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HomeMy WebLinkAbout10/06/1930 - Regular MeetingDyl VA dary line of the City of Newport Beach, under proceedings to be had and taken in the matter of Acquisition and Improvement District No. 1 of the City of Newport Beach, which motion was duly seconded by Coun- cilman Ellsworth, and upon call of the roll the Resolution was passed by the following vote, to -wit; AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Lew H. Wallace stated there was a reoresenta *ive of the aoaro of Fire Underwriters down here, and there was a possibility of ' getting our insurance rates reduced if the City would p p urchase an- other umper similar to the one we now have. The same was consider- ed and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the matter was referred to the Fire and Water Committee for investigation and report. On motion of Councilman Hilmer seconded by Councilman Claire and carried, a number of emergency demands having been signed and ap- proved by the Finance Committee were allowed and warrants to be drawn for same. As there was a vacancy in the office of Camp Custodian , on motion of Councilman Ellsworth seconded by Councilman Garfield, Win. Ulrich was annointed Camp Custodian at a salary of $150.00 per month for the months of May, June, July, August, September and October, and $125.00 per month for the balance of the year; he to put in full time working in the Street Department when not needed at the Camp Ground, which motion was carried by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield. NOES, Councilman Johnson. ABSENT, Councilmen None. There being no further business, on motion of Councilman. Claire seconded by Councilman Ellsworth and carried, the meeting adjourned Sine Die. Mayor, City of /, e ort Beach Approved October 6th, 1930 City Clerk City Hall, Newport Beach, October 6, 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 all members present except Coun- cilman Claire. ' as read. The minutes of the previous meeting were read and approved The re-)orts of the heads of the departments were read and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the reports were accepted and filed. The Finance Committee were granted more time to report on the motor vehicle insurance. The communications were read and acted upon as follows: The four petitions signed and returned out of 14 sent out in regard to the construction of a groin at 36th Street, and a letter from E.J.Menard giving his reasons for not signing, were conpidered for some time, Mr. Menard being present and personally addressing the Council on the matter. After considerable discussion on motion of z� Councilman Ellsworth seconded by Councilman Hilmer and carried, the =. petitions were filed. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the communication from Mr. Menard was filed. The communication from '?illiamson and Nilliamson submitting policies for our .rotor vehicle insurance and also renewal policies of Lew H. Wallace for same were considered,.and on motion of Council- man Ellsworth seconded by Councilman Hilmar and carried, the policies of Williamson & Williamson were accented and the Clerk was instructed to return the policies to Mr. Wallace. A petition containinf* 38 signatures of residents of Balboa Island and a communication from the Balboa Island Improvement Associa- tion asking the construction of a fire hall on BG.lboa Island as soon as possible, was considered, and on motion of Councilman Ellsworth ' seconded by Councilman Garfield and carried, the matter was referred to the Fire Committee to report on at the next meeting. A communication from the Newport Packing Co. asking that they be charged only the minimum -ater rate was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the matter was referred to the Water Committee to report on at the next meeting. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the request of E.M.Burris for a permit to construct a-rock bunker on Lot 10, Tract 444 along the Old County Road on New- port Heights, was laid on the table until next meeting for investigation. On motion of Councilman Ellsworth seconded by Councilman Hil- mer and carried, the anolication of James T. Ward and E.F.Flalker for a license to sell live poultry on Lot 28, Block 220, Section A, was referred to the Health Officer for a report at the next meeting. On motion of Councilman Garfield seconded by Councilman Ells - mo rth and carried, the aoolication of Orma Bobeldyk for license to operate a lunch stand at the Cannery on 28th Street, having been ap- proved by the Health Officer, was granted. -?� -_ On motion of Councilman Garfield seconded by Councilman Hil- mer and carried, the request of 1.A.Lott for transfer of his Restaur- and and Bakery Goods license from 301 Palm Street, Balboa to 2306 Ocean Ave., Newport Beach was granted. The report of the Harbor :faster and his Deputy M.S.Robinson asking the adoption of a permit to install moorings, and also suggest- , ing an amendment to Ordinance No. 180 prescribing the duties of the Harbor Master, was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the matter was laid on the table until next meeting. The communication from the Chamber of Com:f.erce recommending that the City furnish ,rater, if an excess exists, to Jos. Szarfinski for the establishment of a golf course with grass greens adjoining Corona del Mar costing in the neighborhood of $100,000.00, was con- sidered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the matter was laid on the table until next meeting and the Water Superintendent was instructed to give a com- plete report of the water conditions of the City, including the capa- city, amount pumped, etc. On motion of Councilman Garfield seconded by Councilman Ells- worth and carried, the request of the Chamber Df Commerce for the ap- proval of an expenditure of approximately $200.00 for repainting three highway signs was granted. On motion of Councilman Hilmer seconded by Councilman Gar- field and carried, the request of J.A.Gant, R.L.Patterson and Alfred Smith for permission to attend the convention of the League of Calif. Municipalities, was mranted. The invitation of the Anaheim Post of the American T.e -ion to join in their Armistice Day nara.de was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield anO carried, the ' Clerk was instructed to write thanking them for the invitation and advise them that we would have one car in the parade. The communication from Richard J. Coffey, District Counsel of the Department of the Interior, asking if we still wanted to con- tract for the electrical energy allocated to us, was considered, and on motion of Councilman Ellsowrth seconded by Councilman Garfield and carried, the Clerk was instructed to advise them that we had decided not to take it. The request of Otto G. Wildey Co. asking for the dedication of Tenth Street from Bay Avenue to the Bay as a public street was con - sidered, and on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the matter was referred to the City Attorney to prepare an Ordinance. 249 A communication from A.D.Strayer asking the removal of a buileing from the bay front lot northerly of Lot 18, Block 218, Section B, which he claims but which the City has a deed to, was considered, and on motion of Councilman Hilmer seconded by Council- man Garfield and carried, the matter was referred to the City At- torney to clear up the matter of ownership and to bring suit to quiet title if necessary. On motion of Councilman Garfield seconded by Councilman Hilmer and carried, the request of the City Clerk for two weeks vacation, was a_ranted. A communication from :Iorris Cain, Attorney of Santa Ana, stating that Jack L,ardesich claimed the City removed $200.00 to $300.00 worth of material from his place when they cleaned it up recently and which he expected nay for, was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and Carried, the matter was referred to the City Attorney for attention. .On motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the communication from the Pacific Electric Railway Co. making a proposition on the 10 and 20 foot strip to be acquired for a street from 36th Street to the westerly city limits, was filed. On motion of Councilman Hilmer seconded by Councilman Garfield and carried, the request of the Pacific Telenhone & T ^legraph Co, for permission to lay a cpble from "N" Street across the entrance channel to Corona del liar was granted provided the conditions named in their communication are carried out, and the wo rk to be done under the supervision of the City Engineer: A petition asking for improvement work to be done jetween .th and 9th Streets and between Central Avenue and the Bay in East Newport was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the petition was laid on the table until the November meeting of the Council. On motion of Councilman Hilmer seconded by Councilman Ells- worth and carried, the communication from the President of the LearuP of Calif. iiunicinalities urging the city official attendance at their Convention this week in Long Beach was filed. On motion of Councilman Ellsworth seconded by Councilman ' Hilmer and carried, the hearin- of the War Department for the groins on the Ocean Front §t West Newport, was filed. The communication from the 2 ;a1'or of Lynwood inviting the City Council to meet with representatives of the different cities at Lynwood City Hall, October 18th, to consider the water situation in Southern California, was considered, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the Water Committee and Water Superintendent were instructed to attend the meeting if possible. On motion.of Councilman Hilmer seconded by Councilman Garfield and carried, the communication from the Secretary of the Santa Cruz Chamber of Commerce asking that our representatives vote for the next meeting of the League of Calif. Municipalities to be held in Santa Cruz was filed. The recommendation by .the Chamber of Co..i...erce that $100.00 be donated out of the advertising fund towards the expense of sending the local Starboat Tempe IV back to Chesapeake Bay to compete in a race, was considered, and on motion of Councilman Fllsworth second- ed by Councilman Garfield and carried, $100.00 was authorized for this purpose. As this was the date set for the consideration of the peti- tion of Cubbons & icFarland for exclusive barge privilege, the matter was taken up for consideration, and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the matter was laid on ' the t2jle until next meeting. Councilman Ellsworth referred to the epairs to the bridge on Coact >)ulevard at 45th Street which had been postponed till after the busy season, and stated it would cost about $550.00 to repair same. The matter was considered and on his motion seconded by Coun- cilman Garfield and carried, the Street 8uperintendent was instructed to repair the bridge at not to exceed $550.00. Councilman Ellsworth also stated that 15th Street on Newport Heights n (,edeG ixing badly and the County were willing to pay for half if the City would pay the other half. He stated that for grading and oiling the City's share would be between $400.00 and $500.00, but for macadam it would be about $1250.00, and the Committee thought pos- sibly the grading and oil would be sufficient. The matter was discussed 250 but owing to the large amount of traffic which !r_ould be using this :.. road it was decided best to macadamize it. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the City Engin- eer was instructed to notify the County Highway authorities to go a- head with the work and the City would pay their pro -rata at not to exceed $1250.00. Dlayor Johnson presented a report-of a meeting of the City Council as a Committee of the Whole, and on motion of Councilman Hil- mer seconded by Councilman Ellsworth and carried, the report was ac- cepted and ordered copied in full on the records of the meeting. COPY OF THE RTPORT The City Council met as a Committee of the Whole with the County Board of Supervisors on September 30th to discuss the matter of ' .the overhead crossing at the arches with the following members present: Councilmen Hilmer, Ellsworth, Garfield, and Mayor Johnson. "The Committee informed the Board of Supervisors that the City of Newport Beach was ready to proceed with the construction of the work. After some discussion in which the Committee took the posi- tion that the City of Newport Beach should be required to-bear only a small percent of the cost of the work the Board of Supervisors informed The Committee that the County had no funds budgeted for that purpose. "Should the State take over the road leading from Newport Beach to San Bernardino as a secondary highway, the Board of Supervis- ory promised to lend their aid and cooperation to the end that the crossing at the Arches be built largely at State expense." On motion of Councilman Fllsworth seconded by Councilman Gar- field and carried, the City Engineer was instructed to keep after the Highway Commission until something is accomplished. UNFINISHED BUSI "ESS It was reported that some city property had been re.;,oved from the Camp Ground without authority, and on motion of Councilman Ells- worth seconded by Councilman Garfield and carried, the Street Superin- tendent was instructed to ask return of the camp ground property which had been taken. The Clerk reported that Resolution No. 619 issuing bonds on ' unpaid assessments for the improvement of Central Avenue and certain other streets and avenues, passed by the City Council on September 15, 1930 was not legal in that the notice of time of hearing required by law was not published in the newspaper. Councilman Garfield then of- fered RESOLUTION NO. 623 rescinding Resolution No. 619 in the matter of the issuance of bonds upon unpaid assessments for the improvement of Central Avenue and certain other streets and - avenues in the City of Newport Beach as per Resolution of Intention No. 581, and moved its adoption, which motion was duly seconded by Councilman Ellsworth and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Kilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. The Clerk reported that Resolution No. 620 issuing bonds on unpaid assessments for the improvement of Main Street and certain other streets and avenues, passed by the City Council on September 15, 1930 was not legal in that notice of time of hearing required by law was not published in the newspaper. Councilman Ellsworth then offered RESOLU- TION N0. 624 rescinding Resolution No. 620 in the matter of the issu- ance of bonds upon unpaid assessments for the improvement of Main Street and certain other streets and avenues in the City of Newport Beach, as per Resolution of Intention No. 583, and moved its adoption, ' which motion was duly seconded by Councilman Garfield and upon call of the roll passed by the following vote, to -wit: AYESf Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. The Clerk notified the Council that this fixed for the hearing in the matter of the list of filed by the Superintendent of Streets for the im;) of Central Avenue-in the City of Newport Beach, as Intention No. 581. The Clerk also notified the Council that was the time and place un•)aid assessments rovement of a portion per Resolution of Notice of such hear- 251 ing had been published and posted as required by law and that affi- davits of the same were on file in his office. The Clerk also reported t1a t no protests had been received. The Mayor then inquired if there were any ,person or persons present tidio wished to make objection why bonds should not be issued upon the security of unpaid assessments. Councilman Ellswrth then offered RESOLUTION NO.625 fixing the unpaid aggregate, determining that bonds should be issued and.fixing the denomination of said bonds, and moved its adoption, which motion was duly seconded by Councilman Garfield and passed by the following vote, to -wit: AYES, Councilmen Hilmer, Ellsmo rth, Garfield, Johnson. NOES, Councilmen None. ' ABSENT, Councilman Claire. The Clerk notified the Council that this was the time and place fixed for the hearing in the matter of the list of unpaid as- sessments filed by the Superintendent of Streets for the improvement of Main Street and certain other streets and avenues in the City of Newport Beach as per Resolution of Intention No. 583. The Clerk also notified the Council that notice of such hear- ing had been published and posted as required by law and that affida- vits of 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 unpaid assessments. Councilman then offered RESOLUTION NO. 626 fixing the unpaid aggregate, determining that bonds should be issued and fixing the denominations of said bonds, and moved its adoption, which motion was duly seconded by Councilman Garfield and.oassed by the following vote, to -wit: AYES, Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. The Assessment Diagram prepared by the City Engineer for the imnrovement of Channel Place and certain other streets, alleys, pub- lic waterways and 'highways as contemplated by Resolution of Intention No. 558, was presented for the a-)nroval of the Council, and upon the roll being called the diagram was aporoved by the following vote, to -wtt- AYES, Councilmen Kilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. Councilman Garfield introduced a Resolution amending Parkirg Ordinance No. 345. The Resolution was read, considered, designated RESOLUTION' :10.627, and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. RESOLUTION NO. 628 A Deed dated the 27th day of August, 1930, from R.B.Kelley and Piagdalena T. Krlley, husband and wife, of Orange County, California, to the City of Newport Beach, a municipal corporation of the State of California, granting to said City of Newport Beach, all that certain real nroperty situate in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows, to -wit: All that portion of Lot One (1) in Block Four (4) of "The Balboa Tract" as shown on a Mao recorded in Book 4, page 11 of Miscellaneous Maps, records of Orange County, ' California, described as follows, to -wit: Beginning at the Southwesterly - corner of said Lot One (1) and running thence Northerly along the Westerly line of said Lot One (1) a distance of 10 feet; Thence South- easterly in a direct line to a point in the Southerly line of said Lot One (1) which point is 15 feet Easterly of the Southwesterly corner -)f said Lot One (1); thence Westerly along the Southerly line of said Lot One (1) a distance of 15 feet to the point of beginning. Subject to improvement bonds of record. was presented to the City Council of the City of Newport Beach, Cali- fornia. WHEREU ?ON, Councilman Ellsworth made a motion, duly seconded 252 by Councilman Garfield and carried, that said Deed be accepted by said City of Newport Beach,and the Clerk instructed 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, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. Councilman Hilmer introduced a Resolution entitled: RESOLUTION APPROVING MAP SHOWING THE PORTION OF 34TH STREET IN THE CITY OF. NE'F]PORT BEACH TO BE ABANDONED. The Resolution was read, considered, designated RESOLUTION 110. 629 and upon call of the roll passed by the following vote, to- :grit: AYES, Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. Councilman Ellsworth introduced a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NET" PORT BEACH DECLARING THEIR I;'TrNTION TO ORDER THE CLOS= ING UP AND ABANDONLENT OF A CERTAIN STREET KNOWN AS 34TH STREET B ETWE7N RAILROAD AVENUE AND THE ALLFY TO THE EAST OF RAILROAD AVENUE IN THE CITY OF N?' "PORT BEACH, DECLARING IT TO BE FOR THE PUBLIC INTEREST AND CONVE1ZIENCE, AND FIX- ING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID PRO- POSED IMPROVEMENT. The Resolution was read, considered, designated RESOLUTION NO. 630, and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. City Attorney Thonoson reported that firs. Jonathan Tibuetts had filed suit to gziet title to the alley back of Lots 1, 2 and 3 in Block 119, First Addition to Newport Beach, and as our main sewer line was laid in this alley she was willing to give the City a sewer easement , through same. The matter was considered and on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the City Engin- eer.was instructed to supply a proper description of the alley, and the Mayor of the City of Newport Beach was authorized to sign the answer to the suit. On motion of Councilman Garfield seconded by Councilman Ells- worth and carried, the demand of the League of Calif. Municipalities for dues in the League to January 1, 1932, was allowed.and warrant to be drawn for same. City Engineer Patterson referred to the new senafre disposal plant and asked the Council to decide on hat act it was to be done under. The matter was considered and on motion of Councilman Garfield seconded by Councilman Ellsworth and carried, it was ordered thatthe Acquisition be done under the Yattoon Act with the total assessment to be peid in 3 years, and the improvement to be done under the 1911 Boundary Act with the 1915 Bond Act. IN THE MATTER OF ACQUISITION AND IMPROVEMENT DISTRICT NO.2 OF THE ) ORDER APPOINTING ATTORNEY CITY OF NEWPORT BEACH, CALIFORNIA.: RESOLUTION NO. 631 Councilman Paul B. Ellsxo rth offered and moved the adoption of the following Resolution and order,.to -wit: , WHEREAS, it is contemplated that the City of Newport Beach proceeding under the "Acquisition and Improvement Act of 192511, as amended, will carry through proceedings for the acquisitions necessary for the acquiring of certain rights of way, easements and property for the construction of sanitary sewers or instrumentalities of sanitation, and also for the acquiring of a tract of land of approximately five acres for the construction of septic tanks, disposal plants or instru- mentalities of sanitation, said rights of way, easements, and said five acre tract being located in Lots and C, Banning Tract, as per map filed in Superior Court case A ?o. 6385, Records of Los Angeles County, and lying between the northeasterly corner of Tract No. 772, as oer map recorded in Miscellaneous ;iao Book No. 23, pages 5 and 6; Records of Orange County, and the Santa Ana River; and WHEREAS, it is necessary that an attorney be appointed and 2 ion employed to oreoare all of the proceedings , including resolutions, notices, orders, pleadings, judgments, court documents and any and all other matters incident to the consummation of the completed ac- quisitions, together with the issuance and sale of bonds 8r immedi- ate possession and bonds for said acquisitions, and in general to perform all of the services required by said "Acquisition and Im- provement Act of 192511, as amended, for such proposed acquisitions; NOW, THEREFORE, BE IT RESOLVED, that Arthur M. Ellis, a competent attorney, be and he is hereby appointed and employed for the said purpose, and it shall be his duty to commence, prosecute and bring to a conclusion all necessary court actions to obtain the rights of way and prop -rty and effect the said acquisitions. The compensation of the said Arthur M. Ellis for the said work of carrying through the said proceedings is hereby fixed at the sum of One Thou.sand Dollars ($1,000.00), payable as follows: The sum of X5'00.00 to be payable nhen an order of court has been secured granting the City the right of immediate possession and use of the property sought to be condemned, and the balance of 4500.00 to be payable when the final order of condemnation has been signed and dock- eted by the Superior Court of Orange County. Said motion was seconded by Councilman A.J.Garfield and upon call of the roll was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilman Claire. I, ALFRED SMITH, the duly elected, qualified and acting Clerk of the City of Newport Beach, California, hereby certify that the foregoing Resolution was passed and adopted by the City Council of said City on the 6th day of October, 1930 by the vote above stated. City Clerk of the City of Newport Beach, California. On motion of Councilman Hilmer seconded by Councilman Gar- field and carried, the demands which were signed and approved by the Finance Committee, were o11owed and warrants to be drawn for same. There being no further business on motion of Councilman Ells- worth seconded by Councilman Garfield and carried, th'e meeting adjourn- ed to 7:30 o'clock P.M. on Monday, October 20, 1930. Approved October 20th, 1930 City Clerk ' (Insert at a Page 248) On motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the request of A.Hamon for transfer of her Real Estate license from 415 East Central to 609 East Central Ave. was granted.