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HomeMy WebLinkAbout11/04/1935 - Regular Meeting162 Newport Beach, November 4, 1935• The City Council 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 in the Chair. The roll was called showing the full Council present. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the regular order of business was suspended in order to take up the matter of hearing and considering protests in connection with the Balboa Island Seawall. IN THE MATTER OF THE PROPOSED CONSTRUCTION OF CEMENT CONCRETE BULKHEADS, PIERS AND OTHER WORK IN BALBOA ISLAND IN THE CITY OF NEWPORT BEACH, CALIFORNIA. HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSkENT INVESTIGA- TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AS AMENDED. Date: November 4th, 1935• 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 Beach, in accordance with the provisions of the "Special Assessment Investigation, Limitation. and Majority Protest Act of 1931," as amended, to..wit: Monday, the 4th day of. November, 1935, 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 3rd day of October,.1935, he deposited in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner and form required by Section 6 of 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 27 written protests had been filed with him prior to the time set for said hearing, by the following; Daisy L. Selby, Mrs. Weller Noble, Emeline C. Sherman, Mrs. Peary A. Starr, G. A. Van Mourik, Anna May Wig, T. E. Adams, Maude C. Unger, Lucy Ely Halsted, L. A. Moffet, Carl L. Taylor, 0. U. Butler, Kate C. Perkins, Mrs. M. Edith Gardiner, Irven L. Downing, Milo D. Eames, Harry B. Mills, Title Insurance & Trust Co., Ruth Jordan, Paul Van Deusen, Dr. James Decker, K.W. Corporation, C. B. Knickerbocker, W. D. Hemphill, F. P. Trinkaus, and John M. Peirce, and each and every protest so filed was then read, reference I being hereby made to the written protests on file with the Clerk for further particulars. 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. Helen Elder, Lulu B. Sudenga, Clayton Hooker, Winifred E. Thomas, Arthur Bone, and David P. McCracken 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 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. 163 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, the City Council deemed it advisable that a recess be taken for the purpose of checking the protests. Thereupon, the follow- ing motion was made by Councilman Claire: That all written protests be referred to the City Engineer for checking and report, and that further consideration of said matter be taken up later at this meeting. ' Said motion being duly seconded by Councilman Garfield, the same was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. The City Engineer reported upon the written and oral protests heretofore at this meeting presented to the City Council, which said report disclosed the following facts: The total area of the proposed assessment district as determined by the City Council September 30, 1935, exclusive of streets and alleys, is .............................. 3,720,745 sq. ft. The total area represented by written protests filed with the City Clerk up to the hour set for the hearing, November 4, 1935, is ..... ............................... 145,761 sq. ft. The total area represented by this com- putation is equal to 4.00 per cent of the total area of the proposed assessment district. ' The total area represented by oral pro- tests presented to the City Council at the time of the hearing, November 4, 1935, is ..... ............................... 20,555 sq. ft. The total area represented by the last computation is equal to 0.60 per cent of the total area.of.the proposed assess- ment district. After some discussion by the members of the City Council, and considering the report of the City Engineer, Councilman Claire offered and moved the adoption of the following resolution, which motion was seconded by Councilman Gordon, entitled: IN THE MATTER OF THE PROPOSED C0I4STRUCTION OF CEMENT CONCRETE BULKHEADS, PIERS AND OTHER WORK IN BALBOA ISLAND IN THE CITY OF NEWPORT BEACH, CALIFORNIA. WHEREAS, the City Council of the City of Newport Beach, California, did on the 30th day.of September, 1935, 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 193111, as amended, and did on said date fix Monday, the 4th day of November, 1935, 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; A petition presented.by all the property owners.in Block 1, Section 1, Balboa Island, asking that certain changes be made in the existing seawall of that area to conform with the seawall and appurten- ances proposed to be built, and that no increased assessment to be levied by reason thereof, was presented. Dr. H. '9. Seager addressed the Council in connection with the question, urging that the entire seawall should be uniform in construction. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the regular order of business was resumed. 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 COkLITTEES None. REPORTS OF STANDING COUJTTEES None. COkkUNICATIONS The application of H. E. Kendall for permission to construct , a pleasure pier.fronting on Lot 5, Block 2, Section 2 Balboa Island, was on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, referred to the City Engineer for report. The application of Vii. H. Laury for permission to construct a pleasure pier fronting on Lot 51, Tract 907, Lido Isle, was on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, referred to the City Engineer for report. A petition protesting the abandoning of certain streets in the Corona del Mar tract, and bearing in excess of one hundred names of property owners of that district, was presented and read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the 164 e, NOW, THEREFORE, BE IT RESOLVED, 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 twenty- five (25) per cent of the true value of.all the lands within said proposed district to be so assessed, as said true value is defined in said Act. ' (3) That the estimated proposed assessment to be levied for the proposed improvement against certain parcels as shown in said written report, will exceed twenty-five (25)-per cent of the said 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 a portion of the costs and expenses thereof, in the opinion of the said City Council, are able to carry the burden of such proposed estimated assessment by reason of the fact that after the construction of said bulkheads as proposed, the lands in the proposed assessment district will be greatly benefited to the extent that when. the .improvement.of.said.bulkheads is made, the said lands can then be free from the tides or overflow by water. I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof on the.4th day.of November, 1935,.by the following vote, to-wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen Bone. C. L. - --, ity Clerk of the City of Newport Beach, California. ' A petition presented.by all the property owners.in Block 1, Section 1, Balboa Island, asking that certain changes be made in the existing seawall of that area to conform with the seawall and appurten- ances proposed to be built, and that no increased assessment to be levied by reason thereof, was presented. Dr. H. '9. Seager addressed the Council in connection with the question, urging that the entire seawall should be uniform in construction. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the regular order of business was resumed. 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 COkLITTEES None. REPORTS OF STANDING COUJTTEES None. COkkUNICATIONS The application of H. E. Kendall for permission to construct , a pleasure pier.fronting on Lot 5, Block 2, Section 2 Balboa Island, was on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, referred to the City Engineer for report. The application of Vii. H. Laury for permission to construct a pleasure pier fronting on Lot 51, Tract 907, Lido Isle, was on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, referred to the City Engineer for report. A petition protesting the abandoning of certain streets in the Corona del Mar tract, and bearing in excess of one hundred names of property owners of that district, was presented and read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the 1.65 petition was referred to the City Auditor with instructions to determine the area represented by the signers of the petition and if same were property owners. The communication of C. H. Purcell, State Highway Engineer, regarding the allocation of gas tax funds to cities, was read, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the same was ordered filed. The letter of Roscoe R. St. John in praise of the City Camp Ground and the Custodian thereof was read, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, was referred to the ' Camp Ground Custodian. The lettt3:.2.f krs. W. I. Williams, secretary of the City Planning Commisssongt a adoption of a Zoning Plan for the City and recommending dates for hearing on the matter, was read, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the City Clerk was directed to advertise the dates of public hearing for November 14, 1935 and November 29, 1935 The letter of Mrs. W. I. Williams, Secretary of the Corona del Mar Property Owners' Association, thanking the City Council for the assistance rendered that organization in securing approval of U. S. Government in connection with Federal Housing Loans, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, ordered filed. The letter of the Newport Harbor Chamber of Commerce urging that some action be taken to improve the sewage situation at the west end of Newport Harbor, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, Laid on the Table. The communication from the Newport Harbor Chamber of Commerce concerning the adoption of a Harbor Flag accompanied by design suggested for same, was presented, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the matter was Laid on the Table until the next meeting of the Council. The letter of Harry 1ielch, Secretary of the Chamber of Commerce, in regard to the Horseshoe Pitching Tournament of the Mayors of Orange County cities and also a letter from Albert Launer, Secretary ' of the Orange County League of Municipalities, pertaining to the subject, naming the players and dates of their appearance, were presented. On- motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the communications were ordered filed. The communication of Nat H. Neff, County Engineer, regarding the Agreement with the Southern Pacific Company in connection with the underpass at the westerly city limits, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, referred to the City Engineer. The communication from the League of California Municipalities regarding the membership of the City of Newport Beach was read. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Clerk was directed to inform the League that the City of Newport Beach would renew their membership for the calendar year beginning January 1st, 1936. The resignation of Margaret R. Burlingame from the City Library Board was presented, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the resignation was accepted and the City Clerk directed to extend to Mrs. Burlingame the Council's regrets at her resigning and thanks for the service rendered by her while in that capacity. r'ire Chief Crocker's communication recommending that the City Council take such steps as necessary to obtain from the Southern California Edison Company certain pole privileges for the use of communication lines ' when required by the City, was read. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the City Engineer was instructed to procure the information from the Edison Company. A delegation of property owners of the Seashore Colony Tract appeared before the Council, Otto Lomm addressing the Council in regard to the lack of outlet for the canals in that district causing the water to become stagnant and a menace to health it was said; the closing of the canal outlet -was due, it was alleged to the deposit of silt due to the dredging operations. The matter was discussed, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the Mayor appointed a Committee consisting of himself, Councilman Garfield and City Engineer Patterson together with two members of the Seashore Colony delegation to meet.with the Board of Supervisors of Orange County in an effort to work out some plan whereby the condition complained of could be remedied. 166 � UAFINISHED BUSINESS The application of August Hansen for permission to construct commercial ways and pier, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed. The matter of the lease of.the 93 acres of City owned land, having been laid over from a previous meeting, came up for hearing, and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Attorney was instructed to prepare a crop lease for 2 years between the City of Newport Beach and Harry C. Fulton, I the present tenant, and on a basis of one - fourth share of the lima beans accruing to the City. NEW BUSINESS Louis 4. Briggs presented a schedule of marine insurance rates for the boat of the Harbor Department,.and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the Harbor Master was instruc- ted tq have Mr. Briggs prepare a policy in accordance with the rates submitted and present it at the next meeting of the Council. The renewal policy presented by Lew H. Wallace covering insurance on the Newport Heights water tower and tank, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, accepted, the demand for the premium on same allowed and a warrant ordered drawn in payment thereof. The renewal.of the automobile insurance on City owned cars was presented by Lew H Wallace, and on motion of Councilman Garfield, seconded by Councilman Gordon and carried, the policy was accepted, the demand for the premium on same allowed and a warrant ordered drawn in payment thereof. The monthly demands having been duly audited by the Finance Committee, it was moved by Councilman Claire, seconded by Councilman Gordon and carried, the same were allowed and warrants ordered drawn for same. City Attorney Thompson presented for final passage Ordinance , iio. 437, being an Ordinance adding a new ®ection to Ordinance No. 310, said section taking away certain real property from Fire District No. 1 and adding same to Fire District No. 2. The Ordinance was read and considered, the adoption of same being moved by Councilman Claire, duly seconded by Councilman Garfield and passed by the following vote, to-wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. .A Grant Deed dated the 31st day of May, 1935. from Southern Pacific Railroad Company, a corporation, and its Lessee, Southern Pacific Company, a corporation, to City of Newport Beach, a municipal corporation of the State of California, granting, selling, conveying and confirming unto the said City of Newport Beach and to its successors and assigns, forever, all those certain pieces or parcels of land situate, lying and being in the city of Newport Beach, County of Orange, State of California, more particularly described as follows: PARCEL NO. 1 That portion of the 100 foot strip of land as described in the deed from A. J. Crookshank, et al., as Trustees, to Southern Pacific Railroad Company, a corporation, recorded October 14th, 1921, in Book 405, page 250 of Deeds, more particularly described as follows: Beginning at the point of intersection of the westerly line of said 100 foot strip of land with the Easterly prolongation of the , Northerly ]ine of Block 532 of "Canal Section, Newport Beach ", as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, Records of Orange County, California, running thence South 73ol6'10" East along the last mentioned Easterly prolongation a distance of 35.00 feet; thence southerly from a tangent bearing south 3011'52" West along a curve concave to the West said having a radius of 2415.05 feet, an are distance of 303.51 feet to a point of reverse curve 30 feet Westerly of, measured along a radial line from the Easterly line of said 100 foot strip of land; thence southerly along a curve concave to the East concentric with the said Easterly line of said 100 foot strip of land and having a radius of 2844.53 feet, an arc distance of 153.53 feet to an intersection r 167 with the Easterly prolongation of the Northerly line of Lot 5 in Block 432 of said "Canal Section, Newport Beach "; thence South 82 023'30" East along the last mentioned 'Easterly prolongation 30 feet to a point in the Easterly line of said 100 foot strip of land; thence Northerly along said Easterly line on a curve concave to the East and having a radius of 2$14.83 feet, an are distance -of 502.6 feet to a point; - thence North 17 032' East along said easterly line and tangent to last mentioned curve 551.01 feet to an intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay and designated "South line" as established by the decree rendered in the action entitled City of Newport Beach, plaintiff, vs. Southern Pacific Railroad Company, et al., defendants, Case No. 23656, Superior Court of Orange County, California, a certified copy of which decree was recorded September 19th, 1928, in Book 201, page 25 of Official Reoords of Orange County, California; thence South 88 °54'01" West along said South line 105.53 feet to an intersection with the Westerly line of said 100 foot strip of land; thence South.17 032' West along said Westerly line of said 100 foot strip of land 517.29 feet to a point; thence southerly along said Westerly line of said 100 foot strip of land along a curve concave to the East and having a radius of 2914.83 feet, an arc distance of 55.86 feet, to the point of beginning, containing 75,924 square feet, more or less. PARCEL NO. 2. That portion of the 100 foot strip of land as described in the deed from A. J. Crookshank, et al., as Trustees, to Southern Pacific Railroad Company, a corporation, recorded October 14th, 1921, in Book 405, page 250 of Deeds, more particularly described as follows: Beginning at the point of intersection of the Easterly line of said 100 foot strip of land with the Easterly prolongation of the Northerly line of Lot 5 in Block 432 of "Canal Section, Newport Beach ", as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California, running thence Southerly from a tangent bearing South 7018111" West along said Easterly line on a curve concave to the East and having a radius of 2814.83 feet, an arc distance of 964.61 feet to the most Westerly corner of Lot 25 of "Subdivision of Block 227, Section A, Newport Beach ", as shown on a Map recorded in Book 4, -page 36 of Miscellane ©us Maps, Records of Orange County, California; thence South 52 04030" West along the Southwesterly prolongation of the Northwesterly line of said Lot 25, 33.03 feet to a point in a line concentric with and 30 feet Westerly of, measured on a radial line from the Easterly line of said 100 foot strip of land; thence Northerly on a curve concave to the East concentric with said Easterly line of said 100 foot strip of land and having a radius of 2844.83 feet, an arc distance of 985.97 feet to an intersection with the said Easterly prolongation of the - Northerly line of said Lot 5; thence Easterly along said Easterly prolongation 30 feet to the point of beginning, containing 29,296 square feet, more or less. Subject to conditions, restrictions and reservations of record. 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 sane forthwith with the County Recorder of Orange County, 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. I hereby certify that the for the minutes of the City Council of the regular meeting thereof held on the 4y (SEAL) ATTEST: y going is a true extract from qty of Newport Beach at a day of November, 1935. V 168 City Attorney Thompson presented the matter of the Culp condemnation suit, same being in relation to the construction of the overhead crossing at the Arches intersection. On motion of Council- man Gordon, seconded by Councilman Ellsworth and carried, the Mayor was authorized to sign the complaint in connection with the Culp condemnation suit. On motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the Finance Committee and Mayor were authorized to sign a demand and a warrant to be issued for the sum'fixed by the Court in the Culp condemnation suit. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Engineer was instructed to prepare an estimate ' of the costs of certain proposed changes in addition to or ommission from the Balboa Island Seawall project. IN THE MATTER OF THE PROPOSED CONSTRUCTION OF A WOODEN BULKHEAD ADJACENT TO THE EAST- ERLY LINE OF BLOCK P OF TRACT N0. 518 IN THE CITY OF NEWPORT BEACH. HEARING ON PROTESTS UNDER THE "SPECIAL ASSESSMENT INVESTIGA- TION, LIMITATION AND TIAJORITY PROTEST ACT OF 1931,11 AS AMENDED. Date: November 4th, 1935• 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 Beach, in accord- ance with the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," as amended, to-wit: Monday, the 4th day of November, 1R35, 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 3rd day of October, 19350 ' he deposited in the United States mails, with postage prepaid, a notice of the time and place of hearing upon said written report, all in the manner 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. Milton W. Davenport and Brison Wood each reported that they were in favor of the proj.ect, no one else responded. , After some discussion by the members of the City Council, and considering the report of the City Engineer, Councilman Claire offered and moved the adoption of the following resolution, which said motion was seconded by Councilman Gordon and carried by the roll call as shown in said resolution: IN THE MATTER OF THE PROPOSED CONSTRUCTION OF A WOODEN BULK- HEAD ADJACENT TO THE EASTERLY LINE OF BLOCK P OF TRACT N0. 518 IN THE CITY OF NEWPORT BEACH. 169 WHEREAS, the City Council of the City of Newport Beach, California, did on the 30th day of September, 1935, 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 4th day of November, 1935, 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; NOW, THEREFORE, BE IT RESOLVED, 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 showri in said preliminary written report, will exceed twenty-five (25) per cent of the true value of all the lands to be so assessed, as said true value is defined in said Act. (3) That the estimated proposed assessment to be levied for the proposed improvement against each parcel proposed to be assessed therefor, will exceed twenty-five (25) per cent of the said 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 reason of the fact that after said improve- ment is completed as proposed, the use of the lands in the proposed assessment district will be greatly benefited; to the extent that when said improvement is made the said lands can then be utilized for buildings or other improvements. I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof on the 4th day of November, 1935,: by the following vote, to-wit: AYES: Councilmen Gordon, NOES: Councilmen None. ABSENT: Councilmen None. ADJUURIOLENT There it was moved by carried, that an 12, 1935• APP OVED: City Clerk Claire, Ellsworth, Garfield, Hilmer. CITY CLERK OF THE CITY OF NEWPORT BEACH, CALIFORNIA. being no further business to come Councilman Ellsworth, seconded by adjournment be taken to 7:30 P. before the Councilman M. Tuesday, Council, Claire and November Mayor of the City of Newport Beach