HomeMy WebLinkAbout08/05/1935 - Regular MeetingWRI
Newport Beach, August 5. 1935•
The City Colmcil of the City of Newport Beach met in regular
session in the City Council Chambers of the City of Newport Beach at
7:30 o'clock P. M. on above date, with Mayor Hilmer presiding.
The roll was called showing the full Council present, with the
' exception of Councilman Garfield, who was absent.
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
City Attorney Thompson submitted a written report relating
to the necessary procedures to be followed in connection with the
proposed construction of a seawall around.Balboa Island and assessing
or taxing the.cost thereof against a district.
In connection with the above the City Attorney submitted a
letter from James L. Beebe of the firm of O'Melveny, Tuller & Myers,
both communications being read before the Council.
In discussion of the matter, Dr, Howard W. Seager addressed
the Council, and on motion of Councilman Claire, seconded by Councilman
Gordon and carried, the City Engineer was directed to make a preliminary
survey of the proposed seawall and to prepare plans, specifications
and plats of the project.
On motion of Councilman Claire, seconded by Councilman Cordon
and carried, the City Engineer was authorized to employ the necessary
extra help in the work of preparing the Balboa Island seawall plans.
On motion of Councilman Claire, seconded by Councilman Gordon
and carried, the report of the City Attorney pertaining to the construc-
tion of a seawall around Balboa Island was ordered filed.
REPORTS OF STANDIiG COMkIT'TEES None.
COMMUNICATIONS
A petition bearing seventeen names of property owners between
15th and 19th Streets on the Ocean Front, protesting against the alleged
unnecessary depositing of sand in front of their property, due to the
dredging operations in the Bay, was presented. The Council was addressed
on the subject by Howard Whittaker, J. F. Brown, Theo. W. Snyder, Mrs.
P. L. Bradford and E. H. Day, the latter reading and filing a Resolution
adopted by the Beach Preservation Association of Newport Beach, said
Resolution requesting the Mayor and City Council to take immediate action
to insure the leveling of the sand deposited by the dredgers on the Ocean
Front.
City Engineer Patterson explained at length the plans proposed
to remedy the conditions complained of, and-on motion of Councilman
Claire, seconded by Councilman Ellsworth, the Mayor was authorized to
sign the necessary applications for WPA funds in connection with the
beach work, the motion being carried by the following roll call vote,
to-wit:
' AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
On motion of Councilman Claire, seconded by Councilman Gordon
and carried, the Resolution of the Beach Preservation Association was
ordered filed.
.E. H. Day addressed the Council concerning the construction of
a cement walk to replace the present wooden walk on a certain section of
'the ocean Front, requesting that the Council take the necessary steps
in the matter, and on motion of Councilman Claire, seconded by Councilman
Ellsworth and carried, Mayor Hilmer was authorized to sign the necessary
Applications for WPA funds for the construction of the walk.
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The application of the Union Oil Company for permission to
wholesale petroleum products from Lot 3, Block 9, Section 1, Balboa
Island, was on motion of Councilman Claire, seconded by Councilman
Ellsworth and carried, referred to the Planning Commission and the
Fire Chief for report.
The application of the Union 011 Company for permission to
install a float in connection with the pier fronting on Lot 3, Block
9, Section 1, Balboa Island, was on motion of Councilman Claire,
seconded by Councilman Ellsworth and carried, Laid on the Table pending
action by the U. S. Government in the establishment of revised pierhead
lines, '
The letter of George E. Reed asking for permission to install
a ticket booth on the 19th Street pier, was on motion of Councilman
Claire, seconded by Councilman Gordon and carried, referred to the
Police Committee for investigation. Mr. Reed addressed.the Council
concerning the matter.
The Resolution adopted by the stockholders of the Bay Island
Club, complaining of oil, bilge water, and certain other waste materials
including garbage and untreated dewage, being pumped into the Bay from
yachts moored in the vicinity of Bay Island was read, and on motion of
Councilman Claire, seconded by Councilman Ellsworth and carried, was
referred to the Harbor Master.
The complaint of H. M. Davis of the Corona del Mar Civic
Association in regard to alleged bill board nuisance in that district,
was on motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, referred to the City Attorney for report.as to legality.
The application of Lawrence M. Booth to conduct religious
meetings from the Band Stand at-the foot of 22nd Street in Newport
Beach, was presented, and on a ruling by the City Attorney that an
existing ordinance prohibited such meetings, it was moved by Councilman
Claire, seconded by Councilman Ellsworth and carried, that the applica-
tion be filed. Mr. Booth addressed the Council concerning same.
Robert E. Brown °s letter, in which complaint was made as to
the uncleanliness of the Bay Front Beach in the E1 Bayo Tract, was on
motion of Councilman Claire, seconded by Councilman Gordon and carried,
referred to the Street Superintendent who was directed to endeavor ,
to secure SERA help in the work of cleaning the beach.
The letter of R. P. Lee of the Gilmore Oil Company, complaining
ofthe lack of toilet facilities in the vicinity of 15th Street, was on
motion of Councilman Ellsworth,. seconded by Councilman Claire and carried,
referred to the City Clerk with instructions to advise the writer that
the City could do nothing about the matter at present.
The letter of E. A. Bauer complaining of the condition of the
Bay Front at the north end of Onyx Avenue, Balboa Island, due to the
unloading of boats, cleaning of fish and leaving the beach strewn with
cans and rubbish, and suggesting that posts be set between the sidewalk
and curb at the street ends. in an effort to abate the nuisance, was read.
On motion of Councilman Claire, Seconded by Councilman Ellsworth and
carried, the matter was referred to the Street Superintendent for .
investigation with instructions to set the posts as suggested in order
to protect the frontage from further littering.
The communication of Carrie Small requesting that no posts be
erected on her tidewater lot at 1008 East Surf Avenue, was on motion of
Councilman Claire, seconded by Councilman Ellsworth and carried, referred
to the Street Superintendent.
A letter from F. L. Spielberger, Secretary of the Balboa Yacht
Club, accompanied by a letter to the writer from Charles H. Smith in
which certain suggestions were made in regard to the public landings
and the lack of space for yacht owners, was read. On motion of Council-
man Claire, seconded by Councilman Ellsworth and carried, the communica-
tions were ordered filed.
John M. Foley, representing the May A. Carson Chapter of
the Disabled Veterans of Compton, asked for permission to hold their
annual picnic on the beach in the vicinity of 18th Street, Newport Beach,
on August 18th, and on motion of Councilman Claire, seconded by Councilman
Gordon and carried, the same was granted and the question of the fireworks
display in connection with same was referred to the Fire Chief.
The application of Wm. H. McIntee for permission to install
underground storage tanks for the handling of gasoline, having been
approved by the Fire Chief, was on motion of Councilman Claire, seconded
by Councilman Ellsworth and carried, allowed.
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The application of W. A. Wilges for permission to construct
a pleasure pier fronting on Lot 1312, Tract .907 Lido Isle, hax#ng -been
appx��edrb- #lie- Ci #- #.ng #�, was on motion of Councilman Claire,
seconded by Councilman Gordon and carried.referred.to the City Engineer.
The application of Wm. H. McIntee for permission to construct
a commercial pier fronting on Lot 11, Block 223, Section A, having been
approved by the City Engineer, was on motion of Councilman Claire,
seconded by Councilman Ellsworth and carried, allowed.
The application of Edward J. Liebel to construct a landing
'and float fronting on Lot 2, Block 2, Section 1, Balboa Island, -haN#.og
been , was on
motion of Councilman Claire, seconded by Councilman Ellsworth and carried,
r_.e_f__e_rrt4 to the City Engineer for approval:.
The resignation of F. A, Gayden as a member of the Library
Board was presented, and in connection therewith a communication from
Chloe Lewis Wilson, Secretary of the Library Board advocating the
appointment of citizens to the Library Board instead of those holding
other official positions. On motion of Councilman Claire, seconded by
Councilman Ellsworth and carried, the resignation of F. A. Gayden and
the letter of the Secretary of the Library Board were Laid on the
Table pending appointments by Mayor Hilmer to fill the vacancies on the
Board.
On motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, the suggestion of Chloe Lewis Wilson, Secretary of the
Library Board was confirmed.
The letter of Harbor Paster Bouchey requesting a ruling on
the rights of water front property owners regarding the mooring of
boats, was on motion of Councilman Gordon, seconded by Councilman Claire,
and carried, referred to the City Attorney for report.
The 18tter of Harbor Master Bouchey recommending the enlarge-
ment of the 19th Street pier; the installing of a float at the Fernando
Street pier and the installation of garbage containers at City piers
at certain points on Balboa Island the the Mainland, was on motion of
Councilman Claire, seconded by Councilman Gordon and carried, referred
to the Street Committee,
Fire Chief Crocker's communication in which was recommended
the enactment of an ordinance regulating the use of incinerators within
the City limits and that a new squad car for the use of the Fire and
Life Savings Departments be purchased, was read. On motion of Councilman
Claire, seconded by Councilman Ellsworth and carried, the matter of the
Incinerator Ordinance was referred to the City Attorney; the matter of
the purchase of the new squad car being referred to the Fire Committee.
On motion of Councilman Ellsworth, seconded by Councilman Gordon and
carried, the letter of the Fire Chief was ordered filed.
The applications of Chas. Goldberg, C. N. Bowman, George W.
Crompton, Lew Applegate and Oscar L. Walling for Veteran's Exempt
11censes to peddle fruit and vegetables were read, and the applicants.
having produced the proper credentials in connection therewith, it was
moved by Councilman Gordon, seconded by Councilman Ellsworth and carried,
that the Exempt licenses be issued.
The application of B. E. Keeler for an Exempt license to
peddle jams and other foods, was on motion of Councilman Gordon,
seconded by .Councilman Ellsworth and carried, denied.
The letter of George C. Hiner asking for an extension of
lease for the Live Bait concession on the Newport Pier, was on motion
of Councilman Claire, seconded by Councilman Gordon and carried, allowed
and the City Attorney directed to draw up the necessary resolution and
lease extension.
' UNFINISHED BUSINESS
Tax Ordinance No. 436 came up for final passage, said
ordinance being an urgency measure introduced at a regular meeting of
the City Council held on the let day of July 1935• and it was explained
by the City Attorney that in conformity with the views of the Council
that he had prepared same as an urgency measure, the facts constituting
the urgency were thereupon read to the City Council and after duly
considering the same it was maed by Councilman Claire, seconded by
Councilman Gordon, that the City Council vote on the question of
whether or not an urgency existed and upon roll call tbte'the Council
142
declared that an urgency existed by reason of the facts recited in
said ordinance, by the following vote: , .
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
Noes; Councilmen None.
ABSENT: Councilman-Garfield.
Tax Ordinance No. 436, being an ordinance adding a new section
to Ordinance No. 428 and numbered 28-a was adopted by the following roll
call vote to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmar.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
This being the time -for the opening of bids advertised for
for the purchase of a boat for use in the - Harbor Department, the bid
of the South Coast Boat Building Company, being the only bid received,
was duly opened and read. The bid was submitted covering three types
of boats, all in accordance with the advertised specifications. The
matter was discussed and considered by the Council. Walton Hubbard
of the South Coast Boat Building Company also addressed the Council
concerning the different types of boats on which the bid was submitted.
The bid on the 17' Model 102 Dodge Runabout being the lowest price
bid, was on motion of Councilman Claire, seconded by Councilman Gordon
was accepted by the following roll call vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
NEW BUSINESS
City Attorney Thompson presented a conditional sales contract
between Theodore Robins and the City of Newport Beach for the purchase
of a 1935 Ford Standard Fordor black sedan., for use of' the Police Depart-
ment. The adoption of Resolution:No. 895 confirming said purchase
and contract was moved by Councilman Claire, seconded by Councilman
Ellsworth and passed by the following vote, to -w-it:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmar.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
City Attorney Thompson presented a Conditional Sales Contract
between Theodore Robins and the City of Newport Beach for the purchase
of a 1935 Ford V -8 Pick -up, color red, for use of the Fire and Life
Saving Departments. The adoption of Resolution No. 896 confirming
said purchase and contract was moved by Councilman Claire, seconded by
Councilman Ellsworth-and passed by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
City Attorney Thompson presented a conditional sales contract
between Theodor6 Robins and the City of Newport Beach for the purchase
of a 1935 Ford V -8 Pick -up, color green, for the use of the Electrical
Department. The adoption of Resolution No. 897 confirming said purchase
and contract was moved by Councilman Claire, seconded by Councilman
Gordon and passed by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Councilman Claire moved the adoption of Resolution 898,
being a Resolution providing for the extension of an indenture dated
April 16th, 1934 between the Southern Pacific Company and the City
of Newport Beach to the First day of December 1935, same relating to
the Bridge Underpass at the westerly City limits. The motion was
duly seconded by Councilman Ellsworth and the Resolution adopted by
the following vote, to -wit: I
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
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City Attorney Thompson presented the agreement between F. M.
and Myrtle Strobridge relating to the re- locating of certain setaer mains
in easements granted the City, and on motion of Councilman Gord on,
seconded by Councilman Claire and carried, the same was laid on the table.
The report of the Planning Commission approving the petition
of Ralph P. Maskey for the vacation of a portion of Channel Place in
the Canal Section was read, and on motion of Councilman Claire, seconded
by Councilman Ellsworth and carried, the report was ordered filed.
Councilman Claire moved the adoption of Resolution No. 599,
being a Resolution of the City Council of the City of Newport Beach
approving Map showing portion of Channel Place in the City of Newport
Beach, California, to be closed up and abandoned. The motion was duly
seconded by Councilman Ellsworth and the Resolution passed by the following
vote-, tc -wit:
AYES: Councilmen Gordon,- Claire, Ellsworth, Hilmer.
iiOES: Councilmen None.
ABSENT: Councilman Garfield.
- Councilman Gordon moved the adoption of Resolution No. 9000
being a Resolution of the City Council of the City of Newport Beach
declaring their intention to order the closing up and abandonment of
a portion of a certain street known as lChannel Place' in the City of
Newport Beach, declaring it to be for the public interest and convenience
and fixing the time and place for hearing objections to said proposed
improvement. The motion was duly seconded by Councilman Claire and the
Resolution of Intention passed by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
The monthly demands having been duly audited and approved 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.
ADJOURNkENT
There being no
adjournment on motion of
Ellsworth and carried, to
o'clock noon immediately
Equalization, was taken.
further businessto come before the Council an
Councilman Claire, seconded by Councilman
Saturday the 17th day of August 1935 at 12
following the adjournemtn of the Board of
Councilman