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HomeMy WebLinkAbout06/03/1935 - Regular Meeting128 Cn Newport Beach, June 3, 1935• The City Council of the City of Newport Beach met in regular session in the City Council Chambers of the City of Newport Beach at 7:30 P. M. on above date, with Mayor Hilmer presiding. The roll was called showing the full Council present. REPORTS OF HEADS OF DEPARTkENTS The report of the City Treasurer was read, and on motion ' of Councilman Claire, seconded by Councilman Gordon and carried, the report was accepted; reading of the reports of other Heads of Departments dispensed with, and all the reports ordered filed. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the regular order of business was suspended in order to allow Mr. Gerard, Recreational Supervisor of the SERA to address the Council concerning an appropriation of one thousand dollars from the City's funds for the purpose of establishing and maintaining playground areas in the City. The matter was laid over to be taken up under New Business. On motion of Councilman Gordon, seconded by Councilman Garfield and carried, the regular order of business was resumed. REPORTS OF SPECIAL COMMITTEES. None. REPORTS OF STANDING COMMITTEES Councilman Ellsworth of the Street Committee reported on the proposed construction of a comfort station for the Corona del Mar district; the City Engineer presented a tentative plan and estimate in connection with the same, suggesting a location at the foot of Heliotrope Avenue. City Attorney Thompson cautioned the Council against a location on a public street which might invite a possible injunction from the use of same. H. L. Davis of Corona del Mar ' addressed the Council concerning the project and suggested the foot of Fernleaf Avenue as a suitable site. On motion of Councilman Claire emergency Ordinance No. 569, being a resolution of the City Council of the City of Newport Beach that the public interest and necessity demand the immediate expendit- ure of public money to safeguard life, health and property from the unsanitary conditions existing, by reason of the total lack of toilet and comfort station facilities on the public beaches at Corona del Max be passed to the second reading. The motion was duly seconded by Councilman Gordon. At this juncture the Council was addressed by Mr. Empey representing a certain Land Corporation owners of property at Corona del Mar and advised against the establishing of anything that might detract from private property interests. H. Da. Davis also addressed the Council again about the matter. The resolution was passed to the second reading by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Councilman Gordon reported on the proposed repairs to the building located on Lot 15, Block 26, Balboa Eastside Addition, owned by Mrs. M. Macculloch, the same being situated in the area recently zoned for residential purposes only. City Attorney Thompson advised , that repairs could be made to the extent of 40% of the assessed valuation. Mrs. Macculloch addressed the Council regarding the matter and was advised to take the same up with the Planning Commission. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the question was referred to the Planning Commission. 129 COMMUNICATIONS J. A. Gant, City Auditor presented a statement concerning the taxes and assessments due on Block H and Block 436, Corona del Mar in connection with a communication from L. P. Sims in regard to the establishing of a civic center and municipal playground at Corona del Mar. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the report was accepted and the matter laid on the Table. The request of J. A. Gant, City Auditor, that two hundred ' dollars be transferred from the Current Expense fund to the Library Fund for the purpose of meeting a deficiency due to the lighting expense of the rest rooms, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, allowed. The request of City Auditor Gant for the permanent employmet of Lela Schwartz to fill the vacancy due to the resignation of Nell Ashby, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, approved. The application of A. W. Murphy for a license to conduct a lunch room in the Balboa Pavilion, having been approved by the Health Officer, was on motion of Councilman Claire, seconded by Councilman Garfield and carried, allowed. The application of George Phillips for a license to operate a Tango game in the Macculloch Building at 115 Main Street,'Balboa, was presented. Councilman Gordon suggested that certain regulations administered by the Police Committee should be adopted for the control of games. On motion of Councilman Claire, seconded by Councilman Garfield the application was allowed by ti-e following roll call vote to -wit: AYES: Councilmen Claire, Garfield, Hilmar. NOES: Councilmen Gordon, Ellsworth. ABSENT: Councilmen None. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the City Attorney was instructed to prepare an Emergency ' Ordinance whereby the Police Committee would be given power to recommend to the City Council certain regulations pertaining to all games. The application of Victor Fleming for permission to construct an extension of twenty -four feet to an existing pleasure pier fronting on Lot 31, Tract 756, was on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, referred'to the City Engineer. The communication of Major H. H. Stickney, U. S. District Engineer, regarding the application of the Irvihe Company for permission to fill a certain area between U. S. Bulkhead Stations Nos. 104 and 105 on the easterly side of Newport Bay, was on motion of Councilman Garfield, seconded by Councilman Gordon and carried, ordered filed. The communication of ivrs. W. I. Williams to submit a bid for certain city owned property in Corona del Mar for the purpose of erecting a church thereon, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, laid over to New Business and the City Clerk instructed to notify the applicant that the property in question would be advertised for bids. The invitation of the Santa Ana Chamber of Comnerce for the City Council to attend a trip of inspection of the Long Beach and Los Angeles Harbors in connection with foreign trade activities was, on motion of Councilman Garfield, seccnded by Councilman Gordon and carried, ordered filed and those wishing to attend to notify the City Clerk: UNFINISHED BUSINESS The applications of E. North and Flora Howes Farwell for permission to construct pleasure piers fronting on Lot 70, Tract 907 Lido Isle and Lot 10, Block 17, Balboa Eastside Addition, having been approved by the City Engineer, were on motion'of Councilman Claire, seconded by Councilman Garfield and carried, allowed. H. M. Davis addressed the Council in regard to the application of the Irvine Company to fill a certain area on the easterly side of Newport Bay. 130 NEW BUSINESS The monthly demands having been duly audited by the Finance Committee, were on motion of Councilman Claire, seconded by Councilman Garfield and carried, alloived' and warrants ordered drawn for same. The demand and request of the Newport Harbor Post of the American Legion for refund of taxes on the improvements occupied by the Post, was on motion of Councilman Claire, seconded by Council- man Gordon and carried, allowed, and the City Attorney instructed to write a report regarding same. On motion of Councilman Claire, seconded by Councilman , Ellsworth and carried, the City Clerk was instructed to advertise for sale at the highest bid, all city owned lots not in use. City Attorney Thompson reported on the matter of quieting title on certain property acquired by the City, and on motion of Councilman Gordon, seconded by Councilman Claire and carried, the City Attorney was instructed to secure policies of insurance'on same. City Attorney Thompson presented for final passage Ordinance No. 434 amending License Ordinance No. 393 and adding two sections thereto to be known as and numbered respectively 93a and 93b, said ordinance relating to the selling at retail or wholesale of floral merchandise. On motion of Councilman Claire, seconded by Councilman Garfield, the ordinance was adopted by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. . NOES: Councilmen None. ABSENT: Councilmen None. Emergency Resolution No. 590, being a resolution authorizing the City Engineer to immediately contract with the Standard Dredging Company for depositing of dredged material's on the beach area between 12th Street and 19th Street and south of the levee constructed by authority of the City Council and also approving the appropriation of $6,000.00 for the purpose. On motion of Councilman Claire,seconded ' by Councilman Garfield, 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. 591,'tokether with an agreement between the City of Newport Beach and the Western Union Telegraph Company granting the latter an easement for certain purposes and under certain conditions upon and along property owned by the City of Newport Beach, was read, and on motion of Councilman Claire, seconded by Councilman Garfield, 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. 592, authorizing the kayor and City Clerk to execute on behalf of the City of Newport Beach a contract for furnishing water to the Standard Stations Inc., under certain conditions, was presented and on motion of Councilman Gordon, seconded by Councilman Garfield 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. City Engineer Patterson presented the matter of requesting , from the Board of Supervisors of Orange County an allocation of certain funds to the City of Newport Beach from the Gasoline Fund Tax, said funds amounting to g$1,057.25 comprising the itemized statement filed by the City Engineer for certain street construction and maintenance on Ocean Avenue between 12th Street and 20th Street. Resolution No. 693 directing the Mayor to approve in writing said expenditures was 131 presented and on motion of Councilman Claire, seconded by Councilman Garfield, 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. City �t Engineer Patterson presented his approvel of the install- ation of the 10" concrete water main by the National Cement Pipe Company and recommended that the contract be accepted and that payment be made in accordance therewith. On motion of Councilman Garfield, seconded by Councilman Gordon and carried, the report of the City Engineer was .accepted, the demand for payment allowed and a warrant ordered drawn for same. City Engineer Patterson presented the demand in favor of the National Cement Pipe Company for making certain repairs to water mains damaged by trucks owned by a certain oil company. On motion of Councilman Garfield, seconded by Councilman Claire, and carried, the demand was allowed and a warrant ordered drawn for .same. On motion of Councilman Garfield,. seconded by Councilman Claire and carried, the City Attorney was instructed to write to the parties responsible for the damage done to the City water main. City Engineer Patterson presented a list of projects in connection with the possible allocation of funds by the United States Government from the Public Works Projects fund. The matter was discussed at length, the proposed sea wall around Balboa Island was deemed to be the most impDrtant of the various projects outlined, and on motion of Councilman Claire, seconded by Councilman Gordon and carried, the Mayor was instructed to inform the property owners -of Balboa Island in regard to the matter and the necessary proceedure required to ,secure Federal assistance. On motion of Councilman Claire, seconded by Councilman Gordon and carried; the City Engineer's report on the various proposed projects was referred to the Planning Commission. J. A. Gant, City Tax Collector presented the delinquent list ' as prepared for advertising of all property delinquent for taxes and assessments for the fiscal year July 1, 1934 to June 30, 1935. On motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the letter of explanation accompanying the list was ordered filed. The-budget for the fiscal year of 1935 -36 was presented, and on motion of Councilman Claire, seconded by Councilman Garfield and carried, the same was adopted with the exception of the budget for the Electrical Department and the Harbor :aster's Department. It was moved by Councilman Claire that the budget in the amount of $12,000.00 for the Electrical Department be approved, the motion was seconded by Councilman Ellsworth and carried by the following roll call vote, to -wit: AYES: Councilmen Ellsworth, Garfield, Hilmer. NOES: Councilmen Gordon, Claire. ABSENT: Councilmen None. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the proposed budget as submitted by the Directors of the Newport Harbor Chamber of Commerce was laid on the tabli5 until the next meeting. City Engineer Patterson presented the lease contract between the City of Newport Beach and the Byron- Jackson Corporation relating to the purchase by the City of Newport Beach under time payment plan certain pumping plant equipment. Resolution No. 894 authorizing the Bayor and City Clerk to execute said contract on behalf of the City of Newport Beach was presented and on motion of Councilman Garfield, seconded by Councilman Ellsworth, 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. 132 It was moved by Councilman Ellsworth and seconded by Councilman Gordon that the City Clerk be instructed to not issue licenses from July 1, 1935 for any games of. the type and character of skill ball, tango, flasher, or any game played with cards, dice or by means of any device whereby the player profits by anything.of value from such games, and that an Emergency Ordinance be enacted prohibiting such games. It was moved by Councilman Gordon that the motion of Council- man Ellsworth be amended to allow games of the type and character described in said motion and now existing in the.City of Newport Beach, to continue in operation until January 1, 1936, at which time the said games to be prohibited from operating in the City of Newport Beach, and further that License Ordinance No. 393 be amended to provide that semi - annual licenses may be issued from July 1, 1935 respecting such games. The amendment to the motion of Councilman Ellsworth was seconded by Mayor Hilmer and carried by the following roll call vote, to -wit: AYES: Councilmen Gordon, Claire, Garfield, Hilmer. NOES: Councilmen Ellsworth. ABSENT: Councilmen None. . The motion of Councilman Ellsworth as amended by the motion of Councilman Gordon was passed 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 Ellsworth, seconded by Councilman Gordon, Ordinance No. 435, being an ordinance declaring it unlawful after the First day of January 1936 to operate any game of skill ball, tango, flasher, mechanical game, or any game played vzith cards, dice, marble games, punch boards, slot machines or games of similar character which yields articles of any nature representative of value, was passed to the second reading. ADJOURNMENT 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 to 10 o'clock A. M. Saturday June S, 1935• Mayor of the City of Newport Beach Councilman a C" 7