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HomeMy WebLinkAbout06/04/1934 - Regular Meeting43 Newport Beach, June 4, 1934• The City Council of the City of Newport Beach met in regular session at the City Council Chambers of the City of Newport Beach at 7:30 o'clock p. m. on above date with Mayor Hilmer in the Chair. The roll was called showing the full Council present. REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted, the reading of reports of other Heads of Departments dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMMITTEES The City Attorney reported that legal notice had been given to those property owners whose structures were encroaching upon public property, namely Marine Avenue, Balboa Island, relative to the removal of same, and asked for further instructions from the Council. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the report was ordered filed. It was moved by Councilman Gordon, seconded by Councilman Claire that the structures encroaching upon Marine Avenue, a public street, be removed by summary procedure and the Inotion was carried by the following roll call,vote, to -wit: AYES, Councilmen Gordon, Claire, Garfield, Hilmar. NOES, Councilmen Ellsworth. ABSENT, Councilmen None. REPORTS OF S'T'ANDING COMMITTEES None. COMMUNICATIONS J. A. Gant, Deputy City Tax Collector presented the delinquent list.as prepared for advertising of all lots and parcels of property in the City which are at this time delinquent for taxes and assessments for the fiscal year July 1,• 1933 to June 30, 1934. On motion of Councilman Garfield, seconded by Councilman Ellsworth and carried the same was ordered published. The application of Anderson & Bishop for a permit to conduct a restaurant at the Corner of Bay Avenue & Washington Street, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed subject to the approval of the Health Officer. Communications from W. M. Gray and Joe C. Elliott in which application was made for taxicab parking space at the latters places of business in Balboa and Newport, and it was moved by Councilman Ellsworth that the Traffic Ordinance be amended in order to permit the parking of taxicabs at locations deemed best by the Police Committee, the motion was seconded by Councilman Gordon and carried, the amendment passing to the second reading. Billy West presented an application for permission to stage a "Buried Alive" stunt opposite 204 Washington Street, Balboa, and on motion ,of Councilman Claire, seconded by Councilman Garfield and carried, the request was referred to the Chamber of Commerce for report. The request from the Chamber-of Commerce that the Council appoint an Advisory Committee on parks and beautification matters was, on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, laid on the Table. The Chamber of Commerce presented a budget schedule for the fiscal year of 1934 -35, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the Tournament of Lights item of fifteen - hundred Dollars was endorsed and the rest of the budget to be taken up with the Advertising Committee and the Chamber of Commerce for further consideration. A petition bearing 46 names protesting the use of the property located between 15th Street and the present Camp Ground for camping purposes was presented. Mr. Dovey of the Wildey interests addressing the Council in connection therewith It was moved by Councilman Ellsworth and seconded by Councilman Garfield that the cable and posts be removed from the easterly end of the Camp Ground annex. The motion was amended by Councilman Gordon to remove the same only at times when the space is not needed for the-overflow from 44 r+ the Camp Ground proper. The amended motion was seconded by Mayor Hilmer, and was lost by the following roll call vote, to -wit: AYES: Councilmen Gordon NOES: Councilmen Claire, Ellsworth, Garfield, Hilmer. ABSENT: Councilmen None. The original motion by Councilman Ellsworth was carried by the following roll call vote, to -wit: AYES: Councilmen Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen Gordon. ABSENT: Councilmen None. A petition bearing 17 names from property owners in the ' Seashore Colony Tract protesting against the establishment of a restaurant and the sale of beer at Seashore Drive and Nordine Street was presented, and on a ruling by the City Attorney that the location in question was not restricted for residential pnrposes,and'the Council could not'resufe,to issue a license, and_on'.motion ofCouncilman Ellsworth, seconded by Councilman_Gordon and carried, the petition was ordered filed. Loyal L. Budworth of 304 Onyx Avenue, Balboa Island in a letter to the Council protested against the use of the Bay frontage _of that_ street..'. for general salvage purposes and the unloading of' fish. On motion of Councilman Claire, seconded by Councilman Garfield, the matter was referred to the Harbor Master and the City Engineer, with . power to act and to report on same. James H. Keeley presented a oid of $210 for Lot 9, Block 9, Section 2, Balboa Island owned by the City of Newport Beach. It was moved by Councilman Ellsworth, seconded by Councilman Gordon and carried, that the bid lay on the Table to be considered at the next meeting of the Council. W. J. Hole, owner of the Yacht 11Samona 2" in'a letter to the Harbor Master made application for anchorage in the extreme Northwest corner of the Yacht Club area and on motion of Councilman Garfield, seconded by Councilman Gordon and carried, the request was referred to the Harbor Master for action. Leon S. Heseman. Secretary of the Newport Harbor Yacht Club, in a letter to the Council expressed the appreciation of that Club and its members for the splended service rendered that organization by Harbor Master Robinson on the occasion of the opening of the season and the Club's seventeenth birthday May 19, 1934. On motion of Councilman Gordon, seconded by Councilman Garfield and carried.the letter was ordered filed. The Construction Industries of Orange County presented an invitation to the City Council to send a representative to attend the First Annual Banquet of that organization to be held at the American Legion Hall in Santa Ana on June 12th, a complimentary ticket being enclosed with the invitation. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the letter was ordered filed. T. W. Pepler, General Agent of the Southern California Laundry Owners Association, presented a protest against the amount of license charged laundries coming into the City. Mr. white of the Huntington Beach Laundry addressing the Council respecting the protest. On motion of Councilman Gordon, seconded by Councilman Garfield and carried, the matter was laid on the Table. UNFINISHED BUSINESS The application of Mrs. H. C. Haubold for a permit to construct a pleasure pier fronting on Lot S. Block 4, Tract 626, having been approved by City Engineer Patterson, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, allowed. On motion of Councilman Claire, seconded by Councilman ' Gordon and carried, the Building Inspector was requested to inform Mrs. John Legg of Baltma Island that the City was powerless.to compel the removal of the building at the southeast corner of Diamond and Park Avenues, which was complained of as being unsightly by Mrs. Legg in a letter to the Council at a previous meeting. NEW BUSINESS Reuben Cole addressed the Council, complaining of the wake caused by the operation of the boat "Dawn" operating from the County dock, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the complaint was referred to the Pblice_Committe6 to take action. 45 The monthly demands having been duly audited by the Finance Committee, it was moved by Councilman Claire, seconded by Councilman Gordon and carried that the same be allowed and warrants drawn for same. The application of Billy West for a permit to stage a "Buried Alive" act, laid over to new business, was brought up by Councilman Ellsworth, the applicant addressing the Council concerning same, no further action was taken, the matter having been referred previously to the Chamber of Commerce for report. Councilman Ellsworth brought up the matter of the money to which the City was entitled to from the Gas Tax Fund to be used in alley and street work estimated at $1,269.00 due from the County of Orange. On motion of Councilman Claire, seconded by Councilman Gordon and carried, ' the Street Superintendent was authorized to proceed with the improvements and to present a demand to Orange County. It was moved by Councilman Ellsworth that the City Auditor furnish the Realty Board with a list of all City owned property with a request that the latter furnishFthe Council with valuation appraisals on same. The motion was seconded by Councilman Gordon and carried. Councilman Ellsworth brought up the matter of the Orange County Planning Commission and the employment of a consultant regarding a countywide plan and suggested that the City Council contact the County Commission in regard to cost for the service, offering a motion that the Council notify the City Planning Commission to contact and consult with the Orange County body in reference thereto, the motion was seconded by Councilman Gordon and carried. City Attorney Thompson advised that in connection with the proposed Radio Ordinance he would meet with electricians.regarding same and report at the next meeting. On motion of Councilman Claire, seconded by Councilman Garfield an amendment to the existing Ordinance relating to the parking of taxicabs and busses and to permit the same to park at certain specified locations was introduced and passed to the second reading by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire,. Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. 'The City Engineer presented Plat No. 399 showing the exterior boundaries of the proposed assessment district for the proposed improvement on certain tidelands and submerged lands owned by the City of Newport Beach adjacent to Lot M, and Block P, of Tract No. 515, in said city. Also Plan No. 399, consisting of one sheet, together with the specifications for said improvement, and recommended that said Plat No. 395 of the assessment district and the said Plan No. 399, consisting of one sheet, together with the specifications, be approved. WHEREUPON, Councilman Claire moved that the said Plat No. 395 of the assessment district and the said Plan No. 399, considting of one sheet, together with the specifications, be adopted and filed in the office of the City Clerk. Which motion was duly seconded by Councilman Gordon and upon roll call carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Ellsworth offered and moved the adoption of Resolution No. 527 being a resolution entitled "Preliminary Determination of Legislative Body under 'Special Assessment.Investigation, Limitation and Malomity Act of 1931' and Amendments thereto ", in the matter of proposed improvements on certain tidelands and submerged lands owned by .the City of Newport Beach. ' Which motion was duly seconded by Councilman Gordon and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. On motion of Councilman Claire, duly seconded and carried the following resolution was adopted: WHEREAS, the petition presented by the property owners for the construction of a bulkhead adjacent to Block P of Tract No. 519 was signed by property owners representing more than fifteen per cent of the area of the proposed assessment district, and 46 01 Whereas, it appears to the City Council that the contemplated C" improvements will not exceed the limitations as set up by the "Special Assessment and Investigation, Limitation and Majority Act of 1931 ", and Amendments thereto. NOW, THEREFORE, be it resolved by the City Council ofithe City of Newport Beach that the City Clerk is not required to mail postal cards to the property owners within the proposed assessment district, as provided for by Section 13 of said "Act of 193111. AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire offered and moved the adoption of Resolution ' No. 828 entitled "Resolution Directing Preparation of Investigations Report" in the matter of proposed improvements on certain tidelands and submerged lands owned by the City of Newport Beach, which motion was duly seconded by Councilman Gordon, and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. City Attorney Thompson reported that the matter of telephone rates effecting the Corona del Mar district-was not yet ready for report. The Finance Committee submitted the yearly budget for 1934 -35, and on motion of Councilman Gordon, seconded by Councilman Garfield and carried, the same was adopted. Councilman Ellsworth brought up the matter of restoring the six days a week'for the Fire Department for three men and the Fire Chief, making a motion to that effect which was seconded by Councilman Garfield and carried by the following roll call vote, to -wit: AYES: Councilmen Ellsworth, Garfield, Hilmer. NOES: Councilmen Gordon, Claire. ABSENT: Councilmen None. On motion of Councilman Ellsworth, seconded by Mayor Hilmer , that the Police Department be put on six days a week basis, the motion was carried by the following roll call vote, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield, Hilmer. NOES: Councilmen Claire. ABSENT: Councilmen None. It was moved by Councilman Ellsworth that the City.Engineer, Police Chief, Fire Chief and.Assistant Street Superintendent be put on a monthly salary and the Finance Committee to report at the next meeting as to the salary; the motion was seconded by Councilman Claire and carried. Councilman Claire reported on the matter of salary for the City Judge, and on motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the Finance Committee was requested to recommend and report op -same. ADJOURNMENT There being no further business to come before the Council, a motion to adjourn Sine Die was made by Councilman Claire, seconded by Councilman Garfield and carried. of the City of Newport Beach ilman A roved: Councilman y 01 erk ilmfivf