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HomeMy WebLinkAbout05/04/1931 - Regular Meeting)07 City Engineer Patterson presented a letter recommending that the City install an aeration tank to eliminate the odor and un- easant taste of our drinking water which he estimated would cost about P550.00 to be paid out of the water fund, and also the plans and specifications for same. The matter was considered and on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the plans and specifications were approved. On motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the communication was filed. Councilman Ellsworth introduced a Resolution directing and Instructing the City Clerk to advertise for bids for the erection and construction of an aeration tank for the City of Newport Beach. The Resolution was read, considered, designated RESOLUTION N0. 652 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. on motion of Councilman Claire seconded by Councilman Hilmar and carried, the two demands having been signed and approved by the Finance Committee „ were allowed and warrants to be drawn for same. On motion of _Councilman Garfield seconded by Councilman Hilmer and carried, the Royal Insurance Policy No. 210574 from Lew H. Wallace was accepted. There being no further business on motion of Councilman Claire seconded by Councilman Hilmer and carried, the meeting adjourned Sine Die. _ A n APPROVED: May 41 1931- City Clerk. City Hall, Newport Beach, May 4, 1931. 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. The minutes of the previous meeting were read, corrected and approved. On motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the regular order of business was Ouspended to take up the opening of bids for an aeration tank. The Clerk notified the Council that this was the time and place fixed pursuant to NOTICE INVITING BIDS, for the opening of bids for the construction of a cement concrete aeration tank on portions of Lots 1013 and 1213 of the First Addition to Newport Mesa Tract, and the Council in open session publicly opened, examined and declared'all sealed bids received for said work, which bids were as follows: TOTAL_ ESTIMATED CONTRACTOR AMOUNT OF BID. Harry Friedman, - - - - - - - - - Irvin Geo. Gordon, - - - - - - - - - Jules W. Markel & Son, - - - - - - - - Need Construction Cc - - - - - - - - John C. Blystone, - - W. W. Hoagland, - - - - Oberg Brothers, - - - M. W. Hall, - - - - - - Lee R. Weber, - - - - - 0. U. Miracle, - - - - - W. M. Ledbetter & Co. - $3,393.50 3 X27.75 3,714.57 3,534.00 3,573.00 3,7550.00 3,725.00 3 565.12 3,962.50 ,251.25 4,122.00 308 Reference is hereby made to the bids for all details as to the kind and class of work to be done, the said bids being on file in the office of the City Clerk of said City. On motion of Councilman Claire seconded by Councilman Garfield and carried, the bids were referred to the City Engineer for checking and report later. On motion of Councilman Hilmer seconded by Councilman Ellsworth and carried, the regular order of business was resumed. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the regular order of business was suspended to consider protests 'on Bay Avenue Lighting. 1\ The City Clerk reported that this was the time and place fixed 'for the hearing of protests or objections against the work, the assessment district or grades described in Resolution of Intention. No. 679 in the matter of the improvement of Bay Avenue and certain other streets in the City of Newport Beach, California, adopted by the City Council of the said City on the 6th day of April, 1931. Reference is hereby made to said Resolution of Intention on file in the office of the City Clerk for a particular description of the work to be done. The Clerk also reported that the Affidavit of Publication of the Resolution of Intention and of the posting of the Notice of Improvement as required by law, had been made and were on file in the office of the City Clerk. The C1ekk also reported that he had received protests from F. W. Kepke and over 300 other property owners within the assessment district, protesting against the proposed work and improvement described in said Resolution of Intention No. 679. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the proposed work or against the proposed district or against the proposed grades as sift forth in said Resolution of Intention No. 679, and asked if anyone present desired to file any written protest or make any oral objections against the proposed improvement or to the extent of the district to be assessed or to the proposed grades. All protestants having been heard, an opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City douncil- having before it the diagram of the assessment district and being familiar with the said assessment district, and also having considered all protests filed 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 Lloyd Claire presented the following Resolution and moved its adoption: WHEREAS, certain protests have been filed by F. W. Kepke and others protesting against the doing of the work described in Resolution of Intention No. 679 in the matter of the improvement of Bay Avenue and certain other streets in the said City of Newport Beach, and WHEREAS, the City Council has carefully considered all protests or objections; NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections have been made by the owners of more than one -half of the area of the property to be assessed for the said work and improvement as set forth in said assessment district in the said Resolution of Intention No. 679, and BE IT FURTHER RESOLVED that each and all of the said protests or objections be, and the same are hereby sustained and that the work or improvement described in said Resolution of Intention No. 679, and all proceedings heretofore taken in connection with said work, are hereby cancelled and abandoned. Said motion was duly seconded by Councilman A. J. Garfield and upon call of the roll the same was adopted by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES; Councilmen None, ABSENT, Councilmen None. i On motion of Councilman Ellsworth seconded by Councilman Hilmer and carried, the regular order of business was resumed. 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. a M 309 Councilman Ellsworth reported in regard to the request of the Business Men's Association for $500.00 for the Bathing Beauty Parade, that the advertising fund was overdrawn and consequently no funds available for•extra expenditures; also the same was true in regard to the Chamber of Commerce request for 6 floats for the Tournament of Lights. On motion of Councilman Claire seconded by Councilman Hilmer and carried, the report was accepted. In regard to the pedestrian crossing in the Seashore Colony Tract Chief of Police Hodgkinson reported progress along that line. Councilman Garfield.reported for the Fire Committee that ' they would recommend that the contract for the new Fire Station No. 2 be awarded to the lowest bidder, Irvin Geo. Gordon, and on his motion seconded by Councilman Hilmer and•carried, the report was accepted. WHEREAS, there has been presented to the City Council of the City of Newport Beach, a certain agreement dated the 4th day of May, 1931, by and between Irvin Geo. Gordon of Newport Beach, Calif- ornia, as party of the first part, and the City of Newport Beach, a municipal corporation, as party of the second part; and WHEREAS, said agreement provides that the said party of the first part has been awarded the contract by the City of Newport Beach, for the construction and erection of Fire Station No. 2, on Lot 15:0f Subdivision of Block 227, Section "A" Newport Beach, California, in accordance with the plans and specifications on file with the City Clerk and heretofore adopted and approved by the City Council of said City of Newport Beach. NOW, THEREFORE, BE IT RESOLVED: That said agreement be approved as written and that the same be signed by the Mayor and City Clerk of the City of Newport Beach, and that one copy thereof be filed with the Clerk of said City, and the other sent forthwith to the party of the first part. 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 meeting thereof held on the 4th day of May, 1931, by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. The communications were read and acted upon as follows: On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the application of Ray Devean for license to conduct a canoe and small boat livery at the foot of Palm Street was allowed. The communication from the Newport Harbor Yacht Club asking that some dredging be done for anchorage purposes northerly of the County Channel between 7th and 8th Streets, was considered,,and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the matter was referred to the City Engineer for plans and specifications with an estimate of the cost of same. The communication from G. W. Foster asking permission to move his popcorn wagon into the City without paying the customary fee, and Mr. Foster also addressed the Councilmo the matter. As the Ordinance provides that the moving in fee must be paid, on motion of Councilman Claire seconded by Councilman Garfield and carried, the communication was ordered filed. On motion of Councilman Claire seconded by Oouncilm4u ' Ellsworth and carried, the request of W. P. True to construct a pier in front of his property, was referred to the City Engineer for the customary two weeks. On motion of Councilman Claire seconded by Councilman Hilmer and carried, the application of J. W. Peterson for permit to construct a.pier in front of Lot 31, Tract 742, Balboa Island, was allowed. The communication from Admiral Frank H. Schofield of the U. S. Navy assigning us a Battleship for the Tournament of Lights was presented, and on motion of Councilman Claire seconded by Councilman Ellsworth and carried, the letter was ordered filed, and the Clerk instructed to write thanking him for the assignment. The communication from City Attorney Thompson to Chief of Police Hodgkinson, explaining in regard to enforcing the Ordinance regulating the refinery was read, and on motion of Councilman Claire i -)t® seconded by Councilman Garfield and carried, the communication was order- ed filed. On motion of Councilman Hilmer seconded by Councilman Ellsworth and carried, the communication from Thos. 0. Butterworth in regard to drainage on Balboa Island, was referred to the Street Supt. to look after. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the communication from Mrs. R. J. Wig objecting to the men and boys nearing "bh6tts" on the beach, was referred to the Chief of Police to answer. The communication from S. C. Evans, Director of Boulder Dam -Assn. was considered and on motion of Councilman Claire seconded by Councilman Garfield and carried, the letter was turned over to the City Attorney for more enlightenment. The communication from C. J. S. Williamson, Secy. of the Conference Committee on international Housing and Planning, asking that we send an official invitation for the International Federation for Housing and Town Planning to hold their meeting in Los Angeles in 1932, was considered, and on motion of Councilman Hilmer seconded by Council- man Garfield and carried, the Clerk was instructed to extend such an invitation in the name of the City. On motion of Councilman Hilmer seconded by Councilman Ellsworth and carried, the communication from the U. S. Commission for the celebration of the Two Hundredth Anniversary of the birth of George Washington, asking that we organize for the celebration, was referred to the Chamber of Commerce. On motion of Councilman Garfield seconded by Councilman Claire and carried, the application of-Paul Brown for transfer of his business license No. 109 in the Balboa Pavilion, to Mrs. Myrtle Bell, was allowed. On motion of_Councilman Hilmer seconded by Oouneilman Garfield and carried, the application of A. L. Levin for transfer of his fruit and vegetable license No. 721 to-Geo. Kurata, was granted. On motion of Councilman Claire seconded by Councilman Garfield and carried, the application of Mr. Johnson for the Crystal Cleaners, for transfer of license No. 519 from 609 to 605 East Central Avenue, was laid on the table to next meeting. On motion of Councilman Claire seconded by Councilman Garfield and carried, the application of Mrs. J. H. Anderson for transfer of her license No. 127 to Mrs. Geo. L. Garrity, was granted._ On motion of Councilman-Claire seconded by Councilman Hilmer and carried, the application of the Calif. Boat & Equipment Co. for transfer of their license No. 716 to Coast Highway Garage, was granted. UNFINISHED BUSINESS. City Engineer Patterson reported that he had tabulated the bids for the construction of an aeration tank, and finds that the bid of Harry R. Friedman is the lowest regular responsible bid and he would recommend that his bid be accepted and the contract awarded to him. RESOLUTION AWARDING CONTRACT. WHEREAS, there has been presented to the Oity Council of the City of Newport Beach, a certain agreement.dated the 9th day of May, 1931, by and between Harry Friedman of Los Angeles, Calif., patty of the first part, and the City of Newport Beach, a municipal corporation, party of the second part; and WHEREAS, said agreement provides that the said party of the first.part has been awarded-the contract by the party of the second part, , for the construction and erection of an aeration tank on portions of Lots 1013 and 1213 of the First Addition to Newport Mesa Tract, in accordance with plans and specifications on file with the City Clerk and heretofore adopted and-approved by the City Council of said City of Newport Beach. NOW, THEREFORE, BE IT RESOLVED: That said agreement be approved he written and that the same be signed.by the Mayor and City Clerk of the' City of Newport Beach, and that one copy thereof be-filed with the City Clerk of said Oity, and the other be delivered forthwith to the party of the first part. 314 NEW BUSINESS. On motibn of Ocuncilman 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 an Ordinance repealing License Ordinance No. 361. The Ordinance was•read, considered, designated Ordinance No, 393, and on motion of Councilman Claire seconded by Councilman Hilmer and carried, the Ordinance was passed to the second reading. A 'Quitclaim Deed dated the 30th day of December, 1930, from the FIRST CHURCH OF CHRIST SCIENTIST, a corporation, to the City of Newport Beach, a Municipal Corporation, quitclaiming to the City of Newport Beach-for park purposes, all that certain real property situate in the Oity of Newport Beach, County of Orange, State of Oalifornia,. and more particularly described as follows, to -wit: A portion of that certain ten (10) foot alley in Block 1, East Newport, as shown upon a map recorded in Miscellaneous Maps, Book -3, page 37, Records of Orange County, California, described as follows: Beginning at the southeast corner of Lot 12 of said Block 1; running thence northerly along the easterly line and the northerly prolongation of the easterly line of said Lot 12, to an inter- section with the westerly prolongation of the northerly line of Lot 13 of said Block 1; thence easterly in a direct line to the northwesterly corner of said Lot 13; thence southerly along the westerly line of said Lot 13 to the southwesterly corner of said Lot 13; thence westerly in a direct line to the point of beginning. was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman A. J. Garfield made a motion, duly seconded by"Councilman Hermann Hilmer and carried, that said Quitclaim Deed be accepted by said Oity of Newport Beach, and the Clerk instruct- ed to record the same forthwith with the County Recorder of Orange County, California. That said motion was carried by the following vote, to -wit: AYES, Councilmen Hilmar, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. A Iaease dated the 29th day of March, 1931, by and between the Pacific Electric Railway Company, a corporation, as party of the first part, and City of Newport Beach, a Municipal Corporation, of Orange County, Calif. as party of the second part, for beautification purposes, leasing all that certain real property situate in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows, to -wit: Six (6) Four (4) foot strips of land between 16th and 26th Streets, Newport Beach, California, has been presented to the ity 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 Lease be executed by said City of Newport Beach, and the Olerk 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, Counbilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. 312 ~' City Engineer Patterson referred to.the Lafaye'tt® Avenue ►� proceedings and stated it was desirable to get a right of way across the strip of land known as The Hudson to connect Lafayette Avenue with Tract 907, and presented a demand for $250.00 in favor of the Newport Bay Dredging Co. covering the right -of -way across the Hudson. The matter was considered and on motion of Councilman Claire seconded by Councilman Garfield and carried, the demand was allowed, and the Clerk instructed to forward a warrant for same to the Abstract & Title Insurance Co. for the Deed. MINUTES FOR IMPROVEMENT OF LAFAYETTE AVENUE. Pursuant to instructions heretofore given by the City ' Council of the City of Newport Beach, California, the City Engineer presented Plat No. 394 showing the exterior boundaries of the assess- ment district for the proposed improvement of Lafayette Avenue and certain other streets, alleys and easement in said City; also Plan No. 393 consisting of three sheets numbered 1 to 3 inclusive, and Standard Plans Nos. 1005, 1007, 1012, 1013, 1015, 1016, 1025, 1027 and 1035, together with the specifications for the said improvement, and recommended that the said Plat No. 394 of the assessment district and the said Plan No. 393 consisting of 3 sheets, numbered 1 to 3 inclusive, and Standard Plans Nos. 1005, 1007, 10122 10131 1015, 1016, 1025, 1027 and 1035, together with the specifications be approved. WHEREUPON, Councilman Lloyd Claire moved that the said Plat No. 394 of the assessment district and the said Plan No. 393 consisting of 3 sheets, numbered 1 to 3 inclusive, and Standard Plans Nos. 1005, 1007, 1012, 1013, 10151 1016, 1025, 1027 and 1035 together with the specifications, be adopted, which motion was duly seconded by Councilman Hermann Hilmer, and upon roll call was carried by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Hermann Hilmer offered and moved the adoption of Resolution No. 653, being Resolution of Intention in the matter ' of the improvement of Lafayette Avenue and certain other streets, alleys and easement in the City of Newport Beach, which motion was duly second- ed by Councilman A. J. Garfield and upon roll call the. said Resolution was adopted by the following vote., to-wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES;.Councilmen None. ABSENT, Councilmen None. On motion of Councilman Ellsworth seconded by Councilman Garfield and carried, the communication from the Abstract & Title Insurance .Co. in regard to payment for.the right -of -way was filed. City Engineer Patterson presented a tentative map of Tract No. 641 from the Orange County Planning Commission, and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the Map was approved. Chas. Ehrhorn addressed the Council complaining of a side- walk on Alvarado Street and holes left in some of the alleys in East Newport, and also the board sidewalk by the Southern Seas Club, but no action was taken. City Engineer Patterson presented a letter from H. W. Rhodes, Supt. of Lighthouses, to the effeQ that they are not authorized to establish buoys to restrict fishisT ireas, and on motion of Councilman Hilmer seconded by Councilman Ellsworth and carried, the communication was filed. , City Engineer Patterson referred to a Diesel engine at the pumping plant which has not been used for some time on which he had an offer of $500.00 for and which he considered a good price for it. The matter was considered and on motion of Councilman Garfield seconded by Opuncilman Hilmer and carried, the City Engineer was authorized to sell it for the best price obtainable. 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, May 25t1931- ARPROVED: May 25, 1931- WXL4 -0 Mayor, City T11 rt Beach. City Clerk. 3 C) s•D City Hall, Newport Beach, May 25, 1931- 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, correct- ed and approved. The matter of crossings across the Pacific Electric Tracks at 11th and 13th Streets was brought up, and City Engineer Patterson stated the cost was so great that the request had. not been pressed, the cost being about $2,000.00. The crossings were'consider- ed necessary and on motion of Councilman Garfield seconded by Council- man Hilmer and carried, the matter was referred to the Street Committee and Street Supt. to take up with the Otto G. Wildey Co. in an effort to obtain the crossings. Chief of Police Hodgkinson reported that he had secured two pedestrian crossings across the State Highway in the Seashore Colony Tract. The communications were read and acted upon as follows. The application for a pier made by W. P.'True in front of Lot 4, Block "C° Newport Bay Tract was taken up, but as it would extend beyond the bulkhead-line on motion of Councilman Garfield seconded by Councilman Hilmer and carried, the application was denied. The communication from Roy McElrath in regard to the pur- chase by the City of a strip of land which he claimed-our reservoir occupied, was considered, and on motion of Councilman.Claire seconded by Councilman Garfield and cattied, the City Engineer and City Attorney were instructed to ascertain what property was needed and enter into negotiations for same. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the application of William Elkins for transfer of his license No. 541 from 502 East Bay Avenue to 30th Street was allowed. On motion of Councilman Claire seconded by Councilman Garfield and carried; the application of R. R. Jordan for transfer of his barber shop license No. 237 to B. P. Newman, was allowed. On motion of Councilman Garfield seconded by Councilman Claire and carried, the application of I. A. Smith for transfer of his license No. 111 to T. Mickey Fields was allowed. The application of the Crystal-Cleaners laid over from ' last meeting for transfer of their dry cleaning license No. 519 from 609 East Central to 605 East Central, was allowed. On motion of Councilman Claire seconded by Councilman Gar- field and carried, the application of N. E. Allison for transfer of his license No. 196 to William Street, was allowed. On motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the application of Jack Frederick'for transfer of his barber shop license No. 144 to Morrisey & Eckert, was allowed. On motion of Councilman Garfield seconded.by Councilman Ellsworth and carried, the application of H. M. Ferguson for transfer of his real estate license No. 46 from Marine & Balboa Avenue to 114 Agate Street was allowed. On motion of Councilman Hilmer seconded by Councilman Gar- field and carried, the application of H. M. Ferguson for transfer of hie Grocery store license to Richard C. Johnson was allowed.