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HomeMy WebLinkAbout07/01/1940 - Regular Meetingtl Newport Beach, July 1, 1940 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 on above date with Mayor Gordon presiding. , Roll call . The roil was called, the following Councilmen answering present: Reed, Claire, Allen, Brown, Gordon. Absent, Councilmen: None. On motion of Councilman Allen, seconded by Councilman Reed and carried, the reading of the minutes of the previous meeting was dispensed with. REPORTS OF HEADS OF DEPARTMENTS On motion of Councilman Claire, seconded by Councilman Brown and carried, the report of the City Treasurer was accepted, the reading of reports of other heads of departments was dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES American Legion Mayor Gordon reporting on the matter of the lease of the American Legion Lease introduced at the previous meeting, advised that the same be laid on the table for the.present. McCracken- In the matter of the McCracken - Tillotson pier controversy referred to the Tillotson pier Committee of the Whole at.a former meeting, Councilman Brown suggested that the controversy question be laid on the table until both sides could be heard, Mr. Tillotson not having presented his side of the case, and it was so ordered. REPORTS OF STANDING COMMITTEES None. COMMUNICATIONS M. Turner The application of Mary Turner for a license to run a restaurant at license 106 - 22nd Street, was on motion of Councilman Claire, seconded by Councilman , Brown and carried, granted subject to the approval of the Health Officer and zoning restrictions. P. Boucher The application of Peter Boucher for a license to operate a 'Solo, license Ball Game' in the Balboa Pavilion, was on motion of Councilman Claire, seconded by Councilman Brown and carried, referred to the Police Committee. J.L.Stamp Jr. The application of Joe L. Stamp Jr. for a license to operate a Legal license Draw Poker Game in the Balboa Inn Building, was on motion of Councilman Claire, seconded by Councilman Reed and carried, laid on the table. B.Stevens The application of Bishop W. Bertrand Stevens for permission to place permit for a trailer on a vacant lot at 111 Emerald Avenue, Balboa Island, for the purpose trailer- denied of conducting religious services, referred to the Council by the Chief of Police, was on motion of Councilman Claire, seconded by Councilman Allen and carried, denied due to zoning restrictions respecting trailers, and the City Clerk was instructed to notify the applicant. The letters of Mrs. George Mallard, Nellie Whall and Margaret Gibson Mrs. Mallard requesting the paving or surfacing of the alley from Finley Avenue to a point on et al Clubhouse Avenue, were read, and after some discussion it was moved by Councilman paving of alley Brown, seconded by Councilman Allen and carried, that the matter be referred to the Street Committee and City Engineer for investigation and report. The complaint of Mrs. Mary Bosworth of annoyance caused by the swimming Mary Bosworth classes at Ruby Avenue and the North Bay Front, Balboa Island, and extendt.ng her noise from thanks to the Council for mainti.mning a Life Guard at that point, was read, and swimming class on motion of Councilman Reed, seconded by Councilman Allen and carried, the matter was referred to the Fire Department for investigation and report. E. E. Forster The letter of E. E. Forster suggesting that a pedestrian cross walk pedestrian be established at Coronado and Central Avenues, was read and considered, Mayor walk Gordon recommending that a survey of other parts of the City be made for the ' same purpose, especially at the vicinity of 22nd Street and Central Avenue. On motion of Councilman Reed, seconded by Councilman Allen and carried, the matter was referred to the Police Department to make a survey and report to the Council. J.B. Parks The request of Ruth F. and Joseph B. Parks to have the remaining portion widening Marine of Marine Avenue, Balboa Island, widened from Park Avenue southerly for a distance Ave. of sixty feet, was on motion of Councilman Allen, seconded by Councilman Brown and carried, referred to the City Engineer and Street Committee for recommendation • at the next meeting of the Council. Paul Palmer The letter of Paul Palmer soliciting insurance on the new piers was insurance on read, and on motion of Councilman Allen, seconded by Councilman Reed and carried, piers same was ordered filed until such time as funds for that purpose were available. The communication of Harriet Potter urging the Council to take steps Harriet Potter to prepare a Master Plan to beautify the entire City; locate a site and prepare proposal for plans for a City Hall and to adopt the Major Traffic Plan presented by the Planning City Hall etc. Commission, was presented and read and after some discussion during which Dick Rogers and others addressed the Council, it being suggested that a petition be circulated:< suggesting alternate locations for the City Hall site, it was moved by Councilman Reed, seconded by Councilman Allen and carried, that the communication be filed for future reference. Corona del Mar The communication from the Corona del Mar Civic Association suggesting Civic Assn that a fee of fifty dollars for each advertising structure be embddied in the bill boards proposed Bill Board Ordinance, was presented and read, Braden Finch addressing the Council in behalf of saffie, City Attorney Thompson advising that it would probably prove discriminatory. Whereupon the City Clerk proceeded to read the Planning' Commission's Resolution No. 172 recommending the adoption of the Bill Board Ordinance as submitted by that body. On motion of Councilman Allen, seconded by Councilman Reed and carried, the City Attorney was instructed to prepare the ' Bill Board Ordinance for introduction in accordance with the request of the Corona del Mar Association. On motion of Councilman Claire, seconded by Councilman Allen and carried, the Bill Board Ordinance as recommended by the Planning Commission was laid on the table. • J.B. McNally The request of J. B. McNally to have the district in the vicinity of street improve- 21st Street and the Bay Front improved, was on motion of Councilman Claire, ment seconded by Councilman Reed and carried, referred to the City Engineer with instructions to clean the street and construct a drain to take care of the surplus water during the rainy season. 36 t On motion of Councilman Clatre, seconded by Councilman Allen and carried, J.A.Harvey the request of John A. Harvey for the re- zoning of certain property at the corner request for of Park Avenue and Oxyn Street, Balboa Island, was referred to the Planning Commission. re-zoning • The letter of D. S. Bell regarding the Bowling Green, was read, and the matter was brought up in referrence to the Bowling Green Association requesting that D. Bell the City take over the care and management of same. Whereupon it was moved by bowling green Councilman Claire, seconded by Councilman Allen and carried, that the City Engineer be instructed to have the Green cared for until some definite plans are arranged. Residents of Newport Heights presented a petition requesting that the Petition Council take the necessary steps for the installation of a sanitary sewer system for sewer in in that district. Residents of Block 41, River Section also presented a petition Newport Hts requesting that the sewer system be extended to that district. After considerable & River Sec, discussion it was moved by Councilman Claire, seconded-by Councilman Allen and carried, that the City Engineer prepare the necessary application to the WPA authorities for Government assistance in connection with the projects, and the Mayor and City Clerk were authorized to sign said application. Residents in the vicinity of "A" Street, Balboa, presented a petition Petition opposing the proposed 20 minute parking limit on that Street, and on motion of. parking on Councilman Claire, seconded by Councilman Allen and carried, the petition was "A" St. laid on the table with other petitions pertaining to the same matter until the r^. Resolution comes up for passage. Q The communication from the State Highway Commission requesting the State Hwy ___t vacation of a certain unnamed parcel of land in Block X, Tract 323, Corona del Commission Mar, was on motion of Councilman Claire; seconded by Councilman Allen and carried, parcel of land referred to the City Engineer with instructions to contact the Highway Commission Corona del Mar to ascertain if the State would bear the expense of removing an existing water • main located fun the parcel of land to be abandoned. The application of E. B. Whitson for the position of Electrical Inspector, E.B.Whitsen was presented and read, and on motion of Councilman Claire, seconded by Councilman application Reed and carried, the application was placed with other applications on file for the position and to be taken up for consideration under New Business. The request of the Balboa Business Mena Association for an appropriation Balboa Busines for the purpose of providing for radio broadcasting advertising over Station XFOX Men's Assn ' Long Beach, was on motion of Councilman Allen, seconded by Councilman Reed and appropriation carried, referred to the Chamber of Commerce. The letters of Myra M. McClelland and'Marjorie G. Hall declining with Mrs. VcClella regret of their inability to accept the appointment on the Park Board, were and Mrs. Hall presented and read, and on motion of Councilman Claire, seconded by Councilman declining Brown and carried, the letters were ordered'filed and the City Clerk directed Park °Board to express the regret of the Council of their being unable to serve on the Board, appointment Earl Stanley presented a petition, being a petition requesting the City Council to call a special election "for the purpose of changing the official Petition name of the City from Newport Beach to that of Balboa. On motion of Councilman to call elect. Claire, seconded by Councilman Brown and carried, the City Clerk was instructed to change name to check the signatures on the petition with the Great Register in the County of City. Clerk's office and to report as to the sufficiency of the petition. UNFINISHED BUSINESS The request and petition presented by residents at the easterly end Pier at end of the Peninsula, presented at a previous meeting, for the construction of'a of 1'N" St. public pier at the foot of "N" Street, was brought up for consideration, the City Engineer presenting a detailed report of the cost of same which was dis- cussed at length in which it was decided to eliminate the electrical conduit and lighting and where practical toriitilize used materials thus reductkgr• the cost of the structure. The matter of construction of a bulkhead'or dock in the turning basin Bulkhead in at the upper end of the Rhine was brought up for consideration, and on motion turning basin of Councilman Reed, seconded by Councilman Claire and carried, Plan B and specifications of the City Engineer were accepted. The City Attorney advised ' that it wouldebe necessary to advertise for bids in connection with the construction of the dock, even though the City proposed to do the work. Where- upon it was moved by Councilman Reed, seconded by Councilman Claire and carried, that the plans and specifications of the City Engineer for the "N" Street pier aAd_'the "dock at ,319t - Street and the -Rhine be approved -and the City Clerk .instructed.t.o advertise' for bids.for the:two projectsj�-with a separate . • advertisement foi bids .for the hardware to _be used'in construction of the r, :Rhine :dock, both projects to be in conformity with the following wage scale which was advertised. Trade or Occupation Per Diem Wage Hourly Wage Wage Scale Carpenter, Journeyman 5.80 $1.10 Carpenter, Helper 1st year) 5.28 .66 Carpenter, Helper 2nd year 6.16 .77 Carpenter, Helper 3rd year) 7.04 .88 Carpenter, Helper 4th year) 7.92 •99 Derrick Bargeman 5.00 1.00 Engineman, Pile Driver (Crane & Derrick Barge) 12.00 10 .5 Flagman, Guard 5.00 25 Laborer, Bridge & Wharf 5.52 •69 Laborer, Construction & General 5.00 .625 Operator, Crane Hoise & Derrick) 12.00 1.50 Operator, Asst. (Hoist Oiler & Derrick) 8.00 1,00 Operator, Hoist 10.00 1.25 Operator, Jet (Pile Driver) 9.00 1.125 Pile Driver Foreman 12.00 1.50 Pile Driver Man 10.00 1.25 Timekeeper 00 .625 2.00 Truck Drivers Service .75 • Truck Drivers Service under 6 tons 6.00 .75 6 Truck Drivers Service to 15 tons 7.00 .875 Watchman 5.00 .625 Any classification omitted herein, not less than 5.00 .625 362 Hearing This being the time set for the hearing in connection with the re- zoning _on re- zoning in of Lot 8, Block 133, Corona del Mar, and no protests, written or oral having been Corona del, presented, it was moved by Councilman Claire that a resolution be adopted, approv- Mar. ing the recommendation of the Planning Commission for the re- classification of • Lot 8, Block 133, Corona del Mar, from R -1 to R -2 zoning,'the resolution was Res. 1849 re- zoning designated Resolution No. 1849, the motion duly seconded by Councilman Alley, and the resolution adopted by the following vote, to -wit: ' AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. , NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Dr. Soiland The question of the removal of a'fence erected by Dr. Soiland in the fence vicinity of Buena Vista Blvd. and Bay Avenue alleged to be encroaching upon City property was brought up for consideration, and after disquesing the matter, it was moved by Councilman Claire, seconded by Councilman Brown that the City • Attorney and the City Engineer investigate and report on the removal of the fence. The motion was carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. NEW BUSINESS Declaring an It was moved by Councilman Claire, seconded by Councilman Allen, that emergency an emergency ordinance be adopted, said urgency being necessary for the immeidate exists preservation of public peace, health and safety within the meaning of Section 1, Article IV of the Constitution, and therefore shall go into effect immediately upon its first publication. • Ordinance Ordinance No. 495, being an Ordinance regulating the licensing of No. 495 bicycles in the City of Newport Beach, was presented, and on motion of Councilman licensing Claire, seconded by Councilman Allen, the Ordinance was adopted by the following bicycles roll call vote, to -wit: , AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 1850 Resolution No. 1850, being a resolution authorizing the filling and filling & grading of the West Newport Pool and the extension of certain streets in connection grading therewith, was presented, and on motion of Councilman Claire, seconded by Councilman West Newport Reed, the Resolution was adopted by the following vote, to -wit: Pool AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN:' None. Res. 1851 Resolution 1851 was presented, being a resolution accepting a quitclaim accepting deed to the City'of Newport Beach from Winifred N. Hiatt and covering Lot 7, Block quitclaim 36, Newport Beach Tract, as shown on a Map recorded in Book 3, page 26 of deed Miscellaneous Maps, records of Orange County, California. Whereupon it was moved by Councilman Claire, duly seconded by Councilman Allen that the quitclaim deed be accepted. The resolution was passed by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 1852 It was moved by Councilman Claire, duly sedonded by Councilman Allen sale of lots that the following Resolution No. 1852 be adopted. to Frederick WHEREAS, FREDERICK M. MAHNKEN, a single man, has this day offered to the M. Mahnken CITY OF NEWPORT BEACH, the sum of $300:OO,;for Lots 9 and 11, 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 lots; 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 $300.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. • NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Frederick M. Mahnken, a single man, as his separate property,-for the sum of $300.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also su bject to conditions,.restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said.party upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $30.00 be paid to Frank Andrews, as and for his commission for the negotiating of the sale of said real property to Frederick M. Mahnken, a single man, as his 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. 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 let day of July, 1940 by the following vote, to -wit: AjES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN:' None. 363 Fes. 1853. sale of lot to Bruce Warren Res. 1854 sale of lot to Melvin L. Becker et ux Res. 1855 sale of lots to Franklin Hansen Jr, et ux It was moved by Councilman Claire, duly seconded by Councilman Allen that the following Resolution No. 1853 be adopted. WHEREAS,BRUCE WARREN, has this day offered to the CITY OF NEWPORT BEACH, • the sum of $75.00 for Lot 49, Block A, Tract No. 673, in the city of Newport Beach, as shown on Map recorded in Book 20,. pages 17 and 18 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 $75.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above'described. NOW, THEREFORE, BE IT RESOLVED: that said property be sold to the said Bruce Warren, as his separate property, forthe sum cf $75.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said party upon receipt of the consideration above set forth. L. BE IT FURTHER RESOLVED: That the sum of $7.50 be paid to Frank Andrews, � as and for his commission for the negotiating of the sale of said real property to Bruce Warren, as his 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. I hereby_ certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council ofthe City of Newport Beach at • a regular meeting thereof held on the 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon, NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. ' It was moved by Councilman Claire, duly seconded by Councilman Allen that the following Resolution No. 1854 be adopted. WHEREAS, MELVIN L. and MARGARET I. BECKER, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $400.00 for Lot 19, Block "L", Tract No. 518, in the City of Newport Beach, as shown on a Map recorded in Book 17, pages 33 to 36 incl. 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 the City of Newport Beach deems that it is for the best interests of said City that saidproperty be sold for the said sum of $400.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Melvin L. Becker and Margaret I. Becker, husband and wife, for the sum of $400.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $40.00 be paid to Jordan, Twist & Parker, as and for their commission for the negotiating of the sale of sale real property to Melvin L. Becker and Margaret I. Becker, his wife, as joint tenants, said sum being a fair and reasonable commission to be allowed in said sale, and said brokers being licensed realtors of the City of Newport Beach. ' I hereby certify that the above and foregoing Resolution wag duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the let day of July, 1940 by the following vote, to -wit: .AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. • It was moved by 'Councilman Claire, duly seconded by Councilman Allen that the following Resolution No. 1855 be adopted. WHEREAS, FRANKLIN HANSEN, Jr and DOLLY D. HANSEN, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $300.00 for Lots 17 and 19, Block 242, Corona del Mar, in the City of Newport Beach, as shown on a 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 lots; 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 $300.00; 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 Franklin Hanse, Jr. and Dolly D. Hanse, Husband and wife, for the sum of $300,00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. ' BE IT FURTHER RESOLVED: That the sum of $30.00 be paid to H. Cardoza Sloan, as and for his. commission for the negotiating of the sale of said real property to Franklin Hansen. Jr. and Dolly D. Hansen, 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. 363 Fes. 1853. sale of lot to Bruce Warren Res. 1854 sale of lot to Melvin L. Becker et ux Res. 1855 sale of lots to Franklin Hansen Jr, et ux 364 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 let day of July, 1940 by the following • vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. , ABSENT, COUNCILMEN: None. Res. 1956 It was moved by Councilman Claire, duly seconded by Councilman Allen sale of lots that the following Resolution No. 19556 be adopted. to Henry J. WHEREAS. HENRY J. HANSEN and JULIA S. HANSEN, husband and wife, have Hansen et ux this day offered'to the CITY OF NEWPORT BEACH the sum of $300.00 for Lots 21 and 23. Block 242, 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 lots; 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 $300.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the•property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Henry J. Hansen and Julia S. Hansen, husband and wife, for the sum of $300.00, free and clear of all encumbrances subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for • said property to the said parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $30.00 be paid to H. Cardoza Sloan, as and for his commission for the negotiating of the sale of said real property to Henry J. Hansen and Julia S. Hansen, 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 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 1957 It was moved by Councilman Claire, duly seconded by Councilman Allen sale of lot that the following Resolution No. 1957 be adopted. to Chester L. WHEREAS, CHESTER L. STANCLIFF and LEE MUNSON STANCLIFF, husband and wife, Stancliff have this day offered to the CITY OF NEWPORT BEACH, the sum of $75.00 for Lot 9, et ux Block 334, 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 $75.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said Chester L. Stancliff and Lee Munson Stancliff, husband and wife, for the sum of $75.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk ' are hereby authorized and directed to execute and deliver a deed for said property to the said parties upon receipt of the consideration above set forth. 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 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 1959 sale of lots It was moved by Councilman Claire, duly seconded by Councilman Allen to William H. that the following Resolution No. 1959 be adopted. Tiemeyer et ux WHEREAS, WILLIAM H. TIEMEYER and ARCADIA M. TIEMEYER, husband and wife, have this day offered to the CITY OF NEWPORT BEACH, the sum of $100.00 for Lots 1 and 2, Bloxk 29, FirstAddition to Newport Heights, in the City of Newport Beach, as shown on a Map recorded in Book 4, page 94 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 lots; and WHEREAS, the City Council of the City of Newport Beach deems that it is for the best interests of said City that saidproperty be sold for the said Rum of $100.00; and WHEREAS, the priceoffered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said William H. Tiemeyer and Arcadia M. Tiemeyer, husband and wife, for the sum of $100.00,"free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property • to the said parties upon receipt of the consideration above set forth. Resolution No. 1861, being a resolution authorizing the expenditure of the "Special Gas Tax Street Improvement Fund" for the fiscal year ending June 30th, 1941, was presented, and on motion of Councilman Claire, seconded by Councilman Brown the resolution.was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Resolution No. 1862, being a resolution authorizing the Mayor and City Clerk to execute an Agreement with C. W. Hyde Jr., was presented, and on motion of Councilman Claire, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. • NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. 365 Res. 1559 sale of lot to Paul H. Moore et ux Res. 1560 sale of lots to Gale K. McKinney Res. 1561 gas tax Res. 1562 agreement with C. W. Hyde Jr. 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 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. It was moved by Councilman Claire, duly seconded by Councilman Allen that the following Resolution No. 1559 be adopted. WHEREAS, PAUL H. MOORE, and GLADYS A. MOORE, husband and wife, have this day offered to the CITY OF NEWPORT BEACH the sum of $400.00.for Lot 26, Block K, Tract No. 515 in the City of Newport Beach, as shown on a MEP recorded in Book 17, pages 33 to 36 incl., 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 i` is for the best interests of said City that said property be sold for the said sum of $400.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the -said Paul H. Moore and Gladys A. Moore, husband and wife, for the sum of $400.00 free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to • the said parties upon receipt of the consideration above set forth. BE IT FURTHER RESOLVED: That the sum of $40.00 be paid to Jordan,Twist & Parker, as and for their commission for the negotiating of the sale of said real property to Paul H. Moore and Gladys A. Moore, 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 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. It was moved by Councilman Claire, duly seconded by Councilman Allen that the following Resolution No. 1860 be adopted. WHEREAS, GALE K. McKINNEY, a married woman, has this day offered to the CITY OF NEWPORT BEACH, the sum of $650.00 for Lot 4, Block X, Tract No. 323, in the City of Newport Beach, as shown on Map recorded in Book 14, pages 40 and 41 of-Miscellaneous Maps, records of Orange County, California; and Lot 31, Block 239, Corona del Mar, in the City of Newport Beach, as shown-en a 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 lots; 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 $650.00; and WHEREAS, the price offered is just, fair and adequate and is not dis- proportionate to the real value of the property above described. NOW, THEREFORE, BE IT RESOLVED: That said property.be sold to the said Gale K. McKinney, a married woman, as her separate property, for the sum of $650.00, free and clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also subject to conditions, restrictions and reservations of record. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a deed for said property to the said party upon receipt of the consideration above set forth. Br IT FURTHER RESOLVED: That the sum of $65.00 be paid to C. H. Lind, as and for his commission for the negotiating of the sale of said real property . to Gale K. McKinney, a married woman, as her separate property. Said sum being a fair and reasonable commis sion 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 1st day of July, 1940 by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Resolution No. 1861, being a resolution authorizing the expenditure of the "Special Gas Tax Street Improvement Fund" for the fiscal year ending June 30th, 1941, was presented, and on motion of Councilman Claire, seconded by Councilman Brown the resolution.was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Resolution No. 1862, being a resolution authorizing the Mayor and City Clerk to execute an Agreement with C. W. Hyde Jr., was presented, and on motion of Councilman Claire, seconded by Councilman Brown, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. • NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. 365 Res. 1559 sale of lot to Paul H. Moore et ux Res. 1560 sale of lots to Gale K. McKinney Res. 1561 gas tax Res. 1562 agreement with C. W. Hyde Jr. 366 PLANNING COMMISSION Res. 1663 Resolution No. 1863, being a resolution amending Ordinance No. 345, amending and setting time limit for parking on certain streets, was presented, and on Ord. 345 motion of Councilman Claire, seconded by Councilman Allen, the Resolution was parking limit adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. • Re- Zoning in NOES, COUNCILMEN* None. Canal Sec. ABSENT, COUNCILMEN: None. C.E.Patterson City Engineer Patterson presented a detailed report in connection with , report on the completion of the Newport and Balboa piers, the report dealing with certain piers changes and additions necessary in the construction thereof. The report was read, and on motion of Councilman Claire,.seconded by Councilman Brown.and carried, the same was approved. . C.E.Patterson The report of the City Engineer advising that the Mojave Corporation had completion of completed all work in connection with the Newport.and Balboa piers, together with piers the final estimate showing cost of contract, the amount due the contractors.and 440 the amount to be retained for a certain period by the City, was presented and read, Accepting piers and on motion of Councilman Claire, seconded by Councilman Brown, the report of the from Contractor City Engineer was approved and the piers were ordered accepted by the City of O.D. Gibbs Newport Beach. The motion carried by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Mojave Corp. On motion of Councilman Claire, seconded.by Councilman Brown.and carried, demand the.demand in favor of the Mojave Corporation for the amouht due on the construction of the piers was allowed and warrant ordered drawn for same. demands The monthly demands having been audited by the Finance Committee, were on • motion of Councilman Claire, seconded by Councilman Allen and carried, allowed and warrants ordered drawn for same. Variance to MINUTE RESOLUTION, Planning Commission Resolution No. 174, granting a Bessie S. Pullen variance to Bessie S. Pullen for Lots 20 and 22, Block 431, Corona del Mar, was presented. On motion of Councilman Allen, seconded by.Councilman Claire, the same was approved by the following vote, to -wit: ' AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. 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 Resolutionw were passed and adopted by the City Council of the.City of Newport Be ac at a reg} e,eting.thereof held on the 1st day of July, 1940. l y • of Newpor Maurice Sopp The application of 4Hauaice Sopp for permission to construct a pleasure pier & float pier and float fronting on.Lot 496, Tract 907, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Reed and carried, granted. Appoint to At this juncture Mayor Gordon re- appointed Mrs. Ida Deakins and Raymond Libaray Board K. Harvey as members of the Libary Board, and on motion of.Councilman Claire, seconded by Councilman Allen and carried, the appointments were confirmed. City Electrician On motion of CouncAlman Claire, seconded by Councilman Brown and carried, the office of City Electrician was declared vacant. Foltz appointment On motion of Councilman.Claire, seconded by Councilman Brown and carried, George Foltz was appointed Superintendent of Electrical Maintainance E.B.Whitson The matter of appointment of an Electrical Inspector to succeed the late appointment Felix Modjeski was brought up, three applications for the position having been filed, and after some discussion Councilman Claire moved that E. B. Whitson be named for the position, the motion was seconded by Councilman Brown and carried by the following vote, to -wit: ' AYES, COUNCILMEN: Claire, Brown, Gordon. NOES, COUNCILMEN: Reed, Allen. ABSENT, COUNCILMEN: None. E PLANNING COMMISSION Re- drafting The communication from the Planning Commission requesting that the City Zoning Ordinance ' Council instruct the City Attory in cooperation with the Planning Commission, to submit a re -draft of Zoning Ordinance No. 440 at the earliest practicable time, was presented and read, and on motion of Councilman Claire, seconded by Councilman Allen and carried, the City Attorney was instructed to do so. Re- Zoning in Resolution No. 171 of the Planning Commission recommending again the Canal Sec. re- zoning of Block 634, Canal Section from R -2 to C -1 classification, was presented and read, whereupon Dick Rogers addressed the Council regarding the matter to the effect that the request;_for re- zoning was for the purpose of raising the standard of buildings in that district, and requested that the Council hold a nearing on the matter. Whereupon it was moved by Councilman Claire, seconded by Councilman Brown and carried, that the City Clerk advertise for a public hearing on the question, said hearing to be held on Monday, August 5, 1940. Proposing Resolution No. 172 of the Planning Commission,.recommending a proposed amending Ord. amendment to Zoning Ordinance No. 440 respecting outdoor advertising structures, 440 was presented and read. MINUTE RESOLUTION. Planning Commission Resolution No. 173, granting a Variance to variance to 0. D. Gibbs for Lot 2, Block 7, Section 5, Balboa Island, was presented. O.D. Gibbs On motion of Councilman Claire, seconded by Councilman Allen, the same was approved by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Variance to MINUTE RESOLUTION, Planning Commission Resolution No. 174, granting a Bessie S. Pullen variance to Bessie S. Pullen for Lots 20 and 22, Block 431, Corona del Mar, was presented. On motion of Councilman Allen, seconded by.Councilman Claire, the same was approved by the following vote, to -wit: ' AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. 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 Resolutionw were passed and adopted by the City Council of the.City of Newport Be ac at a reg} e,eting.thereof held on the 1st day of July, 1940. l y • of Newpor Maurice Sopp The application of 4Hauaice Sopp for permission to construct a pleasure pier & float pier and float fronting on.Lot 496, Tract 907, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Reed and carried, granted. Appoint to At this juncture Mayor Gordon re- appointed Mrs. Ida Deakins and Raymond Libaray Board K. Harvey as members of the Libary Board, and on motion of.Councilman Claire, seconded by Councilman Allen and carried, the appointments were confirmed. City Electrician On motion of CouncAlman Claire, seconded by Councilman Brown and carried, the office of City Electrician was declared vacant. Foltz appointment On motion of Councilman.Claire, seconded by Councilman Brown and carried, George Foltz was appointed Superintendent of Electrical Maintainance E.B.Whitson The matter of appointment of an Electrical Inspector to succeed the late appointment Felix Modjeski was brought up, three applications for the position having been filed, and after some discussion Councilman Claire moved that E. B. Whitson be named for the position, the motion was seconded by Councilman Brown and carried by the following vote, to -wit: ' AYES, COUNCILMEN: Claire, Brown, Gordon. NOES, COUNCILMEN: Reed, Allen. ABSENT, COUNCILMEN: None. E 0 n G r� d d • • E Mrs. G. Maxwell and Mrs. Helen Grace addressed the Council opposing the appointment of Mr. Whitson as Electrical Inspector. Councilman Brown explainted that one of the applicants lived outside the City and he was not in favor of appointing another applicant who was in the contracting business. Councilman Reed explained his attitude in the matter and stated that if the appointee proved satisfactory he would be favorable to the appointment. ADJOURNMENT On motion of Councilman Claire, seconded by Councilman Allen and carried, an adjournment was taken Sine Die, whereupon Mayor Gordon called the Council together to meet as a Board of Equalization, and on roll call the following Councilmen answered present: Reed, Claire, Allen, Brown, Gordon. The Clerk submitted the affidavit of publication calling for the meeting of the Council as a Board of Equalization beginning with the regular meeting of the City Council, Mbnday July 1, 1940. On motion of Councilman Brown, seconded by Councilman Claire and carried, the reading of the Minutes of the previous meeting of the Board of Equalization were dispensed with. No business for which the meeting was called being presented, it was moved by Councilman Claire, seconded by Councilman Allen and carried, that an adjournment be taken to 10 o'clock A. M. July 2,.1940. T T: 4 City Cler ounc V V Uilli 11 Wi1H L- Counci an ral Mrs. Maxwell et al,opposing appointment