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