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HomeMy WebLinkAbout04/08/1929 - Adjourned Regular Meeting92 The report of the Committee appointed to check the bids for the public library building, and they recommending that it be awarded to the lowest bidder, was read, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried the report was accepted and filed. City Attorney Thompson presented a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AWARDING THE CONTRACT FOR THE ERECTION AND CONSTRUCTION OF A LIBRARY BUILDING IN THE CITY PARR. The Resolution was read, considered, designated RESOLUTION NO. 494 and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Claire, Ellsworth and Mayor Johnson. NOES, Councilmen None. ABSENT, Councilmen Williamson and Hilmer. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, all bids except the one from Head Construction Co. are hereby rejected and any checks accompanying same to be returned to the unsuccessful bidders. On motion of Councilman Ellsworth seconded by Councilman Claire and carried, the matter of emergency dredging was postponed to the next regular meeting. The communication from L. W. Briggs in regard to allowing a riding ring of shetland pon ^es to operate on Central Avenue between 15th and 16th Streets was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the, matter was referred to the City Health Officer and City Attorney for a report. The matter of some one to look after the construction of the new library building was considered, and on motion of Councilman Ellsworth seconded by Councilman Claire and carried, H. L. Sherman and Building Inspector Fenelon were instructed to supervise the construction of the new library building. On motion of Councilman Ellsworth seconded by Councilman Claire and carried, the Building Inspector was instructed to have the interior of the City Hall retinted and revarnished. There being no further business on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the meeting adjourned to 7:30 o'clock P. M. on Monday, April 8, 1929. Approved April 8, 1929 ewpor City Clerk City Hall, Newport Beach, April 8, 1929 The City Council of the City of Newport Beach met in regular adjourned session at 7 :30 o'clock P. M. on above date. The meeting was called to order by Mayor Johnson. The roll was called showing all members present except Councilman Hilmer who came in later. The minutes of the previous meeting were read and approved as read. The Aviation Committee were granted more time to make their report. d 93 The report of City Engineer Patterson on the cost of wooden poles for lighting Palm Street was read and considered, and Councilman Williamson moved that the lights be allowed at not to exceed $684.00, but the motion was lost for lack of a second. The communications were read and acted upon as follows: On motion of Councilman Williamson seconded by Councilman Claire and carried, the application of E. H. Rice for license to operate a frozen custard machine at Balboa was ;ranted. On motion of Councilman Claire seconded by Councilman Ell;wou:' and carried, the request for information in regard to our airport from ' the Chief of the Airport Section at Washington, D. C. was referred to the Airport Committee. The communication from W. C. Hamilton asking in.regard to barge and boat licenses was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the Clerk was instructed to give him the information desired. The complaint from Geo. D. Hoffman in regard to the noise from motor boats on the bay was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the matter was referred to the Chief of Police to notify the Harbor Master to have the noise stopped. On motion of Councilman Ellsworth seconded by Councilman Claire and carried, the request of Wm. A. Bartholomae Jr. for permission to construct a pier in front of Lot 5, Block 1; Section 1, Balboa Island was referred to the City Engineer for the customary two weeks. City Engineer Patterson reported on the condition of Lots 2 and 4 of Block 636, Corona Del Mar that it was a natural drain through there and no protest had been filed by them on the assessment work. The matter was considered and on motion of Councilman Ellsworth seconded by Councilman Claire and carried, the City Attorney was instructed to write Mr. Mannis and explain the matter. The communication from i"Im. Jones complaining of cars parking all day in that block where his store is located was considered and on motion of Councilman Claire seconded by Councilman Williamson and carried, the matter was referred to the Chief of Police for a report ' and recommendation. UNFINISHED BUSINESS. The contracts with Nead Construction Co. for construction of the new library building ware presented by City Attorney Thompson, and on motion of Councilman Williamson seconded by Councilman Claire and carried, the contracts were approved and the Mayor authorized to sign and the City Clerk to attest the same. On motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the bonds of Nead Construction Co. for faithful performance and covering material and labor bills were accepted. ORDINANCE NO. 359, entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH BY THE CITY COUNCIL AS THE LEGISLATIVE BODY THEREOF, IMPOSING AN ANNUAL TAX UPON DOGS KEPT OR HARBORED WITHIN THE CORPORATE LIMITS OF SAID CITY, PRESCRIBING RULES FOR THE COLLECTION OF SAID TAX', FORBIDDING THE KEEPING OR HARBORING OF VISCIOUS DOGS, AND PROVIDING FOR THE IMPOUNDING AND KILLING OF STRAY AND UNLICENSED DOGS, AND IMPOSING A PENALTY FOR THE KEEPING OR HARBORING OF UNLICENSED OR VISCIOUS DOGS. The Ordinance was read, considered, and upon call of the roll passed by the following vote, to -wit: AYES, Councilman Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilman Hilmer. RESOLUTION NO. 495 An Easement and Right -of -way from C. CULP and J. LEVY, doing business under the firm name and style of CULP REALTY COMPANY, to the CITY OF NEWPORT BEACH, a Municipal Corporation, dated March 12, 1929, having a ten foot width to lay, construct, maintain, operate, repair, renew from time to time and change the size of pipe therein, a sanitary sewer pipe line for the transportation of sewage, in, under and across a certain portion of Lot 3, Section 28, Township 6 South, Range 10 West, S. B. B. & M., in the City of Newport Beach, Orange County, California. Said easement or right -of -way is more particularly described as follows, to -wit: R 94 rZ' i �r All that certain piece or parcel of land described as being a portion of Lot 3, Section 28, Township 6 South, Range 10 West, S. B. B. & M., having a width of ten feet and lying five feet on each side of the following described center line: Beginning at a point in the westerly line of Central Avenue which point bears south 85 degrees, 15 minutes, West 33.89 feet from the intersection of the center line of Central Avenue with the westerly prolongation of the center line of Via Lido; running thence south 85 degrees, 15 minutes, West 25.22 feet more or less to an intersection with the westerly line of the Southern Pacific Railway Company's One Hundred (100) feet right -of -way. was presented to the City Council: ' WHEREUPON, Councilman Paul Ellsworth made a motion duly seconded by Councilman Lloyd Claire and carried, that said Easement and Right -of -way be accepted by the CITY OF NEWPORT BEACH, and the Clerk record the same forthwith with the County Recorder of the County of Orange, State of California. Said motion was duly carried by,the following stated vote: AYES, Councilmen Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilman Hilmer. I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach, at a regular meeting held on the Sth day of April, 1929, at 7 :30 o'clock P. M. ATTEST: (signed) ALFRED SMITH (SEAL) Clerk of the City of Newport Beach Councilman Harry H. Williamson introduced a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANS AND SPECIFICATIONS•FOR THE DREDGING OF CERTAIN PORTIONS OF NEWPORT HARBOR. The Resolution was read, considered, designated RESOLUTION NO. 496 and upon call of the roll passed by the following vote, to -wit: ' AYES, Councilman Claire, Ellsworth, Williamson, Johnson. NOES, Councilman None. ABSENT, Councilman Hermann Hilmer. City Attorney Thompson presented sixteen leases in tripli- cate covering street ends on Lido Isle, which were considered, and on motion of Councilman Williamson seconded by Councilman Claire and carried, the leases were approved and the Mayor authorized to sign the same on behalf of the City of Newport Beach, the leases however are to be placed with the Orange County Title Company pending the execution of certain deeds in connection with same. The matter of the lease made with Walter Eattlack at Balboa, and the building being located on other property was considered, and City Attorney Thompson presented a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CANCELLING A CERTAIN LEASE MADE AND ENTERED INTO THE 1ST DAY OF DECEMBER, 1926, BY AND BETWEEN THE CITY OF NEWPORT BEACH, THEREIN DESIGNATED LESSOR, AND WALTER EASTLACK, THEREIN DESIGNATED LESSEE, AND AGREEING TO GIVE SAID WALTER EASTLACK OR HIS ASSIGNEES A NEW LEASE ON CERTAIN OTHER DESCRIBED REAL PROPERTY. The.resolution was read, considered, designated RESOLUTION NO. 497 and upon oill of the roll passed.by the following vote, to -wit: AYES, Councilmen Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilman Hilmer. Maps of Tract 919 being.a resubdivision of a portion of Newport Heights by the La Habra Valley Land & Water Company were vonsidered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the Maps were approved, subject to the La Habra Valley Land & Water Company filing forthwith with the City Clerk a deed to Lots B. C and E which has been checked by the City Engineer and found correct. 95 Councilman Paul B. Ellsworth introduced a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING VACANT FOR PUBLIC STREET PURPOSES A CERTAIN POINTON OF OCEAN DRIVE, A CERTAIN PORTION OF TUSTIN AVENUE, C`R'AW UEYSTANDTCERTAINTPORTIONS OF ALLEYS WITHIN THE SAID CITY The Resolution was read, considered, designatedRESOLUTION NO. 498 and upon call of the roll passed by the following vote, to -wit: ' AYES, Councilmen Claire, Ellsworth,,Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilman Kilmer. NEW BUSINESS. On motion of Councilman Ellsworth seconded by Councilman Claire and carried, O'Melveny, Tuller & Myers were to be employed to assist out-City Attorney in preparing the necessary proceedings for the harbor bond election for dredging and improvement work contemplated and in accordance with the plans and specifications prepared by the special engineers, at the price agreed upon, namely, $330.00, and the City Attorney is instructed to notify them of their employment and to proceed with the necessary papers so that the election can be held as near June 12, 1929 as possible. The matter of exchange of ocean front lots with the Balboa Beach Amusement Company in Block 8, Balboa Tract was considered, and on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, that portion of Block "C" of the Balboa Tract in the City of Newport Beach, County of Orange, State of California, as per map thereof recorded in Book 4, page 11 of Miscellaneous Maps, Records of Orange County, California, lying between the Southwesterly extensions of the Northwesterly line of Lot 11 in Block 8 of said Tract, and the Southwesterly line of Lot 12 in Block 8 of said Tract, be leased to the Balboa. Beach Amusement Company for such period of time until the City acquires the land in fee, and then this lease is to be cancelled and the above mentioned property deeded to the Balboa Beach Amusement Company, in exchange for that, portion of Block "C" of the Balboa Tract, in the City of Newport Beach, County of Orange, State of California, as per map thereof recorded in Book 4, page 11 of Miscellaneous Maps, Records of Orange County,California, lying Southeasterly of the South- westerly extension of the Northwesterly line of Lot 15, Block 8 of said Tract, and that this lease be held and not to be executed until evidence is furnished by the Balboa Beach Amusement Company that they have acquired title to Lot 15, or secured the approval of the present owner in writing for the construction of the bathing pool. It is also understood that no structure is to be erected more than 145 feet south- erly of Surf Avenue. The matter of title to the ocean frontage was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the City Attorney was instructed to investigate the title to all ocean frontage in the City of Newport Beach lying Southerly or Southwesterly of the Patent Line. There being no further business on motion of Councilman Ellsworth seconded by Councilman Williamson and carried, the meeting adjourned to 7 :30 o'clock P. M. on Monday, April 22, 1929. 1 Approved April 22, 1929 City Clerk