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HomeMy WebLinkAbout09/03/1934 - Regular Meeting62 Newport Beach, September 3, 1934. The City Council of the City of session in.the City Council Chambers of th 7:30 p. m. on above date with Mayor Hilmer The roll was called showing the REPORTS OF HEADS OF DEPARTMENTS Newport Beach met e City of Newport in the Chair. full Council present. in regular Beach at The report of City Treasurer Gant was read and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted, the reading of the reports of other Heads of Departments dispensed with, and all reports ordered filed, City Treasurer Gant presented a report outlining the settlement of the City's secured funds in the closed Bank of Balboa, and on motion of Councilman Claire, seconded-by Councilman Gordon and carried, the report was approved and the report ordered filed with the other reports. REPORTS OF STANDING COMMITTEES Councilman Gordon, Chairman of the Police Committee, reported on the extra help in that department for the month of August and stated that the report on the dog situation was not ready for submission to the Council. The matter of vacations in the Police Department was brought up, Councilman Gordon asking the City Attorney for a ruling in connection therewith, and stated that the vacations should be so arranged that no inconvenience to the Department would result therefrom. The question of vacations for other City employees was discussed and it was moved by Councilman Gordon that all City employees be given two weeks vacation with full pay, the vacations to be arranged by Heads of Departments that no inconvenience or inefficiency would be incurred thereby. The motion was duly seconded by Councilman Ellsworth, the same being designated as a MINUTE RESOLUTION And was approved by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. I, Frank L. Rinehart, hereby affirm that I am the duly elected Clerk of the City of Newport Beach, and that the above MINUTE RESOLUTION was adopted by the City founcil at ular meeting held on September 3, 1934,,0 a _110 1 J City Clerk On motion of Councilman Claire, seconded by Councilman Garfield and carried, the report of Councilman Gordon relating to extra help was ordered filed. City Attorney Thompson rendered a verbal report on the question of legality of the new games now being played in the City, the report indicating that the games were strictly games of skill and harmless and not gambling. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Attorney's report was ordered filed. REPORTS OF SPECIAL COMMITTEES None. COMLUNICATIONS A letter from Edgar L. Martin a Los Angeles Attorney was read, the letter containing a list of sixteen alleged infractions of the election laws of the State of California as pertaining to an election held in the City of Newport Beach on April 9, 1934. No mention was made of the parties said to have violated the election laws, nor of the clients represented by the above named attorney. The communication requested that the City Council pass a resolution demanding an investigation of the matter on the part of the District Attorney of Orange County. At this juncture Milton L. Castleman, who officiated as Inspector of Newport Beach Precinct No. 3 at the municipal election of April 9, 1934 addressed the Council on the matter of the accusations 63 made by Attorney Martin in regard to the alleged election law violations as set forth in his letter to the Mayor and City Council and demanded that a list of those making the addusations be revealed in order that the proper recourse in the courts might be had by himself and other members of the election boards of the City. Mayor Hilmer advised that it was not within the province of the Council to make such a_demand•upon Attorney Martin, but that the same might be taken up directly by the applicant. Councilman Ellsworth introduced a resolution which directed the said Los Angeles Attorney to turn over to the District Attorney of Orange County, all information he may have in his possession relative to any offense or offenses committed at said municipal election of ' April 9, 1934 and that he also file in the office of the District Attorney of Orange County, California, a list of the clients whom he represents. The resolution was read and designated Resolution No. 940, the same being duly seconded by Councilman Claire and adopted by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Clerk was directed to file with the District Attorney of Orange County a copy of the resolution pertaining to the alleged election law violations, together with a copy of Attorney Martin's letter and file the original. Street Superintendent Patterson's report of the extra help employed in that department during the month of August was read, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the same was acdepted• and ordered filed. The application of F. P, Brackett for a permit to construct a landing and steps along the sea wall fronting on Lot 1, Block-1, Section 1, Balboa Island, was on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, referred to the City Engineer for report. The application of Reuben Cole for a permit to remodel certain slips at Cole's Boat Yard, fronting on the Westerly 100 feet of Lot G, Tract 919; was on motion of Councilman Ellsworth, seconded by ' Councilman Garfield and carried, referred to the City Engineer for report. E. G. Greeley presented an application together with a Money Order for the first years rental of the City Dump Ground requesting a lease of same for the ensuing year -from September lst, 1934 and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Attorney was instructed to prepare the necessary contract between the applicant and the City of Newport Beach. Petitions bearing in excess of 75 names of Balboa Island residents and property owners were presented requesting the City Council to take the necessary steps to build a sandy beach-around the Island from the material derived from the projected harbor improvement, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the matter was referred to the City Engineer. Conrad H. Shook, Clerk of the Newport Beach Grammar School Board, reauested in a letter to the Council that permission be granted the School. Board to barricade, during school hours, a portion of 15th Street from 30 to 40 feet south of Central Avenue to the Ocean Front, f and on motion of Countilman Claire, seconded by Councilman Ellsworth and carried, the request was granted subject to the approval of the property owners concerned. Valdemar Sorenson presented a petition bearing 37 names of business men of Balboa requesting that the Council make the necessary changes in the license granted to Mr. Sorenson that would enable him to sell all kinds of bait on the Balboa pier, thus permitting him to ' remain open during the winter months, the license at present allowing only the sale of 'live bait'. Mr. Sorenson addressed the Council concerning the matter and on motion of Councilman Claire, seconded by Councilman Garfield and carried, it was referred to the Street Superintendent for report. A. B. Rousselle presented a letter and petition bearing approximately 400 names of property owners, voters and citizens of Newport Beach, protesting the licensing of so- called gambling games within the City, Mr. Rousselle addressing the Council at length regarding the same. Rueben Cole and J. P. Greeley also addressed the Council favoring the games. Councilman Gordon stated that the wishes I of the people should be respected in the matter and moved that the petition be laid on the Table in order to allow those in favor of the games to present their side of the case, and asked the City Attorney for a written opinion as to the legality of the games in question. The motion was seconded by Councilman Claire and carried. On motion of Councilman Gordon, seconded by Councilman Ellsworth and carried, the City Attorney was instructed to furnish a written opinion on all games operating in the City. Wm. J. Brown of Brown's Boat Service presented a letter asking for permission to lease mooring rights on the Northwest corner of Newport Bay running West from the County dock for two - hundred feet, then South parallel to Central Avenue for two - hundred feet to the Central Avenue bridge. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the application was ordered filed and the City Clerk instructed to advise Mr. Brown to the.effect that the City Council had no jurisdiction in the matter. H. Coulthurst in a letter to the Council asked that the zoning restrictions be changed in order.to allow the construction of small cottages for rental purposes, on motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the City Clerk was instructed to send the applicant copies of the Zoning and Fire Ordinances. C. A. Warner of 1401 West Bay Avenue, complained in a letter to the Council about the disagreeable odors from the 14th Street sewage pumping station, and on motion of.Councilman Claire, seconded by Councilman Garfield and carried, the matter was referred to the City Engineer. City Attorney Thompson presented a communication and map from the Land Corporation Company, Ltd. forbidding the depositing of materials upon certain properties owned by said corporation at Corona del Mar. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the communication was ordered filed. Claude A. Pullen addressed the Council regarding the appointment of a Harbor Commission advising the enactment of an ordinance providing for same, also suggesting the name of George A. Rogers as President of said body if and when created. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Attorney was authorized and instructed to prepare an ordinance creating and providing for the appointment of an Advisory,Harbor Commission consisting of five or seven members, same to be presented at the next meeting of the'Council. UNFINISHED BUSINESS Reuben Cole addressed the Council requesting the appointment of an Assistant Harbor Master due to the increased duties in that Department. No action was taken on the subject. City Attorney Thompson presented the Tax Resolution for the ensuing year, being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, FIXING THE RATE PER CENTUM AND LEVYING %A TAX UPON ALL OF'THE TAXABLE PROPERTY WITHIN THE CITY OF NEWPORT BEACH WHICH IS TAXABLE THEREIN FOR MUNICIPAL PURPOSES. The resolution was read, considered and designated Resolution No. 841 the adoption of same being moved by Councilman Claire, duly seconded by Councilman Garfield and passed by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. The monthly demands having been duly audited by the Finance Committee, on motion of Councilman Claire, seconded by Councilman Garfield, and carried, the same were allowed and warrants ordered drawn for same. Resolution No. 842 was presented, being: A RESOLUTION GRANTING A PERMIT TO THE UNITED STATES OF AMERICA TO ERECT, CONSTRUCT, MAINTAIN AND USE A TEMPORARY'RAYLROAD FOR THE PURPOSE OF HAULING ROCK AND OTHER MATERIALS OVER AND ALONG THOSE PORTIONS OF PUBLIC STREETS OF THE CITY OF NEWPORT BEACH IN CONNECTION WITH THE.BUILDING OR REPAIRING OF JETTIES. L 6.5 On motion of Councilman Ellsworth, seconded by Councilman Claire, the resolution was adopted by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen .None. Resolution No. 843, was presented, being: A RESOLUTION GRANTING PERMISSION TO THE UNITED STATES OF AMERICA TO LAY PIPE LINES, CONDUITS AND OTHER EQUIPMENT FOR THE CONVEYANCE OF WATER AND DREDGED MATERIALS OVER, UNDER AND ALONG PUBLIC ' STREETS, ALLEYS AND LANDS OF THE CITY OF NEWPORT BEACH. The adoption of the resolution was moved by Councilman Ellsworth, seconded by Councilman Claire and passed by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 844, was presented, being: A RESOLUTION GRANTING PERMISSION TO THE UNITED STATES OF AMERICA TO DEPOSIT DREDGE MATERIALS ON CERTAIN TIDE OR SUBMERGED LANDS, OR OTHER LANDS OF THE CITY OF NEWPORT BEACH IN CONNECTION WITH THE IMPROVEMENT OF NEWPORT HARBOR BY THE UNITED STATES OF AMERICA. The adoption of the resolution was moved by Councilman Ellsworth, seconded by Councilman Claire and passed by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. .NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 845 was presented, being: A RESOLUTION GRANTING PERMISSION TO THE UNITED STATES OF AMERICA TO HAUL, TRUCK AND TRANSPORT ROCK AND OTHER MATERIALS FROM THE SOUTHERN PACIFIC STATION AT 26th STREET AND CENTRAL AVENUE IN ' THE CITY OF NEWPORT BEACH, OVER THE CITY STREETS OF THE CITY OF NEWPORT BEACH, IN CONNECTION WITH THE IMPROVEMENT OF NEWPORT HARBOR BY THE UNITED STATES OF AMERICA. The adoption of the resolution was moved by Councilman Ellsworth, seconded by Councilman Claire, and passed by the following roll call vote, to-wit: AYES: Councilman Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 846 was presented, being: A RESOLUTION GRANTING PERMISSION TO THE UNITED STATES OF AMERICA TO USE CITY PROPERTY FOR THE PURPOSE OF STORING MATERIALS AND EQUIPMENT IN CONNECTION WITH THE IMPROVEMENT_OF NEWPORT HARBOR BY THE UNITED STATES OF AMERICA. The adoption of the resolution was moved by Councilman Ellsworth, seconded by Councilman Garfield and passed by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. City Water Superintendent Patterson reported on the matter of making a temporary connection with, and the purchase of water from the Laguna Beach Water system, and on motion of Councilman Claire, ' seconded by Councilman Garfield and carried was instructed to proceed in the matter. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the City Auditor was instructed to secure a bond for the Camp Custodian in the sum of $1,000. City Engineer Patterson presented a request from the Southern California Telephone Company for permission to install lines under the bridge connecting Balboa Island with the mainland, and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the permit was granted. MM ADJOURNMENT There being no further business to come before the Council a motion to adjourn to 7;30 p. m. September 17, 1934 was made by Councilman Claire, seconded by Councilman•Ellsworth and carried. .. • . 0A "- �-- Ma of the City of Newport Beach Councilman Councilman Councilrri a' Councilfian Newport Beach, September 17, 1934• The City Council of the City of Newport Beach met in regular adjourned session in the City Council Chambers of the City of Newport Beach at 7 :30 o'clock on above date with Mayor Hilmer in the Chair. The roll was called showing the full Council present, with the exception of Councilman Claire who was absent. REPORTS OF SPECIAL COMMITTEES City Attorney Thompson who was requested at the previous meeting to draft an ordinance creating a Harbor Advisory Commission, submitted a written opinion indicating that the City of Newport Beach had no jurisdiction in the matter; the Board of Supervisors of Orange County being vested with that authority, and further that an Act of Legislature would be necessary for the formation of a Harbor Commission, said Act to be done only upon the joint request of the County of Orange and the City of Newport Beach. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the opinion of the City Attorney was laid on the Table for consideration later. REPORTS OF STANDING COMMITTEES Councilman Ellsworth of the Street Committee reported on the petition and application of Valdemar Sorenson asking for permiebton to sell both live and salted bait on the Balboa pier, recommending that the license of Mr. Sorenson remain as at present which provides for the sale of live bait only, other Balboa establish- ments opposing the privilege. Mr. Sorenson addressed the Council regarding the matter and after some discussion, it was moved by Councilman Ellsworth, seconded by Councilman Garfield and carried, to lay the matter on the Table for consideration at the next meeting. Mayor Hilmer addressed the Council concerning the erosion of the beach at the Seashore Colony Tract and Tract 518, stating that it was necessary for the City to do something to protect property in those sections, and on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the necessary expenditure was allowed in the emergency of saving the homes of property owners. Water Superintendent Patterson suggested that emergency work on an eight inch water line along Coast Boulevard to replace the line destroyed by the tides along the shore, be undertaken immediately in order to provide water and furnish fire protection in the Seashore Colony Tract. On motion of Councilman