HomeMy WebLinkAbout11/17/1930 - Adjourned Regular Meeting263
City Hall, Newport Beach, November 17, 1930
The City Council of the City of Newport Beach met in regu-
lar adjourned session at 7 :30 o'clock P.M. on above date. The meet-
ing 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.
' Councilman Garfield reported for the plater Committee that
the Szarfinski Golf Course would use more water t'.-,an the City's ex-
cess supply would warrant, and the Committee would therefore recom-
mend that the application be denied. On motion of Councilman Claire
seconded by Councilman Ellsworth and carried, the report was accented
and filed.
The report of Fire Chief Crocker was read stating that
Col. H.B.Hersey said he 19ashington office of the Weather Bureau
would prepare the necessary papers for the lease of a site for the
signal tower, upon receipt of a map showing the location and boundary
of the proposed site which should be 40 or 50 ft. square. Upon motion
of Councilman Hilmer seconded by Councilman Ellsworth and carried,
the report was accepted and filed, and the City Engineer instructed to
draw up the plans and notify the Council when it is completed.
The communications were read and acted upon as follows:
The application of Ralph P. Maskey for permission to construct
a pier and float, accompanied by a plan which Engineer Patterson re-
commended the City adopt as a standard pier for West Newport Canals,
and on motion of Councilman Claire seconded by Councilman Garfield and
carried, the application of Mr. Maskey for permission to construct a
pier in front of Lots 1 and 2, '31oci 537, Canal Section, was referred
to the City Engineer for the customary two weeks.
On motion of Councilman Claire seconded by Councilman Gar-
field and carried, the application of Cood Adams for permission to
construct a pier in front of Lot 9, Block C, Newport Bay Tract, was
' referred to the City Engineer for the customary two 'reeks.
On motion of Councilman Claire seconded by Councilman Gar-
field and. carried, the communication from the Long Beach Chamber of
Commerce inviting the Mayor and City Council to join with them in a
Christmas Parade December 5th, was ordered filed and the City Clerk
instructed to write thanking them for the invitation and expressing
regrets that the members could not promise definitely to attend.
The communication from Thomas C. Marshall objecting to the
odors coming from the Refinery was read, and on motion of Council-i,an
Claire, seconded by Councilman Ellsworth and carried, the communica-
tion was referred to the City Attorney for reply.
On motion of Councilman Hilmar seconded by Councilman Ells-
worth and carried, the request of City Engineer Patterson for permis-
sion to take his vacation starting November 19th was granted.
The communication from Robert Zumfelde stating he only want-
ed a.cermit to extend marine ways now existing, was considered, but as
he had no former permit for ways, on motion of Councilman Claire second-
ed b. Councilman Garfield and carried, the matter was referred to the
City Attorney and Building Inspector to investigate and report.
On motion of Councilman Claire seconded by Councilman Ells-
worth and carried, the communication from the League of Calif. Munici-
palitie.A soliciting renewed efforts for relief of the unemployed, was
filed.
The communications from F.W.Crocker, head of the Life Saving
Department, suggesting that all piloting of boats be done by the har-
bor Master, was considered, and on motion of Councilman Claire second-
ed by Councilman Hilmer and carried, the matter was laid on the table
to next meeting.
,The communication from F.W.Crocker stating that Herschel Teeter
had resigned as Cantain of the Life Guards and he had appointed Ward
Gillilan in his place at a salary of $125.00 per month, was considered,
and on motion of Councilman Garfield seconded by Councilman Claire and
carried, the appointment was confirmed.
UNFINISHED BUSINESS.. None.
264
NEW BUSINESS.
-.r
�G
IN THE MATTER OF ACQUISITION AND IMPROVEMENT
DISTRICT NO. 2 OF THE CITY OF NEWPORT BEACH,
CALIFORNIA.
R.L.Patterson, City Engineer of the City of Newport Beach,
pursuant to instructions contained in Resolution No. 637 adopted by
the City Council of said City on the 27th day of October, 1930, Dre-
sented to the City Council-at this time "Specifications for the acqui-
sitions of properties for sewage disposal plant purposes and the acqui-
sitions of easements or rights of way for sanitary sewers and a public
way ", in the above entitled matter.
Thereupon the Council examined the said specifications and '
maps forming a part thereof and, after having familiarized themselves
with the details thereof, Councilman Claire introduced and moved the
adoption of a resolution entitled, "Resolution approving specifications."
Which motion being duly seconded by Councilman Garfield, the said
Resolution was numbered 639, and passed and adopted by the following
vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfi.eld,.Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
Councilman Claire then introduced and moved the adoption of a
Resolution entitled, "Resolution requesting consent of the County of
Orange to the acquisitions contemplated by the City of Newport Beach,
California." in the matter of Acquisition and Improvement District No. 2.
Which motion being duly seconded by Councilman Garfield, the said
RESOLUTION was numbered 640, and was passed and adopted by the follow-
ing vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
The contract with Cubbon & McFarland granting them an e::clusive
license for operating fishing barges from the two piers was presented,
and on motion of Councilman Claire seconded by Councilman Ellsworth and
carried, the Clerk was instructed to insert in the blank space left in '
the contract the amount of $10.00 as the yearly license for same.
Councilman Lloyd Claire introduced a Resolution entitled:
RESOLUTION OF THE CITY "OUNCIL OF THE CITY OF NEWPORT
BEACH ACCEPTING AND APPROVING A CERTAIN CONTRACT MADE AND
ENTERED I "TO BETWEEN THE CITY OF NEWPORT BEACH, A YUNICIP-
AL CORPORATION, AS PARTY OF THE FIRST PART, AND E.B. CUB -
BON AND C. E. MC FARLAND, CO- PARTNERS, DOING BUSINESS
UNDER. THE FIRM NAME AND STYLE OF CUBBON AND MC FARLAND, PAR -
TYOF THE SECOND PART, AND AUTHORIZING THE LIAYOR AND 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.
641 and upon call of the roll passed by the following vote, to -wit:
AYES, Councilmen Kilmer, Claire, Ellsworth, Garfield.
FOES, Councilman Marcus J. Johnson.
ABSENT, Councilmen None.
11INUTES.I�? RE CONFIRMATION OF ASSESSMENT FOR THE
I11PROVEIENT OF VIA LIDO AND CERTAIN OTHER STREETS,
EASEMENTS AND RIGHTS OF WAY IN TRACT NO.907.
The Clcrk advised the Council that this was the time and Dlace
fixed pursuant to statute and notice given for the hearing in the mat-
ter of the assessment for.the improvement of Via Lido and certain other
streets, easements and rights of way in Tract No. 907 in the City of
Newport Beach, as contemlated by Resolution of Intention No. 513,
ad -opted by the City Council on the 10th day of June, 1929.
The Clerk also informed the Council that affidavits of the
posting and publication of the 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, but that a written
request for a continuation of the hearing had been filed, signed by
William I. Bettis, Bruce N. Crandall, Grace T. Wyckoff, iviarr.aret C.
Crittenden and Tilliam C. Crittenden, w:iich request was then read.
The Mayor then asked if there were any interested oersons
present desiring to be heard in the matter of the said assessment.
(For continuation see Page 266)
265
(Continued from following page)
to.be included in the secondary system of the California State highways,
and such is continually appearing in the public press of Orange County
and neighboring Counties, to the end. that the Supervisors of Orange
County and this City Council in conference felt that the former arrange-
ment whereby the State agreed to pay one -third of the cost, should now
be revised so that the State Mould pay at least one -half of the cost.
IT IS HEREBY RESOLVED, that Mr. R.L.Patterson, City Engineer,
is hereby instructed to advise the.California State Highway Commission
that the City of Newport Beach stands ready to pay one -half of the cost
of said grade separation providing the State bears the other one -half,
it being understood that the County of Orange was to bear one -half of
the City's share.
I hereby certify that the foregoing Resolution was duly and
regularly passed by the City Council of the City of Newport Beach at a
regular adjourned meeting thereof held on the 17th day of November, 1930
by the following vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
Attest: Alfred Smith, City Clerk, City of Newport Beach
`Rater Superintendent Patterson stated the .rater line between
8th Street and Island Avenue, East-Newport, needed replacing and he
would like permission to procure approximately $250.00 worth of 6" pipe.
The matter,was considered, and on motion of Councilman Claire seconded
by Councilman Garfield and carried, authority was given the Eater Sup-
erintendent to purchase the amount of pipe indicated.
On motion of Councilman Claire seconded by Councilman Ells-
worth and carried, the Finance Committee was instructed to work out a
filing system for the City Hall records.
There being no further business, on motion of Councilman Ells -
imrth' seconded by Councilman Claire and carried, the meeting adjourned
Sine Die.
Mayor, City f Newport Beach
APPROVED: December 1, 1930
/ VE /�!J L City Clerk
1
266
N)
Wm. Crittenden then addressed the Council at length Pnd pointed out v
various assessments which he claimed were inequitably apportioned. �
Street Superintendent Patterson then answered the objections.
The request for the continuance of the hearing for one reek
was then denied upon motion of Councilman Claire seconded by Councilman
Ellsworth, by.the following vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
All interested persons having been given full opportunity to
show cause why said assessment should not be confirmed and all appeals
or objections presented having been heard and fully.considered, and
the Council being satisfied that the work or improvement had 1)een
done in substantial compliance with the requirements of thecontract,
and also being satisfied with the correctness of the assessment and
diagram filed by the Superintendent of Streets, it was moved by Council-
man Claire that the assessment with the diagram attached be confirmed
and approved and that the Superintendent of Streets of the City of
Newport Beach shall forthwith attach a warrant to said assessment in
the manner provided by statute, bearing the date of this order or
confirmation by the City Council. Which motion being duly seconded
by Councilman Ellsworth, was carried by the following vote, to -wit:
AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson.
NOES, Councilmen None.
ABSENT, Councilmen None.
On motion of Councilman Claire seconded. by Councilman Gar-
field and carried, a number of emergency demands, having been signed
and approved by the Finance Committee, were allowed and warrants to
be drawn for the same.
The plans for a pier as presented by Ralph P. Maskey and
which City Engineer Patterson recommended be adopted as the standard
pier for West Yewoort were a:)nsidered, and on motion of Councilman
Claire seconded by Councilman Ellsworth and carried, the said plans
were adopted as the standard plans to be followed for future.piers
to be constructed in the canals recently dredged in 'Vest Newport.
On motion of Councilman Claire seconded by Councilman Gar-
field I
and upon call of the roll duly carried, the following resolu-
tion was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
WHEREAS, the nub'_ic necessity and convenience demands that
the dangerous grade crossing at the intersection of the State High-
way and the Newport Beach -Santa Ana Boulevard, Orange County, Calif-
ornia, be eliminated.
WHEREAS, said present intersection is most dangerous in
practically every respect so that accidents are frequent and have re-
sulted in many fatalities and injury to both persons and motor ve-
hicles, and during foggy weather the hazard is very great.
'WHEREAS, the said present intersection is by actual count
the busiest intersection on the Coast Highway in Southern California,
and especially on Saturdays and Sundays traffic is delayed, thereby
causing great dissatisfaction and annoyance to motorists.
WHEREAS, a tentative plan has been worked out and approved
by Mr. Nat Neff, Engineer for the County of Orange; Mr. S.U.Cortelyou,
District Engineer for the California State Highway Commission; Mr.
D.M.Crossman, Engineer for the Southern Pacific Company, and Mr. R.L.
Patterson, City Engineer of Newport Beach, to separate the grade cross-
ing at the intersection of the State Highway and the Newport Beach -
Santa Ana Boulevard, at an estimated cost of approximately $200,009.00
WHEREAS, the above plan has been endorsed by the Newport Harbo
Chamber of Commerce, the Associated Chambers of Comm rce of Orange Count
the Orange County Coast Association and this City Council.
WHEREAS, the construction of the grade separation is necessary
at this time to relieve traffic congestion and a delay of any consider-
able time would increase the cost of obtaining the rights of way.
'WHEREAS, the construction of the grade separation at this time
would provide employment for the great number of unemployed in this dis-
trict.
WHEREAS, the construction of the State Highway in its present
location ,vas the principal cause of creating the conditions that now
exist at the intersection.
17HEP.EAS, said Santa Ana - Newport Beach Boulevard is intended
(For balance of minutes see preceding
page.)