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HomeMy WebLinkAbout01/13/1930 - Adjourned Regular Meetingr. 170 City Hall, Newport Beach, January 13, 1930. The City Council of the City of Newport Beach met in regular adjourned session at 7 :30 o'clock P. Y. 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. ' On motion of Councilman Ellsworth seconded by Councilman Williamson and carried, the regular order of business was suspended to take up the opening of bids. This being the time and place fixed pursuant to the NOTICE INVITING BIDS for the construction of two Rubble Mound Groins westerly of the West Jetty and the dredging of the Entrance Channel to Newport Bay in accordance with Resolution No. 566 directing this Notice, the Council in open session publicly opened, examined and declared all sealed bids received which bids were as follows: C 0 N T R A C T 0 R: TOTAL ESTIMATED AMOUNT OF EACH BID: Standard Dredging Company,- - - - - - 136,490.00 San Francisco Bridge Company, - - - - 173,350.00 Reference is hereby made to the bids and to the items numbered 1 and.2 for all details as to the kind and class of work to be done under each of the said items, the said bids being on file in the office of the City Clerk of said City: On motion duly made and carried all bids were referred to the City Engineer for checking and report. The regular order of business was resumed and the report of the Police Committee and Chief of Police recommending that nothing be done in regard to the Wine Tonic ordinance at this time, and that the Dance Halls be allowed to run until 1 o'clock on Saturday nights, was read, and on motion of Councilman Hilmer se=ded by Councilman William- son and carried, the report was accepted and filed. Councilmen Hilmer stated that Fire Chief Crocker had been in communication with Col. H. B. Hershey and he,expressed a willingness for the city to move the signal tower from Corona Del Mar to the West Jetty, and recommended that Col. Hershey be notified officially that the City would do so. The matter was considered and on motion of Councilman Hilmer seconded by CouncilmanWilliamson and carried, the Clerk was instructed to write to Col. Hershey that the City requested that the tower be moved to.a suitable location at the West Jetty, and the city would stand the expense of moving. Councilman Williamson brought up the matter of having a suitable building near the tower for the weather station equipment, and on motion of Councilman Williamson seconded by Councilman Claire and carried, the Chair was intructed to appoint a committee to obtain plans and specifications for such a building. The Committee appointed is Fire Chief Crocker and Fire Committee with the City Engineer. City.Attorney Thompson gave a written report that property belonging to the City located outside the City limits, would have to be annexed by an election as uninhabited territory and not by Ordinance. The matter was considered as regards to the two pieces of property belonging to the City on the north side of the Bay, and on motion of Councilman Williamson seconded by Councilman Claire and carried, the City Attorney was instructed to prepare a petition for annexation of IJ the two pieces on descriptions furnished by the City Engineer,..and the petition to be referred to the Chamber of Commerce for circulation. On motion of Councilman Claire seconded by Councilman Williamson and carried, the report of the City Attorney was accepted and filed. The communication from the 17omans Civic League to the Chamber of Commerce asking an additional donation for a Yard and Garden Contest was considered, and on motion of Councilman Williamson seconded by Councilman Claire and carried, $175.00 was appropriated from the unappropriated advertising fund for the Womans Civic League contest. The regular order of business was again suspended for the report on the bids. 176 ''\ City Engineer Patterson reported that he had tabu- lated the bids for the dredging of the harbor entrance, and construction of two Rubble Mound Groins westerly of the West Jetty, and finds that the bid of the Standard Dredging Company is the lowest regular bid submitted for the said improvement and recommended that their bid be accepted. On motion of Councilman Williamson seconded by Councilman Ells- worth and carried, the recommendation of the City Engineer was accepted and all bids were rejected except the one from the Standard Dredging Company and the contract for doing ' said work and improvement was awarded to the Standard Dredg- ing Company and the City Clerk was instructed to return to the unsuccessful bidders any checks accompanying their bids. The regular order of business was resumed and the communications were read and acted upon as follows: -The communication from Health Officer Dr. Grundy in regard to need of toilet facilities on the beach at Corona Del Mar was considered, and on motion of Councilman William- son seconded by Councilman Claire and carried, the Chair was instructed to appoint a committee to investigate the matter lop3tion and rggpor b $at Ni nxt mee &tJnngg ie Commltte9rbiep ek�f'SN it mTfe's h �dallffl1 @rS�rb J.00 for the Citys team of horses was considered and on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the offer was accepted and the City Attorney instructed to draw up a resolution authorizing the sale. The report of the Chamber of Commerce on their Conference with D. W. Pontius in regard to placing street lights on the Pacific Electric trolley poles from Alvarado to "B" Streets, that they were willing to accept $2.50 per pole per year and recommending its acceptance; also the communication from Mr. Pontius to City Engineer Patterson that they would accept $100 :00 per year for the use of their poles for eights in this district, was considered as to the source of payment for same, and on motion of Councilman Williamson seconded by Councilman Ellsworth and carried, the ' Chair was instructed to appoint a committee to investigate the matter and report. TheGommittee appointed was Councilman Williamson. On motion of Councilman Claire seconded by Councilman Williamson and carried, the request of Berry & Cathorp for transfer of their business license No. 174 to Alice N. Street, was allowed. The communication from J. A. Beek asking permission to dredge an anchorage basin in the easterly portion of the land he has under lease from the city, met with a lengthy discussion, and on motion of Councilman WilliamsDn seconded by Councilman Claire, the request was granted subject to a legal waiver to be prepared by the City Attorney to protect the City in connection with the annexation of the property to the city later on, by the following vote, to -wit: AYES, Councilmen Claire, .Ellsworth, Williamson, Johnson. NOES, Councilman Hilmer. ABSENT, Councilmen None. On motion of CouncilmanClaire seconded by Councilman Williamson and carried, the communication from Mr. Beek was filed. UNFINISHED BUSINESS. ORDINANCE NO. 375, entitled: ' AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS NOS. 34, 38 and 49 OF ORDINANCE NO. 15 OF THE CITY OF NEWPORT BEACH. came up for final passage, was read, considered,.and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmar, Claire, Ellsworth, William- son, Johnson. NOES, Councilmen None. ABSENT,Councilmen None. _J 1.77 ORDINANCE NO. 376, 'entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH REGULATING, THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSTION, 'OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND /OR STRUCTURES IN THE CITY OF NEWPORT BEACH; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; DECLARING AND ESTABLISHING FIRE ZONES; REPEALING ORDINANCE NO. 182 OF THE CITY OF NEWPORT BEACH, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, came up for final passage, was read, considered, and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen-None. ABSENT, Councilmen None. The matter of condemnation of the corner of Cypress and Bay Avenue in Balboa was taken up and considered, and Councilman William- son introduced a Resolution directing the City Attorney to start con- demnation proceedings in the Superior Court of Orange County on same. The Resolution was read, considered, designated RESOLUTION NO. 572 and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. NEW BUSINESS. On motion of Councilman Williamson seconded by Councilman Claire and carried, the demand of Vernon Orr having been signed and approved by the Finance Committee, was allowed and warrant to be drawn for same. The Clerk reported that this was the time and place fixed for the hearing of protests or objections against the work, the district or the grades descri}ied in Resolution of Intention No. 558 in the matter of the improvement of 8hannel Place and certain other streets and alleys in the City of Newport Beach, California, adopted by the City Council of said City on the 16th day of December, 1929, the same being for the grading and construction of a bridge and other improving said Channel Place and certain other streets and alleys in said City. The Clerk also reported that the affidavits of the publica- tion of the Resolution of Intention and of the posting of the Notice of Improvement, as required by law, have been made and are on file in the office of the City Clerk. The Clerk also reported that prior to the adoption of said Resolution of Intention certain property owners within the assessment district to be assessed to pay-the cost and expenses of the said improvement, had filed with him protests against being included in said assessment district, said protests being made by I. E. Harves and others, which were previously ordered "filed by the City Clerk, The Clerk also reported that he had received written protests against the work and against the extent of the assessment district subsequent to the passage of the Resolution of Intention, from W. P. Elliott and others, reference is hereby made to the protests on file in the City Clerk's office for particulars. The Clerk also reported that B. H. Cass and others had filed petitions requesting that the improvement be carried through as per the Resolution of Intention. The Mayor then announced that this was the time and place set for hearing of protests or objections against the proposed work, the assessment district or.the proposed grades, each as set forth in the said Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in the said matter. S. H. Park addressed the Council in support of the protests filed. IWO All protestants having been heard and an opportunity hav- ing been given to all persons desiring to be heard and a full, far and impartial hearing having been granted and the City Council having before it the diagram of the assessment district, and being familiar with the said assessment district, and also having con- sidered all protests filed, whether before or subsequent to the adoption of said resolution of Intention, and having considered the character and nature of the proposed work and the necessity for the same, and having considered the matter as to the area of the property to be assessed for the said improvement represented by the several protestants, Councilman Claire presented the following resolution and moved its adoption. WHEREAS, certain protests having been filed by W. P. Elliott and others protesting against the doing of the work described in Resolution of Intention No. 558 in the matter of the improvement of Channel Place and certain other streets and alleys in said City of Newport Beach, and WHEREAS, the City Council- has carefully considered all protests and objections hnd having considered the area of the district represented by the several protestants; NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objec- tions have been made by the owners of less than one -half of the area of the property to be assessed for the said work and improvement, as set forth'in said Resolution of Intention No. 558, and BE IT FURTHER RESOLVED, that each and all of the' said protests or objections, whether filed prior or subsequent to the adoptim of said Resolution of Intention, be and the same are hereby overruled and denied. Said motion was duly seconded by Councilman Ellsworth and upon roll call the same was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. CouncilmanClaire then offered and moved the adoption of the Resolution Ordering Work No. 573 in the matter of the improve- ment of.Channel Place and certain other streets and alleys in the City of Newport Beach. Which motion was duly seconded by Councilman Ellsworth and upon roll call the same was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. J. A. Beek asked who would be the proper official to supervise his work of dredging, and on motion of CouncilmanClaire seconded by Councilman Williamson and carried, City Engineer Patterson was appointed to inspect and approve the work of Mr. Beek. City Attorney Thompson stated that the Southern Calif- ornia Edison Company asked for a pole line franchise over the City's 93 acres of water bearing land, and presented a form for that purpose. On motion of Councilman Claire seconded by Councilman Williamson, the right -of -way was allowed and the Mayor was author- ized to signthe agreement on behalf of the City of Newport Beach by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Williamson, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. The matter of the deed to the old swimming pool in West Newport offered to the City by the Orange County Improvement Association was again brought up for discussion, and on motion of Councilmen Claire seconded by Councilman Ellsworth and carried, the City Attorney was instructed to get a report from the Orange County Title Company on the title to the property. There being no further business on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the meeting adjourned to 7 :30 o'clock P. M. on Monday, January 20 1930. Approved January 20, 1930C1hl:M�ll