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HomeMy WebLinkAbout11/02/1931 - Regular Meetingof 360 Councilman Ellsworth stated the Service Club Committee was supposed to have a communication for the Council, asking them to make a reeuest of the Board of Supervisors to do some dredging soon with the money they appropriated for that purpose, but City Engineer Patterson thought if the dredging were done next March or April more benefit would be derived. He did think however it would be well to place the matter before the Supervisors at this time. Councilman Ellsworth also suggested that City Engineer Patterson make a survey of the needs in the entrance including soundings and plans for the work to be done. No definite action was taken however. There being no further business on motion of Councilman Hilmar seconded by Councilman Garfield and carried, the meeting adjourned Sine Die. Approved Nov. 2, 1931 Ma or City of N vdport Beach. IIZI City Clerk. ` City Hall, Newport Beach, November 2, 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 of October 26th were read and approved as read. The reports of the heads of the departments were read, and as Fire Chief Crockers report contained the appointment of Walter Deal as head of the Life Guards in place of Ward. Gillilan resigned, on motion of Councilman Gaxfibld seconded by Councilman Hilmar and carried, the appointment was confirmed for temporary employment at the same salary as his predecessor. On motion of Councilman Claire seconded by Councilman Ellsworth and carried, the reports of the heads of the departments were accepted and filed. The communications were read and acted upon as follows: The lengthy communication from Wm. X. Maxwell complaining of the charges made for water and sewer taps and also the plumbing permit, was taken up and City Engineer Patterson explained the charges made for the taps, therefore on motion of Councilman Garfield seconded by Councilman Claire and carried, the communication was referred to City Engineer Patterson to reply to. On motion of Councilman Claire seconded by Councilman Garfield and carried, the request of V1. A. Leonard for two weeks vacation from November 9th was allowed. A lengthy communication from Guy R. Lewington complaining of the way boats axe moored in the bay was considered, and on motion of Councilman Claire seconded by Councilman Hilmar and carried, the matter was laid on the table until next meeting to obtain a report from the Harbor Master on same. On motion of Councilman Garfield seconded by Councilman Claire and carried, the communication from F. K. Handy expressing appreciation for the Councils enforcing the speed boat ordinance,.was filed. The communication from 0. E. Brown objecting to the raise in valuation of the ocean front lots in Tract 518 and asking that the streets be put back as they were before being damaged by the water, was considered, and on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the matter was referred to City Engineer Patterson for investigation and report. On motion of Councilman Claire seconded by Councilman Garfield and carried, the application of H. W. Wright for transfer of his Restaurant license No. 311 from 2102 to 2106 Ocean Avenue was allowed. UNFINISHED BUSINESS. The matter of the automobile insurance was taken up and Councilman Hilmar reported that upon checking up the insurance policies NG presented he found the policies of Wallace and Williamson covered all the City cars. Thereupon Councilman Hilmer moved that the demand of Wallace and Williamson covering the premium on the insurance policies as presented, be allowed and warrant drawn for same, which motion was seconded by Councilman Claire and upon the roll being called the motion was carried by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Garfield, Johnson. NOES, Councilman Ellsworth. ABSENT, Councilmen None. NEW BUSINESS. On motion of Councilman Hilmer seconded by Councilman-Claire the dergands which were in proper form and sign and approved by the Finance Committee, were allowed and warrants to be drawn for same by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. Councilman Claire introduced an Ordinance, entitled: AN ORDINANCE OF THE CITY OF NEWPORT BEACH CREATING AND ESTABLISHING FIRE ZONES IN THE CITY OF NEWPORT BEACH. The Ordinance was read, considered, designated Ordinance No. 398, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the Ordinance was passed to the second reading. An Easement dated the 19th day of October, 1931, between the Pacific Electric Railway Company, a California Corporation,: party of the first part, and the city of newport beach, a Municipal Corporation of the State -of California, party of the second part, granting to the second party an Easement for highway purposes across that part of the right -of- way or property of said party of the first part in the 6ity of Newport Beach, County of Orange, State of California, described as follows, to -wit: That portion of the 60 foot right -of -way of the Pacific Electric Railway Company described as follows: Beginning at the intersection of the prolonged south- easterly line of 36th Street as shown on map of Newport Beach recorded in Book 3, page 26, Miscellaneous Maps of Orange County, with the southwesterly line of the strip of land conveyed to the Los Angeles Inter -Urban Railway Company by Deed recorded in Book 139, page 9 of Deeds, Orange County Records; thence northeasterly along said prolonged south- easterly line of 36th Street to a point in the southwesterly line of parcel second described in deed to Southern Pacific Railroad Company recorded in Book 123, page 110 of Deeds, Orange County Records; thence northwesterly along last mentioned southwesterly line to a point in the prolonged northwesterly line of said 36th Street; thence southwesterly along said prolonged northwesterly line to a point in the southwesterly line of said strip of land conveyed to Los Angeles Inter -Urbam Railway Company; thence southeasterly along last mentioned southwesterly line to the point of beginning. The above described parcel of land being shown colored red on plat CEK 1790 attached to easement herein referred to and made a part thereof. was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman-Lloyd Claire made a motion, duly seconded by Councilman A. J. Garfield and carried, that said Easement be approved as written, by the City Council of said City of Newport Beach, and the Mayor of said City and the City Clerk of said City of Newport Beach shall, and they are hereby authorized to sign and execute said Easement on behalf of said City of Newport Beach. An Agreement dated the 26th day of October, 1931, by and between the SOUTHERN PACIFIC COMPANY, a corporation, as first party, called Licensor, and the CITY OF NEWPORT BEACH, a Municipal Corporation, second party, called Licensee, permittin Licensee to construct, recon- struct, maintain and operate an eight (S� inch cast iron pipe line termed "structure" for conveying water, said structure to be constructed beneath property of Licensor at a depth specified by Licensor at or near Newport Beach Station, County of Orange, State of California, in the location more particularly described as follows, to -wit: 367 From a point in the northeasterly right -of -way line to a point in the southwesterly right -of -way line and crossing not less than three feet below base of rails at Engineer Station 665 plus 41, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Lloyd Claire made a motion, duly seconded by Councilman A. J. Garfield and carried, that said Agreement be approved as written, by the City Council of the City of Newport Beach, and the Mayor of said City and the City Clerk of said City shall, and they are hereby authorized to sign and execute said Agreement on behalf of said City of Newport Beach. ' 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 2d day of November, 1931, by the following vote, to-wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. An Agree_ent dated the day of 1931 between the SOUTHERN PACIFIC CO:riPANY, a corporation of the State of Kentucky, and its Lessor, SOUTHERN PACIFIC RAILROAD COMPANY, a corporation, termed First Party, and CITY OF NEWPORT BEACH, a municipal corporation of the State of California, termed Second Party, whereby the first party grants to second party (subject to the conditions therein contained) the right to construct and maintain a highway upon and across those certain parcels of land situated in the County of Orange, Strite of California, and lying within the railroad right of way of the first party, and more particularly described as follows, to -wit: PARCEL 1: Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific ' Railroad Company dated October 28, 1905, recorded December 20, 1905, in Deed Book 123, page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly line of Orange Street (50 feet wide), as said street is shove upon the map of the Seashore Colony tract recorded in Book 7, of:s[iscellaneous Maps, page 25, Records of Orange County, California; thence northeasterly along said northeasterly prolongation of the northwesterly line of Orange Street 60 feet, more or less to an intersection with the northeasterly line of the said Southern Pacific Railroad Company's right of way; thence southeasterly along the northeasterly line of said right of way 50 feet, more or less, to an intersection with the northeasterly prolongation of the southeasterly line of said Orange Street; thence southwesterly along the said northeasterly prolongation of the south- easterly line of Orange Street 60 feet, more or less, to an intersection with the southwesterly line of said right of way; thence northwesterly along the said southwesterly line of said right of way 50 feet, more or less, to the point of beginning, and containing an area of 3,000 sgaure feet, more or less. PARCEL 11: Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific Railroad Co.npany dated October 28, 1905, recorded December 20, 1905 in Deed Book 123, page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly line of 46th Street (30 feet wide), as aaid street is shown upon the map of the Third Addition of Newport Beach, California, recorded in Book 3, page 31 of Miscellaneous ]:laps, Records of Orange County, California; thence northeasterly along the said northeasterly prolongation of the north- westerly line of 46th Street 60 feet, more or less, to an intersection with the northeasterly line of the said Southern Pacific Railroad Company's right of way; thence southeasterly along the said north- easterly line of said right of way 30 feet, more or less, t6 an inter- section with the northeasterly prolongation of the southeasterly line 368 of said 46th street; thence southwesterly along; the said northeasterly prolong�,tiola of the southeasterly line of 46th street 60 feet, more or less, to a. point in the southwesterly line of said right of way; thence northwesterly along the southwesterly line of said right of way 30 feet, more or less, to the point of beginning, and containing an area of 1500 square feet, more or less. PARCEL 3. -e Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific Rail- , road Company dated October 25, 1905, recorded December 20, 1905 in Deed Book 123, page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly line-of 36th Street (30 feet wide) as said street is shown upon the map of Newport Beach recorded in Book 3, page 26 of Miscellaneous Maps, Records of Orange County, California; thence northeasterly along ,the said northeasterly prolongation of the northwesterly line of 36th Street 60 feet, more or less, to an intersection with the northeasterly line of said Southern Pacific Railroad Company's right of way; thence southeasterly along said northeasterly line of right of way 30 feet, more or less, to an intersection with the northeasterly prolongation of the southeasterly line of said 36th Street; thence southwesterly along said northeasterly prolongation of the south- easterly line of 36th Street, 60 feet, more or less, to an intersection with the southwesterly line of said right of way; thence northwesterly along the southwesterly line of said right of way 30 feet, more or less, to the point of beginning, containing an area of 1500 square feet, more or less; was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Garfield made a motion, duly seconded by Councilman Claire and carried, that said Agreement be approved as written by the City Council of the City of Newport Beach, and the Mayor of said City and the City Clerk of said City shall, and they are hereby authorized to sign and execute said Agreement on behalf of said City of Newport Beach. 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 2nd day of November, 1931, 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 City Attorney Thompson presented an Agreement with the Pacific Electric Railway Co. covering an Agreement for grade crossing at Orange Street, and Councilman Hilmar introduced a Resolution accenting the Agreement and authorizing the Mayor and City Clerk to sign and execute the same. The Resolution was read, considered, designated RESOLUTION NO. 717 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. CANVASS OF VOTE This being the first regular meeting of the City Council of the City of Newport Beach next after filing with the Clerk of said City , of the returns of tWe election held on the 27th day of October, 1931, and said City Council opened and proceeded to canvass said returns, and upon the canvass thereof found and ordered the following report to be made and entered upon its minutes of said meeting. The election was held as provided by law for the puroose of determining whether or not certain new territory contiguous to the City of Newport Beach, should be annexed to and made a part of the City.of Newport Beach. For the purpose of said election one voting precinct was established and at the election votes for annexation and against annexation were cast as follows: Total votes cast "For annexation" ---- - - - - -- 34 votes, It It " "Against annexation" - - -- -- 64 votes, It It " and discarded, ------- - - - - -- 3 votes Total number of votes cast in the precinct, 101 votes. c, 369 The election was held on the 27th day of October, 1931; the canvass of the returns was made by the City Council of the City of Newport Beach at the City Hall thereof at the hour of 7:30 o'clock P.M. of Monday, the 2nd day of November 1931. Councilman Garfield introduced a Resolution declaring the result of the special annexation election. The Resolution was read, considered, deeiganted RESOLUTION NO. 718, 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.. City Attorney Thompson stated that inasmuch as so many complaints have been entered on account of the odor from the Refinery, he thought he should be given authority to apply for a permanent injunction against them in case it is necessary for additional complaints to be made. The matter was considered and on motion of Councilman Hilmer seconded by Councilman Claire and carried, the City Attorney was empowered to get out a permanent injunction against the Grange County Refining Co. in case further complaints are filed. The communication from Helen L. Coffin asking how many wells the Refinery are running and paying a. license on, was considered, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the matter was laid oif the table to get a report from the License Collector. There b?ing no further business on motion of Councilman Hilmer seconded by Councilman Garfield and carried, the meeting adjourned to 7:30 o'clock P. M. on Monday, November 23, 1931. Approved November 23, 1931 City Clerk "�� ,� /,Z�� I, � �-" Mayor of "the iity of Newport Beach,, City Hall, Newport Beach, Nov. 23, 1931. The City Council of the City of Newport Beach met in regular adjourned session at 7:30 o'clock P. M. on the above date. The meeting was called to order by Mayor Johnson. The roll was called showing the full Council present. The .iiinutes of the previous meeting of November 2nd were read and approved as read. The report of License Collector Suiamers in regard to the wells at the Refinery was read, and on motion of Councilman Claire seconded by Councilman Garfield and carried, the report was accepted and filed, 'and the License Collector insturcted to collect the balance of $300.00 due on the other.three wells. The report of the Haroor 14aster in regard to the mooring of boats as complained of by G. A. R. Lewington at the last meeting was read, and it appearing that the vessels are moored according to the terms of the permit. On motion of Councilman Claire seconded by Councilman Garfield and carried, the report was accepted and together with the letter of Mr. Lexington, filed. The report of R. L. Patterson, City Engineer reporting on 'the cost of removing the sand and replacing the water and sewer pipes in Blocks B and C in Tract 518 was read,' and as the cost was considerable for which no provision was made in the budget, on motion of Councilman Garfield seconded by Councilman Ellsworth and carried, the re_oort was accepted and filed together with the letter of 0. E.ogrovrn. The co.maunica.tions were read and acted upon as follows: A petition representing 124 lot owners on Balboa Island asking that the break in the seawall on the northwest corner of Balboa Island be repaired, eras taken up, and some of the property owners were present and stated there was urgent need for such improvement. After carfully considering the matter on motion of Councilman Hilmer seconded by Councilman Claire and carried, the City Engineer was instructed to make temporary provision for keeping the seawater out until such time as more permanent improvements can be arranged for.