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HomeMy WebLinkAbout09/11/1922 - Adjourned Regular MeetingLp •F. On motion of Trustee L. S. Wilkinson seconded by Trustee Goo. P. Wilson and carried, the matter of insufficient crater supply at the Carip Ground was referred to the Street Committee and I'late-r Superintendent to make any change necessary. On motion of Trustee L. S. Wilkinson seconded by Trustee Conrad Richter and carried, the City Attorney was instructed to make the necessary arrangements with Kr. Liyers for turning over the money and obtaining the deed to the 4 acres of lard at the pumping plant. On motion of Trustee Goo. P. Wilson seconded by Trustee L. S. Wilkinson and carried, the application of Frahk H. Greene for an extension of 90 days in which6to complete the board sidewalk on Ocean ' Avenue eras granted, On motion of Trustee L. S. Vlilkinson seconded by Trustee Conrad Richter and c- rried, the request of City TIarshal Porter for a three weeks vacation from August 51st, .r1 s granted °:ri th pay. On motion-of Trustee L. S. Vilkinson seconded by Trustee Goo. P. Wilson and carried, that the invitation of the City of Palo Alto to attend the convention of the League of California t;unicipalities Sept. 19th to the 23d be ackr_oaledged with thanks, and notify them that rte will endeavor to have a reoresentative present. The communication froY:i the Ilomon's Civic Lo_ -gue in regard to clearin,a up the streets, 'vacant lots, etc. was taken up, and on motion of Trustee Conrad "ichter seconded by Trustee L. S. 49ilkinson and carried, Deputy* i?arshal Welsh was instructed to get a list of the property holders complained of and notify them that a'clean up is in order and if not done they will be dealt :iith accordingly. On motion of Trustee Geo.- P. Wilson .econded by Trustee L. S. Wilkinson and carried, the application of the American Electric Construc- tion Co. for a rririn- license accompanied. by a. Surety Bond approved by the City attorney as to foria eras granted. On motion of Trustee Geo. P. Wilson seconded by Trustee Conrad Richter and carried, the City Engineer was instructed to furnish the City Attorney with the proper data for condciimation of the right -of :gray from the Southern Pacific and Pacific Electric Junction dorm to -ar property at the lower end of the sand split. On motion of Trustee Geo. P. '.'lilson seconded by Trastee Conrad ' Richter and carried, thc.t demands ITo. 501 to 458 inclusive having been signed and approved by the Finance Committee, be allowed and warrants dravm for same. On motion of Trustee Geo. P. 'Rilson seconded by Trustee L. S. Wilkinson and carried, the meeting r.djourned to 7:30 o'clock P. : :, on I °onday, Sept, 11, 1922. Approved, 111112-2. 12 � ere a. ent Board of Tru :toes. Attest: City Clerlc. City Hall, 1Terrport Beach, Sept. 11, 192`:. ' The Board of Trustees of the City of 1owport 3each met in regular adjourned session at 7:30 o'clock P. T.J. on above date. The mectin ;ras called to order by President J. J. Schnitker. The roll was called showin,- the full Board present. ^he minutes of tho previous meetin ; rrerc read c.nd �.pproved. she coimi=ications were read and referred to the proper order of business. �i The Clcrl: stated that this is the time set for hearin -� the appeals of Erma Ii. Tibbct and Jona.thaizv Tibbet, Haud L. Tudor, and I. � S. Stevens filed respectively on the 12th, 14th and 15th days of August, 192 2, frot:i the acts c.nd determination of 'the Superintendent of Streets in "issuin his warrant, assessment, end diagram ana in levying; certain assessments upo! i the proper'. ­.,r of : ^.id appellants _ "or t'r_e im�orovomcnt of l e, portions of Central Avenue r "nd other streets, alleys, � %nd rights -of- vday and property belongin- to the City, by the construction therein of sanitary sewers and aopurtenances as contemplated by and described in Resolution of Intention 1To. 135. iMere?pon the City Attorney asked whether the notice of hearing of said appeals had been published in the manner, and fo-r the time fiequired by lava; and upon it satisfactorily appearin_E; that said notice had been 'so given, the Clerl ,, 'aas instructed to read said appeals. The President then inquired if there vdere any percons present desiring to be heard upon tho appeal of W. E. Stevens, and it appearing that there was no one present desirinr. to be heard thereon, the President requested. r..r -. Paul E. Kressly, -.-rho was present representing; the Street Superintendent; to explain said - .ssessment. The Prosident then inquired vihethcr there yore any persons present des;_ing 'co be Beard upon the appeal of :laud K. Tudor. Where- upon Harry B. Tudor, representing _.aud K. Tur ?or, addressed the Board of Trustees. The President then requested :r. Paul E. Kressly who was present, renresentin• the Street Superintendent, to explain said assessments The President then asked if there were any persons present desirin to be heard upon the c.upeal of Emria. H. Tibbet and Jonathan Tibbet. Whereupon `r. Clyde F7ooduiorth, -.-rho was present reprosenting Enria H. Tibbet and Jonathan Tibbet, addressed the Board of Trustees. lit the conclusion of his ron-_arl<_s, L:r. Henry li, James representin- tho Contractor, stated that he would lilee to be heard by rho Board upon all of said appeals. Whereupon he addressed the said Board. Remarhs viere made and e:cplanations were given by 1. -r. Paul E. Kressly, vPno vras present renresentin; the Street Superintendent upon said assessrients. G'hereunon the President _.s'_red_ if there were any persons present desirinl- to be fu_ -ther heard upoih saic_ c.ppeals, and furchcr remerLs u.ero there- upon made by :r. Clyde Woodworth; after which it appeared thet there sere no other persons desiring to be heard. The President requested an opinion from the City Attorney in regard to the -ri hts, pourers and jurisdiction of the Board in ;he premises; ':hich opinion vm— given by said City Attorney vrho explained at length the jurisdiction and. pourers of the Board. Whereupon tho Board entered at length into a discussion of said _ppec.ls. Durin(s said discussion "r. Harry D. Tudor, repsesentin; cud K. Tudor, st',tod that he desired on behalf of said laud K. Tudor to abandon said a.n'oeal.' After . frill, fair, r, and i:.ip, ^stial heeri n� at rali"ich time . ^and opportunity viczo given :.11 persons desiring% to be heard, r ? ?r1 c.fter due consideration by the Board of Trustees, it '.-ras moved by Trustee ::. C. Sloan seconded by Trustee Goo. P. Wilson thr.t all of the said appeals be overruled and denied: Y11?ich motion alas carried by the follovling vote: Ayes, Trustees J. J. Schnither, 11. C. Sloan, Geo. P. V11 son, Conrad Richter, L. S. 17ilkinson. Noes, Trustees l,ione. Absent, Trustees Eone. It was then suggested by the City Attorney that vote should be had separately upon each .ppeal before the Board. 1711ereupon it was moved by Trustee Conrad Richter seconded by Trustoo Goo. P. Wilson that the appeal of 71. S. Stevens be overruled and denied; which motion vras carried by the foliv.iir_g vote: eyes, Trustees J. J. Schnitizer, H. C. Sloan, Geo. P. Wilson, Conrad Richter, L. S. Willa"nson. sloes, Trustees :.one. Absent, Trustees !!one. It uias then moved by Trustee Geo. P. Wilson seconded. by Trustee i . C. Sloan that the appeal of 1:a-ad K. Tudor be overruled, end denie;i; uhiclh motion via- carried by the fol:L owl ng vote: Ayes, Trustees % J. SchnitL•-cr, 11. C. Sloan. Geo. P. Rilsorn, Conrad Richter, L. S. :7ill:inson. Noes, Trustees Hone. Absent. Trustees None. The follo"dii ?g Resolution was then offered. by Trustee I'. C. Sloan seconded by @�;Astee Geo. P. Wilson: That it is the sense and determination of thhs Board that the diagram of the property affected and benefitted by said seer contains the matters and things provided therefor in the act under vdhich said urorh was done; that the Superin- tendent of Streets of said City of Newport Beach d.id proporly estimate upon the property of the appellants, Erraa 11 Tibbet ^nd Jonathan Tibbot, the benefits :_rising; from said sever, and that tb.e assessments upon the' property of said cppellents are in propor'cion to the benefits to be '77 M received by said property; that it is not true thc.t C. portion of the property of said appellants r:i1J. not be in any nanner bonefitted by said server; that the .ssessment ;;lade to cover the sun due for constructing said server :•vas properly ria.de and in strict accordance with the provisions of the act under-which said rrorh was done and performed; that the warrant, diagram, and assessment were duly recorded in the office of the Superintendent of Streets of said City of ITerrport Beach, in the :fanner and within the time provided by the act under which said work was done and performed; that the Contractors return_ attached to the warrant issued by the Superintendent of Streets was duly returned within 30 days after it was recorded; that said server was not constructed over or throe h property or rights -of -.ray that r;as not o-.med by said City of ITewport Beach; c:nd that said server ryas not constructed over or th_rou-h propor-y oymed by said appellants. YJHE° FORE it is resolved that the said appeal of Emma H. Tibbet and Jonathan Tibbet be and the sa_r!e is hereby overruled and denied. 4`I11-ich resolution was duly adopted by the following vote: Ayes, Trustees J. J. Schnitkor, IT. C. Sloan, Geo. P. Wilson, Conrad Richter, L. S. Wilkinson. Noes, Trustees hone. Absent, Trustees !,!one. City Attorney Biskiop referred to sortie fences on the bay front below Balboa. obst -ucting the free use of the beach, and on motion of Trustee Conrad Richter seconded by Trustee Geo. P. 17ilson and carried, Harbor -.:aster Beek vas instructed to have the fences rorgoved. On motion of Trustee L. S. Wilk!'nson seconded by Trusteo H. C. Sloan and carried, a I.ap of Tract ITo. 323 at Corona Del -1.1ai, coning within the three mile lir'lit of Her;port Beach.; ryas approved On ,:lotion of Trustee Conrad Richter seconded by Trustee Geo. P. Wilson and carried, the request of T. V. Longnlore for transfer of his business license to C. T.T. Keene was granted. On motion of Trustee L. S. Willinson seconded by Trustee Conrad Richter and carried, the report of City Engineer Kbessly on cost of septic tank for Balboa Island eras referred to Lew H. VI --lace to take up with T..r. ' lrvi re . The report of Street Superintendent F. L. Rinehart in regard to incinerators was laid over pending the passage of the Camping Ordinance. On notion of Trustee L. S. Wilkinson seconded by Trustee Geo. P. Wilson and carried, the I:arbor '.=aster was instructed to place such signs as are necessary to keep the Washingrion Street pier clear of boc.ts. On :notion of Trustee Conrad Richter seconded. by Trustee I.E. C. Sloan and carried, the Street Superintendent was instructed to notify the Thomas Haverty Company to -replace the plank broken by them in the Washington Street pier. On motion-of Trustee L. S. Wilkinson seconded by Trustee Geo.P. Wilson and carried, the petition askin.- the conservation of trees on Harding end Adams Stro:ts was referred to the City Engineer to see that steps a-ro taken to preserve the trees Linen the paving is done. On motion of Trustee Conrad Richter seconded by Trustee Geo. P. Wilson and carr_cd, the ulectin adjourned to 7:30 otclock P. :.. on IJonday, Sopt. 18, 1922. Approved zi v( (,4 6q ,— /Prtsident Board of Trustees. Attest: C/ City Clerk.