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HomeMy WebLinkAbout09/07/1937 - Adjourned Regular MeetingC J.H. Mead Sea -wall Roll call Hearing on Balboa Island Sea -Wall Assessment J. H. Mead of Ruby Street, Balboa Island addressed the Council concerning the newly constructed Seawall. ADJOURNMENT • On motion of Councilman Claire, seconded by Councilman Gordon and ' carried, an adjournment was taken to 7:30 o) clock P. 14. September 7, 1937. counciima , AP ROVED: G ounc it n i y Clerk Co tci man Newport Beach, September 7, 1937• The City Council of the City of Newport Beach met in adjourned regular session in the City Council Chambers, at the City Hall in the City of Newport Beach at 7:30 o'clock P. M. on above date, with Mayor Williamson presiding. The roll was called, the following Councilmen answering present: ' Gordon; Claire, Whitson, Brown, Williamson. Absent, Councilmen None. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDING COMMITTEES None. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the regular order of business was suspended in order to consider the hearing of the assessment in connection with the Balboa Island Seawall continued from the previous meeting. The Clerk advised the Council that this was the time and place fixed for the continued hearing in the matter of the assessment for the construction of cement concrete bulkhead and other work in and around Balboa Island, as comtemplated by Resolution of Intention No. 915, said hearing having been regularly continued from September 6, 1937. The Clerk also advised the Council that he had received certain written appeals or objections and the same had been filed in his office by the following: E. E. Hethcock; Annie P. Adams; M. G. Hathaway; Lucy Ely Halsted; Arthur Bone; Effie B. Geissinger; Los Angeles Athletic Club; Eliza Sweitzer; Gretchen G. Foulkes; H. C. Mower; Helen C. Torre; Frank K. Gould; Jean R. Tillotson; F. P. Brackett; J. Earle Jardine Jr.; J. W. Peterson; R. E. Peterson; F. F. Scribner; E. M. Harvey; J. A. Thomas; Morgan Lupher; M. W. Meyer; Andrew Anderson; Daisy-- L. Selby; Anna May Wig; Carl F. Long; 0. Temple Murphy; James C. Rossback; David L. Scott; Lulu M. Wolcott; Richard F. Dwyer; Earl M. Elson; Mrs. E. Brudin; Ruth 0. Jesberg; Ernest Ross; 0. K. Greens; Dorcas M. Donnelly; and F. G. Robinson. The Mayor then asked if there were any interested persons desiring , to be heard in said matter. Howard IT. Seager, and John H. Dawson each personally appeared before the City Council and offered objections to the confirmation of the assessment. Attention of the Council was called to the fact that certain changes and /or corrections should be made in the assessment, affecting assessments Nos. 897. • All interested persons having been given full oportunity to show cause why said assessment should not be confirmed, and all objections presented having been heard and fully considered, thereupon it was moved by Councilman Whitson that all protests or objections, both written and oral, be and each of the same are overruled and denied, and that the following corrections and /or modifications be made in said assessment, to -wit: That the description of Assessment No. 897 be modified to read Wly z of Lot 35, Block 16, and the amount thereof shall be reduced from $43.10 to $21.55. That a new assessment be added as No. 897 -A described as Ely z of said Lot 35, and that the amount thereof shall be 21.55 And that the Superintendent of Streets be and he is hereby instructed to modify the assessment and diagram in the particulars in this motion provided; which motion was sedonded by Councilman Gordon and carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. The Superintendent of Streets returned the assessment as modified under the direction of the City Council, and the City Council now being ' satisfied with correctness of the assessment as modified under its direction, it was moved by Councilman Whitson, that the assessment, as modified, together with the diagram attached thereto, be confirmed and approved, which motion was seconded by Councilman Gordon and carried by the following vote, to -wit: • AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the regular order of business was resumed. ATTEST: Frank L. Rinehart City Clerk Resolution No. 1197. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN ALLEY IN BLOCK 10, EAST NEWPORT ADDITION, AS SHOWN OI`t MAP RECORDED-IN-BOOK 3, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA: DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED ItvPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF. The City Council of the City of Newport Beach, pursuant to the provisions of an act of the Legislature of the State of California, known as "Street Opening Act of 1889 ", approved March 6th, 1889, and amendments thereto, does resolve and ' declare as follows: Section 1. That the public interest and convenience requires the closing up and abandonment of a certain portion of a certain alley in Block 10, East Newport Addition, as shown on a map recorded in Book 3, page 37 of Miscell- aneous Maps, records of Orange County, California, in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portion of said alley in said City to be closed up and abandoned, to -wit: All that portion of that certain alley 10' in width in Block 10, as shown on a map of East Newport Addition, recorded in Book 3, page 37 of Miscell- aneous Ma =ps, records of Orange County, California, lying easterly of and adjacent to Lot 6 of said Block 10 and extending from the easterly prolongation of the southerly line of said lot 6 to the easterly prolongation of the northerly line of said Lot 6. 29 Roy Stone bill board Wrn.. Y.Harper loading trucks in alley Mayor of San Diego E.H. Day P.Friedlander pier -permit Petitions 'lest Newport Pool Tournament of Lights demand Griffith Co. demand C.H. Hyde ending servic_ League of Municipalities Convention Moving Lido Isle RE office to Scout Base. Resolution No. 1196 Resolution No. 1197 COMMUNICATIONS • The letter of Roy Stone regarding..bill board located in the Corona del Mar district, was on motion of Councilman Claire, seconded by Councilman Whitson ' and carried, referred to the City Attorney. The letter of Wm. Y. Harper complaining of trucks loading and unloading in the alley west of Marine Avenue, thereby causing an alleged nuisance, was read. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the matter was referred to the police committee. The letter of the Mayor of San Diego soliciting the support of the City of Newport Beach in securing the 1938 League of Municipalities convention for San Diego, was read, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, same was referred to Mayor Williamson. The letter of E. H. Day,.agreeing to the removal and abandonment of the non - conforming business, known as "Bob's Boat Shop" by December 1, 1937, was presented and rear, and on motion of Councilman Claire, seconded by Councilman Whitson and carried, same was ordered filed. UNFINISHED BUSINESS C�2 The application of Percy Friedlander for permission to construct a .r pleasure pier fronting on Lot 49, Tract 907, Lido Isle, having been approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed. The alternate petitions pertaining to the Pool in West Newport, were on motion of Councilman Claire, seconded by Councilman Whitson and carried, referred • to the Street Committee with instructions to clean the Pool. NEW BUSINESS On motion of Councilman Claire, seconded by Councilman Whitson and carried, the demand in favor of the Tournament of Lights Association for one ' thousand dollars was allowed, and warrant ordered drawn for same. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the demand of the Griffith Company representing the Federal Grant in connection with the Balboa Island Seawall, was allowed and warrant ordered drawn for same. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the services of C. H. Hyde in connection with delinquent tax matters was terminated as of this date. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the following were authorized to attend the League of Municipalities Convention at San Jose with an allowance of ten dollars each per day: Mayor Williamson, Councilman Gordon, City Attorney Thompson, City Treasurer Gant and CityEngineer Patterson. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Engineer was instructed to move the old Lido Isle real estate office to the Sea Scout base. Resolution No. 1196. A RESOLUTION APPROVING MAP SHOWING A PORTION OF ALLEY IN BLOCK 10, EAST NEWPORT ADDITION IN THE CITY OF NEWPORT BEACH, CALIFORNIA, PROPOSED TO BE CLOSED UP AND ABANDONED. WHEREAS, the City Engineer of the City of Newport Beach has presented to the City Council of the City of Newport Beach a certain map or plat deisgnated L -953 showing a portion of an alley in Block 10, East Newport Addition, as per map of record and on file in Book 3, page 37 of Miscellaneous Maps, records of Orange County, California, which said City Council of the City of Newport Beach proposes to close up and abandon. NOW, THEREFORE, BE IT RESOLVED: That said map be and the same is hereby approved, and the City Clerk of the City of Newport Beach is ordered and directed to file the same in the proceedings for the abandonment of a portion of said alley. ' I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the city of Newport Beach at an adjourned regular meeting thereof held on the 7th day of September, 1937, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. • NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Frank L. Rinehart City Clerk Resolution No. 1197. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDONMENT OF A PORTION OF A CERTAIN ALLEY IN BLOCK 10, EAST NEWPORT ADDITION, AS SHOWN OI`t MAP RECORDED-IN-BOOK 3, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA: DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED ItvPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORK OR IMPROVEMENT AND BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF. The City Council of the City of Newport Beach, pursuant to the provisions of an act of the Legislature of the State of California, known as "Street Opening Act of 1889 ", approved March 6th, 1889, and amendments thereto, does resolve and ' declare as follows: Section 1. That the public interest and convenience requires the closing up and abandonment of a certain portion of a certain alley in Block 10, East Newport Addition, as shown on a map recorded in Book 3, page 37 of Miscell- aneous Maps, records of Orange County, California, in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portion of said alley in said City to be closed up and abandoned, to -wit: All that portion of that certain alley 10' in width in Block 10, as shown on a map of East Newport Addition, recorded in Book 3, page 37 of Miscell- aneous Ma =ps, records of Orange County, California, lying easterly of and adjacent to Lot 6 of said Block 10 and extending from the easterly prolongation of the southerly line of said lot 6 to the easterly prolongation of the northerly line of said Lot 6. 29 Roy Stone bill board Wrn.. Y.Harper loading trucks in alley Mayor of San Diego E.H. Day P.Friedlander pier -permit Petitions 'lest Newport Pool Tournament of Lights demand Griffith Co. demand C.H. Hyde ending servic_ League of Municipalities Convention Moving Lido Isle RE office to Scout Base. Resolution No. 1196 Resolution No. 1197 �0 Public Lia- bility Ins. Claude Pullen bill board Deed from L.P.Sims That portion of said Street to be closed up and abandoned is more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for said closing up and abandonment, by resolution dated the 7th day of September, 1937, and designated Resolution No. 1196. Section 2. That the exterior boundaries of the district or lands to be affected or benefited by said work or improvement and to be assessed to pay the damages, cost and expenses thereof, are particularly described as follows, to -wit: Beginning at the most southerly corner of Block 10, as shown on a map of East Newport Addition, recorded in Book 3, page 37 of Miscellaneous Maps, records of Orange County, California; running thence westerly along the southerly line of said Block 10 to the most westerly corner of said Block 10; thence northerly along the westerly line of said Block 10; to the most northerly corner of said Block 10; thence-easterly along the northerly line of said Block 10 to the most easterly corner of said Block 10; thence southerly along the easterly line of said Block 10 to the point of beginning. Section 3. That the said proposed work or improvement is for the closing up and vacating of a certain portion of an alley in Block 10, as shown upon a map of East Newport Addition recorded in Book 3, page 37 of Miscellaneous Maps, records of Orange.County, California, hereinabove more particularly described, and it appears to the said City Council of the city of Newport Beach that no assessment is necessary. Section 4. That the proceedings for the closing up of the aforesaid portion of an alley in Block 10, East Newport Addition, shall be had and taken under and in accordance with an act of the Legislature of the State of Calif- ornia, designated and known as "An Act to Provide for laying out, opening, extending, widening, straightening or closing up in whole or in part any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose ", approved March 6th, 1589, and amendments thereto. Section 5. The Street Superintendent of the city of Newport Beach shall cause to be conspicuously posted along the line of said contemplated work and improvement and at not more than three hundred (300) feet in distance apart, but not less than three (3) in all, notices of the passage of this resolution, in the form and manner as required by law; and he shall also cause a notice similar in substance, to be published by four (4) successive insertions in the "Newport News ", a semi - weekly newspaper published and circulated and of general circulation in the city of Newport Beach, California, which said newspaper is hereby designated for that purpose by-the said City Council of the city of Newport Beach, containing a statement of the fact of the passage of this resolution of intention, the date hereof, and briefly, describing the work or improvement proposed and referring to this Resolution for further particulars. Section 6. That any person interested, objecting to said work or improvement or to the extent of the district or lands to be affected or benefited by said work or improvement, and to be assessed to pay the cost and expenses thereof, may make written objections to the same, within ten (10) days after the expiration of the time of the publication of said notice mentioned in Section 5 hereof, which objections shall'be delivered to the Clerk of the City Council, who shall endorse thereon the date of its reception by him, and at the next meeting of the City Council, after the expiration of said ten (10) days, lay said objections before said City Council who shall fix a time for hearing said objections, not less than one (1) week thereafter. The City Clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the Post Office of the City of Newport Beach, postage prepaid thereon, addressed to such objector. I hereby certify that the foregoing Resolution was duly and regularly introduced, passed and adopted by the City Council of the city of Newport Beach, at an adjourned regular meeting thereof, held on the 7th day of September, 1937, by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson. NOES: Councilmen None. ABSENT: Councilmen None. ATTEST: Frank L. Rinehart City Clerk The matter of Public Liability Insurance was brought up, the matter being discussed at length by the Council and Lew H. Wallace, and on motion of Councilman Whitson, seconded by Councilman Gordon and carried, the policy was rejected. Claude Pullen addressed the Council concerning bill board signs at Corona del Mar. On motion of Councilman Claire, seconded by Councilman Whitson and carried, the City Treasurer was instructed to request a new deed from L. P. Sims for certain previously deeded property in Corona del Mar, known as Block 330. ADJOURNMENT On motion of Councilman Claire, s conded by Councilman Whitson and carried, an adjournment was taken Sine Die.7„ I A A ROVED: City Clerk • 9 I •