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03/11/1929 - Adjourned Regular Meeting
a as On motion of Councilman Hilmer seconded by Councilman Williamson and carried, the Clerk was instructed to notify the Southern California Edison Company to disconnect the service at the old weather station on Corona Del Mar and render a final bill to.us. The advisability of calling a harbor bond election in the sum of $1651000,00 was considered,and as the Committee recommended employing special legal advice to go over the proceedings with the City Attorney, on motion of councilman Ellsworth seconded by Councilman Claire and carried,the City Attorney was instructed to get prices and report at the next meeting. On motion of Councilman Williamson seconded by Councilman Claire and carried, the demands which are in proper form andapproved by the Finance Committee were allowed and warrants to be drawn for same. This being the time set for opening bids for the present public library site, the Board in open session publicly opened, examined and declared all sealed bids received, there being only one, that of Fred B. iuills in the sum of �2725.0J. After due consideration and no one present offering to bid more, on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the bid was accepted and the Clerk instructed to notify Mr- Mills to place the balance of the purchase price rith the Orange County Title Company of Santa Ana, and we will give him a clear deed subject to unpaid assess- ments, reservations and restrictions of record, possession to be given on or before May 31, 1929' On motion of Councilman Williamson seconded by Councilman Claire and carried, the Chair was instructed to appoint a committee of one to work with the Library Board and H.L. Sherman in getting out Plans and specifications for a new Library building at no expense to the City. Mayor Johnson appointed Councilman Ellsworth on the Committ -_ This being the time set for hearing protests against vacating certain streets on Newport Heights, continued from January 7th and again from Feb. 4th by the La Habra Valley Land & Water Co. and they.. not being ready as yet to go ahead,on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the hearing was postponed to April 1, 1929• There being no further business, on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the meeting adjourned to 7:30 o'clock P. M. on Mondav, March 11,1929. Approved March 11, 1929. City Clerk. City Hall, Newport Beach, March 11,1929. 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 Johnson. ' The roll was called showing the full Council present. The minutes of the previous meeting were read, corrected and approved. The report of City Engineer Patterson and a letter written to Councilman Williamson in regard to the airport landing, were read and considered,and on motion of Councilman Ellsworth seconded by Councilman Claire and carried,the communications were turned over to the Airport Committee for consideration. City Engineer Patterson's report of the estimated cost of the seawall along the Grand Canal, Balboa Island of $16,50 per front foot, was read and considered,and on motion of Councilman Claire seconded.by Councilman Hilmer and carried, the City Engineer was instructed to get out plans and specifications for the seawall in accordance with the woswk asked for in thepetition. 84 r� The report of the City Planning Commission recommending that the application of H M. Wiemers for permission to erect two marine railways in front of Lot 4, Block G, Balboa Bay Front Tract, be not allowed was read, and on motion of Councilman Hilmer seconded by Councilman Claire and carried, the report was approved and filed. On motion of Councilman Claire seconded by Councilman Hilmer and carried,the application of H. M. Wiemers for two marine railways was denied. City Attorney Thompson reported that the boat Muriel could be declared a nuisance and suit brought for its removal. The matter was considered and on motion of CouncilmanEllsworth seconded by Councilman Claire and carried, the boat Muriel was declared a nuisance ' and theCity Attorney was instructed to startproceedings to abate the same. City Attorney Thompson reported that O'Melveny, Tuller & Myers would help in the preparation of the proceedings of the harbor bond election for $330.00 and Orrick, Palmer & Dahlquist of San Francisco would charge $400.00. The matter was considered and on motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the report was laid over to thenext meeting for considera- tion and action. The City Attorney stated there was a clause in the lease with the Balboa Pharmacy covering a 12 x 20 foot strip of city property at Balboa whereby the lease could be terminated at any time the city needed it for their own use. The matter was considered and as the Fire Chief claimed theywere not occupying the property leased, on motion of Councilman Ellsworth seconded by Councilman Williamson and carried, the matter was referred to the City Engineer tocheck upand locate the building as regards the property leased. City Engineer Patterson presented an easement from the Irvine Company to the City of Newport Beach for a right -of -way for street purposes, and Councilman Williamson introduced RESOLUTION NO. 490 as follows: "An Easement and Right -of -way from the Irvine Company a West Virginia Corporation, to the City of Newport Beach, a municipal Corporation of the State of California, dated.April 13, 19262for street purposes over that certain strip of land situate in the County , of Orange, State of California, and more particularly described as follows, to -wit: All that certain piece or parcel of land being a portion of Section 35, Township 6 South,Range 10 West, San Bernar- dino Base and Meridian, described as follows: Beginning at a point, which point is the following courses and distances from the common corner of Sections 26, 272 34 and 35 of the aforesaid Township 6 South, Range 10 West; South 450 41' 20" East, 1063.73 feet; South 710 54' East, 301.57 feet, to the above mentioned point of beginning; thence from said point of beginning North230 57' 30" East, 60.31 feet toa point; thence South 710 54' East, 276.93 feet to apoint; thence South 65o 43' East, 1365.95 feet to a point; thence due South a distance of 60.17 feet to a point; thence North 650 43' 'finest, 1376.16 feet to a point; thence North 710 54' ;"Jest, 290.24 feet to the place of beginning, was presented to the City Council, WHEREUPON,Trustee Williamson made a motion duly seconded by Trustee Ellsworth and Carried, that said Easement and Right -of- way be accepted by the City of Newport Beach, and the Clerk record the same forthwith with the County Recorder of the County of Orange, State of California. That said motion was duly carried by the following vote, to -wit: ' AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson; NOES, Councilmen None; ABSENT, Councilmen None. I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting held on the 11th day of March, 1929, at 7:30 o'clock P. M. ATTEST. (Signed) Alfred Smith, City Clerk City of Newport Beach. 85 A Grant Deed from the Irvine Company to the City of Newport Beach, granting the City certain real property was presented by the City Engineer, and Councilman Ellsworth introduced Resolution No. 491 as follows: "A Grant Deed from The Irvine Company, a West Virginia Corporation, to the City of Newport Beach, a Municipal Corporation of the State of California, dated the 13th day of April, 1925, for and in consideration of the sum of Ten Dollars ($10.00) granting to said City of Newport Beach, the following described real property situate in the County of Orange, State of California, and more particular described as follows, to -wit: Beginning at the intersection of the Southwesterly prolonga- tion of the center line of Irvine Avenue as shown on the map of the First Addition to Newport Heights, recorded in Book 4, page 94 of Miscellaneous Maps,records of Orange County,California, with the United Stated Bulkhead line between United States Stations 129 and 130, as said United States Bulkhead Line and Stations are shown on the Map of Newport Bay showing Harbor Lines approved by the WarDepartment January 18th, 1917, said point of beginning being also located North 110 52' 30" East 1391.56 feet from the corner common to Sections 27, 28, 33 and 34, Township Six (6) South, Range Ten (10) West, S. B. B. & M., running thence fromsaid point of beginning along sa` Bulkhead Line South 610 001 East 2274.91 feet to a point, (said point is North 830 25' 251' East 2291.16 feet from the corner common to said Sections 27, 25, 33 and 34); thence North 290 001 East 632.07 feet to the Southerly line of the California State Highway; thence Westerly along the Southerly line of said California State Highway to its intersection with the South - westerly prolongation of the center line of said Irvine Avenue and thence Southwesterly along the center line of said Irvine Avenue 132.04 feet to the point of beginning, was presented to the City Council, ' WHEREUPON, Trustee Paul B. Ellsworth made a motion dulyy seconded by Trustee Hermann Hilmer and carried, that said Grant Deed be accepted by the City of Newport Beach and the Clerk record the same forthwith with the County Recorder of the County of Orange, State of California. That said motion was duly carried by the following vote, to -wit: AYES: Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. I hereby certify the foregoing to be a true extract from the minutes of the City Council of the City of Newport Beach at a regular meeting held on the 4th day of March, 1929, at the hour of 7:30 o'clock P.M. ATTEST. (Signed) Alfred Smith,City Clerk City of Newport Beach. City Engineer Patterson also presented another grant deed from the Irvine Company to the City of Newport Beach which had been checked, and Councilman Claire introduced Resolution No. 492 as follows "A Grant Deed from The Irvine Company, a West Virginia ' Corporation, to the City of Newport Beach, a Municipal Corporation of the State of California, dated the 13th day of April, 1928, for and in consideration of the sum of Ten Dollars ($10.00), granting to said City of Newport Beach, the following described real property situate in the County of Orange, State of California, and more particulary described as follows, to -wit: All that certain piece or parcel of land being a portion of Section 35, Township 6 South, Range 10 West, SanBernardino Base and Leridian, described as beginning the following courses and distances from the common corner of Sections 26, 2704 and 35 of the aforesaid Township 6 South, Range 10 West; South 450 41' 201' East, 1063.73 feet; South 710 54, East, 301.57 feet to said place of beginning; thence South 710 54' East, a distance of 290.24 feet to a point; thence South 850 43' East, a distance of 1375.16 feet to a point; thence due south 367.01 feet to a point; thence North 350 30' West, 132.77 feet to a point thence North 790 30' West, 425 feet to a point; thence North 740 30' West, 294:34 feet to a point; thence North 820 30' West 301.06 feet to a point; thence South 840 West, 160 feet to a point.; thence South 570 West, 100 feet to a point;thence South 320 52' East, 276.57 feet to a point; thence due West 384.25 feet to a point;thence North 390 48' West, 331.54 feet to a point; thence North 230 57' 3011 East, a distance of 317.57 feet, to the place of beginning, was presented to the .City Council, WHEREUPON, Trustee Lloyd Claire made a motion duly seconded by Trustee Paul B. Ellsworth and carried, that said Grant Deed be accepted by the City of Newport Beach and the Clerk record the same forthwith with the County Recorder of the County of Orange,State of California. That said motion was duly carried by the following vote, to-wit: Johnson. AYES,Councilmen Hilmer, Claire, Ellsworth, Williamson, NOES, Councilmen None. ABSENT, Councilmen None. I hereby certify the the minutes of the City Council regular meeting held on the 4th P. M. ATTEST foregoing to be a true extract from of the Uity of Newport Beach at a day of March, 1929, at 7:30 o'clock (signed) Alfred Smith ,City Clerk ity of Newport Beach n H. L. Sherman presented plans and specifications for a new library building which were considered, and Councilman Hilmer intro- duced a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANS AND SPECIFICATIONS FOR THE ERECTION AND CONSTRUCTION OF A LIBRARY BUILDING IN SAID CITY AND DIRE©TING THE CLERKOF SAID CITY TO PUBLISH A NOTICE INVITING BIDS. The resolution was read, considered, designated RESOLUTION NO. 493 and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, j�'llsworth, Williamson, Johnson. NOES, Councilmen None. Absent, Councilmen None The communications were read and acted upon as follows: On motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the communication from Col. H B. Hersey de- clining to give us information of approaching storms, was filed. The communication from James G. Stafford & Associates giving approximate prices on assessment work was considered,but as the expense was too great on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the communication was filed. On motion of Councilman Claire seconded by Councilman Ellsworth and carried,the communication from W. K. Murphy favoring the harbor bond election was filed. The communication from H. M. Wiemers quoting a price which he would pay for some used raile, ties and timbers near the west jetty,was considered,and on motion of Councilman Ellsworth seconded by Councilman Williamson and carried, the prices named were accepted for such of the material as he desires. The communication from H. L. Sherman, Commander of the American Legion Post asking a refund of taxes levied against the American Legion Hut was considered, and on motion of Councilman Claire seconded by Couxilman Ellsworth and carried, the refund was allowed. The request for dues in the Association of Pacific and Far East Ports whichhad been raised to $25.00 a year was considered, and c� c 0 li on motion of Councilman Ellsworth seconded by Councilman Claire and carried, the Clerk was instructed to ascertain what benefits we would-. derive from such membership. On motion of Councilman Williamson seconded by Councilman Claire and carried, the notice of hearing on the application of the Pacific Telephone & Telegraph Co. foom the 1.7ar Department for March 18th, was filed. On motion of Councilman Claire seconded by Councilman Williamson and carried, the communication from Freeman, Smith & Camp Cc in regard to harbor bonds was filed. ' The report of the City Electrician giving the cost for the cross rows of incandescent lights on Palm Street as $1,383.54 was considered, and on motion of Councilman Ellsworth seconded by Council- man Williamson and carried, the matter was referred tothe light Committee. NEW BUSIC6ESS The matter of making soundings to ascertain the condition of the entrance to the harbor and the need of dredging at this time was considered and on motion of Councilman Claire seconded by Councilman Williamson and carried, the City Engineer was instructed to make soundings at the entrance to the harbor and report, and amended by instructions to submit his findings to the Harbor Committee. There being no further business on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the meeting adjourned to 7:30 o'clock P. M. on Monday,March 18, 1929• ' Approved March 18,.1929 City Clerk. City Hall, Newport Beach, March 18, 1929 The City Council of the City of Newport Beach met in regular adjourned session at 7:3O o'clock p. m. on above date. The meeting was called to order by Mayor Johnson. The roll was called showing the full Council present. The minutes of the previous meeting were read and approved as read. Councilman Hilmer reported on the Palm Street lighting that he was reliably informed that the other strings of incandescent lights in the city were paid for by public subscription, and the Corona Del Mar lights were paid for by assessment against the property, and no part paid out of the city funds. The matter was considered and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the Chair was instructed to appoint a committee to take the ' matter up with the business men on Palm Street and report back to the Board. Councilman Williamson was appointed on the committee. City Engineer Patterson reported that the Balboa Pharmacy garage was off the leased property entirely. The matter was discussed but action was deferred pending receipt of request from them to change the lease to cover the property occupied by the building. The Airport Committee were granted more time to make their report. The communication from the Association of Pacific and Far East Ports in regard to benefits to be derived from membership in the Association was read, and on motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the communication was filed. The communication from the Harbor Committee suggesting taking up with the Board of Engineers as to whether the sheet pile wall would