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HomeMy WebLinkAbout07/07/1930 - Regular Meeting-924 There being no further business on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the meeting adjourned Sine Die. —M G ✓/� � *dX4,� Mayor,City oJVNt#port Beach. Approved, July 7th; 1930. / City Clerk. City Hall, Newport Beach, July 7, 1930- 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 Johnson. The roll was called showing the full Council present. read.. The minutes of the previous meeting were read and approved as On motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the regular order of business was suspended to take up the hearing in the matter of unpaid assessments in Tract 945. The Clerk notified the Council that this was the time and place fixed for the hearing in the matter of'the list of unpaid assessments filed by the Superintendent of Streets for the improvement of Seville Avenue and other streets in the City of Newport Beach as per Resolution of Intention No. 543. The Clerk also notified the Council that notice of such hearing had been published and posted as required by law and that affidavits of the same were on file in his office. The Clerk reported that no protests had been received. The Mayor then inquired if there were any person or persons present who wished to make objections why bonds should not be issued upon the security of the unpaid assessments. No one responded. Councilman Claire then offered RESOLUTION N0. 614 fixing the un- paid aggregate, determining that bonds should issue and fixing the de- nominations of said bonds and moved its adoption, which motion was duly seconded by Councilman Ellsworth and passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. This being the time set for opening bids for dredging on the northerly and easterly sides of Balboa Island, the Clerk stated he had received one bid from the Newport Beach Boat Builders, Inc., which bid was publicly opened, examined and declared as follows: For the dredging and removal of approximately 6,000 cu. yds. in the channel north of Collins Isle in Newport Bay, and the transportation and depositing of the dredged material all in accordance with Plan No. 377 and the specifications at the following price per cubic yard, - - - - - - - - - - - - -- - - - .25 For the dredging and removal of approximately 21,000 cu. yds. in the channel southeasterly of Balboa Island in Newport Bay, and the transportation and depositing of the dredged material all in accordance with Plan No. 377 and the specifications at the following price per cubic yard, _ - _ - _ - - -.27 On motion of Councilman Claire seconded by Councilman Garfield and carried, the bid was referred to the City Engineer for checking and report. On motion of Councilman Ellsworth seconded by Councilman Gar- field and carried, the regular order of business was resumed. 7W 225 The reports of the heads of the departments were read, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the reports were accepted and filed. City Engineer Patterson reported it would cost approximately 1700.00 to construct a comfort station in connection with the Pacific Electric waiting room at 36th Street. The matter was considered and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the City Engineer was instructed to submit plans to the Pacific Electric Railway Co. for their approval. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the two applications from the Otto G. Vlildey Co. for permittion to construct two piers one at 12th and one at 14th Street ' in Section B, were granted. City Engineer Patterson reported that the total of the bid for dredging was $8,427.75, which was considered and on motion of Council- man Garfield seconded by Councilman Hilmer and carried, the contract was awarded to,the Newport Beach Boat Builders at the price mentioned in their bid. Councilman Hilmer presented the budget of the different departments for the coming year, the total amount of the current ex- pense fund being $181,393. On motion of Councilman Hilmer seconded by Councilman Garfield and carried, the amount budgeted for the current expense fund was approved and the Clerk instructed to publish the same. The total amount budgeted for the water fund was $37,200.00 and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the amount was approved and the Clerk instructed to publish the same. The matter of publication was considered and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the instructions to the Clerk to publish the budgeted amounts in the two previous motions was rescinded. The communications were read and acted upon as follows: The application of Henry S. Green for license to operate three novelty duck machines in drug stores, was considered, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the license was granted. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the application of Geo. K. Noland for license to operate a Tango Game in the Perez Building, was allowed subject to the approval of the Chief of Police. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the application of H. C. Parshall for license to operate a lunch counter and soft drink stand at 109 - 21st Place, having been approved by the Health Officer, was allowed. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the application of firs. Elizabeth W. Routt for license to operate a delicatessen at 123 : 25th Street was allowed subject to the approval of the Health Officer. On motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the application of Guy R. Faulkner for license to operate two Flashers and 1 Tango Game at 204 Main Street, was allo %7 - ed subject to the approval of the Chief of Police. On motion of Councilman Claire seconded by Councilman Garfield and carried, the application of the 0. K. Taxi Co. for license to operate a taxicab at 514 East Surf was allowed. On motion of Councilman Garfield seconded by Councilman Claire and carried, the application of iJ. H. Loth for license to operate a restaurant and sell bakery goods at 301'Palm Street, Balboa, was allot ^_ ed subjedt to the approval of the Health Officer. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the application of R. J. Heimann for license to operate a lunch and soft drink stand-at 1708 East Central Avenue was alloyed providing it is in the business district and approved by the Health Officer. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the application of Eddie K. Akama.tsu for license to operate a Tango Game at 200 Main Street, was allowed subject to the approval of the Chief of Police. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the application of J. Baur for license to operate a soft drink and aeroplane stand at 204 Main Street, was allowed sub- ject to the approval of the Health Officer. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the application of H. R. 'Jill 'en for license to operate a Restaurant at 501 Bay Front, Was allowed subject to the 226 approval of the Health Officer. The communication from Eddie K. Akamatsu stating that he did not have room to operate both the Tango and Bool Game and asking a refund of the license on the Bool Game was considered, and as City Attorney Thompson stated the Board could not refund licenses, on motion of Cnuncilman Claire seconded by Councilman Hilmer and carried, the com- munication was filed. A petition presented by G. 17. Kitzmiller and containing 44 signatures, asking that Balboa Island be given a full tine patrolman during the four summer months at least, was considered, and Council- man Claire Chairman of the Police Committee stated it would require one more patrolman and another automobile. On motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the report was accepted and approved. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the communication from the Chamber of Commerce en- dorsing the City truck license ordinance was filed. The communication from Tars. Aline Heinz and Mr. Barrett pro- testing against a business being conducted adjoining her place which is a residential district, was considered, and on motion of Council- man Claire seconded by Councilman Ellsworth and carried, the matter was referred to the City Attorney for attention. On motion of Councilman Claire seconded by Councilman Ells- worth and carried, the comr,unica.tion from D. C. Rhodes, Field Engineer of the Auto Club of Southern Calif. in regard to their flasher signs, was referred to the Chief of Police for his information. On motion of Councilman Ellsworth seconded by Councilman Hil- mer and carried, the request of the Pacific Enp•ineering & Construction Co. for 30 days extension of time on their contract covering the Central_Avenue Lighting, was granted. The corru.:unication from Building; Inspector Fenelon asking that an examining Bo ,-.rd be appointed for plumbers in accordance with Ordin- ance No. 379 recently adopted, and recommending that J. H. Estus be appointed Master Plumber and W. Strain be appointed Journeyman Plumber on said Board, was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the communication was laid on the table until next meeting. On motion of Councilman Claire seconded by Councilman Hilmer and carried, the communication from Anna G. Bodman in regard to the un- sightly condition of 33rd Street was .referred to the Street Supt. for a report. The communication from Goo. Bauer protesting against the waste water from one of the occupants of the Stone Building, running down 21st Place and Coast Boulevard was considered, and on. motion of Council- man Claire seconded by Councilman Hilmer and carried, the matter was referred to the Chief of Police for action. The communication from H. L. Shermanin regard to storage of the barges used for the Tournament of Lights was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the letter was ordered filed and the Street Supt. instructed to take care of the barges as suggested. A Grant Deed dated the 3rd day of July, 1930, from C. F. Mohler, • single man, of Los Angeles, California, to the City of Newport Beach, • municipal corporation of the County of Orange, State of California, granting to the City of Newport Beach all that certain real property situate in the City of Newport Beach, County of Orange, State of Calif- ornia, and more particularly described as follows, to -wit: Lot No. 73 of Tract No. 948, as per map recorded in Book 30, pages 6 and 7 of Miscellaneous Maps, Records of Orange County. Subject to taxes for the fiscal year 1930 -31 and to assessment for Street Improvement. This conveyance is made upon and subject to the follow- ing restrictions, covenants and conditions subsequent, all of which shall also be treated and construed as covenants running with the land, all of which restrictions, covenants and conditions the Grantee assumes and agrees to perform and abide by, and expressly makes binding upon its successors and assigns, viz: Said property is conveyed to and accepted by the grantee as, and shall be used only as and for, an open public park and for no other-purpose; and no building or buildings or other structure or structures ever shall be, or be permitted to be, placed, erected or maintained thereon, and no article or service ever shall be, or be permitted to be, sold, rented 1 LJ 227 or disposed of on or from said property; and no business, trade or occupation ever shall be, or be permitted to be, conducted-thereon or therefrom. Provided, however, nothing contained herein shall be construed as prohibiting the grantee, its successors or assigns from planting and /or growing on said property plants, trees, lawn, shrubs and /or flowers, and installing and /or maintaining pipes and /or sprinklers for the watering thereof. The breach of any of the restrictions, covenants, and /or conditions herein contained shall cause said property, to- gether with the appurtenances thereto belonging, to be for- feited to and revert to the Grantor, his heirs, successors ' and assigns, each of whom shall have the right to immediate entry upon said property in the event of such breach, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Hermann Hilmer made a motion, duly seconded by Councilman'Paul B. Ellsworth and carried, that said Grant Deed be accepted by said City of Newport Beach, and the Clerk in- structed to record the same forthwith with the County Recorder of the County of Orange, State of California. That said motion was carried by the following vote, to—wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, 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 7th day of July, 1930. (SEAL) ATTEST: Alfred Smith City Clerk — City of Newport Beach A Grant Deed dated the 3rd day of July, 1930, from C. F. Mohler, a single man, of Los Angeles, California, to the City of Newport Beach, a municipal corporation of the.County of Orange, State of California, granting to the City of Newport Beach all that certain real property situate in the City of Newport Beach, County or Orange, State of California, and more particularly desctibed as follows, to —wit: Lot No. 42 of Tract No. 756, as per map recorded in Book 23, pages 7 and S of Miscellaneous Maps, Records of Orange County. Subject to taxes for the fiscal year 1930_1931. This conveyance is made upon and subject to the following restrictions, covenants and conditions subsequent all of which shall also be treated and construed as covenants running with the land, all of which restrictions, covenants and conditions the Grantee assumes and agrees to perform and abide by, and expressly makes binding upon its successors and assigns, viz: Said property is conveyed to and accepted by the grantee as, and shall be used only as and for, a free public bathing beach and for no other purpose; and no building or buildings or other structure or structures ever shall be or be.permitted to be placed, erected or maintained thereon; and no article or service ever shall be, or be permitted to be, sold, rented or disposed of on or from said property; and no business, trade or occupation ever shall be, or be permitted to be, conducted thereon or therefrom. Provided however, nothing contained herein shall be construed as prohibiting the grantee, its successors or assigns from erecting and /or maintaining thereon any groyne reasonably necessary to protect and /or preserve said property or any part thereof from damage or destruction by the waters of the Pacific Oceah. -The breach of any of the restrictions, covenants and /or conditions herein contained shall cause said property, together with the appurtenances thereto belonging, to be 228 forfeited to and revert to the Grantor, his heirs, successors and assigns, each of whom shall have the right to immediate entry upon said property in the event of such breach, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman A. J. Garfield made a motion, duly second- ed by Councilman Hermann Hilmer and carried, that said Grant Deed be accepted by said City of Newport Beach, and the Clerk instructed to record the same forthwith with the County Recorder cf the County of Orange, State of California. That said motion was carried by the following vote, to-wit: AYES, COUNCILMEN:Hilmer, Claire, Ellsworth, Garfield, 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 7th day of July, 1930. (SEAL) ATTEST: Alfred Smith City Clerk _ City of Newport Beach On motion of Councilman Claire seconded by Councilman Garfield and carried, the appointments of additional help in the engineering department by City Engineer Patterson, were approved at the salaries stated in the communication. On motion of Councilman Ellsworth seconded by Councilman Gar' field and carried, the communication from the American Legion Post in regard to the extension of Bay Avenue through their property at East Newport, was referred to the City Attorney for report at the next meeting. On motion of Councilman Garfield seconded by Councilman Ells- worth and carried, the request of Fire Chief Crocker for a raise in salary for the Captain of the Life Guards of 10:00 per month, and a raise for engineers Dickey and Roberds of $5.00 per month each, was allowed. The communication from Fire Chief Crocker suggesting the passage of a Fire Prevention Ordinance of the National Board of Fire Underwriters, and also asking that Ordinance No. 111 be amended, was considered, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the matter was referred to the Fire Committee for a recommendatiohi. The applications from G. M. Whiting, Johnson &.Crary, M. M. Schmidt, and Thomas M. Hynson for permission to construct piers in front of their property, were presented by City Engineer Patterson, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the applications were referred to the City Engineer for the customary 2 weeks. A petition signed by 210 lot owners out of approximately 660 lots, asking for a sewer system on Newport Heights, was presented and discussed, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the City Engineer was instructed to prepare plans and specifications for same. NEW BUSINESS. On motion of Councilman Hilmer seconded by Councilman Garfield and carried, the demands which were in proper form and signed and approved by the Finance Committee, were allowed and warrants -to be drawn for same. City Attorney Thompson presented a copy of a decree of court showing ownership of Lot 22, Block 9, Section 3, and Lot 13, Block 12, Section 1, Balboa Island, vested in Lillian M. Wa.rhurst and Carrie M. Lansdown, and as these lots had been deeded to the city for delinquent taxes, on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the Mayor and Clerk were authorized to issue a Quit -Claim Deed to them upon payment of all back taxes. City Engineer Patterson presented a diagram of the assess°!ent district for the improvement of pain Street and certain other streets and avenues in said City under Resolution of Intention No. 553, and on motion of Councilman Claire seconded-by Councilman Hilmer and carried, the diagram was approved. (�i 229 There being no further business on motion of Councilman Claire seconded by Councilman Hilmer and carried, the meeting adjourn- ed to 7:30 o'clock P. M. on Monday, July 21, 1930. Approved, July 21st, 1930- ' ,City Clerk. City Hall, Newport Beach, July 21, 1930. 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 and approved. City Attorney Thompson reported that the City could extend Bay Avenue through the American Legion property by entering into an agreement satisfactory to the American Legion Post, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the report was accepted. On motion of-Councilman Claire seconded by Councilman Hilmer and carried, the Council as a whole were to meet with the City Attorney ' and draw up an agreement with the American Legion Post for the extension of Bay Avenue through their property. The communications were read and acted upon as follows: A petition with 70 signatures asking that the camp ground rates be put back at the old rate with no time limit, was presented and considered, and on motion of Councilman Claire seconded by Council- man Garfield and carried, the Chair was instructed to appoint a committee of three Councilmen to meet with three signers of the petition to be appointed by E. I. Moore spokesman, and endeavor to work out some solution of the problem. The Councilmen appointed were Hilmer, Chairman, Garfield and Ellsworth. The communication from H. L. Sherman asking the Council to appropriate $500.00 towards the purchase of some reference books for the library to accommodate the students attending the new high school, was considered, and on motion of Councilman Hilmer seconded by Council- man Garfield and carried, a sum not to exceed $500.00 was authorized if necessary to meet the library expenses for the year. The communication from L. S. Wilkinson, Secretary of the Library Board recommending that Mrs. E. Douglas be employed for the 4 extra hours the Library is kept open, was considered, and on motion of Councilman Hilmer seconded by Councilman Claire and carried, Mrs. Douglas was to be employed for 4 hours per day at a salary of $65,00 per month. On motion of Councilman Ellsworth seconded by Councilman Claire and carried, the following applications to construct piers were ' allowed: M. M. Schmidt, Lot 6, Block 4, Section 1, Balboa Island. G. M. Whiting, Lot 13 Bay Island Club., L. H. Johnson and G. B. Crary, Lots 16 & 17, Block 17, Balboa East Side. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the application of Guy R. Faulkner for, license to operate a Flasher game at 204 Main Street, Balboa, was allowed. The application of Guy R. Faulkner for transfer of his Tango Game license to 4 Hinge Pin Alley Games was considered, but being a different style of game, on motion.of Councilman Claire seconded by Councilman Garfield and carried, the application was denied.