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HomeMy WebLinkAbout09/17/1934 - Adjourned Regular Meeting.� ADJOURNMENT There being no further business to come before the Council a motion to adjourn to 7;30 p. m. September 17, 1934 was made by Councilman Claire, seconded by Councilman 'Ellsworth and carried. W4_1 0�111z_kk Ma of the City of Newpor Beach Councilman CTz �2Cs:�v, -s'C Councilman Council,' o Counc an Newport Beach, September 17, 1934. The City Council of the City of Newport Beach met in regular adjourned session in the City Council Chambers of the City of Newport Beach at 7:30 o'clock on above date with Mayor Hilmer in the Chair. The roll was called showing the full Council present, with the exception of Councilman Claire who was absent. REPORTS OF SPECIAL COMMITTEES City Attorney Thompson who was requested at the previous meeting to draft an ordinance creating a Harbor Advisory Commission, submitted a written opinion indicating that the City of Newport Beach had no jurisdiction in the matter;, the Board of Supervisors of Orange County being vested with that authority, and further that an Act of Legislature would be necessary for the formation of a Harbor Commission, said Act to be done only upon the joint request of the County of Orange and the City of Newport Beach. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the opinion of the City Attorney was laid on the Table for consideration later. REPORTS OF STANDING COMMITTEES Councilman Ellsworth of the Street Committee reported on the-petition and application of Valdemar Sorenson asking for perwisston to sell both live and salted bait on the Balboa pier, recommending that the license of Mr. Sorenson remain as at present which provides for the sale of live bait only, other Balboa establish- ments opposing the privilege. Mr. Sorenson addressed the Council regarding the matter and after some discussion, it was moved by Councilman Ellsworth, seconded by Councilman Garfield and carried, to lay the matter on the Table for consideration at the nest meeting. Mayor Hilmer addressed the Council concerning-the erosion of the beach at the Seashore Colony Tract and Tract 515, stating that it was necessary for the City to do something to protect property in those sections, and on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the necessary expenditure was allowed in the emergency of saving the homes of property owners. Water Superintendent Patterson suggested that emergency work on an eight inch water line along Coast Boulevard to replace the line destroyed by the tides along the shore, be undertaken immediately in order to provide water and furnish fire protection in the Seashore Colony Tract. On motion of Councilman Me Ellsworth, seconded by Councilman Gordon and carried, the Water Superintendent was authorized to proceed with the work. A communication from the League of California kunicipalities regarding the matter of dues for the calendar year, was read, andon motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the payment of dues was deferred and the letter ordered filed. Gordon B. Findlay, Commodore of the West Newport Yacht Club., in a letter to the Council protested the extension of the slips of the Brown Boat Works further into the channel, stating that same would block the narrow entrance under the Central Avenue bridge, and on ' motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the City Clerk was instructed to'advise the writer regarding the City's jurisdiction in the matter; the..letter being ordered filed. B. H. Cass presented a written protest pertaining to the extension by the Brown Boat Works of their slips, which would block the channel under the Central Avenue bridge. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the City Clerk was instructed to advise Mr. Cass concerning the City's authority in the matter and the letter was ordered filed. E. A. Owen of Balboa Island in a letter to the Council, protested against certain alleged conditions on the Islarid, namely: the howling of dogs, at night; riding of bicycles on the sidewalks, and the sand boxes built at various places along the beach. On motion of Councilman Garfield, seconded by Councilman Ellsworth and carried, the first two complaints were referred to the Police Chief; the matter of the sand boxes to the Street Superintendent with instructions to post warning signs on same. City Attorney Thompson presented a letter regarding the damage suit filed against the City by Ella R. Doherty in the sum of $8,300.00 through the law offices of Joseph Scott in which judgement was given the City of,Newport Beach for its costs incurred in said action. On motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the letter was ordered filed. Mayor Hilmer addressed the Council regarding obstructions and damaged sidewalks and streets that might cause actions to be brought ' against the City f or'damages and suggested that the City Attorney write a letter to City employees to report on any hazardous conditions and a copy of same to be submitted to the Building Inspector for notification to'property owners liable for repairs. John F. Vogel presented a petition to the City Council bearing in excess of 600 names asking that lawful amusements be permitted to operate in the City. The petition was accompanied by a letter in which was stated that business in the Balboa business district had suffered a loss of 25� since the closing of certain amusements in that section. A. B. Rousselle presented a supplementary petition to the one presented at a previous meeting, together with a letter which tabulated the total number of signatures as 627, the letter containing arguments against the licensing of certain games within the City. W. S. Smith Jr. presented a letter, the contents of which were contrary to the licensing of the games in question. City Attorney Thompson, in accordance with instructions from the Council at a previous meeting, submitted a written opinion regarding certain games heretofore conducted in the City of Newport Beach, citing various sections of the Penal code &nd'court decisions concerning same. Councilman Gordon moved that all games which were closed by the Orange County Sheriff on the 28th day of July last, the licenses to operate which were issued by the City of Newport Beach, be revoked and any unused portion of same to be refunded to the licensees. The motion was seconded by Councilman Ellsworth, whereupon City Attorney ' Thompson advised that the City could not revoke any license without first granting a hearing, the motion of Councilman Gordon and the second thereto were withdrawn. Councilman Gordon moved that a hearing be held at which the operators of those games closed by the Sheriff of Orange County and for which the City of Newport Beach had granted licenses, be asked to show cause why the said licenses should not be revoked. C. W. Hutchins an operaoor of one of the closed games addressed the Council and asked that the Council await the decision of a case now in court respecting the type of games under discussion. The City Attorney again addressed the Council advising that certain grounds must be stated by the Council in the revoking of any license. The motion of Councilman Gordofiwas withdrawn. 68 Councilman Ellsworth stated that since there were petitions both for and against certain games being operated in the City, moved that the City Clerk check all the petitions presented pertaining to the matter, as to whether the signers thereon were tax - payers or non tax - payers; voters or non - voters in the City of Newport Beach, the Clerk to report the findings as soon as possible. The motion was seconded by Councilman Garfield and after Reuben Cole had addressed the Council in regard to whom might be assessed for the costs, if any, involved in connection with any legal procedure, was carried by the following roll call vote, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilman Claire. Reuben Cole addressed the Council regarding better protection for boat owners, stating that while ample fire protection was afforded for property on land, none was provided for boats; also that the boat used by the Harbor Master was unsafe not being seaworthy in accordance with government specifications: The City Attorney advised that the matter was one in which the United States Government had jurisdiction. Claude A. Pullen addressed the Council regarding the opinion of the City Attorney in appointing a Harbor Advisory Commission, and recommended that a zoning ordinance be adopted for the Care of the shore line. Mayor Hilmer advised that the subject was one of zoning rather than a harbor matter, but believed that in view of the opinion of the City Attorney, that the Council should take the necessary steps to ascertain the question of jurisdiction in connection with the harbor. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the Mayor was asked to appoint a committee consisting of two members of the City Council, acting in conjunction with the City Attorney and the Planning Commission to take the matter up with the Supervisors of Orange County and the Federal Government as to Harbor jurisdiction. Regarding the matter of the appointment of a Harbor Commission, it was moved by Councilman Ellsworth, seconded by Councilman Gordon and carried, that the subject be laid on the Table pending the report of the committee appointed by the Mayor ' for the purpose of securing the necessary data in relation thereto. The annual report of the auditing firm of Crenshaw, Diehl & Wright, auditors for the City was presented and on'motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, was laid on the Table untilthe next meeting. UNFINISHED BUSINESS The application of Reuben Cole for permission to re- construct certain boat slips and floats, was presented. City Engineer Patterson advised that the United States District Engineer had requested that all applications for the construction of piers, floats'etc. be sent to that office for approval and recommended that Mr. Cole apply to the U. S. Engineer for the permit, and on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the report of the City Engineer was accepted. The application of F. P. Brackett to construct a landing consisting of steps along the seawall fronting on Lot 1, Block 1, Section 1, Balboa Island was presented, and on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the City Engineer was instructed to draw plans and specifications of same for the Council's approval. IN THE MATTER OF THE PROPOSED CONSTRJCTION OF A WOODEN , BULKHEAD ADJACENT TO THE EASTERLY LINE OF BLOCK P OF TRACT No. 515 IN THE CITY OF NEWPORT BEACH. HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AS AMENDED. Date: September 17th, 193+- The clerk reported that this was the time and place fixed for the hearing on the written report heretofore filed by the City Engineer and approved by the City Council of the City of Newport 2 Beach, in accordance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", as amended, to -wit: Monday, the 17th day of September, 1934 being the day, and the Council Chamber in the City Hall of said City being the place, fixed for said hearing. The Clerk also reported that on the 14th day of August, 1934 he deposited in the United States mails, with postage prepaid, a notice of the time and place ofhearing upon said written report, all in the matter and form required by Section 6 of the said Act, and that an affidavit in proof of such mailing is now on file in the office of the City Clerk; and more than thirty (30) days having elapsed since the date of said mailing, the said City Council has acquired power to proceed with the hearing in said matter pursuant to said Act. The Mayor, being the presiding officer of the City Council, then announced that the first order of the hearing would be the reading of the said written report, except as to the map, plat or diagram, and the assessed valuations and true valuations of and assessments and estimated assessments upon the individual parcels of land, before protests were considered. Whereupon the Clerk read the said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections to the doing of the things proposed in said written report had been filed with him in said mentioned matter. The Clerk reported that no written protests had been filed with him prior to the time set for said hearing. The Mayor then inquired if any persons who would be entitled to protest or object to the doing of the things proposed to be done desired to make oral protests or objections, and stated that such persons would now be heard. Mr. C. C.Hosmer, Mr. R. V. Jones, Mr. A. J. Carson each addressed the City Council on the matter of said written report and the doing of the things proposed in said written report and propounded a great many queries to the City Council and the Engineer relative to the assessed valuations, true valuations and estimated assessments upon the individual parcels of land, however did not voice any ' objection against said improvement. After a full and thorough hearing had been had in said matter, and an opportunity had been given to any and all persons desiring to be heard or to make objections to the things proposed to be done, and after having considered the written report filed by the City Engineer in said matter, and after some discussion by the members of the City Council and considering the report of the City Engineer, Councilman Garfield offered and moved the adoption of the following resolution, which said motion was seconded by Councilman Gordan and carried by the roll call as shown in said resolution: IN THE MATTER OF THE PROPOSED CONSTRUCTION OF A WOODEN BULKHEAD ADJACENT TO THE EASTERLY LINE OF BLOCK P OF TRACT No. 518 IN THE CITY OF NEWPORT BEACH. WHEREAS, the City Council of the City of Newport Beach, California, did on the 13th day of August, 1934, pursuant to statute, approve the written report prepared and filed by the City Engineer of said City, in accordance with the provisions of that certain Act of the Legislature of the State of California known as the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", as amended, and did on said date fix Monday, the 17th day of September, 1934, at the hour of seven thirty (7:30) o'clock P.M. as the day and hour, and the Council Chamber in the City Hall in said City of Newport Beach as the place of hearing on such report; and ' WHEREAS, the City Clerk of the said City of Newport Beach thereafter deposited in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said report, all in the time, manner and form required by said Act; HOW, THEREFORE, BE IT RES6LVED, that the City Council of the City of Newport Beach hereby finds and determines as follows: (1) That protests in writing have not been filed by the owners (as defined in the "Improvement Act of 191111) of a majority of the area of the lands to be assessed within the proposed assessment district, as said district is defined in said written report. (2) That the aggregate special assessment liability on the lands proposed to be assessed for such improvement, as such liability is shown in said preliminary written report, will not exceed fifty (50) percent of the true value of all the lands to be so assessed. 70 (3) That the estimated proposed assessment to be levied for the proposed improvement against each parcel proposed to be assessed therefor, will not exceed fifty (50) percent of the true value of such parcels. AND BE IT FURTHER RESOLVED', that the said City Council hereby finds and determines that the proposed improvement is feasible, and that the lands proposed to be assessed to pay the costs and expenses thereof, in the opinion of the said City Council, are able to carry the burden of such proposed assessment by the reason of the fact that after said improvement is completed as proposed, the true value of said lands will be increased so that the ratio of assessment liability to true value will be within the limitations prescribed by the said "Special Assessment ' Investigation, Limitation and Majortiy Protest Act of 1931 ", as amended. I HEREBY C E R T I F Y that the foregoing resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof on the 17th day of September, 1934, by the following vote, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield, Hilmer: NOES: Councilmen None. ABSENT: Councilman Claire City Clerk of the City of Newport Beach, California. NEW BUSINESS' None. ADJOURNIENT There being no further business to come before the Council a motion to adjourn to 7:30 o'clock P.M. on September 24th, 1934 was made by Councilman Gordon, seconded by Councilman ' Garfield and carried. Mayor of the City of Newport Beach Councilman CouncilmaC i L ED: c Councilman City Clerk Councilm