown on a Map recorded in Book 3, page 26 of Miscellaneous Maps, records of Orange County, California. Subject to covenants, conditions, reservations and restrictions of record, was presented to the City Council of the city of Newport Beach, California. WHEREUPON, Councilman Claire made a motion, duly seconded by Councilman Whitson and carried, that said Quitclaim Deed be accepted by the City of Newport Beach, and the City Clerk be instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1290. A Quitclaim Deed dated the 24th day of February, 1935, from Florence D. House, as her separate property, to the City of Newport Beach, a Municipal corporation of the sixth class of the State of California, remising, releasing and quitclaiming to the City of Newport Beach all that certain real property situated in the city of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lot 73, Tract No. 652, as shown on a Map recorded in Book 20, page 19 of Miscellaneous Maps, Records of Orange County, California, was presented to the city Council of the city of Newport Beach, California. WHEREUPON, Councilman Claire made a motion, duly seconded by Councilman Whitson and carried, that said Quitclaim Deed be accepted by the City of Newport Beach, and the City Clerk be instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire,.Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1291. A Quitclaim Deed dated the 19th day of February, 1935, from A. D. Kightlinger and Pearl Kightlinger, husband and wife, to the City of Newport Beach, a Municipal corporation of the sixth class of the State of California, remising, releasing and quitclaiming to the city of Newport Beach' all that certain real property situated in the city of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lots 7 and 9, Block 630, Corona Del Mar, as shown on a Map recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, Records of Orange County, California, was presented to the City Council of the city of Newport Beach, California. WHEREUPON, Councilman.Claire made a motion, duly seconded by Council- man Whitson and carried, that said Quitclaim Deed be accepted by the City Council of the city of Newport Beach, and the City Clerk.be instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen-None. Resolution No. 1292. A Quitclaim Deed dated the 19th day of February 1935, from Inglewood Extension Company, a corporation, to the city of Newport Beach, a Municipal corporation of the sixth class of the State of California, remising, releasing and quitclaiming to the city of Newport Beach all that certain real property situated in the city of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lots 1, 2, 25, 29 and 105, Tract No. 945 as shown on a Map recorded in Book 30, pages 6 and 7 of Miscellaneous Maps, Records of Orange County, California, was presented to the city council of the City of Newport Beach, California. WHEREUPON, Councilman Claire, mad a motion, duly seconded by Council- man Whitson and carried, that said Quitclaim Deed be accepted by the City Council.of the City of Newport Beach, and the City Clerk be instructed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ' ABSENT: Councilmen None. Resolution No. 1293. A Quitclaim Deed dated the 25th day of February, 1935 from Paul B. Ellsworth and Edith W. Ellsworth, husband and wife, to the City of Newport Beach, a Municipal corporation of the sixth class of the State of California, remising, releasing and quitclaiming to the city of Newport Beach all that certain real property situated in the city of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lots 12, 13, 14 and 25, Block "BO, Tract No. 673, Corona Del Mar, as shown on a Map recorded in Book 20, pages 17 and 15 of Miscellaneous Maps, Records of Orange County, California, was presented to the city Council of the City of Newport Beach, California. WHEREUPON, Councilman Claire made a motion, duly seconded by Council- man Whitson and carried, that said Quitclaim Deed be accepted by the City Council of the city of Newport Beach, and the City Clerk be instructed to record the same forthwith With the County Recorder of Orange County, California. THAT said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. rM Res. 1259 Quitclaim deed from NptBeach Bath House Cc Res. 1290 Quitclaim dee, from Florence D. House Res. 1291 Quitclaim deed from A.D.Kightlin& Res. 1292 Quitclaim deed from Inglewood Extension Co. Res. 1293 Quitclaim deed from Paul B. Ellsworth �( b Res. 1294 Resolution No. 1294. A Quitclaim Deed dated the.17th day of January, Maskey Quitclaim deed 1938, from Lester Paul Sims and Hazel R. Sims, husband and wife, as joint therewith a contract be entered into by said owner and the City of Newport Beach from L.P.Sims tenants, to the City of Newport Beach, a Municipal corporation of the sixth to Griffith Co Book 28, pages 25 to 36 inc., of Miscellaneous Maps, records of Orange County, by Councilman Whitson and carried, the City Attorney was authorized and instructed , class of the State of California, remising, releasing and quitclaiming to the . WHEREAS, the said price is a fair and adequate price as and for the City of Newport Beach all that certain real property situated in the city of Agreement with An agreement modifying an Agreement by and - between the City of Newport Newport Beach, County of Orange, State of California, and more particularly Beach, California and Hamasi Corporation and in connection with certain property is for the best interests of said City that said property be sold for the said described as follows, to -wit: Lots 1, 20 and 22, Block 539; Lot 22, Block 540; sum of $500.00; and Gordon, seconded by Councilman Claire and carried, the same was ordered filed. Lots 2, 4, 19 and 21, Block 638; Lot 4, Block 640; Lot 9, Block 642; Lots 2 ' Res. 1295 and 4, Block 738; Lots 5, 7, , 11, 14, 18, 20 and 22, Block 739; Lots 11 and State tide bill authorizing the lease of tide lands for mineral purposes. -The motion for 12, Block 740; Lot 6, Block 640; Lot 1, Block. 739; Lot 10 and NEly z of Lot 8, adoption was duly seconded by Councilman Whitson, the resolution designated subject to the taxes for the fiscal year 1936 -39, and unpaid improvement Block 7j7; all in Corona Del Mar, as shown on a Map recorded in Book 3, pages assessments of record. Also subject to conditions, restrictions and reservations AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. 41 and 42 of Miscellaneous Maps, Records of Orange County, California, was NOES: Councilmen None. to execute and deliver a deed for said property to the said party upon receipt presented to the City Council of the city of Newport Beach, California. Minute Res. Councilman Claire moved the adoption of a resolution, being a resolution WHEREUPON, Councilman Claire made a motion, duly seconded by authorizing the Mayor and City Clerk to execute on behalf of the City of Newport deed to R.N. Councilman Whitson and carried, that said quitclaim Deed be accepted by the Jadwin First Addition to Newport Heights, as shown in Book 4, page 94, Miscellaneous City Council.of the city.of Newport Beach, and that the City Clerk be instructed Maps, Records of Orange County, California. The motion was duly seconded by AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. to record the same forthwith with the County Recorder of Orange County, California. NOES: Councilmen None. AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. That said motion was carried by the following vote, to -wit: NOES: Councilmen done. ATTEST: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. Frank L. Rinehart Harry H. Williamson NOES: Councilmen None. ABSENT: Councilmen None. City Attorney presented and read an ordinance, being an ordinance amending Sections 1, 11, 31 and 34 of License ordinance No. 393• The ordinance was considered, and on motion of Councilman Gordon, seconded by Councilman Claire, was passed to the second reading by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Ralph P. City Attorney Thompson presented the matter of tax delinquency on certain Maskey property in West Newport owned by Ralph P. Maskey and advised that in connection , tax delinquency therewith a contract be entered into by said owner and the City of Newport Beach Sale of lots Tract 907, Lido Isle, in the City of Newport Beach as shown on Map recorded in for the redemption of the taxes.thereon. On motion of Councilman Claire, seconded to Griffith Co Book 28, pages 25 to 36 inc., of Miscellaneous Maps, records of Orange County, by Councilman Whitson and carried, the City Attorney was authorized and instructed , California; and to draw the necessary contract for submission to.the Council at the next meeting WHEREAS, the said price is a fair and adequate price as and for the thereof. Agreement with An agreement modifying an Agreement by and - between the City of Newport Hamasi Corp. Beach, California and Hamasi Corporation and in connection with certain property is for the best interests of said City that said property be sold for the said in Corona Del Mar, was presented and considered, and on motion of Councilman sum of $500.00; and Gordon, seconded by Councilman Claire and carried, the same was ordered filed. WHEREAS, the price offered is just, fair and adequate and is not Councilman Claire moved the adoption of a resolution, being a resolution Res. 1295 addressed to the California State Legislature and opposing the passage of the State tide bill authorizing the lease of tide lands for mineral purposes. -The motion for lands bill. adoption was duly seconded by Councilman Whitson, the resolution designated subject to the taxes for the fiscal year 1936 -39, and unpaid improvement Resolution No. 1295, and was passed by the following vote, to -wit: assessments of record. Also subject to conditions, restrictions and reservations AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. of record. And the Mayor and the City Clerk are hereby authorized and directed NOES: Councilmen None. to execute and deliver a deed for said property to the said party upon receipt ABSENT: Councilmen None. Minute Res. Councilman Claire moved the adoption of a resolution, being a resolution quitclaim authorizing the Mayor and City Clerk to execute on behalf of the City of Newport deed to R.N. Beach a quitclaim deed in favor of R. N. Jadwin, covering Lot 16, Block 17, Jadwin First Addition to Newport Heights, as shown in Book 4, page 94, Miscellaneous vote, to -wit: Maps, Records of Orange County, California. The motion was duly seconded by AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. Councilman Whitson and the resolution was passed by the following vote, to -wit: NOES: Councilmen None. AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. ABSENT: Councilmen None. NOES: Councilmen done. ATTEST: 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 B ach at regular meeting thereof held on the 7th day.of March, 1939, city uierx or the city or Newport tteacn. • Res. 1296 Resolution No. 1296. WHEREAS, GRIFFITH COMPANY has this day offered to the City of Newport Beach, the sum of $500.00 for Lots 417, 422 and 430, Sale of lots Tract 907, Lido Isle, in the City of Newport Beach as shown on Map recorded in to Griffith Co Book 28, pages 25 to 36 inc., 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 ' 4HEREAS, 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 $500.00; and WHEREAS, the price offered is just, fair and adequate and is not disproportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Griffith Company for the sum of $500.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1936 -39, and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations 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. 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 7th day of March, 1938, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. • NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Frank L. Rinehart Harry H. Williamson City Clerk Mayor of the City of Newport Beach i C� L • • Resolution No. 1297. WHEREAS, HARRY M. WELSH and MARGARET C. WELSH, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $150.00 for Lot 42, Tract 652, Corona del Mar, in the city of Newport Beach, as shown on -Map recorded in Book 20, page 19 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 $150,00; and WHEREAS, the price offered is just, fair and adequate and is not disproportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Harry M. Welsh and Margaret C. Welsh, husband and wife, for the sum of $150,00, free and clear of all encumbrances, subject to the second half of taxes for the fiscal year 1937 -35, and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations 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 parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $15.00 be paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to Harry M. Welsh and Margaret C. Welsh, 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 realtor 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 a regular meeting thereof held on the 7th day of March, 1935, by the following vote, to —wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST Frank L. Rinehart Harry H. Williamson City Clerk Mayor of the city of Newport Beach Resolution No. 1295. WHEREAS, NELS 0. WENDEN and IDA P. WENDEN, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $300.00 for Lot 10, Block 233, Corona Del Mar, in the City of Newport Beach,-as shown on Map recorded in Book 3, pages 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 3300.00; and WHEREAS, the price offered is just, fair and adequate and is not disproportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Nels 0. Wenden and Ida P. Wenden, husband and wife, for the sum of $300,00, free and clear of all encumbrances, subject to the second half of the taxes for the fiscal year 1937 -35, and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations 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 parties upon receipt of the consideration above set forth. 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 7th day of March, 1937 by the following vote, to —wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST Frank L. Rinehart Harry H. Williamson City Clerk Mayor of the city of Newport Beach Resolution No. 1299. WHEREAS, OLA HOLLOWAY has this day offered to the CITY OF NEWPORT BEACH, the sum of $200.00 for the Northeasterly 10 feet of Lot 15, and all of Lot 17, Block 443, Corona Del Mar, in the City of Newport Beach, as shown on Map recorded in Book 3, pages 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 $200.00; and WHEREAS, the price offered isjust, 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 Ola Holloway for the sum of $200.00, free and clear of all encumbrances, subject to the second half of taxes for the fiscal year 1937 -35, and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations 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 .$20.00 be paid to G. W. Ritchie, as and for his commission for the negotiating of the sale of said real property to Ola Holloway as her separate property, said. sum being a fair and reasonable commission to be allowed in-said sale, and said broker being a licensed realtor of the City of Newport Beach iti Res. 1297 Sale of lot to Harry M. Welsh Res. 1295 Sale of lot to Nels 0. "Tenden Res. 1299 Sale of lot to Ola Holloway P1an.Comm. approval of Map 1007 Map of Tract 1006 (1026) Regarding re- zoning in Sec B & Tr 919 Amending Ord. No. 440 Amend. Ord. No. 440 Res. 1300 variance to Clarinda C. Smith I hereby certify that the above and foregoing Resolution was regularly passed and adopted by the City Council of the City of Newport at a regular meeting thereof held on the 7th day of March, 1935, by the vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Frank L. Rinehart Harry H. Williamson City Clerk Mayor of the city of Newport Beach PLANNING 6001ISSION duly and Beach following The report of the Planning Commission approving Map 1007 subject to easements for a side walk along the Northerly side of the Tract, was read, and on motion of Councilman Claire, seconded by Councilman Whitson and ca.rriad, the report was ordered filed. The report of the Planning Commission tentatively approving Map of Tract 1006 (1026) being a Map of a certain re- subdivision in Corona Del Mar, and recommending that Lots 26, 29, 30, 32 and 34 be included therein, was presented and read, and on motion of Councilman Gordon, seconded by Councilman Claire tnd carried, the Map was laid on the table. The communication of the Planning Commission to the City of Newport Beach, regarding the application of the City for a re- zoning of a portion of Block 215, Section B and a portion of Lot A, Tract No. 919, was presented, in which the Planning Commission requested the information as to the object and purpose of said zoning. The matter was discussed, Dr. Howard W. Seager, Secretary of the Planning Commission, addressing the Council concerning the subject. On motion of Councilman Gordon, seconded by Councilman Claire and carried, City Attorney Thompson was directed to represent the City;in connection with the re- zoning applied for at the next meeting of.the Planning Commission. The recommendation of the Planning Commission to amend Zoning Ordinance No. 440 to include Lots 3, 4, 5 and 6, Block 6, Seashore Colony Tract in C -1 zone and excluding same from R -3 zone, was presented and read, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the recommendation of the Planning Commission was approved and the hearing.on the matter by the City.Council was set for the,next meeting thereof. The recommendation of the Planning Commission to amend Zoning Ordinance No. 440 so that in case in which the alley, street, public park or beach there have been erected upon fifty percent of the lots upon such alleys, streets, public parkls,arbeaches in the rear yard buildings less then ten feet from the center 6f--.such alley, street, public park or beach, the City Council shall, upon recommendation of the Planning Commission, fix the rear yard requirements. On motion of Councilman Whitson, seconded by Councilman Gordon and carried, the recommendation ofthe Planning Commission was approved and the hearing on the matter set for the next meeting of the City Council. Resolution No. 1300, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO CLARINDA C. SMITH, AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO was presented, and on motion.of Councilman Claire, seconded by Councilman Whitson, the resolution was ad©pted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Browne Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 1301, being A RESOLUTION OF THE CITY COUNCIL OF THE Res. 1301 CITY OF NEWPORT BEACH GRANTING A VARIANCE TO A. J. PRICE, AFTER REPORT AND variance to RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE N0. 440 AND A. J. Price AMENDMENTS THERETO was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. N6ES: Councilmen None. ABSENT: Councilmen None. Res. 1302 RESOLUTION NO. 1302, being A RESOLUTION OF THE CITY COUNCIL OF THE variance to CITY OF NEWPORT BEACH GRANTING A VARIANCE TO WILLIAM H. MAXWELL, AFTER REPORT William H. AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE N0. 440 Maxwell AND AMENDMENTS THERETO was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire,,Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. Res. 1303 RESOLUTION NO. 1303, being A RESOLUTION OF THE CITY COUNCIL OF THE variance to CITY OF NEWPORT BEACH GRANTING A VARIANCE TO FRANK ANDREWS, AFTER REPORT AND Frank Andrews RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THEREOF, was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen done. alley in Block C. Parking on Channel Road A Deed of Easement in connection with the abandonment of a certain alley in Block C, Newport Bay Tract was presented,said easement being for alley purposes. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the same was laid on the table. Mayor Williamson brought up the matter of the unsatisfactory parking situation in the vicinity of the terminus of Channel Road in Tract 515. On motion of Councilman Claire, seconded by Councilman Whitson and carried, parking signs were ordered installed to correct the condition. 0 0 11 1� �2 Q ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Gordon and carried, an adjournment was taken to 7:30 o'clock p, m. March 21, 1938. i y\ SPECIAL MEETING Newport Beach, California. r March 16, 1938. A Special Meeting of the City Council of the City of Newport Beach was held in the City Council Chambers at the City Hall in the City of Newport Beach at 9:00 a.m. on above date with Mayor Williamson presiding. The roll was called, the following Councilmen answering present: Councilmen Gordon, Claire, Whitson, Brown, Williamson. Absent, Councilmen None. The Call, which was duly signed and dated by the Mayor and Council, and was for the purpose of considering the application to the W.P.A. in connection with flood damage, was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was ordered filed. City Engineer, R. L. Patterson, presented plans and estimate for re- construction of sewer mains and roadway to sewage disposal plant,,and removal of debris and regrading of streets in the vicinity of the Santa Ana River, said reconstruction work made necessary by recent over -flow of the Santa Ana River, and recommended that a project be submitted to the Works Progress Administration covering the reconstruction work. Whereupon, Councilman Brown moved that the City Engineer be author- ized as Sponsor's Agent to make application to the Works Progress Administration for a project as set forth in the plans. Which motion was duly seconded by Councilman Claire, and upon roll call carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman 'rphitson and carried, an adjournment was taken Sint/ ®Die. j APP VED: • City Clerk • c councilman ewp 79 Roll Call Call of Special Meeting. Plans for reconstruc- tion work.