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HomeMy WebLinkAbout04/02/1928 - Regular Meeting8 City Hall, Newport Beach, March 23, 1928. iV� Pursuant to call thereof by the Mayor of the City of Newport Beach and notice delivered to each member at least three hours before the time specified for the meeting, the City Council met at the place and on the date above mentioned at 7:30 o'clock P. M. Mayor Richter having been called away on motion of Councilman Modjeski seconded by Councilman Young and carried, Councilman William- son was elected Chairman for the evening. The roll was called showing the following members present: ' Councilmen Williamson, Young and Modjeski, Mayor Richter coming back later. The call was read and the Council proceeded to consider the subjects for which the meeting was called. The matter of the license ordinance recently adopted on the different types of boats was taken up, and a number of boat owners present thought the boats should be licenses as a business instead of licensing each boat separately. The-matter was discussed as to the proper rates of license, and Councilman Fred W.Young introduced an ordinance prescribing a license for the operation of certain kinds of boats and prescribing a penalty for all violations thereof. The ordin- ance was read, considered, designated Ordinance No. 340, and on motion of Councilman Young seconded by Councilman Modjeski and carried, the ordinance was passed to the second reading and referred to the City Attorney. The matter of the least of the street ends for ferry landing with J. A. Beek was considered, and City Attorney West read a rider which he had prepared to attach to the lease allowing the City to use the street ends at times for a stipulated sum agreeable to Mr. Beek. The lease was read also and discussed, and on motion of Councilman Young seconded by Councilman Modjeski and carried, the lease was to be entered into and the Mayor and City Clerk were authorized to execute the same. The report of Water Superintendent Cundiff on the sprinkler system for the Park was considered, and on motion of Councilman Mod- jeski seconded by Councilman Young and carried, the communication was , referred back to the Water Supt. to give anestimate of the cost of an adequate sprinkling system for the Park for all labor and material complete and installed.. There being no further business on motion of Councilman Young seconded by Councilman Modjeski and carried, the meeting adjourned. Approved April 2, 1928. City Clerk. / q Mayor, City Jewport Beach. City Hall, Newport Beach, April 21 1928 The City Council of the City of Newport Beach met in regular ' session at 7:30 o'clock P. M. on above date. The meeting was called to order by Mayor Richter. The roll was called showing the full Council present. The minutes of the::previous regular meeting of March 5th were read and approved. The minutes of the special meetings of March 9th and 23rd were read and approved as read. Mayor Richter appointed R. S. Briggs Auditor to check up the books of the Citizen's Harbor Committee on the Request of Mr. Beek. This being the time fixed for opening bids for certain work on certain portions of Goldenrod Avenue within said City of Newport Beach as contemplated by Resolution of Intention No. 450 of this Council, the Council in open session publicly opened, examined and declared all sealed bids received for said work, to -wit: i For reinforced concrete bridge together with cement concrete abut- ments, reinforced concrete columns, cement concrete walls, cement concrete approaches, cement concrete pipe drains and inlets, and all other appurtenances thereto, including grading, (not includ- ing cement concrete foundations support- ing reinforced concrete columns),complete C. P. Lee R. Janich. Weber. $6344.00 $7300.00 For cement concrete foundations sup- porting reinforced concrete columns, per cubic yard in place, complete - - - - - - 17.05 20.00 S. W. E. M. Gleim Funk Proposition No. 1, - - - - - - - - - - $5500.00 $7750.00 No. 2, - - - - - - - - - - 25.00 16.00 Whipple & Secord. $5475.00 15.50 de Waard & Son. $5530.00 20.00 b and thereupon said bids were referred to the City Engineer for checking and report. City Engineer reported on his check of the bids that P. R. Janich was the lowest bidder for the work to be performed under Resolution of Intention No. 450 but their bond did not meet the requirements, and the City Engineer recommended that the contract be awarded fo the next lowest bidder, Lee. R. Weber. Thereupon Councilman L. S. Wilkinson presented and moved the adoption of Resolution No. 455 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING THE CONTRACT FOR CERTAIN WORK ON CERTAIN POR- TIONS OF GOLDENROD AVENUE WITHIN SAID CITY. which motion was seconded by Councilman Young and adopted by the follow- ing vote: AYES, Councilmen Wilkinson, Modjeski, Young, Williamson, Richter. NOES, Councilmen None. ABSENT, Councilmen None. The communications were The communication from their services for detective Councilman Wilkinson seconded communication was referred to report. read and acted upon as follows: the A. J. Kane Detective Agency offering work was considered, and on motion of by Councilman Williamson and carried, the the Chief of Police for consideration and On motion of Councilman Wilkinson seconded by Councilman Young and carried, $50.00 was set aside out of the publicity fund for the Boulder DamAssociation work.- The communication from the Newport Harbor Chamber of Commerce was considered, and on motion of Councilman Williamson seconded by Council- man Young and carried, the recommendation for the signs and the transfer of funds asked for were allowed, and the appropriation of $490.00 for advertising from April 15th to May 15th was allowed. On motion of Councilman Modjeski seconded by Councilman Young and carried, the deed of Harry 0. Thompson and wife to the City of Newport Beach was referred to the City Attorney for investigation and report at the next meeting. On motion of Councilman Wilkinson seconded by Councilman Modjeski and carried, the communication from the Veterans Welfare Bureau in regard to cancelling the second installment of taxes on Lot 43, Block C, Newport Bay Tract, was referred to the City Attorney for investiga- tion and report at the next meeting. The communication from Walter Eastlack asking the transfer of his lease on a place of city property 12x 20 feet near the fire hall at Balboa, was considered, and on motion of Councilman Wilkinson seconded by Councilman Williamson and carried, the transfer was allowed and the City Attorney instructed to draw up the necessarypapers. On motion of Councilman Williamson seconded by Councilman Young and carried, the communication from Lew H. Wallace and the Citizens Bank of Los Angeles in regard to an abandoned street in Seashore Colony Tract, was referred to the City Attorney and City Engineer to investigate and report on at the next meeting. 10 iL .ir On motion of Councilman Williamson seconded by Councilman Young and carried, the communication from Chief of Police Winn in regard to a uniform traffic ordinance was tabled to be taken up later. On motion of Councilman Williamson seconded by Councilman Modjeski and carried, the communication from M. Thomas in regard to j the Metropolitan Water Act, was filed. On motion of Councilman Young seconded by Councilman-Modjeski and carried, the request of the Balboa Beach Amusement Co. for transfer of their dance hall license from Main & Central to their new building, was allowed. On motion of Councilman Modjeski seconded by Councilman Young ' and carried,.the request of Chas. F. Clark for transfer of his Restaur- ant license No. 73 to Steves & Gow, was allowed. On motion of Councilman Modjeski seconded by Councilman Young and carried, the request of Geo. Carandanis for transfer of his lunch stand license to W. I.Smith, was allowed. On motion of Councilman Wilkinson seconded by Councilman Modjeski and carried, the.request of J. R. Mc Kay for transfer of his bathhouse license No. 181 to . E. Mc Farland, was allowed. On motion of Councilman Young seconded by Councilman Modjeski and carried,the application of B. M. Mc Cormack for license to conduct an auto park at 609 East Central, was allowed. On motion of Councilman Young seconded by Councilman Modjeski and carried, the application of Fairy Hanson for a license to conduct a lunch counter, confectionery, etc. in the Rendezvous Dance Hall, was allowed. On motion of Councilman Williamson seconded by Councilman Modjeski and carried, the application of the Balboa BeachAmusement Co-for license to conduct a moving picture house, was allowed. On motion of Councilman Williamson seconded by Councilman Modjeski and carried, the application of Otey & Butterworth for license to conduct a resteraunt was allowed. - On motion of Councilman Modjeski seconded.by Councilman William- son and carried,the application of Finster & Wilson for license to conduct a fountain and tea room in the Rendezvous was allowed. On.motion of Councilman Young seconded by Councilman Modjeski , and carried, the communication from the Southern Pacific Co. granting us a freight rate of.60¢ per ton of rock, was filed. On motion of Councilman Young seconded by Councilman Williamson and carried, the application of D. G. Dare for permission to construct a pier and marine ways on the Storey property, 26th and Bay Front, was allowed subject to the will of the Council. The communication from the Pacific Car Demurrage Bureau of San Francisco asking permission to cancel the average agreement contract No. 3212, was considered, and on motion of Councilman Wilkinson seconded by Councilman Williamson and carried, the Clerk was instructed to.communi- cate with them and state it was agreeable to the Cityto cancel the agreement. The communication from Water Supt. Cundiff reporting his estimate of the cost of a sprinkling system for the park, was discussed, and on motion of Councilman Williamson seconded by Councilman Modjeski and carried, the matter was placed in the hands of.Le Moyne Ellis, Park Supt. and Water Supt. Cundiff to recommend the proper planting for the park and the cost of a sptinkling system for same. The insurance policy presented by Lew H. Wallace for $2000.00 on the City Hall building was discussed, and on motion of Councilman Modjeski seconded by Councilman Williamson and carried, the Clerk was instructed to notify Mr. Wallace to rewrite the policy placing $1000. on the building and $1000.00 an the contents. On motion of Councilman Wilkinson seconded by Councilman William- son and carried the City Engineer was instructed after he had investi- gated the application of E. D. Burge to construct his pier, to turn the application over to the.Planning Commission in time for them to make a report at the next meeting. The request of the Pacific Telephone & Telegraph Co. for permis- sion to lay their cable under ground on the easterly side of Island Avenue, East Newport, was considered, and on motion of Councilman Modjeski seconded by Councilman Young and carried, the clerk was instruc- ted to notify them that the location they desire is impossible on account of the sewer line and a manhole in the way. 11 UNFINISHED BUSINESS. ORDINANCE NO. 340, entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH PRESCRIBING LICENSES FOR THE OPERATION OF CERTAIN KINDS OF BOATS IN THE CITY OF NEWPORT BEACH, PRESCRIBING A PENALTY FOR ALL VIOLA- TIONS THEREOF AND REPEALING SECTION 65 OF ORDINANCE 321 OF THE CITY OF NEWPORT BEACH, AND ALSO REPEALING ORDINANCE NO. 329 of THE SAID CITY OF NEWPORT BEACH, came up for final passage, was read, considered and upon call of the roll passed bythe following vote: AYES, Councilmen Wilkinson, Modjeski, Young, Williamson, Richter. NOES, Councilmen None, ABSENT, Councilmen None. NEW BUSINESS. Councilman Fred W. Young introduced an ordinance entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH DECLARING VACANT FOR PUBLIC STREET PURPOSES A CERTAIN ALLEY IN BLOCK 435 AND BLOCK G OF TRACT 323, CORONA DEL MAR WITHIN SAID CITY. The ordinance was read, considered, designated Ordinance No. 341 and on motion of Councilman Young seconded by Councilman Modjeski and carried the ordinance was passed to the second reading and referred to the City Attorney. A Grant Deed from Fred J.Crosier and Grace B. Crosier for a portion of Lot 22, Block 43.5, Corona Del Mar was presented and on motion of Councilman Modjeski seconded by Councilman Williamson and upon call of the roll duly carried, it was resolved by the City Council of the City of Newport Beach that the hereto annexed Grant Deed, dated March 30, 1928 and the real property therein granted, be and is accepted by the City of Newport Beach the grantee therein, and that a certified copy of this resolution be recorded with said deed. Councilman F. B. Modjeski introduced a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING AND APPROVING THE REPORT OF THE CITY ENGINEER OF SAID CITY AND ORDERING AND DIRECTING SAID ENGINEER TO ' FURNISH THE CITY ATTORNEY OF SAID CITY WITH A DESCRIPTION AND MAPS OF THE LINE OF MEAN HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY, IN ACCORDANCE WITH THE REPORT MADE BY THE SAID CITY ENGINEER TO THE CITY COUNCIL, AND ORDERING AND DIRECTING THE CITY ATTORNEY TO FILE SUCH ACTION OR ACTIONS IN'THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, FOR THE PURPOSE OF DETERMINING SAID MEAN HIGH TIDE VINE THUS OFFICIALLY ESTABLISHING THE BOUNDARY LINE BETWEEN LANDS IN PRIVATE OWNERSHIP AND BETWEEN LANDS IN PUBLIC OWNERSHIP. The Resolution was read, considered, designated RESOLUTION NO. iT�c and upon call of the roll passed by the following vote: AYES, Councilmen Wilkinson, Modjeski, Young, Williamson, Richter. NOES, Councilmen None, ABSENT, Councilman None. This being the hour of 7:30 o'clock P. M. of Monday, April 2, 1928 and the City Council being convened in regular session at the Council Chamber in the City Hall of the City of Newport Beach, that being the date hour and place fixed for the hearing of protests or objections to the formation of Municipal Improvement "District No. 6 of the City of Newport Beach, as provided for in Ordinance of Intention No. 333, proceeded to hear any and all protests and objections filed, and any and all persons appearing to object or protest. No protests or objections were filed and no person appearing to object or did object, therefore the City Council deemed it had acquired jurisdiction to proceed further in accordance with law, and thereupon ordered: that the boundaries of that portion of the City of i4ewport Beach described in the petition and set forth in Ordi' No. 333 of the City of Newport Beach, and proposed to be formed into a municipal improvement district, be and the same are hereby defined and established as the boundaries thereof as follows: Located in the City of Newport Beach, County of Orange, State of California, and beginning at the southeast corner of Lot 28, Block 14 of the Balboa Tract, as per map thereof recorded in Miscellaneous Maps, Book 4, Page 11, Records of Orange County, California; thence northerly in a direct line to the northeast corner of Lot 14, Block 13, of the aforesaid Balboa Tract; thence northwesterly in a direct line to the northwesterly corner of Lot 1, of the last mentioned Block 13; thence northwesterly in a direct line to the northeasterly corner of Lot 7, Block 11 of the aforesaid Balboa Tract;thence northwesterly in a direct line to the north westerly corner of Lot 1 of the last mentioned Block 11; thence north- 12 westerly in a direct line to the northeast corner of Lot, 5, of a Map of Resubdivision of Block 9, Balboa, as per map thereof recorded in Miscellaneous Maps, Book S, Page 372 Records of Orange County, Cali - forni3;thence northwesterly in a direct line to the northwesterly corner of Lot 1, of the aforesaid Map of Resubdivision of Block 9, Balboa; thence northwesterly in a direct line to the northeast corner of Lot 6, Block B of Bayside, as per Map thereof recorded in Miscel- laneous Maps, Book 3, Page 38, Records of Orange County, California'; thence northwesterly in a direct line to the, northwesterly corner of Lot 1, of the aforesaid Block B of Bayside; thence northwesterly in a direct line to a point in the northwesterly line of Palm Street, which point is 135.10 feet northeasterly of the northeasterly line of Bay Avenue, measured along the northwesterly line of said Palm Street; thence northwesterly in a direct line to the most northerly corner of Lot 1, Block 1 of a map of Balboa Bayside Tract, as per map thereof recorded in Miscellaneous Maps, Book 4, Page 78, Records of Orange County, California;thence southerly in a direct line to the north- easterly corner of Lot 17 of a map of Subdivision of Block C, Newport Bay Tract, as per map thereof recorded in Miscellaneous Maps, Book 5, Page 25, Records of Orange County, California; thence northwesterly in a direct line to the most northerly corner of Lot .1 of the aforesaid Map of Subdivision of Block C, Newport Bay Tract; thence southwesterly in a direct line to the southwesterly corner of Lot 69 of the aforesaid map-of Subdivision of Block C, Newport Bay Tract; thence southwesterly in a direct line to the northeast corner of Lot 23, Block 1 of East Newport, as per mapthereof recorded in Miscellaneous Maps, Book 3, Page 37, Records of Orange County, California;thence westerly in a direct line to the northwest corner of Lot 21, of the last mentioned Block 1; thence Southerly in a direct line to the southwest corner of the last mentioned Lot 21; thence southwesterly in a direct line to the northwest corner of Lot 31 Block 11 of the aforesaid Map of East Newport thence southerly in a direct line to the southwest corner of the last mentioned Lot 3; thence easterly in a direct line to the southeast corner of Lot 1 of the last mentioned Block ll;thence southerly in a direct line to the southwest corner of Lot 1, Block 1, of a Map of Newport Bay Tract, as per map thereof recorded in Miscellaneous Maps, Book 4, Page 16, records of Orange County, California; thence southeast- erly in a direct line to the southwest corner of Lot 11, Block 4, of the aforesaid Map of Balboa Tract;thence southeasterly along the north- easterly line of Surf Avenue to the place of beginning. The described district and the territory embraced therein to be known as Municipal Improvement District No. 6 of the City of Newport Beach. Councilman Harry H. Williamson thereupon introduced an Ordinance entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH BY THE CITY COUNCIL AS THE LEGISLATIVE BODY THEREOF DEFINING AND ESTAB- LISHING THE BOUNDARIES OF A MUNICIPAL IMPROVEMENT DISTRICT IN SAID CITY, DESIGNATING THE NAME BY WHICH IT SHALL BE KNOWN AND CALLING AN ELECTION TO BE HELD WITHIN THE DISTRICT AND PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS THEREOF THE PROPOSITION OF INCURRING A DEBT BY THE ISSUANCE OF THE BONDS OF SUCH DISTRICT FOR THE PURPOSES SET FORTH IN ORDINANCE OF INTENTION NO. 333, RECITING THE OBJECTS AND PURPOSES FOR WHICH THE PROPOSED INDEBTEDNESS IS'TO BE IN- CURRED, THE NATURE OF THE IMPROVEMENTS TO BE ACQUIRED AND CONSTRUCTED, THE ESTIMATED COST THEREOF, THE AMOUNT OF THE PRINCIPAL OF THE INDEBTEDNESS TO BE INCURRED THEREFOR AND THE RATE OF INTEREST TO BE PAID ON SAID INDEBTEDNESS, FIXING THE DATE ON WHICH SUCH ELECTION SHALL BE HELD, THE MANNER OF HOLDING THE SAME AND THE MANNER OF VOTING FOR OR AGAINST THE PROPOSITION. The ordinance was read, considered, designated Ordinance No. 342 and on motion of Councilman Young seconded by Councilman Modjeski and carried, the ordinance was passed to the second reading and referred to the City Attorney. Councilman L. S. Wilkinson introduced an ordinance entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH PROHIBITING THE CARRYING OF CONCEALED WEAPONS OR THE DISCHARGE OF FIREARMS WITHIN THE CITY OF NEWPORT BEACH, AND PROVIDING A PENALTY FOR ALL VIOLATIONS THEREOF. The Ordinance was read, considered, designated Ordinance No. 343 and upon motion duly carried was passed to the second reading and re- ferred to the City Attorney. �v -4 Councilman F. B. Modjeski introduced an ordinance entitled: AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. The ordinance was read, considered, designated Ordinance No. 345 and upon motion duly carried was passed to the second reading and ref- -7_; to the City Attorney. On motion of Councilman Wilkinson seconded by Councilman Young and carried, the demands which were in proper shape and approved by the Finance Committee, were allowed and warrants to be drawn for same. On motion of Councilman Wilkinson seconded by Councilman William- son and carried, the demand of L. T. Terry of $132.00 for serving summons in the tideland suits, was allowed and transfer to be made from the unappropriated current expense fund to account No. 332 Misc. to cover the same. On motion of Councilman Wilkinson seconded by Councilman Williamson and carried, the Mayor and City Clerk were authorized to execute the two leases for pipe line crossings with the Southern Pacific Co. and the Pacific Electric Ry. Co. Councilman Wilkinson brought up the matter of our drayage license and just what constituted drayage, which was discussed and on motion of Councilman Young seconded by Councilman Williamson and carried, the matter was referred to the City Attorney to report on at the next meeting. L. F1. Briggs asked if an agreement could not -be effected whereby Tract 802 known as Beek's Island, could not attach to the Balboa Island sewer at a certain price for each connection providing the septic tank would take -care of it. City Engineer Kressly stated the septic tank would have ample capacity and on motion of Councilman Wilkinson seconded by Councilman Modjeski and carried, the agreement asked for was allowed and the City Attorney instructed to draw up the same. This being the time set for opening bids for the lease on the 93 acres of water- bearing land, the Council in open session publicly opened, examined and declared all sealed bids received, which bid was as follows: Jacob Sauder, on 3 year 1e,6s #, - - - - - - - - - - - $1,050.00 ' The bid was thoroughly discussed and on motion of Councilman Williamson seconded by Councilman Modjeski and carried, the bid was accepted, the City At to draw up a new contract and the Mayor and City Clerk were authorized to execute the same upon payment of the back year's rental and one year's rent in advance on the new contract, or a total of $700.00. There being no further business on motion of CouncilmanYoung seconded by Councilman Modjeski andcarried, the meeting adjourned to 7:30 o'clock P. M. on Tuesday, April 10, 1928. Mayo , ity of ewport Beach Approved April 10, 1928. City Clerk. ' City Hall, Newport Beach, April 10, 1928 The City Council of the City of Newport Beach met in regular adjourned session at 7:30 o'clock P. M. on above date. The meeting was called to order by Mayor Conrad Richter. The roll was called showing all members present except Councilman Modjeski. The minutes of the previous meeting were read and approved.