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HomeMy WebLinkAbout10/20/1930 - Adjourned Regular Meeting254 +� City Ball, Newport Beach, October 20, 1930 An adjourned regular meeting of the City Council held in the City Hall of the City of Newport Beach, October 20th, 1930, at the hour of 7 :30 o'clock P.M. Meeting called to order by Mayor Johnson. It appearing that Alfred 'Smith, City Clerk, is absent, Mayor Johnson appointed Councilman Paul Ellsworth to act as Clerk, pro tempore. On roll call, present; Paul Ellsworth, Herman Hilmer, Lloyd Claire, Marcus J. Johnson and A.J.Garfield. Absent, none. At the direction off Jaeqr.. Lhnson, the Clerk 'read the min- utes of the prior regular meetingnh9fd on October 6th, 1930. Minutes approved as read and amended. On motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsiio rth not voting, the regular order of busi- ness was suspended for the purpose of permitting i:s. Griffith, a pro- perty owner of Newport Beach, to address the Board on the question of mooring boats in front of his property. Mr. Griffith complained about the mooring position given him by t'he deputy harbor master, and also complained about another boat of shabby appearance being moored in front of his property. The complaint of this gentleman, on motion of Council- man Claire, seconded by Councilman Hilmer, and carried, Councilman Ells- worth not voting, was referred to the Harbor Faster for attention and report. On motion of Councilman Claire, seconded by Councilman Gar- field, and carried, Councilman Ellsworth not voting, the regular order of business was resumed. The Mayor then called for reports of special and standing committees. It was moved by Councilman Claire, seconded by Councilman Garfield, and carried, Councilman Ellsworth not voting, that the report of Councilman Hilmer on the question of insurance be filed, together with the letter of W.T.Cleverdon Co. in respect to the same. Councilman Garfield reported on the proposed fire and police , building to be erected on Balboa Island, on property owned by the City. On motion of Councilman Hilmer, seconded by Councilman Claire, and carried, Councilman Ellsworth not voting, the report was accented and ordered filed. On motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, the fire committee was ordered, in conjunction with the City Engineer, to proceed with the erection and construction of a fire and police station building in accor- dance with the plans and specifications submitted by Councilman Gar- field and approved by this board, said work to be done by day labor and paid for out of the Gen -ral Fund. Councilman Garfield reported on the °pater rate for the Ne­oott Packing Corooration, Ltd., and the ice plant, and recommended that a flat rate of ;60.00 per yecr be given to these two concerns for a period of one year from date hereof. On motion of Councilman Hilmer, seconded by Councilman Garfield, and carried, Councilman Ellsworth not voting, said report was approved and filed, and the Water Sunerintendent was in- structed and directed to charge to the two concerns mentioned the flat rate of $60.00 per year for a period of one year from date hereof. Councilman I3ilmer reported to the effect that a ouestion had arisen concerning the taking of fire equi.)ment outside of the corporate limits of the City of Newport Beach, and requested that the City Council give the matter its consideration, to the end that a definite policy in such matters be maintained by the City. After discussion, on motion of Councilman Claire, seconded by Councilman Kilmer, and carried, Coun- cilman Ellsworth not voting, the fire committee was directed to meet with the City Attorney for tee purpose of formulating a definite pol- icy in respect to a fire emergency arising outside of the corporate limits of the City of Newport Beach, to the end that the City might be recompensed and safeguarded in such an emergency. City Attorney Thompson asked for and -as given one week on the Ordinance dedicating a portion of Tenth Street by the City, for highway purposes. Upon motion of Councilman Claire, seconded by Councilman Gar- field, and carried, Councilman Ellsworth not voting, the regular order of business was asain :ispensed -7ith for the purpose of considering the question of the sewage disposal plant. Tentative plans were sub- mitted by the City Engineer , Patterson, and Yr. Patterson stated in 25 connection therewith that it ivas neccessary to apoly to the Calif- ornia State Board of Health for permission to construct and maintain an sewage disposal plant. Thereupon RESOLUTION 110. 632 of the City of Nec7port Beach, authorizing a permit to be applied for, to the Calif- ornia State Board of Health, and authorizing and directing the Mayor of said.City to cause the necessary data to be prepared for investi- gations tobe made in the name of the City of Newport Beach, and to sign and file such application with the said California State Board of Health, was introduced by Councilman Claire, and upon roll call, passed by the following vote, to -wit; AYES, Councilmen Claire, Johnson, Garfield and Hilmer. NOES, Councilmen None. _' ABSENT,.Councilmen None. Councilman Ellsworth not voting. Upon motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsvn rth not voting, the regular order of business was resumed . The report of the City Engineer, R.L.Patterson, on the viater situation in Newport Beach in respect to the furnishing of water for the proposed Zarfinsky Golf Course was given both verbally and in writing, and the City Engineer recommended that the amount of water as first requested by Mr. Zarfinsky could not be given safely by the city to him, but stated that Mr. Zarfinsky probably could get along on a less amount. on motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, the report was laid on the table for one week for the purpose of further study and consideration. On motion of Councilman Garfield, seconded by Councilman Claire and carried, Councilman Ellsworth not voting, the regular order of business was again suspended for the purpose of taking up protests and objections in the matter of Acquisition and. Improve: -.ent District No. 1 of the City of Newport Beach. Mayor Johnson announced that this was the time and place set for hearing written objections and protests to the thing or things proposed to be done, whether it be to the acquisition or +tothe ex- tent of the assessment district in the matter of Acquidtion and Im- provement District No. 1 of the City of Newport Beach. Thereupon proof was duly made that the City.Lngineer of the City of Ne,.eort Beach had duly posted notices of the proposed acquisition on both sides of the proposed acquisition, at not more than three hundred (300) feet in distance apart, and not less than three (3) in all, and proof was further made that the affidavit of posting of said notices of public improvement is on file herein. Proof was further made that Resolution of Intention No. 622 was duly and regularly adopted by a unanimous vote of all the members present of-the City Council, and that said Resolution has been published for the time and in the manner required by law, and that the affidavit of publication is on file herein. There upon, the City Clerk was aEked by the Mayor if any written objections or protests to the thing or t.lings proposed to be done, whether it be to the acquisition or to the extent of the assessment district, or to any or all of said matters, had been filed with the Clerk, and thereupon the Clerk announced that there had been written objections or protests filed, to the doing of the thing or things proposed to be done, and the objections or protests having been read by the Clerk, and duly heard and considered by said City Council and upon said hearing it appeared that the owners of more than one -half (]/2) of the area of the property included within the entire assessment district as proposed, have not in writing made objection going to the ordering of the thing or things nr000sed to be done as an entirety, and such fact was so found by the City Council of the City of Newport Beach, and the Mayor of the City Council thereupon announced such fact in open meeting. Thereupon the City Council proceeded with the hearing and the Mayor asked whether or not there were any written objections or protests to the extent of the assessment district or any other objections or protests in connection with said proceedings. Thereupon all written objections or protests filed were again considered and after due consideration and delibera- tion thereon the Mayor stated in open meeting that the Council would hear all verbal protests or objections to the doing of the thing or things proposed to be done, whether it be to the extent of the assess- ment district, or any objection going to the ordering of the thing or things proposed to be done as an entirety, or any other objections or protests in connection with said proceedings. 256 Thereupon Mr. Van Deusen addressed the Board in support of protests filed by the Pacific Electric Railway Company, stating in effect that the Pacific Electric Railway Company did not desire to block the proceedings in any way, or to prevent the im)rovement.or acquisition, but felt that some adjustment should be made so far as the compensation to be paid them was c..)ncerned. The City Council informed 11r. Van Deusen after he had finished addressing the Board that they would be glad to meet with the officials of the Pacific Railway Company in relation to said proceedings at any date to be fixed in the future. Thereupon Mr. Kirkpatrick addressed the City Council in support of a protest heretofore filed by him and read by the Clerk, and in this address to the Board stated briefly that he believed certain adjustments relating to the assessment district should be made. Thereupon L'r. Holms addressed the Board in support of a protest filed by him, stating in ef- fect that he did not want to block the proceedings but felt that he should not pay any portion of the costs threrof. Mr. Griswold addressed the Board in support of a written pro - t-st filed by him, stating in effect that what was said by the prior spokesman applied to his case. There being no further protests, either written or verbal, it was moved by Councilmen Claire, seconded by Councilman Hilmar, and car- ried, Councilman Ellsworth not voting, that all written protests or ob- jections bb'filed and that all communications in favor of said proceed- ings, being nineteen (19) in number, be also filed. Thereupon RESOLUTION N0. 633 of the_City of New *Dort Beach, en- titled "Resolution No. 633. In the Natter of Acquisition and Improve- ment Distridt No. 1 of the City of Newport Beach. Resolution Passing upon Protests and Modifications" was introduced by Councilman Claire, and passed by the following roll call, Councilman Paul Ellsworth not voting: AYES, Councilmen Johnson, Claire, Garfield and Hilmar. NOES, Councilmen None. ABSENT, Councilmen None. The Mayor announced that the City Council having taken action upon all objections andprotests to the doing of the thing or things pra- posed to oe done, and haring determined the boundaries of the district, the City Council has now obtained jurisdiction in said proceeding. Thereupon RESOLUTION '0.634 of the City of Newport Beach, entitled "Res- olution No. 634. In the matter of Acquisition.and Improvement District No. 1 of the City of Newport Beach. Resolution Ordering Acquisition and Improvement." was introduced by Councilman Claire, and passed by the following roll call: Councilman Ellsworth not voting. AYES, Councilmen Johnson, Claire, Garfield and Hilmer. NOES, Councilmen Yone. ABSENT, Councilmen None. Upon motion of Councilman Garfield, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, the re[_ular order of business was again resumed and under the heading of "communication" the following communications were read, considered and action taken thereon, as follows, to -wit: Letter of 70-'•,ort Hcrbor Chamberof Commerce , asking that '1200.00 from the unappropriated portion of the advertising fund be ap- proved for advertising and staging the proposed Christmas '. .,;'ee=: Regatta, and that the further sum of x'300,00 not scent, which was approved for the Pacific °oast Regattas in August, be also approved for this Christ- mas week Regatta, and that the further sum of ;125.00 from the unappro- priated portion of the advertising fund be approved as cart of the ex- penses for putting in the Hawaiian float by the Newport Harbor Post of the American Legion, in the Armistice Day Parade at Anaheim, November 11th, 1930. After discussion it was moved by Councilman Garfield, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, that the appropriations be made as requested and that the letter be filed. Letter from Ye- -port Harbor Builders E' hanLe in respect to a proposed Ordinance regulating the moving of old structures into the CiV of Newcort Beach, was on motion of Councilman Claire, seconded by Coun- oilman Hilmer, and carried, Councilman Ellsworth not voting, referred to the City Attorney for reply. The application of Iiom�j `'lectric Co. , located at 1023 Central Avenue, for a hermit to c)nduct business, was on motion of Councilman Claire, sec.)nded by Councilman Hilmer, and carried, Councilman Ellsworth 257 not voting, cenied on the ground that the location was in a pro- hibited zone, The application of hard & 7, ker for a permit to conduct the business of live •7)oultry at the west corner of 21st Street, Lot 281 was on motion of Councilman Claire, seconded by Councilman Hil- mer, and carried, Councilman Ellsworth not voting, granted. A certain notice from J.C.Lamb,, tax collector of Orange County, relating to taxes due on the westerly 25 feet of Block A - 22 and the easterly 150 feet of Block A - 23, was, on motion of Council- man Claire, seconded by Councilman Kilmer, and carried, Councilman Ellsworth not voting, referred to the City Treasurer for report at the next meeting d'the City Council. ' A letter from E. Burris , for permission to build bunkers on Lot 10 was, on motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, referred back to E.M.Burris for the reason that this council has no jurisdiction oter the matter, and an application should be made by Mr. Burris to the Build- ing Inspector of the City of Ne.�;port Beach for a permit. A letter from the Harbor Master requesting the passage of an ordinance in accordance Rath certain suggestions and relating to regulations concerning boats and vessels in Newport Harbor and moorinEp , etc, was on motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, referred to the City Attorney and Harbor Master for the purpose of drawing an ordinance, leaving blank spaces therein for fees to be considered by the council as a whole, at a later meeting. In respect to the various communications relating to barge concessions in other cities, the same were, on motion of Councilman Claire, seconded by Councilman Hilmer, and.carried, Councilman Ellsworth not voting, referred to the Street Committee for recommendation and report at the next meeting of the City Council. UNFINISHED BUSINESS There being no further communications, the Council thereupon took up the matter of unfinished business. Thereupon ORDINANCE NO. 389 of the City of 14ewport Beach came up for final passage, and upon roll call passed by the following vote, to:--wit: AYES, Councilmen Johnson, Claire, Hilmer and Garfield NOES, Councilmen None ABSENT, Councilmen None Councilman Ellsworth not voting. NEW BUSINESS The assessment diagram prepared by the City Engineer for the improvement of Via Lido, and certain other streets, easements and rights of way in Tract 907, as contemplated by Resolution of Intention No. 513, was presented for the approval of the City Council, and upon roll being called, the diagram was approved by the following vote, to -wit: AYES, Councilmen Hilmer, Garfield, Claire and Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Ellsworth not voting. RIVER AVENUE PROCEEDINGS: The City Clerk reported that this was the time and place fixed for the hearing of protests or.objections against the work, the assessment district or grades described in Resolution of Intention No. 621 in the matter of the improvement of River Avenue and certain other streets, alleys and easements in the City of Newport Beach, California, adopted by the City Council of said City on the 15th day of September, 1930. Reference is hereby made to said Resolution of Intention on file in the office of the City Clerk for a particular description of the work to be done. The Clerk also reported that the affidavit of publication of the Resolution of Intention and of the posting of the notice of improvement, as required by law, had been made and were on file in the office of the City Clerk. protests. The Clerk also reported that he had not received any written 2158 The Mayor then announced that this was the time and place for hearing protests or objections against the proposed work or against the proposed district, or against the proposed grades, as set forth in said Resolution of Intention No. 621, and asked if anyone present desired to file any written protests or make any oral objections against the proposed improvement or to the extent of the district to be assessed or the pro- posed grades. No one responded. City Engineer R.L.Patterson requested a delay of one week before ordering the work, and on motion of Councilman Claire, seconded by Council- man Garfield and carried, the hearing in the matter of the improvement of River Avenue and certain other streets and alleys under Resolution of In- tention No. 621 was postponed to the regular adjourned meeting on Oc- tober 27th, 1930. =m It was moved by Councilman Hilmer -, seconded by Councilman Claire, and carried, Cancilman Ellsworth not voting, that the City En- ' gineer be instructed and authorized to reconstruct, in accordance with plans and specifications approved by this Council, the bridge at 36th Street over the Rivo Alto. On motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, the City Engineer and the Building Inspector of the City of Newport Beach were instructed to in- vestigate the building of certain marine railroads by Bob's Boat Shop at 9th Street, as the same was within the prohibited district for such structures, and that they notify said Bob's Boat Shop to cease operations thereon in case of such construction, and report their findings at the next regular meeting. On motion of Councilman Garfield, seconded by Councilman Claire, and carried, Councilman Ellsworth not voting, the City Attorney of the City of Newport Beach was authorized and directed to file an answer in the case of Frank H. Greene vs. City of Newport Beach, now pending in the Sunerior Court of the State of California, in and for the County of Orange, for the purpose of protecting the City in the filing of a proper bond, and the obtaining from the plaintiff in said action the costs of issuing a new bond. There being no further business, on motion of Councilman Claire, seconded by Councilman Hilmer, and carried, Councilman Ellsworth not voting, the meeting rras adjourned to Monday, the 27th day of October, 1930 at the hour of 7 :30 o'clock P.M. A APPROVED: October 27, 1930 Clerk pro tempore City Hall, Newport Beach, October 27,1930 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 the full Council present. The minutes of the previous meeting were read, corrected-and approved. Councilman Garfield reported that the committee had concluded that the Fire Department should not answer calls outside the city limits as it invalidates our insurance and further they do not consider the city funds should be used to furnish fire protection to outside communities unless a reciprocal agreement exists. The committee : -ould therefore sug- gest that a resolution b� passed instructing the Fire Chief not to answer any calls outside the city except where we have a reciprocal agreement with a community that is in a city or county fire district, excepting only in the case of the Newport Harbor District High.School. The :natter was con- sidered and on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the resolution as stated was adopted. Councilman Claire stated that the committee had stopped Bob Zum- feld from constructing the marine ways in front of nis boat shop as he had no permit for same and it was in a restricted zone.