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HomeMy WebLinkAbout09/07/1931 - Regular Meeting350 On motion of Councilman Hilmer seconded by Councilman Claire and carried, the request of City Engineer Patterson for one weeks vacation was granted. J.K.Smith verbally addressed the Council in regard to the condition of the barge at the Washington Street Wharf and he offered to put a 24$60 ft. barge in place of it if the Council would give him permission-to do so. The matter was discussed and on motion of Council- man Claire seconded by Councilman Garfield and carried, City Engineer Patterson was instructed to investigate Mr. Smith's offer and if he'thought it advisable to have it installed. J.P.Greeley verbally addressed the Council in regard to the grade separation at the Arches, and thought something should be done about it as soon as possible. The matter was discussed for some ' time, but inasmuch as there was a new law making improvement work much more difficult and expensive, no action was taken at this time. There being no further business on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the meeting ad- journed Sine Die. APPROVED, Sept-7, 1931 City Clerk. City Hall, Newport Beach, Sept.7, 1931 The City Council of the City of Newport Beach met in reg- ular session at 7:30 o'clock P.M. on above date. The meeting was called to order by Mayor Johnson. The roll was called showing the full Council $resent. The minutes of the previous meeting of Aug. 24th, were read and approved as read. The reports of the heads of departments were read and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the reports were accepted and filed. Councilman Hilmer reported in regard to the bulkhead between Park and Emerald Avenue, Balboa Island, that he would recommend that no permanent repairs be put in at this time as sooner or later more bulkhead will have to be put in around the Island. Councilman Hilmer was granted additional time to report on the cost of temporary repairs needed for this location. City Engineer Patterson was granted additional time to report on the tree replacement on Corona Del Mar. Councilman Ellsworth was given more time to report onthe advisability of re -zoing Block 15, Balboa East Side addition. Councilman Ellsworth reported that he did not think the J.K.Smith barge would be practical to use at the Washington Street wharf, and there was objection to the barges being anchored in the channel by those in the vicinity. No action was taken in regard to a permit. The c6mmunications were read and acted upon as follows: The Auditors report of R.D.Crenshaw & Co. was read and on ' motion of councilman Hilmer seconded by Councilman Claire and carried, the report was ordered filed, and one copy to be given to the Chairman of the Finance Committee for his purusal. The communication from the N.H.Chamber of Commerce requesting that $100.00 be appropriated from the unappropriated advertising fund towards the expense of the trip of Skipper Bill Lyon of the Newport Harbor Star Fleet to Long Island, New York to compete in races, was con- sidered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the request was granted. On motion of Councilman Hilmer seconded by Councilman Ells- worth and carried, the request of the Chamber of Commerce for transfer of $250.00 from the Natal Day Celebration account to other advertising, entertainments, etc. was granted. 351 On motion of Councilman Garfield seconded by Councilman Claire and carried, the request of Chief of Police Hodgkinson for two weeks vacation commencing Sept.lOth was granted. The request of the Harbor Master asking the Council to suggest to the Board of Supervisors that they pass a harbor regulation Ordinance similar to ours for our Harbor Master to enforce, was con- sidered, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the matter was referred to the City Attorney to take up with the Board of Supervisors. The communication from J.A.Gant, Deputy Tax Collector stating that the assessed valuation of Acquisition and Improvement District No.l including the P.E. right -of -way, was $106,750.00 and the amount of money to be raised was $2135.00 requiring a tax rate of x$2.00 which was not included in the Tax Resolution. On motion of Councilman Gar- field seconded'byCouncilman Claire and carried, the communication was referred to the City Clerk to file for record. A lengthy communication from E.J.Louis objecting to rezoning Block 15, Balboa East Side, was considered, and on motion of Council - man Claire seconded by Councilman Garfield and carried, the communica- tion was referred to the Street Committee along with the petition. A communication from Calvin Brown and Louis Gentle asking to lease some bay frontage just west of the Lido Isle Lease, was considered, and on motion of Councilman Ellsworth seconded by Council- -man Garfield and carried, the matter was referred to the Finance Committee for investigation and report. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the communication from the Monterey Chamber of Commerce calling attention to the hotel facilities for the Convention was filed. The Official call of the convention of the League of California Municipalities to be held at Monterey Sept. 21 to 24th was read, and on motion-of Councilman Ellsworth seconded by Councilman Claire and carried any officials or heads of departments who can arrange to go, as well as any of the Councilmen, were authorized to attend with expenses not to exceed $50.00 each. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the communication from the Building Officials Conference ' urging that our Building Inspector be sent to their Conference at Berkeley October 5th to the 10th, was referred to the Finance Committee. UNFINISHED BUSINESS. The Map of Tract No. 464 laid over from last meeting was again taken up and on motion of Councilman Claire seconded by Councilman Garfield and carried, the approval was denied for the reason that the Council did not approve of abandoning Smeltzer Avenue. On motion of Councilman Garfield seconded by Councilman Hilmar and carried, the City Clerk was instructed to notify the Orange County Planning Commission of the action taken. NEW BUSINESS. MINUTES FOR HEARING IN THE MATTER OF IMPROVEMENT OF SEASHORE DRIVE. The City Clerk reported that this was the time and place fixed for the hearing of protests or objections against the work, the assessment district or grades described in Resolution of Intention No. 702 in the matter of improvement of Seashore Drive and certain othdr streets, and certain property for which an order of immediate possession and use has been granted by the Superior Court of the State of California in and for the County of Orange, in the City of Newport Beach, California, adopted by the City Council of the said City on the 12th day of August, 1931. Reference is hereby made to said Resolution of Intention on file in the office of the City Clerk for a particular description of the work to be done. The Clerk also reported that the affidavit of publication of the Resolution of Intention and of the posting of the Notice of improve- ment as required by law had been made and were on file in the office of the City Clerk. The Clerk also reported that C. W. Anderson and 15 other property owners had filed written protests against the proposed improvement. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the proposed work or against the proposed district or against the proposed grades as set forth in said Resolution of Intention No. 702, and asked if anyone 352 present desired to file any written protests or make any oral objections against the proposed improvement or to the extent of the district to be assessed or to the proposed grades. -No one responded. All protestants having been heard, an oportunity 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 nemessity 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 have been filed by C. W. Anderson and others protesting against the doing of the work described in Resolution of Intention No. 702 in the matter of the improvement of Seashore Drive and certain other streets, and certain property for which an order of immediate possession and use has been granted by the Superior Court of the Stete of California, in and for the County of Orange, in the City of Newport Beach, California, and WHEREAS, the City Council has carefully considered all protests or objections, 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 wo# and improvement as set forth in the said assessment district in the said Resolution of Intention No. 702, and BE IT FURTHER RESOLVED that each and all of 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 the same was adopted by the following vote, to -wit: AYES, Councilmen Kilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Claire then offered and moved the adoption of RESOLUTION ORDERING WORK NO. 704 in the matter of the improvement of Seashore Drive and certain other streets and certain property for which an order of immediate possession and use has been granted by the Superior Court of the State of California, in and for the County of Orange in the City of Newport Beach, which motion was duly seconded by Councilman Garfield and upon roll call the same was adopted by the following vmte, to -wit: AYES, Councilmen Kilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Garfield then offered and moved the adoption of RESOLUTION NO. 705 ordering that the improvement of Seashore Drive and certain other streets and certain property for which an order of immediate possession and use has been granted by the Superior Court of the State of California, in and for the County of Orange, shall be done under the direction of the City Engineer instead of the Superintendent of Streets, which motion was duly seconded by Councilman Claire, and upon roll call the same was adopted by the following vote, to -wit: AYES, Councilmen Kilmer, Claire, Ellsworth, Garfield, Johnson. NOES; Councilmen None. ABSENT, Councilmen None. Councilman Claire introduced a Resolution setting the wage scale for the work to be performed under Resolution of Intention No. 702 for the improvement of Seashore Drive and certain other streets and certain property for which as order of immediate possession and use has been granted by the Superior Court of the State of California, in and for the County of Orange. The Resolution.was read, considered,'designated RESOLUTION NO. 706 and upon call of the roll was passed with changes as suggested, by the following vote, to -wit: AYES, Councilmen Hulmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Garfield introduced a Resolution entitled: 7 351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FIXING THE RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF NEWPORT BEACH WHICH IS TAXABLE THEREIN FOR MUNICIPAL PURPOSES. The Resolution was read., considered, designated RESOLUTION NO. 707 and upon Uall of the roll was passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOEW, Councilmen None. ABSENT, Councilmen None, This being the time and place fixed for opening bids for the live bait concession on the Newport Pier, the Board in open session ' publicly opened, examined and declared all sealed bids received for said license, and the Clerk reported that one bid had been received as follows: Geo. C..Hiner, $3,600.00 for the three j,eax term of license, Councilman Hilmar then introduced a Resolution accepting the bid and awarding the License to Geo. C. Hiner, being the highest and best bid. The Resolution was read, considered, designated RESOLUTION N0. 709 and upon call of the roll was passed by the following vote,to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen Nose. ABSENT, Councilmen None. A communication from R. S. Briggs offering to sell the City at a reasonable price, the title books which he had made while City Treasurer and which contained information necessary to comply with the new State law in regard to street improvement work. The same was considered and on motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the offer was accepted. On motion of Councilman Claire seconded by Councilman Hilmer and_ carried, the demands which were in proper form and signed and approved by the Finance Committee, were allowed and warrants to be drawn for same. A hearing in the matter of the City of Newport Beach vs A. J. ' Borden, who was cited to appear and show cause why his old building in West Newport should not be declared a nuisance, was taken up, and Jos. R.- Marquette, Jr., Attorney for Mr. Borden, presented his case stating on account of the depression Mr. Borden had been out.of work most of the time, and if given a little more time he was quite sure he would be able to get it in presentable shape soon. The matter was discussed and on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the hearing was continued until January 4, 1932 at 7:30 o'clock P. M., to enable Mr. Borden to get the exterior of the building in a satisfactory condition. The matter of @, break in the Laguna Beach City water line and their request that the City of Newport Beach furnish them with water until they can repair the break, was .considered, and on motion of Councilman Garfield seconded by Councilman Claire and carried,.the City Attorney was instructed to prepare an emergency contract with the City of Laguna Beach for watea, and have it ready for the next meeting. There being no further business on motion of Councilman Claire seconded by Councilman Garfield and carried, the meeting adjourned io 7:30 o'clock P. M. on Monday, September 14, 1931. Approved Sept. 14 1931. 1 City Clerx.