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HomeMy WebLinkAbout01/05/1931 - Regular Meeting272 City Hall,.Newport Beach,.Dec. 17, 1930 Pursuant to.call thereof by the Mayor of the City of Newport Beach and notice delivered to each member at least three hours before the time specified for the meeting, the City Council met for a special meeting at the place and on the date,above mentioned at 7:30 o'clock P.M. The meeting was called to order by Mayor Johnson. The roll was called showing the full Council present. ' The call was read and the Council proceeded to consider the matters for whidi the meeting was called. The first matter embodied in the call was the final action on allowing R.L.Carver to construct a pier in front of Lot 157, Block "A ", East Newport as per sketch submitted with the application. The matter was considered and on motion of Councilman Claire.seconded by , Councilman Garfield and carried, the application for the permit was allowed subject to the will of the Council and under supervision of the City Engineer. The other matter included in the call was for consideration and action on the Easement submitted by the Southern Pacific Company covering a sewer line under their track northerly of their trestle over the west arm of Newport Bay. The easement was considered,,. and Councilman Garfield introduced a Resolution approving the agreement as written and authorizing the Mayor and City Clerk to execute the same on behalf of the City of Newport Beach. The Resolution was read, considered, designated RESOLUTION N0.646, and upon call of the roll passed by the following vote to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None., ABSENT, Councilmen None. There being no .further business on motion.of Councilman Claire seconded by Councilman Garfield and carried, the meeting adjourned. APPROVED. January 5, 1931 Mayor, City of, :Ne_ ort Beach City Clerk City Hall, Newport Beach, Jan. 5, 1931 The City Council of the City of Newport Beach met in regular 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 regular meeting were read and approved as read. The minutes of the Special Meeting of December 17, 1930 were read and approved as read. Un motion of Councilman Claire seconded by Councilman Ellsworth and carried, the regular order of business was suspended to take up the opening of bids for the River Avenue improvement work. The Clerk notified the City Council that this was the time and place fixed pursuant to the Notice Inviting Bids for the opening of bids in the matter of the improvement of River Avenue and certain other streets, alleys and easements in the City of Newport Beach, as per Resolution of Intention No. 621, and also reported that he had received two bids, which bids were publicly opened, examined and declared as follows: 0 7r) TOTAL ESTIMATED AMOUNT ;CONTRACTOR OF EACH BID Lee R. Weber, - - - - - - - - - $64,645.03 O.U.Miracle, - - - - - - - - 75,932.60 Reference is hereby made•to the bids for all details as to the kind and class of work to be done, the said bids being on file in the office of the City Clerk of said City. On motion duly made and carried all bids were referred tothe City Engineer for checking and re- port. ' On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the regular order of business was resumed. The reports of the heads of the departments were read, and on motion of Councilman Claire seconded by Councilman Garfield and carried,.the reports were accepted andordered filed. Councilman Ellsworth reported on the purchase of the gas e- quipment:for the Camp Ground , that the Street Superintendent's esti- mate on new equipment from 16th Street west was about $500.00, and that Mr. Estus.sould sell the equipment already installed, which is all in good shape, for $600.00, and the Committee would recommend that the equipment be purchased from Mr. Estus. The matter was considered, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the recommendation was accepted and purchase authorized. The communications were read, then on motion of Councilman Garfield seconded by Councilman Claire and carried, the regular order of business was suspended to take up the report of the City Engineer on the tabulation of the bids. The City Engineer reported that he had tabulated the bids for.the improvement of River Avenue and certain other streets, alleys and easements as per Resolution of Intention No. 621, and finds that the bid of Lee R. Weber is the lowest regular bid submitted for the said improvement and recommended that said bids be taken under advisement for one week. WHEREUPON, upon motion of Councilman Claire secinded by Councilman Hilmer and carried, the bids were taken under advisement until the next meeting. IN THE' MATTER OF ACQUISITION AND IMPROVTMENT DISTRICT NO 2 OF THE CITY OF NEWPORT BEACH. The hour of 7:30 o'clock P.M. having arrived, said time being the hour set for hearing objections in the matter of Acquisition and Improvement District No. 2 of the City of Newport Beach, in the Chambers of the City Council of said City in which said City Council is now meet- ing, being the place and the date set, to -wit: Monday, the 5th day of January, 1931, the day set for the hearing in said matter, the following resolution was intriduced by Councilman Lloyd Claire who moved its adiption, to -wit: It appearing that consent to the making of the acquisitions in the matter of Acquisition and Improvement District No. 2 of the City of Newport Beach has been heretofore duly and regularly granted by the Board of Supervisors of the County of Orange,and it further ap- pearing that the Resolution of Intention, being Resolution No. 644, here- tofore on the 1st day of December, 1930, passed and adopted in said matter of Acquisition and Improvement District No. 2 of the City of Newport Beach, was regularly and duly published by two insertions in the NEWPORT NEWS, a weekly newspaper published and circulated in the City of Newport Beach and designated for said purpose in said Resolu- tion of Intention, said two insertions having been made on the following dates, to -wit; on the 15th and 25th days of December, 1930, andthat notice of public improvement setting forth the fact of the adoption of said Resolution of Intention, all as required by law, was regularly on the 16th day of December, 1930, by R.L.Patterson, the Superintendent of Work in said matter, caused to be conspicuously posted along the line _of the property to be acquired and affidavits of the proof of the afore- said publication and posting having been duly filed with the Clerk of this City Council, and more than fifteen (15) days having elapsed since the date of the first publication of said Resolution of Intention, this Council does hereby declare that it has acquired power to proceed with the hearing in said matter, the date of said hearing being this date and hour, to -wit; the 5th day of January, 1931, at the hour of 7:30 o'clock P.M., and the Council Chamber of this City Council in the City 274 of Newport Beach being the place for said hearing. Said motion was seconded by Councilman A.J.Garfield and upon roll call was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield and Johnson. NOES, Councilmen None. ABSENT, Councilmen None. The Mayor, being the predicting officer of the said City Coun- cil, then announced that this was the time, hour and place for hearing objections to the proposed acquisitions described in the Resolution of Intention for Acquisition and Improvement District No. 2 of the City of Newport Beach, and stated that if anyone present had any desire at this time to file any written objections going to the thing or things proposed to be done in their entirely or the the extent of the district to be assessed as proposed and as forth in,the said Resolution of Intention, and also informed the property owners present that such ob- jections would be considered if filed at this time. The Mayor then inquired of the Cbrk whether any written ob- jections to the thing or things proposed to be done in their entirety and to the ordering of the same had been filed with him in said mentioned matter. The Clerk reported that no written objections going to the thing or things proposed to be-done in their entirety and to the order- ing of the same had been filed. The Mayor then inquired if any persons interested in this mat- ter desired to be heard upon the question of doing the thing or things proposed to be done in their entirely and to the ordering of the same. No one responded. Thereupon it was moved by Councilman E.J.Garfield as follows: That the said City Council does hereby find that objections going to the doing of the things proposed to be done in their entirety - and to the ordering of the same as described in the Resolution of In- tention in the matter of Acquisition and Improvement District No. 2 of the City of Newport Beach, adopted the 1st day of December, 1930 have not been made by the owners of one -half of the area of the property in- cluded within the entire assessment district, as proposed and as set forth in the said Resolution of Intention. Which motion was seconded by Councilman Lloyd Claire and upon roll call the same was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield and Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Due hearing of all objections and protests to the doing of the things proposed to be done in their entirety having been had and consid- ered, the City Council then proceeded to the question as to whether or not objections had been made to the extent of the district to be assess- ed as proposed and described in the Resolution of Intention. The Clerk reported that no one had filed any objections to the . extent of the district to be assessed as proposed and described in the Resolution of Intation. The Mayor then inquired if any person interested in this mat- ter desired to be heard upon the question of the extent of the district to be assessed as proposed and described in the said Resolution of In- tention. • No one responded. After due hearing of all objections and protests made to the extent of the assessment district and after all persons desiring to be heard with reference thereto had been heard and their objections con- sidered, R.L.Patterson, a competent Engineer and the Superintendent of Work heretofore appointed in said matter, was sworn and gave testimony as to the public interest, convenience and necessity of the proposed acquisitions as proposed by the aforesaid Resolution of Intention and as to the extent of the district as proposed to be assessed, all as set forth in the said Resolution of Intention. After a full and fair hearing had been had in said matter and opportunity had been given to any and all persons deering to make ob- jections to the thing of things proposed to be done and to the extent of the district proposed to be assessed, all as set forth in said Reso- lution of Intention, and after having heard the sworn testimony of said R.L.Patterson, it was moved by Councilman Lloyd Claire that the hearing in the above entitled matter be closed, which motion was duly se onded by Councilman Paul B. Ellsworth, and upon roll call the same was carried 275 by the following vote, to -wit: AYES, Councilmen Hilmer Claire, Ellsworth, Garfield and Johnson. NOES Councilmen None. ABSENT, Councilmen None. Thereupon the following resolution was introduced by Coun- cilman Hermann Hilmer who moved its adoption: This City Council hereby finds that the owners of more than one -half of the area of the property included within the assessment district as proposed in Acquisition and Improvement District No. 2 of the City of Newport Beach have not made waitten objections going to the entirety of the things proposed to be done and that each and every objection or protest made or filed herein be and the same is hereby denied, and it is hereby determined that the boundaries of the assess- ment district shall be and the same are hereby established as set forth in the Resolution of Intention in the said matter and shall prevail for all the purposes of the proceedings and until any bonds to be is- sued for the expenses of the things to be done shall have been fully paid and discharged; and further, that the public interest, conven- ience and necessity require that the same acquisitions be made in the manner as set forth in the said Resolution of Intention and in the specifications and maps referred to therein. The motion for the adoption of said resolution was duly sec - onded by Councilman Lloyd Claire and the aame was upon roll call a- dopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield and Johnson. NOES, Councilmen None. ABSENT, Councilmen None. THEREUPON, Councilman Lloyd Claire introduced a Resolution - ordering acquisitions in the matter of Acquisition and Improvement District No. 2 of the City of Newport -Beach and moved its adoption, which motion was duly se aided by Councilman Paul B. Ellsworth. The Resolution was considered, designated RESOLUTION NO. 647, and upon call of the roll the same was adopted by the following vote, to -wit: ' AYES, Councilmen Hilmer, Claire, EllsKrth, Garfield and Johnson. NOES, Councilmen None. ABSENT, Councilmen None. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the regular order of business was resumed. On motion of Councilman Claire seconded by Councilman Hil- mer and carried, the invitation to the meeting of the Southern Calif. Fire Chief's Club at E1 Centro was filed. The communications from J.P.Greeley and F.A.Gayden in regard to the purchase of additional fire apparatus which will enable us to get cheaper insurance tates in the City, were considered, and on mo- tion of Councilman Claire seconded by Councilman Ellsworth and carried, the communications were referred to the Fire Committee until next meet- ing. On motion of Councilman Ells�o rth seconded by Councilman Hilmer and carried, the communication from J.A.Beek in regard to speed boat races during the Christmas Regatta, was filed. The communication from W.M.Dickie, Director of the State Dept. of Public Health, stating that the State Board of Health had granted permission to the City of Newport Beach to locate a sprinkling filter plant about 1500 feet from the mouth of the Santa Ana River was - filed upon motion of Councilman Claire seconded by Councilman Garfiela and carried. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the communication from the Redlands Chamber of - Commerce calling a meeting in Riverside January 12th to consider water from the Colorado River, was filed. A communication from Daisy Clapsadel relating an experience with a dog affected with rabies, which they reported to the Santa Ana Board of Health, and stating that they did not receive proper reports from our Health Officer, was considered, and Mr. Clapsadel verbally corroborated the statements made in the letter. The matter was con- sidered and on motion of Councilman Garfield seconded by Councilman Claire and carried, the communication was referred to Health Officer Dr. Grundy for a report at the next meeting. The application of S. Sabrayama for water service at the 276 north end of Pansy Avenue on Corona Del Mar was considered, but as it was located outside of the City, on motion of Councilman Claire -C seconded by Councilman Garfield and carried,.the application was denied. On motion of Councilman Garfield seconded by Councilman Ellsworth and, carried, the communication from the Director of Employ- ment Stabilization of Los Angeles, was filed. On motion of Councilman Claire seconded by Councilman Garfield and carried, the communication from the American City Magazine, with a questionaire attached, was referred to the City Engineer for reply. The communication from the Department of Industrial Relations with letter attached from the President's Emergency Committee for employment, asking if our new sewage disposal plant is going ahead soon, was considered, and on motion of Councilman Ellsworth seconded by Coun- cilman Garfield and carried, the matter was referred to the City Engin- eer for reply. On motion of Councilman Ellsworth seconded by Councilman Gar- field and carried, the communications from Nellie Dyson and the woman's Civic League recommending the appointment of:J.H.Summers on the Police Force, was referred to the Police Committee for consideration. On motion of Councilman Ellsworth seconded by Councilman Gar- field and carried, the communication from the west Newport Improvement Association in regard to the overhead crossing was referred to the City Engineer for reply. The communication from the Secretary of the west Newport Im- provement Association asking by what authority the Orange County Re- fining Co. were allowed to fence off and use 43rd Street , was consider- ed, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the matter was referred to the Street Superintendent with instructions to have the street opened up if closed. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the request of the Clamber of Commerce for ap- proval of expenditures of $750.00 from the unappropriated advertising fund for folders and stationery, was granted. The request of Geo. C. Hiner for renevial of his lease for the live bait concession on the Newport Pier, and the letters from W.J.Gehres and Wlater Dyson asking that the lease be thrown open for ' bids, were considered, and on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the matter was referred to the Street Committee for a report at the next.meeting. Letters from Chas. Holt, Newport Harbor Outboard Assos., J. Vilelle, Ray Saunders, R.F.Goings, National Outboatd Racing Assoc., Geo. E.. Spencer, Ralph Maskey, and a petition with 58 signatures favor- ing the outboard motor races asked for on the bay, were considered col- lectively , and on motion of Councilman Claire seconded by Councilman Garfield and carried, the matter was laid on the table for one week. On motion of Councilman Garfield seconded by Councilman Claire and carried, the communication from the Balboa Island Improve- ment Assn commending the Street Department for the splendid work done on the Balboa Island streets, was referred to the Street Committee. City Engineer Patterson reported that he had seen the Board of Supervisors and arranged a meeting with them and the Council for Tuesday, January 6th at 12:00 o'clock at the Newport Harbor Yacht Club. UNFINISHED BUSINESS . City Attorney Thompson gave a written report on the conditions necessary for establishing set back lines which would require the re- cording of a new map of the City. The matter was considered and on motion of Councilman Claire seconded by Councilman Ellsworth and car- ried, the report was accepted and filed, and Councilman . Hilmer ap- pointed a Committee to see the ovmers of the lots who had not given ' deeds so far. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the communication from the Bureau of Sanitary En- gineering proclaiming our present septic tank a nuisance and only al- lowed to exist this long on the understanding that the City was going ahead with a different and better proposition, was filed. NEW BUSINESS Councilman Claire introduced an ordinance entitled: 277 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE 150 OF THE CITY OF NEWPORT BEACH, BY AMENDING SECTION 26 THEREOF, AND AD= DING NEW SECTIONS TO BE KNOWN AS SECTION 1 1129. SECTION 27 -a, SECTION 27 -b, SECTION 27 -c, SEC- TION 27 -d, SECTION 27 -e, SECTION 27 -f, SECTION 27 -g, SECTION 27 -h, SECTION 27 -i, SECTION 27 -j, SECTION 27 -k, SECTION 27 -1 and SECTION 27 -m. The Ordinance was read, considered, designated ORDINANCE NO. 391, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the Ordinance was passed to the second reading. City Attorney Thompson referred to the list of delinquent pier rentals and also to a number of letters from owners of piers pro- testing on the payment of the rental on the ground that they owned the property on which the pier was built, but the City Attorney stated he considered that any structure extending into navigable waters should pay the rental. The matter was considered and on motion of Councilman Garfield seconded by Councilman Claire and carried, the matter was laid on the table to next meeting. A Heed dated the 3d day of January, 1931 from S.A. Stowell, his wife, to the City of Newport Beach, a municipal corporation of Orange County, California, granting to the City of Newport Beach, all that certain real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows' to -wit: All that portion of Lot 1, Block 143, of .Corona Del Mar as said lot is laid-out and shown upon a map recorded in Book 4, page 67 of Miscellaneous Maps, Records of Orange County, California, described as follows, to -wit: Beginning at the most southerly corner of said Lot 1; running thence north 220 31' 30" West along the southwesterly .line of said Lot 1 a distance of 23.06 feet; thence easterly along a curve concave to the north -and having a radius of 14 feet, said curve being tangent to the last described course, ' through an arc of 1170 25' 30" a distance of 25.7 feet to a point in the southeasterly line of said Lot 1; thence south c west along the said southeasterly line of Lot 1 and tangent to the last described curve a distance of 23.06 feet to the point of beginning. was:presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Claire made a motion, duly seconded by Councilman Garfield.and carried, that said Grant Deed be accepted by said City of.Newport Beach, and the Clerk instructed to record the same forthwith with the County Recorder of Orange County, California. Th at•'said motion was carried by the following vote, to -wit: AYES, Councilmen Hilmer,.Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. .ABSENT, Councilmen None. Councilman Claire introduced an Ordinance entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIP= MENT, USE, HEIGHT, AREA AND MAINTENA ^ICE OF ALL BUILDINGS AND /OR STRUCTURES IN THE CITY OF NEWPORT BEACH; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THERE- FOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; DE- ' CLARING AND ESTABLISHING FIRE ZONES; REPEALING ORDINANCE NO. 376 OF THE CITY OF NEWPORT BEACH, AND ALL OTHER OR- DINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The Ordinance was read, considered, designated ORDINANCE NO. 392, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the Ordinance was passed to the second reading. City Engineer Patterson present6d Insurance Policy No. 71316 in the Hap, ord Steam Boiler Inspection and Insurance Co. covering in- surance onrrequipment in Imhoff Tank , and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the Policy was accepted. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the demands having been signed and approved by the 278 Finance Committee, were allowed and warrants to be drawn for same. On motion of Councilman Ellsworth seconded by Councilman Garfield.and carried, the Clerk was instructed to notify Health Off- ices Grundy to be present at the Council meeting next Monday night. There.being no further business on motion of Councilman Claire seconded by Councilman Garfield and carried, the meeting adjourned to 7:30 o'clock P.M.. on Monday, January 12, 1931. - APPROVED: January 12, 1931 4 Z City Clerk City Hall, Newport Beach, Jan. 12, 1931. 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 and approved as read. City Attorney Thompson reported that the condemnation suit with the Pacific Electric Railway Co. for Seashore Drive in West New- port would probably be filed within 10 days or two weeks. Street Supt. Patterson reported that he had notified the. Refinery to move the fences from 43rd Street. He also found one of the derricks was constructed over an alley, and as the manager was away temporarily he had given them 10 days.from last Tuesday to remove same. .Mayor Johnson reported that their meeting with the Board of Supervisors-was_ not very successful as the Supervisors stated they would not be able financially to do anything before April. The communications were read.and acted upon as follows: The petition with 110 signatures asking that the Newport Harbor Outboard Assn. be allowed to hold 5 races yearly on the bay met with considerable discussion from different ones present, and City Attorney Thompson stated that under Ordinance No. 52 the Council could not give a permit for the use of boats without mufflers. Thereupon on motion of Councilman Ellsworth seconded by Councilman Claire and :carried, the City Attorney was instructed to draw up an amendment to Ordinance No. 52 and any other Ordinance in conflict with this resolu- tion, giving permission to the City Oouncil.to grant permits for races with or without mufflers, at not exceeding 7 days per year. On motion of Councilman Claire seconded by Councilman Garfield and- carried, the petition was filed. The communication from the California Real Estate Assn. asking for a reply to a former communication in regard to economy of city administration was taken up and on motion of Councilman Hilmer seconded by Councilman Olalre and carried, the Clerk was instructed to notify them that we are conducting the City on as economical a basis'as we can. On motion of Councilman Claire seconded by Councilman Garfield and carried, the request of Fire Chief Crocker for permission to attend ,he Fire Chiefs Association meeting at_E1 Centro with expenses allowed not- exceeding,$25.00, was granted. The communication from the Builders Exchange asking an amend- ment-'to the building code as outlined in their letter, was considered, and.on motion of Councilman Hilmer seconded by Councilman Claire and carried,-the matter was referred to the Building InBpec;tor and City Attorney for consideration. On motion of Councilman Claire seconded by Councilman Hilmer and carried$ the communication from the Newport Harbor Outboard Assn., explaining their meaning of the 5 days races, was filed. On motion of Councilman Garfield seconded by Councilman Ells- worth and carried, the communication from the Duilders Exchange asking the appointment of a license collector on a yearly basis, was referred to the Police Committee for report.