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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.