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HomeMy WebLinkAbout06/10/1929 - Adjourned Regular Meeting114 There being no further business, on motion of Councilman Hilmer seconded by Councilman Ellsworth and carried, the meeting adjourned to 7 :30 o'clock P. 14, on Monday, June 10, 1929. Approved June 10, 1929 City Clerk. City Hall, Newport,Beach, June 10, 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 all members present except Councilman Williamson who came in later. The minutes of the previous meeting were read and approved as read. As there were a number of bids to be opened, on motion of Councilman Williamson seconded by Councilman Hilmex aid carried, the regular order of business was dispensed with for the present. This being the time fixed for opening bids for certain work on certain portions of West Promenade and East Promenade of the Grand Canal, in Sections 4 and 5, Balboa Island, within said City Of Newport Beach as contemplated in Resolution. of Intention No. 503 of this Council, the Council in open session publicly opened, examined and declared all sealed bids received for said work, to -wit: For the construction of re- inforced cement con- crete retaining wall including grading, (Not including cement concrete piles) complete as per plans, per lineal foot For Type "A" cement concrete piles in place, per lineal foot - - - - For Type, "B" cement concrete piles in place, per lineal foot - - - - For Type "C" cement concrete piles in place, per lineal foot - - - - For the construction of cement concrete sidewalk including grading, per square foot - - - - - - Robt. A. T. Lee, R. E. M. Metcalf Doran. y7eber Funk 6.00 7.75 16140.00 9.50 3.00 2.75 3.70 2.65 3.00 3.00 4.8.0 2.85 3.00 3.00 4.20 2.75 .12 .20 .20 .165 Fleming Const. Co. 8.75 3.50 4.50 4.00 .24 tti l 115 Oberg R. R. Torson Irvin G. Pan Pac. Bros. Bishop Const. Co. Gordon P & C Co. For the construction of re- inforced cement concrete retaining wall including grading, (not including cement concrete piles) complete as per plans, per lineal foot - - - - 9.40 24900.00 11.20 7.45 11.46 ' For Type "A" cement con- crete piles in place, per lineal foot - 4.50 2.20 3.00 4.75 4.45 For Type "B" cement con- crete piles in place, per lineal foot - - - - 4.50 3.00 7.50 7.60 6.53 For Type "C" cement con- crete piles in place, per lineal foot - - - - 4.50 2.30 3.00 5.50 4.72 For the construction of cement concrete sidewalk including grading, per square foot - - - - - - .20 .17 .16 .60 .198 and thereupon said bids were referred to the City Engineer for checking and report. A bid of John Simpson & Co, having arrived after the first bid had been opened, on- motion of Councilman Claire seconded by Councilman Williamson and carried, the Clerk was instructed to -return the bid unopened to the bidders. The regular order of business was resumed and Councilman Williamson reported for the Airport Committee that they would endorse ' the report of Eddie Martin, that unless additional land could be secured from the Irvine Company, that the present site be dropped as unsuitable. The matter was considered and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the report was accepted and filed and the Committee discharged. Lew H. Wallace stated he had not had a meeting with the other member of the Committee on the Boulder Dam donation, and he was granted additional time to report. Councilman ':'illiamson reported for the Advertising Con*nittee that for certain reasons they would like to have the communication from the Hewport Harbor Publishing Company referred back to the Chamber of Commerce, and on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the Clerk was instructed to refer the communica- tion back to the Chamber of Commerce without recommendation for their consideration. Councilmen Williamson also asked for more time on the a.nn-rgA RP1 of the corner of Cypress and Bay Avenue which was granted. Councilman Hilmer was not ready to report on the increase in Hospital expense and was granted additional time. Councilman Claire was granted more time to make a report on the employment of a playground instructor. The communications were read and acted upon as follows: A petition signed by 50 campers and one signed by 35 merchants and citizens of the City asking that the decision to restrict campers to ' two weeks be rescinded, was considered, and Councilman Ellsworth refiJi }._ that the last lease on the camp ground would expire on July 2nd. The matter was discussed and on motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the petitions were filed. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the application of Frank Y-Gam for license to operate an electric flasher in the Balboa Pavilion, was allowed. On motion of Councilman Claire seconded by Councilman Wi11i. -.:= and carried, the communication from the Santa Ana Post American Legion and B. P. 0. Elks Lodge in regard to Flag Day was filed. 1�6 On motion of Councilman - Claire seconded by Councilman Williamson and carried, the communication from Elloene Aufdenlamp stating that she cannot drive to her home for the sand, was referred to the Street Superintendent to report as to the location of her place The communication from H. Perez protesting against the oil on our beach and asking that a request be made to the Board of Trade for its abatement was considered, and on motion of Councilman Ellsworth seconded by Councilman Claire and carried, the matter .vas referred to the City Attorney to take up-with the proper authorities. UNFINISHED BUSINESS ' The City Council of the City of Newport Beach being duly convened in regular session at the City Hall of said City at the hour of 7 :30 o'clock P. M. of Monday the 10th day of June„ 1929, the date, hour and place fixed by Ordinance No. 360 of said City for the hearing of protests and objections presented in the matter of the formation of Municipal Improvement District No. 7 of the City of Newport Beach. I 14V vy1100011 Yl1 UCbUb buub1ur, 1VLb11 VUJCULl Vllb LV bl1C lu1 --" �(�w tion of the district, to the extent of the district, to the proposed J work or improvement or to•th inclusion certain property within Lh5b1k the distric havin�fi ity Clerk, it appeared to the City C� n t property within the described boundarie'sls6� proposed d strict would be benefitted thereby, and the Council did not deem it proper or advisable to make -My change in the boundaries, but that it had acquired and now possessed juris- diction to proceed further in accordance with the provisiohs of the ,Act under which the ATOCeedinRs were had. councilman Harry h. Williamson thereupon lntraaucea an Ordinance entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH BY THE CITY COUNCIL AS THE LEGISLATIVE BODY THEREOF, DEFINING AND ESTABLISHING 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 IN- ' CURRING A DEBT BY THE ISSUANCE OF THE BONDS OF SUCH DISTRICT FOR THE PURPOSES SET FORTH IN ORDINANCE OF INTENTION NO. 360, RECITING THE OBJECTS AND PURPOSES FOR WHICH THE PROPOSED INDEBTEDNESS IS TO BE INCURRED, 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 SAID PROPOSITION. The Ordinance was read, considered, designated Ordinance No. 362 and on motion of Councilman Williamson seconded by Councilman Ellsworth and carried was passed to the second reading. City Attorney Thompson reported that he had not prepared an amendment to the parking ordinance as instructed at the last meeting as he found there was an amendment which covered the parking in question. Councilman Paul B. Ellsworth introduced a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AS THE LEGISLATIVE BODY THEREOF, APPROVING AND ACCEPTING A CERTAIN INDENTURE OF LEASE DATED THE let DAY OF MAY, 1929, FROM THE PACIFIC ELECTRIC RAILWAY COi:PANY A CORPORATION, TO THE CITY OF NEWPORT BEACH, A MUNICIPAL ' CORPORATION, AND DIRECTING AND AUTHORIZING THE MAYOR OF THE CITY OF NE17PORT BEACH TO SIGN SAID LEASE ON BEHALF OF THE CITY OF NEWPORT BEACH, I -D';�rniv� yr rr�—cz � �-- .,���� BEHI�* ��-m* �* �c n.x�eon�m n�..� AND FURTHER DIRECT - ING AND AUTHORIZING THE CLERK OF SAID CITY TO ATTEST THE SAME. The Resolution was read, considered, designated RESOLUTIOY NO. 510 and upon cdl of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. , C 1.17 City Engineer Patterson reported on the totals of the bids received as follows: Robert Metcalf, - - - - $ 20,280.00 Oberg Bros., - - - - - 31,458.50 A. T. Dolan, - - - - - 24,259.25 R. R. Biship, - - - - 31,524.25 Lee R. Weber, - - - - - 26,445.70 Torson Const. Co., - - 31,725.00 E. M. Funk, - - - - - - 27,287.97 Irvin Geo. Gordon, - - 32,360.05 Fleming Const. Co., - - 28,476.50 Pan - Pacific P & C Co., 35,764.98 The bids were considered and on motion of Councilman Claire seconded by Councilman Williamson and carried, the bids were referred to the City Engineer and City Attorney for checking and report at the next meeting. NET BUSINESS On motion of Councilman Williamson seconded by Councilman and carried, the demand of :ors. Ida P. Naylor, Postmistress, for enve'..c- having been signed and approved by the Finance Committee, was allowed and warrant'to be drawn for same. City Attorney Thompson presented a Resolution calling the Harbor Bond election but Lew H. Wallace stated he was in correspondence with Phil D. Swing along the line of getting Government aid for the harbor if we would change our plans some as regards the dredging. The matter was discussed at some length and on motion of Councilman Ellsworth seconded by Councilman Claire and carried, action was deferred oncalling the election and the matter referred back to the Citizens Committee from rrhom.it originated until we can get further information from Mr. Swing. A Deed of Confirmation -executed by the Title Insurance and Tr -an Company, a corporation, Grantor, to the City of Newport Beach, County of Orange, State of California, relating to those areas indicated or delineated unon the map of Tract 907 as easements to the City of Newport Beach for nublic utility purposes was then presented and considered. After consideration, the following motion was introduced by Trustee Williamson who moved its adoption, to -wit: "WHEREAS, the map of Tract 907, which said tract lies wholly within the limits of the City of Newport Beach, has heretofore been accepted by the City of Newport Beach, and certain offers of dedication were made thereon and thereby, and "WHEREAS, certain areas on the said map were indicated and delineated as easements upon strips and parcels of land delineated on said map and designated thereon f or storm drain and Dublic utility purposes, and "WI-iEREAS, it was the intention of this Board of Trustees at the time said map was accepted to accept the offer of dedication of such easements for public utility purposes, and "RHEREAS, it was the understanding of said Board of Trustees at said time that the said easements were so offered to the City of Newport Beach to be used by the said city for the purpose of construction therein, thereon and thereover of posts, wires, conduits, lamps and other suitable appliances for the purpose of lighting the streets, avenues, lanes, alleys, vias, stradas, and piazzas, places and public ways in the said city, and of pipes, hydrants, meters and other appurtenances for supplying.and distributing a domestic water supply or for giving fire protection, and mains, service pipes, fittings, or other appurtenances f - supplying or distributing a domestic or industrial gas supply, "NOW, THEREVORE, the Deed of Confirmation covering the said matters executed by the Title the owner of said Tract No. ' ity with the understanding o: was offered for dedication, fully accepted, and the said the City Clerk is hereby dir the County Recorder of Orang The motion was sec adopted by the following vot AYES, Councilmen H NOES, Councilman E ABSENT, Councilmen Insurance and Trust Company, a corporation, )07, is hereby accepted as being in conform- this Board at all times since the said ma_o end said offer of dedication is hereby Deed as evidence thereof is accepted, and acted to record the same in the office of County, California ". >nded by Trustee Claire and on roll call was Llmer, Claire, Williamson, Johnson. Llsworth. None. 113 Md Thereupon a Grant Deed executed by Title Insurance and Trust Company, a corporation, conveying to the City of Newport Beach an easement for street purposes, across four certain parcels of land therein specifically described and designated as Parcels A, B, C,-and D•, was presented and considered. After consideration the following motion was introduced by Trustee Williamson who moved its adoption, to -Ivit : "RESOLVED; That the Deed bgaring date June 10th, 1929, executed by Title Insurance and Trust Company, a Corporation, granting . to the City of Newport Beach an easement for street purposes over the four distinct parcels of land designated in said deed as Parcels A, B, C, and D be accepted and the City Clerk be directed to record the , same," Said motion was seconded by Trustee Claire and on roll call was adopted by the following vote: AYES: Councilmen Hilmer, Claire, Williamson, Johnson. NOES: Councilman Ellsworth. ABSENT: Councilmen None. Thereupon a Quit Claim Deed executed by Title Insurance and Trust Company, quitclaiming to the City of Newport Beach all interest in and over certain parcels of the tide lands designated in said Quitclaim Deed as Parcels A, B, C, and D was presented and considered and after consideration the said Deed was accepted on Motion of Trustee Williamson, seconded by Trustee Claire, and the Clerk was directed to record the said Deed, the said motion being adopted by the following vote: AYES: Councilmen Kilmer, Claire, Williamson, Johnson. NOES: Councilman Ellsworth ABSENT: Councilmen None. Thereupon a Quit Cl.+,m deed from Lido Isle Community Asso- ciation, a Corporation, quitclaiming to the City of Newport Beach all its title, interest and estate in and to sixteen (16) separate parcels of land described in the said Deed was presented and con- sidered. After consideration, the following motion was introduced by Trustee Williamson who moved its adoption, to -wit: "WHEREAS, a Quit Claim Deed has been presented by the Lido ' Isle Community Association quitclaiming to the City of Newport Beach all title, interest and estate in and to seventeen (17) several parcels of land and "WHEREAS, it is desired by the said City of Newport Beach to accept the same and use the same as public ways, for street improvements and it is desired that the various several parcels be given names, "NOW, THEREF(M, the said Deed is hereby accepted and the City Clerk is directed to record the same, and the following are hereby established as the several names of the respective parcels enumerated in said Deed, to -wit: Parcel 1 shall be known as Antibes Place; Parcel 2 shall be known as Cordova Place; Parcel 3 shall be known as Eboli Place; Parcel 4 shall be known as West Genoa Place; Parcel 5 shall be known as East Genoa Place; Parcel 6 shall be known as Ithaca -Place; Parcel 7 shall be known as Koron Place; Parcel.8 shall be known as North Promenade; Parcel 9 shall be known as Orvieto Place; Parcel 10 shall be known as San Remo Place; Parcel 11 shall be known as Waziers Place; Parcel 12 shall be known as Zurich Place; Parcel 13 shall be known as Xanthe Place; Parcel 14 shall be known as Trieste Place; Parcel 15 shall be known as Nice Place; that the area embraced within Parcel 16 shall bear the various names of Florence Place, 'Nest Piazza Place, East Piazza Place, Lorco Place and South Promenade, all as particularly shown and delineated on Assessment District Plat No. 363 prepared by the City Engineer and on file in his office; that Lot "N" ' shall be used for the construction of. a sewage pumping plant." Said motion was seconded by Trustee Claire and on roll call was adopted by the following vote: AYES: Councilmen Hilmer, Claire, Williamson, Johnson. NOES: Councilman Ellsworth-. ABSENT: Councilmen None. Pursuant to instructions given by the City Council, the City Engineer presented specifications covering the various classes and types of improvement for the improvement of Via Lido and certain other streets and rights of way in Tract No. 907, known as Lido Isle, and recommended that the specifications as presented be adopted. i 119 Whereupon Councilman Williamson offered Resolution No. 512 approving said specifications and moved its adopt,}on, which motion was duly seconded by Councilman Claire and upon call carried by the following vote: AYES: Councilmen Claire, Williamson, Johnson. NOES: Councilmen Hilmer and Ellsworth. ABSENT: Councilmen None. The said City Engineer jresented a letter from the warren Brothers Company confirming its former license agreement dated January 4, 1929, and on file in the office of the City Clerk, as applying to the specifications adopted this date, and on motion duly made and carried, the Clerk was instructed to attach the sail letter to the said license agreement on file. The said City Engineer presented the license agreement of the Western Lighting Company, dated June 10, 1929, covering King Company's Ferronite Standards and King Luminaire Company's Lantern Lighting Units, and on motion duly made and carried, the said license agreement was accepted and ordered filed in the office of the City Clerk. Pursuant to instructions given, the said City Engineer presented plans, profiles and cross sections for the improvement of Via Lido and certain other streets, easements and rights of way, being Plan No. 356, Sheets 1A, 1B, 1C, and Sheets 2 to 87 inclusive, and Plan No. 361, Sheets 1 to 30 inclusive, and Standard Plans numbered 1,602 to 1044 inclusive and plat No. 363 of the assessment district, and recommended that the said plans and plat be approved. whereupon Councilman Claire moved that said plans and plat be adopted as ore.ser_ted by the City Engineer, which motion was seconded by Councilman Williamson and carried by the following vote: AYES: Councilmen Claire, Williamson, Johnson NOES: Councilmen Hilmer and Ellsworth ABSENT: Councilmen None. Councilman Claire offered and moved the adoption of Resolution No. 513, being a Resolution of Intention in the matter of the improvement of Via Lido and certain other streets, easements and rights of way in the city of Newport Beach, T:;hioh motion was.duly seconded by Councilman Williamson, and upor_, roll call, the said resolution was adopted by the following vote: AYES: Councilmen Claire, Williamson and Johnson NOES: Councilmen Hilmer and Ellsworth ABSENT: Councilmen None. There being no further business on motion of Councilman Claire seconded by Councilman Williamson and carried, the meeting adjourned to 7 :30 o'clock P. M. on lionday, June 17, 1929. Mayor, City qfJ wport Beach Approved June 17, 1929 (v/ >e City Clerk. INSERT FROM PAGE 116: "No written protests setting forth objections to the formation of the district, or to the extent of the said district, or to the proposed improvement or work, or to the proposed acquisition or construction of the pr000sed improvement, or to the inclusion of certain property within the district, having been filed with the City Clerk of the City.of Newport Beach, and no protest whatever, either written or verbal, having been presented to the City Council at said time, or at all, thereupon evidence was duly received from R. L. Patterson, City Engineer of the City of Iiewoort Beach, that the petition filed w1th the City Clerk of the said City of Newport Beach for the formation of said Municipal Improvement District No. 7 contained an accurate description of the exterior boundaries of the proposed district; that the public improvement or work proposed to be acquired and constructed under said petition was a necessary improvement in said district and that the district described in said petition would be benefited by the acquisition and improvement proposed, and that all of the property within said district would be directly benefited by said proposed improvement, and further reported and advised said City Council that said proposed district was all.within the boundaries of the City of Newport Beach, and that the costs of the acquisition and construction and incidental expenses in connection with said acquisition and construction was $36,000.00 and that all of the property within said district would be benefited by said proposed acquisition and construction of said proposed improvement, and it satisfactorily appearing to the City Council after hearing said evidence so given by said City Engineer, the said City Council found that all of the property within the described boundaries of the proposed district would be benefited thereby, and that the proposed district was all within the boundaries of the City of Newport Beach;that the public work and improve- ment to be acquired and constructed was necessary and a benefit to said district; that the district to be benefited by said public work and improve- ment to be acquired and constructed, is correctly described in said petition and that the costs of the acquisition and construction and incidental expenses in connection with said acquisition and construction, to -wit: the sum of 'y36,000.00, is not disproportionate to the work and improvement to be done and acquired and that all the property within the boundary lines of said district will be directly benefited by said public work and improvement and the acquisition and construction thereof, and that no one within said district had, either in writing or verbally, protested to said City Council, nor had any protest been filed with the City Clerk or otherwise, to the formation of said district, or to the extent of said district, or to the proposed improvement or work, or to the acquisition or construction of the proposed public improvement, or to the inclusion of his property within said district, and the Council not deeming it proper or advisable to make any change in the proposed boundaries, therefore determined that it had ccquired and possessed jurisdiction to proceed further in accordance with the provisions of the Act under which the proceedings were had."