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HomeMy WebLinkAbout10/22/1934 - Adjourned Regular Meeting77 Ap ro ed: Councilman y Clerk. Councilma Newport Beach, October 22, 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 P. M. on above date with Mayor Hilmer presiding. The roll was called showing the full Council present. REPORTS OF STANDI14G COMMITTEES Councilman Ellsworth of the Street Committee advised that no report was ready on the various matters concerning Corona del Saar which were referred to that Committee. REPORTS OF SPECIAL COkLITTEES Councilman Garfield of the Advertising Committee advised that the report relating to the payment for fireworks in connection with the Balboa.Island Water Carnival Association wbuld be postponed for one week. City Attorney Thompson to whom the matter of automobile insurance rates was referred at a previous meeting, reported on same. Mrs. Anna Hawkins Lane presented a bid for the insurance covering the City owned automobiles, Lew H. Wallace addressing the Council in behalf of his bid for the same. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the matter of the automobile ' insurance was referred to the City "Attorney and the City Engineer for. report at the next meeting. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the regular order of "business was suspended in order to allow Mr. Monroe to take up the matter of the proceedings pertaining to the construction of a bulkhead in Tract 515. The Clerk reported that this was the time and place fixed for the hearing of protests or objections against the work, the district or the grades described in Resolution of Intention No. 554.in the matter of the construction of a wooden bulkhead and appurtenances and appurtenant work adjacent to the easterly line of Block P of Tract No. 518, adopted by the City Council of said City on the 24th day of Si.ptember, 1934. The Clerk also reported that the affidavits in proof of the publication of the Resolution of Intention and of the posting of the Notice of Improvement, as required by law, have been made and are on file in the office of the City Clerk. The Mayor, being the presiding officer of the City Council, then announced that pursuant to the provisions of Section 9 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", the first order of the hearing would be the reading of the Engineer's written report on the said project, presented to the City Council August 13, 1934 under the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", (except as to the map, plat or diagram and the assessed valuations and true valuations and the assessments and estimated assessments upon individual parcels of land), before protests or objections would be 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 against the work or the assessment district had been filed with him in said mentioned matter. The Clerk reported that one written protest had been filed with him prior to the time set for the hearing, by James E. Harvey, protesting against the proposed improvement and against the assessment district, The Mayor then announced that this was the time and place set for hearing of protests or objections against the proposed work or the assessment district, each as set forth in the said Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. No one responded. All protestants having been heard and an opportunity having been given to all persons desiring to be heard, and a full fair and impartial hearing having been granted, and the City Council having before it the diagram of the assessment district and being familiar with the said assessment district, and also having considered all protests filed, and having considered the character and nature of the proposed work and the necessity for the same, and having considered the matter as to the area of the property to be assessed for the said improvement represented by the several protestants, Councilman Claire presented the following resolution and moved its adoption. WHEREAS, certain protests having been filed by James E. Harvey, protesting against the doing of the work described in Resolution of Intention No. 854, or against the assessment district; and WHEREAS, the City Council has carefully considered all protests or objections and having considered the area of the district represented by the said protests; JS'q NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections % have been made by the owners of less than one -half of the area of the property to be assessed for the said work and improvement, as set forth in said Resolution of Intention No. 854; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be and the same are hereby overruled and denied. Said motion was duly seconded by Councilman Garfield and upon roll call same was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire then offered and moved the adoption of the Resolution Ordering Work No. 858 in the matter of the construction of a wooden bulkhead adjacent to the easterly line of Block P of Tract No. 518 in the City of Newport Beach. Which motion was duly seconded by Councilman Garfield and upon roll call same was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire then offered and moved the adoption of Resolution No. 659, ordering and directing that the work described in Resolution Ordering Work No. 858 be done under the direction of the City Engineer instead of the Superintendent of Streetsof the City of Newport Beach. Which motion was duly seconded by Councilman Garfield and upon roll call same 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 Garfield, seconded by Councilman Claire and carried, the regular order of business was resumed. COIAUNICATIONS City Tax Collector J. A. Gant presented a communication concerning the adoption of an ordinance in relation to a tax moratorium• in keeping with State legislation enacted in regard to the same, and as adopted by other cities. On motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the Ordinance was passed to the second reading. City Engineer Patterson presented a communication regarding the regulations of the United States District Engineer for the issuance of permits for the construction of piers and recommended the granting of the applications of Dr. S. 0. Chambers for the construction of a pleasure pier fronting on Lot 297, Tract 907, and of Reuben Cole for the construction of floats fronting on Lot G, Tract 919. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the applications were granted and the report of the City Engineer ordered filed. M City Engineer Patterson presented a communication concerning the water situation stating that due to his absence the report on the same could not be brought at this meeting and requested that the Council adjourn to October 29th in order that the matter could be taken up at that time. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the communication was ordered filed. The communication submitted by City Engineer Patterson pertaining to the opening of Bay Avenue between Ninth and Tenth Streets in connection with the application to the S.E.R.A, together with conditional easements from various property owners for rights of way; an Ordinance providing for the dedication for street purposes certain ' described lands, and a request for authorization to purchase the required amount of sewer pipe in connection with the project. The matter was set over to be taken up in the order of New Business. The application of Curtis B. Leonard,.addressed to the Library Board, for the position of gardener and caretaker of the Library grounds was, on motion of Councilman Garfield, seconded by Councilman Claire and carried, ordered filed. The communication of H. L. Clark of Salem, Oregon in which a plan was submitted for the protection of the beach in the westerly portion of the City, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, ordered filed. The statement from D. A. and.riarvey L. Bear regarding the amount of beans, bean straw and barley hay due the City as rental for certain lands leased by them, was read and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the amount received for the City's share from the sale of the bean straw and barley hay, was approved and of the City's share of the beans the same were ordered sold with the exception of 25 sacks. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the Street Superint- endent was instructed to haul and store the 25 sacks of beans retained by the City. The matter of a bunicipal Survey Project as suggested by the Orange County Municipal League was presented, Mayor Hilmer explaining the same to the Council for approval, whereupon Councilman Claire moved the adoption of the following Minute Resolution; It was moved, seconded and carried that the City of Newport Beach is interested in joining with the other member cities of the ORANGE COUNTY LEAGUE OF MUNICIPALITIES in considering the advisability of said League making an application to S,E.R.A„ of California, for a municipal survey project, and Hermann Hilmer, Mayor is hereby delegated and empowered to represent and act for said city of Newport Beach in all deliberations of the Orange County League.of Municipalities and its member cities in considering, signing and filing of such application. I hereby certify the foregoing to be a correct copy of an excerpt of the Minutes of a regular adjourned meeting of the City Council of the City of Newport Beach, held on the 22nd day of October, 1934. Dated: This 22nd day of October, 1934. Frank L. Rinehart City Clerk the motion was duly seconded by Councilman Garfield and passed by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. ' The communication from midge Builders, Inc., Oakland, California quoting prices on used metal sheet piling was on motion of Councilman Claire, seconded by Councilman Garfield and carried, referred to the City Engineer. The communication and report from Harold P. Huls, Chairman of the 1915 Improvement Act Committee, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the City Attorney, and-the City Treasurer authorized to issue a demand on the City for One- Hundred Dollars in favor of the Committee as a contribution for litigation expense. 80 t" The invitation to participate in the Armistice Day Celebration at Huntington Beach and suggesting floats that would interpret the fundamental American Principles from L. E. Mitchell of the Armistice Day Committee, was on motion of Councilman Gordon, seconded by Councilman Claire and carried, referred to the Advertising Committee. Claude A. Pullen addressed the Council concerning the City's float being prepared for the Armistice Day event, explaining that the same would carry -out the theme of the American Constitution. Several letters were read in opposition to the proposed Cat License ordinance, Lew H. Wallace orally expressing his opposition to the ordinance. • E. Garrett Smith in a letter to the Council asked that ' the proposed ordinance providing for the collection of a license for cats, not be passed, and on- motion of Councilman Claire, seconded by Councilman Gordon and carried, the letter was ordered filed. Helen L. Coffin's letter to the Council in which opposition to the proposed cat license ordinance was expressed, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, ordered filed. UNFINISHED BUSINESS None. NEW BUSINESS A grant deed, dated the 25th day of September, 1934, from Albert T. Bruhn and Benina Bruhn, husband and wife, to the City of Newport Beach, a Municipal Corporation, granting to said City of Newport Beach an easement for street purposes over the following described land: Beginning at a point in the northerly prolongation of the westerly line of Lot 3, Block 10 , as shown on a map of Section B, Newport Beach, recorded in Book 4, page 27 of Miscellaneous Maps, Records of Orange County, California, which point is North 17 030' East, 110 feet from the northwest corner of said Lot 3, running ' thence North 17 030' East, 25 feet; Thence South 72031'30' East, 35 feet; Thence South 17 930' West, 25 feet; Thence.North 72031' 30" West, 35 feet to the point of beginning. Subject to conditions and revisions of record and also subject to taxes 1934 -35 now a lien. The consideration for which this deed is given being less than $100.00 no United States Revenue Stamps are affixed thereto. The foregoing deed was presented to the City Council of the City of Newport Beach, California. Whereupon Councilman Claire made a motion, duly seconded by Councilman Gordon 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 the County of Orange, State of California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Attest: Frank L. Rinehart City Clerk. A Grant Deed, dated the 16th day of October, 1934, from John Ruether and N.argaret F. Ruether, husband and wife, to the City of Newport Beach, a Municipal Corporation, granting to said City of Newport. Beach an easement for street purposes over the following described land: Beginning at a point in the northerly prolongation of the westerly line of Lot 5, Block 10 , as shown on a map of Section B, Newport Beach, recorded in Book 1, page 27, of Miscellaneous Maps, Records of Orange County, California, which point is north 17030' East, 110 feet from the northwest corner of said Lot 5; running thence South 72031'30" East, 50 feet to a point in the northerly prolongation of the westerly line of Lot 3 of said Block 109; thence North - _17030' East, 50 feet; thence North 72 031'30" west, 50 feet; thence South 17030' West, 50 feet to the point of beginning. Subject to conditions and revisions of record and also a subject to taxes, now a lien. The consideration for which this deed is given being less than $100.00 no United States Revenue Stamps are affixed thereto. The foregoing deed was presented to the City Council of the City of Newport Beach, California. Whereupon Councilman Claire made a motion, duly seconded by Councilman Gordon 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 the County of Orange, State-of California. That said motion was carried by ' the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Attest: Frank L. Rinehart City Clerk. A Grant Deed, dated the 21st day of September, 1934, from R. C._Mize and Eleanore Mize, husband and wife, to the City of Newport Beach, a Municipal Corporation, granting to said City of Newport Beach ,an easement for street purposes over the following described land: Beginning at a point in the westerly line of Ninth Street as said Ninth Street is laid out and shown on a map of Tract No. 864, recorded in Book 30, pages 11 and 12, Miscellaneous Maps, Records of Orange County, California, which point is North 17 030' East, 110 feet from the northeasterly corner of Lot It Block 109, as shown on a map of Section B, Newport Beach, recorded in Book 4, page 27 of Miscellaneous Maps, Records of Orange County, running thence North 17 030' East alon� the said westerly line of Ninth Street 50 feet; Thence North 72031'30 West, 65 feet; Thence South 17030' West, 25 feet; Thence South 72 031'30" East, 35 feet; Thence South 17030' West, 25 feet; Thence South 72 931'30" ' East, 30 feet to the point of beginning. Subject to conditions and revisions of record and also subject to taxes City-County unpaid thereon. The consideration for which this deed is given :being less than $100.00 no United States Revenue Stamps are affixed thereto. The foregoing deed was presented to the City Council of the City of Newport Beach, California. Whereupon Councilman Claire made a motion, duly seconded by Councilman Gordon 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 the County of Orange, State of California. That said motion was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Attest: Frank L. Rinehart City Clerk. The matter of the quitclaim deed from the Title Insurance and Trust Company was presented by City Attorney Thompson together with a resolution accepting same, with no action being taken. In the matter of opening Bay Avenue between Ninth and Tenth 'Streets and the dedicating of same by the City of Newport Beach to the public•for street purposes was taken up and the passing of Ordinance No. 424 pertaining thereto to the second reading was moved by Councilman Claire, seconded by Councilman Gordon and carried. City. Attorney Thompson presented the ordinance providing for the licensing of cats and reduding the license fee for dogs. Considerable discussion was had in connection with the ordinance, Chief of Police Hodgkinson addressing the Council concerning the proposed measure. On motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the City Attorney was instructed to draft an ordinance repealing the existing Dog Ordinance No. 359• M On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried the City Attorney was instructed to .draft an ordinance providing that no license fees be collected on cats or dogs requiring that owners of dogs procure tags for same from the City. Mayor Hilmer advised the Council that Harbor Blaster Bouchey was in need of a desk for his office and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the purchase of same was authorized. The term of Mrs. Margaret Burlingame as a member of the Library Board having expired, Mayor Hilmer re- appointed her for the ensuing term and on motion of Councilman Claire, seconded by Council- man Gordon and carried, the appointment was confirmed. The controversy concerning the sale of smoked fish on the beach was brought up in the Council, Mrs. Irene Hall speaking on behalf of the beach contingent; A. J. Miller a smoked fish dealer of 202 Highland Avenue, addressing the Council in his own behalf as opposing certain methods employed by the smoked fish dealers operating on the.beach. On motion of Councilman Ellsworth, seconded by Mayor Hilmer and carried, the question was referred to the Police Committee and the Chief of Police with power to act in the adjustment of the matter. ADJUURNMENT On motion of Councilman Ellsworth, seconded by Councilman Claire and carried, an adjournment was taken to 7:30 p. m. October 29, 1934. Mayor of the City of Newport Beach proved;o Councilman ity Clerk Councilman Newport Beach, October 29, 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 p. m. on above date, with Mayor Hilmer in the Chair. The roll was called showing the full Council present. REPORTS OF SPECIAL CU&LITTEES None. ' _ REPORTS OF STANDING bOLLITTEES Councilman Gordon, Chairman of the Police Committee, submitted a report in connection with certain so- called gambling games, a matter Laid on the Table from the meeting of September 3, 1934. The report was read and it was moved by Councilman Gordon, seconded by Councilman Garfield and accepted by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Claire, Chairman of the Finance Committee, to which Committee the matter of the publishing of the delinquent tax list was referred, advised that the question be held in abeyance pending the State Legislature's action concerning the same, stating