HomeMy WebLinkAbout08/01/1932 - Regular Meeting426
NE17 BUSINESS
tee;
On motion of Councilman Claire, seconded by Councilman Garfield
and carried, the monthly demands having been duly audited and endorsed by
the Finance Committee, were allowed and warrants ordered drawn for same.
On motion of Councilman Ellsworth, seconded by Councilman Garfield
and carried, the proposed budget of the Newport Harbor Chamber of Commerce
as submitted, was approved.
City Attorney Thompson introduced a Resolution to be presented to
the County Board of Supervisors of Orange County, requesting that a certain
sum due the City of Newport Beach as its just proportion of the Motor
Vehicle Fund be appropriated. The Resolution was designated No. 747
and on motion of-Councilman Claire, seconded by Councilman Garfield, the
Resolution was passed by the following roll call vote to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None
ABSENT: Councilmen None.
There being no further business to come before the Council, a
motion was made by Councilman Claire, seconded by Councilman Ellsworth and
carried that an adjournment be taken Sine Die.
Mayor of the City of Newport Beach
proved LL�
C/i�rtty Clerk.
City Hall, Newport Beach, August 1, 1932.
The City Council of the City of Newport Beach met in regular
'
session at 7:30 o'clock P. M. on the above date, Mayor Hilmer presiding.
The roll was called showing the full Council present with the
exception of Councilman Garfield.
The minutes of the previous meeting of July 4th were read and
approved as read.
The reports of the heads of Departments were read and on motion
of Councilman Claire, seconded by Councilman Ellsworth and carried, the
reports were accepted as read and the same were ordered filed.
Councilman Gordon reporting as a special committee in reference
to the proposed ordinance in behalf of the Newport Beach Fishermen's
Protective Association, advised that the said Association had not yet
received their charter and that the matter would be brought up at the
next meeting of the City Council.
Assistant City Engineer Siegel presented a communication in which
.
he stated that the unfinished work in tract No. 626 as mentioned in City
Engineer Patterson's letter of July 2nd had been completed and advised
the acceptance of same, and on motion of Councilman Claire, seconded by
Councilman Ellsworth and carried, the acceptance of the work was approved
and the liability bond of the Otto G. Wildey Company was ordered released.
Assistant Engineer Siegel reported on the proposed improvement
of certain alleys on Balboa Island, stating that out of 265 letters
mailed to property owners effected by the improvement, 134 had indicated
they were not in favor of same; 61 were favorable; 6 letters were
returned and'64 unaccounted for and on motion of Councilman Claire,
seconded by Councilman Ellsworth and carried, the City Clerk was requested
to inform Messrs. Booth and Bitzmiller, petitioners for the improvement
of the above result.
G. V, McLeod, Secretary of the Newport Harbor Chamber of
Com -merce asked that the recommendation of the Board of Directors that
certain sums be added to the Boy Scout and Broadcasting items of the
advertising budget be allowed, and on motion of Councilman Claire,
seconded by Councilman Ellsworth and carried, the samd" "approved plus an
additional amount of $50.15 for various itemsof advertising.
427
City Treasurer J. A. Gant reported on the purchase of certain
property at tax sale, and on motion of Councilman Claire, seconded by
Councilman Gordon and carried the action was approved; the matter of
title was referred to the City Attorney and a demand was ordered drawn
covering the cost of the transactions.
It was moved by Councilman Claire, seconded by Councilman
Ellsworth and carried that the deeds for the property bid in at tax sale
by Treasurer Gant be referred to City Attorney Thompson for the purpose
of having the title brought down.
A resolution was read concerning the distribution of funds
accruing from the Motor Vehicle Fuel and Tax-Acts, the same was discussed
at length by Mayor Hilmer and members of the City Council, the resolution
also being reviewed by the City Attorney, and on motion of Councilman
Claire, seconded by Councilman Ellsworth-and carried., the matter was laid
on the table until the next meeting.
Letters from the League of Municipalities were read and
considered and on motion of Councilman Claire, seconded by Councilman
Ellsworth and carried the communications were ordered filed.
Leon S. Heseman, Secretary of the Newport Harbor Yacht Club
presented a letter in which reference was made to assessments made by the
County of Orange and the City of Newport Beach against certain boats in
Newport Bay, and on motion of Councilman Claire, seconded by Councilman
Gordon and carried, the City Clerk was requested to communicate the
facts to Mr. Heseman, togetherwith an explanation of the matter.
It was moved by Councilman Claire,, seconded by Councilman
Ellsworth and carried that the letter from Secretary Heseman be filed.
An application for a permit to conduct a game of skill known
as 'Pig Derby" at 240 Main Street,, Balboa, was on motion of Councilman
Claire, seconded by Councilman Ellsworth and carried, allowed subject
to the approval of Chief of Police Hodgkinson.
Applications for liquor permits, subject to future legalization,
were presented by W. L. Jordon and J.J.. Schnitker, and on motion of
Councilman Ellsworth, seconded by Councilman Claire aid carried the
applications were ordered filed.
A. P. Nelson made application for the appointment as City
Attorney of Newport Beach, subject to there being a vacancy in that
' position, and on motion of Councilman Claire, seconded by Councilman
Ellsworth and carried the application was ordered filed.
The application of the Seaside Oil Company for permission to
operate a barge in Newport Bay for dispensing gasoline and other oil
products, was on motion of Councilman Claire, seconded by Councilman
Ellsworth and carried, denied.
E. P. Marcher filed a complaint against one of the City employees
and on motion of Councilman Claire, seconded by Councilman Ellsworth.and
carried itwas referred to Fire Chief Crocker for investigation.
Fred Kurvink's application fora permit to install underground
storage tanks for gasoline at 31st Street and Central AQe., was on
motion of Councilman Claire, seconded by Councilman Ellsworth and carried,
allowed subject to the approval of the Fire Chief.
A petition containing numerous names was presented praising
the City Camp Ground and the courteous treatment accorded the campers
by the Camp Custodian and his assistants, and on motion of Councilman
Claire, seconded by Councilman Ellsworth and carried, the petition was
ordered filed.
UNFINISHED BUSINESS
The application of B. S. Cummings for permission to construct a
pleasure pier abutting his property on the Rivo Alto in the Canal Section
was on motion of Councilman Claire, seconded by Councilman Ellsworth and
darried, allowed, the City Engineer having approved the same.
On motion of Councilman Claire, seconded by Councilman Gordon,
and carried, the regular order of business was suspended for the purpose
of considering the matter of Acquisition and Improvement District No. 2
of.the City of Newport Beach, California.
Councilman Claire offered and moved the adoption of Resolution
No. 748 entitled, "Resolution Appointing and Designating Attorney in
place of the Attorney heretofore appointed in the,matter of %cquiBition
and Improvement District No. 2 of the City of Newport Beach, California
on the 6th day of October, 1930." which motion was seconded by Councilman
Ellsworth and carried by the following vote:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer
NOES: Councilmen None.
ABSENT: Councilman Garfield.
428
Councilman Claire moved the adoption•of the following order to- wit-'
That Thomas S. Bunn the attorney in the "Matter of Acquisition and Improvemen5
District No. 2 of the City of Newport Beach, California ", be and he is hereby
authorized and directed to file a dismissal of the condemnation action
entitled "City of Newport Beach versus Ida B. McInnes et al, case No. 25530,
now pending in the Superior Court of 'the State of California in and for the
County of Orange, and also to serve a notice of such dismissal upon the
answering defendants, and report to,this City Council the amount or amounts
filed by the said answering defendants as costa. Said motion was seconded
by Councilman Ellsworth and carried by the following vote:
AYES: Councilmea,-�- -_; =T Claire, Ellsworth, Hilmer.
NOES: Councilmen. - Gordon.
ABSENT: Councilman Garfield. ,
I, Frank L. Rinehart, City Clerk of the City of Newport Beach,
do hereby certify that the foregoing -Resolution was duly and regularly
passed by the above roll call vote, by the City Council of the City of
Newport Beach at a regular meeting held on the First day of August, 1932•
to -wit: Councilman Claire moved the adoption of the following order
That. the Mayor of the City of Newport Beach be and he is hereby
authorized and instructed to sign and file with the County Clerk of Orange
County, California, in due and proper form, a substitution of attorney
for the plaintiff in the Superior Court action entitled: "City of Newport
Beach, plaintiff versus Ida B. McInnes et al., defendants, No. 25530"
wherein and whereby Thomas S. Bunn of Los Angeles, California, is
substituted as attorney for the City of Newport Beach, plaintiff in said
action, in the place and stead of the former attorney of record for the
plaintiff, Arthur B. Ells, now deceased. Said motion was seconded by
Councilman Ellsworth and upon roll call was adopted by the following
vote, to-wit:
AYES: Councilmen,-- -= - -T- Claire, Ellsworth, Hilmer.
NOES: Councilmen Gordon.
ABSENT: Councilman Garfield.
On motion of Councilman Ellsworth, seconded by Councilman
Claire and carried that the regular order of business be resumed.
UNFINISHED BUSINESS:
Failure of Fred J. Addison and Carl.Soldano to comply with
the terms of their lease granted by the City of Newport Beach for certain
consessions on the Balboa pier, Resolution No. 749 terminatickg the
tenancy of the above named lessees was on motion of Councilman Ellsworth,
seconded by Countilman Claire, adopted by the following roll call vote,
to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Hilmer.
NOES: Councilmen,None.
ABSENT: Councilman Garfield.
It was moved by Councilman Ellsworth, seconded by Councilman
Gordon and carried that, Valdemar Sorrenson be granted the bait concession
on the Balboa pier, the City Attorney being instructed to prepare the
lease and contract in connection therewith.
On motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, the City Treasurer was instructed to sign before a Notary
and file with the referee in bankruptcy the claim of the City of Newport
Beach against Roy Thomas, adjudged bankrupt.
NEW BUSINESS
The monthly demands having been duly audited by the finance
committee, were on motion of Councilman Claire, seconded by Councilman.
Ellsworth and carried allowed and warrants ordered drawn for same.
It was moved by Councilman Claire, seconded by Councilman
Ellsworth and carried that the revised library budget be adopted.
On motion of Councilman Claire, seconded by Councilman
Ellsworth and carried, City Attorney Thompson was instructed to ascertain
whether or not the City could carry liability insurance other than that
furnished by the State Compensation Insurance Fund.
It was moved by Councilman Gordon, seconded by Councilman Claire
and carried, that Harry Hyde be appointed as Night Clerk of the Police
Department at a salary of $100.00 per month.
429
On motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, the tax refund on the American Legion building was allowed.
ORAL COMMUNICATIONS:
Reuben Cole addressed the Council in regard to the lack of
meters on certain water consumers, and on motion of Councilman Gordon
seconded by Councilman Ellsworth and carried, the Water Committee was
instructed to make a report showing the percentage of consumers with meters.
L. 17. Briggs spoke about the noisy motor boats on the Bay and
on motion of Councilman Claire, seconded by Councilman Gordon and carried,
the Police Committee was requested to instruct the Harbor Master to.abate
the open muffler nuisance, warning signs to be posted at designated points.
There being no further business to come before the Council it
was moved by Councilman Claire, seconded by Councilman Ellsworth and
carried that an adjournment be taken Sine Die.
roved; Se 1932
City Clerk
Mayor of the City of Newport Beach
City Hall, Newport Beach, September 5, 1932
The City Council of the City of Newport Beach met in regular
session at 7:30 o'cld.ck p m on the above date with Mayor Hilmer in the
chair.
The roll was called showing the full council present with
exception of Councilman Garfibld whose absence was due to illness.
The minutes of the previous meeting were read, corrected,
the
and
approved.
The reports of the Heads of Departments were read and on motion
of Councilman Ellsworth, seconded by Councilman Claire and.carried, the
reports were accepted as read and ordered filed.
SPECIAL COMMITTEES:
Councilman Gordon reporting for the Water Committee in regard
to meter installations which was brought up at the previous meeting
submitted a report from Water Superintendent Patterson showing the number
of comsumers with meters and flat rates from January 1929 to August 1932
to be followed by a more detailed report later. On motion of Councilman
Claire, seconded by Councilman Ellsworth and carried the report was
accepted and ordered filed. .
City Attorney Thompson reported verbally, that any compensation
insurance carried by the City must, for legal reasons, be with State
Compensation Insurance Fund.
City Attorney Thompson reported in connection with the Newport
Beach Fishermen's Protective Association, now a corporation, outlining
certain qualifications required for membership therein and requested
that the City Council grant the Association exclusive pier privileges.
It was moved by Councilman Gordon, seconded by Councilman Ellsworth and
carried that an agreement between the Fishermen's Association and the
City of Newport Beach embodying the above be drawn by the City Attorney
and presented to the City Council for approval.
City Attorney Thompson asked permission from the City Council
to file an amended suit in the Corona Del Mar action in order to include
more property and it was moved by Councilman Claire, seconded by Councilman
Ellsworth and carried that the request be granted.
COMMUNICATIONS:
Haim M. Perez in a letter to the Council complained of the City's
business license ordinance, Mr. Perez also addressed the Council in this
regard and alleged that Ordinance No. 216 was not being enforced. Some
discussion folllwed in which Mayor Hilmer, City Attorney Thompson, Chief
of Police Hodgkinson and License Collector Summers participated. It was
moved by Councilman Claire, seconded by Councilman Ellsworth and carried
that the communication be filed.