HomeMy WebLinkAbout07/21/1930 - Adjourned Regular Meeting229
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 tors. 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 fRotion.of Councilman Claire seconded by
Councilman Garfield and carried, the application was denied.
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On motion of Councilman Claire seconded by Councilman Garfield
10
and carried, the communication from the Metropolitan Water District
�
calling attention to their next meeting was filed.
A petition signed by 60 residents asking that fireworks be
allowed on the beach July 3, 4 and 5th was considered, and on motion of
Councilman Claire seconded by Councilman Garfield and carried, the
petition was referred to the City Attorney for investigation.
On motion of Councilman Claire seconded by Councilman Ells-
worth and carried, the communication from James Watson in regard to
sleeping rooms and building permits, was referred to the Building In-
spector for reply.
On motion of Councilman Claire seconded by Councilman Hilmer
and carried, the communication from the San Bernardino Chamber of
Commerce inviting the Council to hear Phil D. Swing, was filed.
'
On motion of Councilman Claire seconded by Councilman Hilmer
and carried, the communication from the War Department in regard to
filing objections to the dredging around Balboa Island, was filed.
A communication from the Consolidated Trading Co., Ltd. asking
permission to deposit their dredged material on the Ocean Front at 30th
Street, and the petition signed by 16 property owners on the ocean front
protesting against it, was considered, and on motion of Councilman
Claire seconded by Councilman Hilmer and carried, the matter was laid on
the table until the next meeting.
The communications from 1.7. D. Gilmore and Hattie Claybrook in
regard to the Union Oil Co. trucks spilling gas and oil in the sand mak-
ing a bad fire menace, was considered, and on motion of Councilman Claire
seconded by Councilman Hilmer and carried, the matter was referred to the
Fire Chief for a report at the next meeting.
The request of the Union Oil Co. for a permit to install a motor
and pump together with an underground storage tank at their Marine pier
on Balboa Island, and a representative of the Company left plans of same.
The matter was considered and on motion of Councilman Hilmer seconded by
Councilman Claire and carried, the matter was referred to the Fire Chief
to report on at the next meeting.
On.motion of Councilman Hilmer seconded by Councilman Ellsworth
and carried, the communication from L. S. Wilkinson asking that work be
started towards beautifying Lot E on Newport Heights and that a committee
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of three be appointed to plan same, was considered, and on motion of
Councilman Hilmer seconded by Councilman Ellsworth and carried, the
'
communication was filed for future reference.
The communication from Building Inspector Fenelon asking that an
examining board be appointed as provided in the Plumbing Ordinance
recently adopted, was again considered, and on motion of Councilman Claire
seca!ided by Councilman Garfield and carried, the appointments as mentioned
by the Building Inspector of J. H. Estus, Master Plumber and W.. Strain,
Journeyman Plumber, were approved they to serve without compensation.
On motion of Councilman Hilmer seconded by Councilman Claire and
carried, the resignation of Eugene Fenelon as Building and Plumbing In-
spector, was accepted.
On motion of Councilman Hilmer seconded by Councilman Ellsworth
and carried, the Notice of Hearing from the Railroad Commission orn J. A.
Beek's new ferry boat, was filed.
The communications from 11. J. Wig, F. L. Spielberger, J. A. Beek,
W. K. Murphy, E. Goodell Sherman and H. L. Sherman, protestin- against
the speed boat menace on the bay, were considered, and Mr. Beek and Mr.
Greeley expressed themselves verbally on the matter. After considerable
discussion on motion of Councilman Ellsworth seconded by Councilman Gar-
field and carried, the Harbor Master was instructed to enforce the
Ordinance strictly.
On motion of Councilman Claire seconded by Councilman Ellsworth
and carried, the above corx-unica.tions were filed.
On motion of Councilman Claire seconded by Councilman Ellsworth
and carried, the invitation of the Santa Ana Ch`uber of Commerce to
participate in a parade celebrating the opening of Santa Ana Boulevard,
I
was filed.
NEW BUSINESS
On motion of Councilman Hilmer seconded by Councilman. Garfield
and carried, the salary of the City Attorney was raised to $175.00 per
month.
On motion of Councilman Hilmer seconded by Councilman Claire and
carried, the demand of the Standard Dredging Cb. for $4412.55 and one
from the Southern Counties Gas Co. for $14.92 were allowed and warrants
'to be drawn for same.
On motion of Councilman Hilmer seconded by Councilman Garfield
and carried, the insurance policies of the Hartford Steam Boiler,
Inspection and Insurance Co. numbers 70646 -47 -48-49 & 50 covering the
motors and pumps of the water and sewer departments, were accepted.
On motion of Councilman Hilmer seconded by Councilman Ellsworth
and carried, the demand of 17. L. Jordan covering premiums on the above
policies, was allowed and warrant to be drawn for same.
On motion of Councilman Claire seconded by Councilman Ellsworth
and carried, A. M. Nelson was appointed Building and Plumbing Inspector
at the salary mentioned in Ordinance No. 345, and $25.00 per month
additional for collecting business licenses.
On motion of Councilman Claire seconded by Councilman.Ellsworth
' and carried, the Building Inspector was authorized to purchase a Ford
Light Delivery Truck on contract.
City Attorney Thompson stated that Currie Brothers desired
certain words omitted from the contract as drawn up covering the work
of making a survey and drawing plans for a proper sewage disposal plant
for the City of Newport Beach,and on motion of Councilman Hilmer second-
ed by Councilman Garfield the following minute resolution was adopted
by a roll call as follows, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
MINUTE RESOLUTION
Be it resolved that that part of a certain contract
made and entered into by and between the City of Newport
Beach and C. H. and F. S. Currie, covering work in
connection with a sewage disposal plant for the City of
Newport Beach under the Mattoon Act, described as on the
3rd page and the second paragraph of Section 9 and the
7th line, being the words: "and funds are available for
that purpose urr3er improvement proceedings," be and the
same are hereby ordered stricken from the contract.
' City Attorney Thompson presented an Order directing the City
Engineer to prepare and furnish specifications for Acquisition and
Improvement District No. 1, and on motion of Councilman Claire second-
ed by Councilman Garfield and carried, the Clerk was instructed to
spread same upon the minutes of this meeting as follows:
IN THE LATTER OF ACQJISITION AIM I%PROVEKENT DISTRICT
NO. 1 OF THE CITY OF NEUPORT BEACH, ORANGE COUNTY,
CALIFORNIA:
ORDER DIRECTING CITY ENGINEER TO PREPARE
AND.FURNfiSH SPECIFICATIONS. .
- - ---- 000 ------
WHEREAS, the public interest and necessity requires the
acquisitions and improvements hereinafter set forth.
NOVI, THEREFORE, BE IT RESOLVED: That R. L. Patterson, City
Engineer of the City of Newport Beach is hereby appointed and designat-
ed and directed to prepare and furnish specifications for the proposed
acquisition of a portion of Seashore Drive, lying between 36th Street
and the Westerly boundary line of the City of Newport Beach as hereinafter
described, said specifications to include descriptions of all property
to be acquired, together with a map or plat showing the same, also a
description of the proposed district to be benefitted by said acquisi-
' tion,'and a map or plat thereof showing the same, and containing the
lands to be benefitted in like measure but in a different measure from
those in other zones therein, with a statement as to what percentage
of the sum to be raised each year for the payments on the principal and
interest of the bonds should be raised for each zone, the said district
to be known as Acquisition and Improvement District No. 1 of the City
of Newport Beach.
The following is a description of the property to be ac-
quired, to -wit:
Beginning at a point in the westerly boundary of the
City of Newport Beach, said point being the point of inter -
section of the northeasterly prolongation of the north-
westerly line of Block "N" as laid out and shown upon the
23 2 CC
Map of the Seashore Colony Tract, recorded in Book 7, page
25 of Miscellaneous Maps, Records of Orange County, Calif- -°
ornia, and the southwesterly boundary line of the Pacific
Electric Railway Company's right of way as laid out and
shown on said Map; thence southeasterly along said south-
westerly boundary of the Pacific Electric Railway Company's
right of way as laid out and shown upon said map and as laid
out and shown upon the Map of Ocean Front Tract, recorded
in Book 4, page 12, Miscellaneous Maps, Records of Orange
County, California, and as laid out and shown upon the
Map.of Third Addition to Newport Beach, recorded in Book 3,
page 31, Miscellaneous Maps, Records of above mentioned
County and State, and as laid out and shown upon the Map of '
Newport Beach recorded in Book 3, page 26, Miscellaneous
Maps, Records of said County and State to a point, said
point being the point of intersection of the northeasterly
prolongation of the northwesterly lire of 36th Street, as
laid out and shown upon said Map of Newport Beach, and the
said southwesterly boundary of the Pacific Electric Railway,
Company's right of way; thence northeasterly along last men-
tioned northeasterly prolongation a distance of 20.02 feet
to a point, said point being the point of intersection of
said northeasterly prolorg ation and a line 20 feet distant
from and parallel to said southwesterly boundary of the
Pacific Electric Railway Company's right of way; thence
northwesterly along said parallel line to its intersection
with the northeasterly prolongation of the northwesterly line
of Orange Street, as laid out and shown upon said Map of Sea-
shore Colony Tract; thence southwesterly along said north-
easterly prolongation a distance of 10 feet; thence north-
westerly along a line 10 feet distant from and parallel to
said southwesterly boundary to its intersection with the north-
easterly prolongation of the northwesterly line of Block "N"
as laid out and shown upon said Map of Seashore Colony Tract;
thence southwesterly along the last mentioned northeasterly
prolongation a distance of 10.00 feet to the point of
beginning.
The City Attorney also presented an Order directing the prepara-
tion of specifications for Acquisitiori and Improvement District No. 2,
and on motion of Councilman Claire seconded by Councilman Hilmar and
carried, the Clerk was instructed to spread same upon the minutes of this
sheeting.
IN THE MATTER OF ACQUISITION AND IYYROVEMENT DISTRICT
NO. 2 OF THE CITY OF NEWPORT BEACH.
ORDER DIRECTING PREPARATION OF SPECIFICATIONS.
WHEREAS, the public interest and necessity required acquisitions
and improvements hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED: That C. F. Currie and F. S.
Currie, competent engineers having their principal place of business at
and inithe City of San Bernardino, County of San Bernardino, State of
California, are hereby. appointed and designated to prepare and furnish
specifications at the compensation heretofore fixed by this Board by
contract with the said C. F. Currie and F. S. Currie, dated the 14th
day of April,1930 and on file in the office of the City Clerk of the
City of Newport Beach, reference being made thereto for further particu-
lars and the same is by such reference made a part hereof, for the propos-
ed acquisition and improvement of a five (5) acre parcel of land south-
westerly of Section 20, Township 6 South, Range 10 West, S. B. B. & M.,
lying northerly of the City boundary line of the City of Newport Beach, '
said improvement being the construction of a sewage disposal plant and
appurtenances thereto, orn said lands to be acquired. Also the acquisi-
tion and improvement of a right of way twenty (20) feet in width, ex-
tending northerly from a paint of the State Hi hway in Orange County,
which point is approximately four hundred (400) feet easterly of 60th
Street intsaid City, said right of way being approximately 3000 feet is
length. Also the acquisition and improvement of a right of way twenty
(20) feet in width, extending from said five acre parcel of land
westerly to the Santa Ana River, a distance of approximately 2500 feet,
and the construction of a sewer main along the State Highway from the
existing disposal plant to a point four hundred (400) feet easterly of
L
233
60th Street, in the City of Newport Beach, and along a twenty (20) foot
right of'way, a distance of approximately 3000 feet northerly from the
last mentioned point om,the State Highway, all as hereinafter described,
said specifications to include descriptions of all property.to be
acquired, together with a map or plat showing the same, and all plans,
profiles, cross - sections and specifications necessary for the improve-
ment, together with a statement showing estimated cost of the same,
inclusive of incidental expenses and costs of the proceeding, and also
a description of the proposed district to be benefitted by said
acquisition and improvement, and to be known as the "Assessment District ",
and a map or plat showing the same, and also the different zones within
said district containing the lands to be benefitted'in like measure,
but in a different measure from other zones therein; with a statement
as to what percentage of the sum to be raised each year for the pay-
ments on the principal and interest of the bonds, should be raised from
each zone, and shall show the grades to which the contemplated improve-
ments are to be constructed, the said district to be known'as
Acquisition and Improvement District No. 2 of the City of Newport Beach,
said acquisition and improvements include the following:
The construction of a'sewer main along the State
Highway from the existing disposal plant to a point
400 feet easterly of 60th Street and along a 20 foot
right of way a distance of approximately 3000 feet
northerly from the last mentioned point on the
State Highway.
The construction of a sewage disposal plant and
appurtenances thereto.
The construction of approximately 2500 feet of
outfall sewer main extending from the site of the
disposal plant westerly to the Santa Ana River.
The acquisition of a right of way 20 feet in
width extending northerly from a point of the State
Highway, which point is approximately 400 feet
easterly of 60th Street, approximately 3000 feet
in length.
The acquisition of a five acre parcel of land
southwesterly of Section 20, Township 6 South,
Range 10 West, S. B. B. & M.
The acquisition of a right of way 20 feet in
width extending from the last mentioned five acre
parcel of land westerly to the Santa Ana River a
distance of approximately 2500 feet.
The improvement above mentioned to include the installation
of sanitary sewers and other instrumentalities of sanitation, together
with the necessary outlets, cesspools, man - holes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, channels and other appurtenances.
Councilman Ellsworth introduced a Resolution entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING AND APPROVING A CERTAIN
CONTRACT MADE AND ENTERED INTO BETWEEN THE NEWPORT
BEACH BOAT BUILDERS, INC., A CORPORATION, PARTY OF
THE FIRST PART, AND THE CITY OF NEWPORT BEACH, A
MUNICIPAL CORPORATION OF ORANGE COUNTY, CALIFORNIA,
PARTY OF THE SECOND PART, AND AUTHORIZING THE MAYOR
OF SAID CITY AND THE CITY CLERK OF SAID CITY TO
EXECUTE SAID CONTRACT ON BEHALF OF AND IN THE NAME
OF SAID CITY OF NEWPORT BEACH.
The Resolution was read, considered, designated RESOLUTION NO.
615 and upon call of the roll passed by the following vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
A Deed dated the 18th day of June, 1930, from Newport Harbor
Yacht Club, a corporation, to the City of Newport Beach, a municipal
corporation of the County of Orange, State of California, and more
Particularly described as follows:
WE A
Newport Beach City Tideland Location No. 265,
is,Section 34, Township 6 South, Range 10 Nest.
Subject to all taxes for the fiscal year 1930_31,
and subject to all taxes, assessments and other
legal charges heretofore levied, assessed or made by
the State of California, the County of Orange, and
the City of Newport Beach, and /or by any district,
municipality, or other legally constituted public
organization,
was presented to the City Council of the City of Newport
Beach, California.
WHEREUPON, Councilman Lloyd Claire 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 instructed to re-
cord the same forthwith with the County Recorder of Orange County,
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.
The report of C. H. & F. S. Currie on different types of
treatment and disposal plants was considered, and on motion of Councilman
Claire seconded by Councilman Hilmer and carried, Currie Brothers were
instructed to present plans to the Board for a treatment and disposal
plant with an outfall into the Santa Ana River in accordance with their
report, and with the understanding that City Engineer R. L. Patterson is
to have full charge of planning and construction of the sewer main from
the present plant to the new disposal plant.
IN THE LATTER OF ASSESSI:ENT FOR CENTRAL AVENUE LIGHTING.
The Clerk advised the Council that this was the time and place
fixed pursuant to statute and notice given for the hearing in the
matter of the assessment for the improvement of Central Avenue, as con_
templated by Resolution�of Intention No. 551 adopted on.the 3d day of
March, 1930.
The Clerk also informed the Council that affidavits of the post_
ing and publishing of this notice of filing assessment were on file in
his office and that no written appeals of objections had been filed in
his office prior to the day set for the hearing.
The Mayor asked if there were any interested persons present
desiring to be heard in the matter,but no one resporxied.
All interested persons having been given full opportunity to
show cause why the said assessment should not be confirmed, all object-
ions presented having been heard and fully considered, and the Council
being satisfied with the correctness of the assessment, thereupon
Councilman Claire moved that the said assessment be confirmed and
approved, which motion seconded by Councilman Garfield was carried by
the following v6te, to -wit:
AXES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
IN THE LATTER OF ASSESSi:ENT FOR ISAIN ST. LIGHTING.
The Clerk advised the Council that this was the time and place
fixed pursuant to statute and notice given for the hearing in the matter
of the assessment for the improvement of Main Street and certain other
streets and avenues, as contemplated by Resolution of Intention No. 553
adopted on the 17th day of March, 1930.
The Clerk also informed the Council that affidavits of the post-
ing and publication of this notice of filing assessment were on file in
his office, and that no written appeals or objections had been filed in
his office prior to the day set for the hearing.
The Mayor asked if there were any interested persons present
desiring to be heard in the matter, but no one responded.
All interested persons having been given full opportunity to
show cause why the said assessment should not be confirmed, all objections
presented having been heard and fully considered, and the Council being
satisfied with the correctness of the assessment, thereupon Councilman
Claire moved that the said assessment be confirmed and approved, which
motion seconded by Councilman Hilmer was carried by the following vote,
i
;,
to —wit:
235
AYES, Councilmen Hilmer, Claire,. Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen.None.
There being no further business on motion of Councilman
Claire seconded by Councilman Ellsworth and carried, the meeting
adjourned Sine Die.
Approved, August 4th, 1930.
�ftty Clerk.
City Hall, Newport Beach, Aug.4, 1930
The City Council of the City of Nevprt 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.
.The minutes of the previous meeting were read, corrected and
approved.
The reports of the heads of the departments were read and on
motion of Councilman Claire seconded by Councilman Ellsworth and carried,
the reports were accepted and filed.
Councilman Hilmer reported that the Committee would not re-
commend lowering the camp ground. Cates from what they are at present,
and on motion of Councilman Claire seconded by Councilman Ellsworth
and carried, the report was accepted.
On motion of Councilman Hilmer secondV hgy Councilman Claire
and carried, the regulations limiting the use of ground to two
weeks were rescinded , and the Clerk instructed to notify the Camp
Custodian to that effect.
The report of Fire Chief Crocker in regard to the complaints
filed against the Union Oil Co. on Balboa Island was read, stated he
had checked up on them, and everything now was satisfactory as far as
fire safety is concerned, and on motion of Councilman Claire seconded
by Councilman Garfield and carried, the report was accepted and filed.
The report of the Fire Chief on request of the Union Oil Co.
for permission to install a storage tank for gasoline underground at
their marine station and recommending that it be allowed, was read, and
on motion of Councilman Hilmer seconded by Councilman Claire, and car-
ried, permission was granted in accordance with the re¢mmendation of
the Fire Chief.
The communications were read and acted upon as follows :.
A petition containing 109 signatures commending the Council's
action in curbing the speed boats was considered, and on motion of
Councilman Ellsworth seconded by Councilman Hilmer and carried, the
petition was filed.
A petition containing 67 signatures commending the Council for
prohibiting the promiscuous shooting of fireworks was presented and on
motion of Councilman Ellsworth seconded by Councilman Hilmer and car-
ried, the petition was filed.
The communication-from the Regatta Committee of the Southern
Calif. Yachting Association asking permission to allow boats to go
faster than 10 nautical miles per hour for their cruiser race to be held
Thursday and returning Friday, Aug. 8th was considered, and on motion of
Councilman Hilmer seconded by Councilman Ellsworth and carried, the
permission was grazted for the program designated, and the Clerk instruc-
ted to notify the Harbor Master to that effect.
The communication from H.L.Sherman asking the Council to
rescind the motion made at the last meeting appointing an assistant