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HomeMy WebLinkAbout09/30/1935 - Adjourned Regular Meeting156 AP aED: City Clerk The City Council of adjourned session in the City Beach at 7:30 o'clock P. M. o Chair. Dune n _ o ' Councilman Councilman Newport Beach, September 30, 1935 the City of Newport Beach met' in regular Council Chambers of the City of Newport n above date, with Mayor Hilmar in the The roll was called showing the full Council present, with the exception of Councilman Claire who was absent. On motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the regular order of business was suspended in order to consider the report of the City Engineer respecting 6ertain proposed improvements, to -wit: the construction of a wooden bulkhead to protect Channel Road and.the construction of a concrete bulkhead and appurtenances around portions of Balboa Island. Pursuant to instructions given by Resolution No. 912, adopted September 16th, 1935, the City Engineer presented Plan No. 399, show- ing the proposed improvement for the construction of a wooden bulkhead and appurtenances to protect Channel Road and other property in said City, and also a map of the proposed assessment district, No. 395, for consideration by the City Council. Whereupon, Councilman Ellsworth offered and moved the adoption of Resolution No. 913, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DETERMINING THE NATURE, LOCATION AND EXTENT OF THE PROPOSED IMPROVEMENT FOR THE CONS'T'RUCTION OF A WOODEN BULKHEAD AND APPURTENANCES TO PROTECT CHANNEL ROAD AND OTHER PROPERTY IN SAID CITY, GENERALLY DEFINING THE BOUNDARIES OR EXTENT OF THE DISTRICT TO BE SPECIALLY ASSESSED TO PAYTHE COST THEREOF: AND DETERMINING THE STATUTE UNDER WHICH IT IS PROPOSED TO CONDUCT THE PROCEEDINGS, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." which motion was seconded by Councilman Garfield, and upon roll call the said Resolution was adopted by the following vote, to -wit; AYES: Councilmen Gordon, Ellsworth, Garfield, Hilmer. NOES: Councilmen None:. ABSENT: Councilmen Claire. The City Engineer then presented the written report prepared pursuant to the provisions of Sections 2 and 3 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", and after the reading and examination of said report by the City Council, Councilman Ellsworth offered and moved the adoption of Resolution No. 914 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE WRITTEN REPORT OF THE CITY ENGINEER FOR THE CONSTRUCTION OF A WOODEN BULKHEAD AND APPURTENANCES TO PROTECT CHANNEL ROAD AND OTHER PROPERTY I14 SAID CITY, HERE- TOFORE ORDERED PREPARED BY RESOLUTION NO. 912, ADOPTED ON THE 16TH DAY OF SEPTEMBER, 1935; AND FIXING THE TIME AND PLACE FOR HEARING ON SAID ENGINEER'S WRITTEN REPORT, UNDER THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." 157 Which motion was seconded by Councilman Garfield, and upon roll call said Resolution was adopted by the following wte, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT: Councilmen Claire. Pursuant to instructions given by Resolution No. 910, adopted September 16th, 1935, the City Engineer presented Plan No. 1}00, consisting of 12 sheets,showing the proposed improvement for the construction of certain cement concrete bulkhead and appurtenances to protect the streets, avenues, lanes, alleys and public ways and other property in Balboa Island. situated in Newport Bay, from the overflow by water; the construction of certain cement concrete sidewalk; the installation of certain lighting conduit; the moving and replacing of certain existing ornamental light posts or standards; the construction of cast iron pipe storm drains; and the construction of five wooden and cement concrete piers, together with floating moorings, in and around the said Balboa Island in the City of Newport Beach, California; and also a map of the proposed assessment district, No. 401, for consideration by the City Council, Whereupon, Councilman Ellsworth offered and moved the adoption of Resolution No. 915, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DETERMINING THE NATURE, LOCATION AND EXTENT OF THE PROPOSED IMPROVEMENT FOR THE CONSTRUCTION OF CERTAIN CEMENT CONCRETE BULKHEAD AND APPUR_ TENANCES TO PROTECT THE STREETS, AVENUES, LANES, ALLEYS AND PUBLIC WAYS AND OTHER PROPERTY IN BALBOA ISLAND, SITUATED IN NEWPORT BAY, FROM THE OVERFLOW BY WATER; THE CON= STRUCTION OF CERTAIN CEMENT CONCRETE SIDEWALK; THE INSTALLATION OF CERTAIN LIGHTING CONDUIT; THE MOVING AND REPLACING OF CERTAIN EXISTING ORNAMENTAL LIGHT POSTS OR STANDARDS; THE ' CONSTRUCTION OF CAST IRON PIPE STORM DRAINS; AND THE CONSTRUCTIONi OF FIVE WOODEN AND CEMENT CONCRETE PIERS, TOGETHER WITH FLOATING MOORINGS, IN AND AROUND THE SAID BALBOA ISLAND IN THE CITY OF NEWPORT BEACH, CALIFORNIA; GENERALLY DEFINING THE BOUND- ARIES OR EXTENT OF THE DISTRICT TO BE SPECIALLY ASSESSED TO PAY THE COST THEREOF;. AND DETERMINING THE STATUTE UNDER WHICH IT IS PROPOSED TO CONDUCT THE PROCEEDINGS, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE "SPECIAL ASSESSMENT INVESTIGATION LIMITATION AND MAJORITY.PRQTEST ACT OF 1931." which motion was seconded by Councilman Garfield, and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT: Councilman Claire. The City Engineer then presented the written report prepared pursuant to the provisions of Sections 2 and 3 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," and after the reading and examination of said report.by.the City Council, Councilman Ellsworth offered and moved the adoption of Resolution No. 916, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROV- ING THE WRITTEN REPORT OF THE CITY ENGINEER FOR THE CONSTRUCTION OF CERTAIN CEMENT CONCRETE BULKHEAD AND APPURTENANCES TO PROTECT THE STREETS, AVENUES, LANES,.ALLEYS AND PUBLIC WAYS AND OTHER PRQPEHTY IN BAL_ BOA ISLAND,•SITUATED IN NEWPORT BAY, FROM THE OVERFLOW BY WATER; THE CONSTRUCTION OF CERTAIN CEMENT CONCRETE SIDEWALK; THE IN- STALLATION OF CERTAIN LIGHTING CONDUIT; THE MOVING AND REPLACING OF CERTAIN EXISTING 158 ORNAMENTAL LIGHT POSTS OR STANDARDS; THE CONSTRUCTION OF CAST IRON PIPE STORM DRAINS; AND THE CONSTRUCTION OF FIVE WOODEN AND CEMENT CONCRETE PIERS, TOGETHER WITH FLOAT- ING MOORINGS, IN AND AROUND THE SAID BALBOA ISLAND IN THE CITY OF NEWPORT BEACH, CALIF - ORNIA, HERETOFORE ORDERED PREPARED BY RESOLUTION NO. 910, ADOPTED ON THE 16th DAY OF SEPTEMBER 1935; AND FIXING THE TIME AND PLACE FbR HEARING ON SAID ENGIN- EER S WRITTEN REPORT, UNDER THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." which motion was seconded by Councilman Garfield, and upon roll call said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT: Councilman Claire. On motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, the regular order of business was resumed. REPORTS OF SPECIAL COMMITTEES None. REPORTS OF STANDIAG CUhLITTEES Councilman Garfield, Chairman of the Lighting Committee, reporting on the salary of City Electrician George A. Foltz, advised that inasmuch as the same had been provided for in the budget for the fiscal year, it was the recommendation of the Committee that said salary should be set at $165.00 per month, and on motion of Councilman Garfield, seconded by Councilman Ellsworth and carried, the action was approved. COMMUNICATIONS The communication of Mrs. 1P. I. Williams, Secretary of the Corona del Mar Property Owners Association, approving the plans of the City Engineer concerning the settlement of matters pertaining to City owned property in the Corona del Mar District, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, ordered filed. The letter of Mr. Beakey asking for relief from assessments on Corona del Mar property and referring to certain State legislation in connection therewith, was on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, referred to the City Attorney for reply. The - letter of Mrs. W. I. Williams, Secretary of'the Planning Commission together with a ruling rendered that body by the City Attorney and relating to the appltation of the Union Oil Company for permission to install certain underground storage and handling facilities at their Marine Service Station on Balboa Island, was-on motion of Councilman Ellsworth seconded by Councilman Garfield and carried, ordered filed. The application of Harry C. Fulton for the renewal of the lease held by him for a certain 93 acres of City owned land, was on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, Laid on the Table. The letter of C. L. Menge complaining of conditions in Tract 772 on account of lack of outlets for the lagoons in that district, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, referred to the City Engineer for report. The letter of Otto Momm protesting against the conditions caused by stagnant water in Tract 772 due to lack of outlets for the canals, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, referred to the City Engineer for report. The letter .of T. D. Allin complaining of the garbage and rubbish collections on Balboa Island, was on motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, referred to the Street Superintendent. C� 159; The letter of John G. Hees, protesting against the monopolizing of the water front anchorage in the Balboa Bayside Tract by outsiders and inconveniencing the owners of the water front property, was on motion of Councilman Gordon, seconded by Councilman Garfield and carried, referred to the City Attorney. The invitation of h. E. Smith, Chairman of the Orange County Armistice Day Celebration to be held in Anaheim, asking the City Council to be the guests of that City, was on motion of Councilman Gordon, seconded by Councilman Garfield and carried, ordered filed and the City Clerk instructed to extend the Council's thanks for the invitation. The letter of R. F. Johnson, together with a bill from Brown's Boat Service for repairs to his boat, alleged to have been damaged by the City's sewer outlet pipe, was on advice of the City Attorney denied on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried. The letter of Eugene U. Briggs protesting the changing of streets and alleys on the beach between Ocean Boulevard and Ocean Avenue in Corona del Mar, was read, and on motion of Councilman Gordon, seconded by Councilman Ellsworth and carried, the City Clerk was instructed to advise Mr. Briggs that he would be permitted to present.his protest to the Planning Commission at the meeting to be held by that body to consider the matter. UNFINISHED BUSINESS The application of the Union Oil Company for permission to install a float fronting on their present wharf, having been approved by the U. S. War Department, was on motion of Councilman Gordon, seconded by Qouncilman Garfield and carried, approved. The application of Charles Rhoades for a permit to conduct a dance hall in the Balboa Pavilion, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried,r.eferred to the City Attorney and Chief of Police for investigation and report at the next meeting. The application of Herman R. Johnson for permission to construct a pleasure pier fronting on Lot 495, Tract 907 Lido Isle, ' having been approved by the City Engineer, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, granted. NEW BUSINESS The bond of $1000.00 on behalf of John Hutchinson Summers, Deputy License Collector and in favor of the City of Newport Beach, was on motion of Councilman Gordon, seconded by Councilman Garfield and carried, approved. On motion of Councilman Gordon, seconded by Councilman Garfield and carried, Councilman Ellsworth was appointed as a member of the Finance Committee pending the absence of Councilman Claire. The demand of Crenshaw, Diehl & Wright for fees due that firm for auditing services, having been approved by the Finance Committee, was on motion of Councilman Gordon, seconded by Councilman Uarfield and carried, allowed and a warrant ordered drawn for same. City Attorney Thompson presented for the first reading the amendment to existing Fire Ordinance respecting the district between the center line of 22nd Street and 24th Street, Newport Beach. On motion of Councilman Ellsworth, seconded by Councilman Gordon and carried, the Ordinance was passed to the second reading. ADJOURNkENT There being no further business to come before the Council, it was moved by Councilman Ellsworth, seconded by Councilman Garfield and carried, that an adjournment be taken Sine Die. �y , 160 Newport Beach, October 7, 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 o'clock P. M. on above date with Mayor Hilmer presiding. - The roll was called showing the full Council present with the exception of Councilman Garfield who was absent on account of illness. REPORTS OF HEADS OF DEPARTkENTS The report of the City Treasurer was read, and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, the report was accepted, the reading of the Reports of other Heads of Departments dispensed with and all the Reports ordered filed. REPORTS OF SPECIAL CO};JTTEES City Attorney Thompson and Chief of Police Hodgkinson, the committee appointed at the last meeting to investigate and report on the application of Charles Rhoades for a permit and license to conduct a dance hall in the Balboa Pavilion, presented a written report , setting forth the reasons for not approving the application, whereupon it was moved by Councilman Ellsworth, seconded by Councilman Gordon and carried, that the application be denied and the report of the Committee be filed. COMP,�UNICATIONS The petition presented by the property owners on the Bay Front between Lindo Avenue and Alvarado Place in which the Council was asked to take the necessary steps to place before the United States Government Engineers the matter of relocating the pierhead line in that section of Bay described above, was presented. E. S. Lorrow addressed the Council concerning the request and on motion of Council- man Claire, seconded by Councilman Gordon and carried, the petition was Laid on the Table pending investigation. The application of August Hansen for permission to construct a commercial pier and ways fronting on Lot 13, Block 220 -; Section A, was on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, referred to the City Engineer for report. The application of Chas. A. Beecher for permission to install and maintain underground storage for the handling of hazardous fluids, was on motion of Councilman Claire, seconded by Councilman Gordon and carried, referred to the Fire Chief for report. The letter of Mrs. W. I. Williams, Secretary of the Corona del Mar Improvement Association requesting that the Council grant permission to the City- Engineer to furnish certain engineering data required on a questionnaire in connection with the Federal Housing Act, was read. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Engineer was instructed to furnish maps and the information requested. The letter of Francis Cuttle, Agent for the "Utilization of the Waters of Mojave River, California" inviting the Council to attend a conference of the Association to be held in Riverside on October 9th was on motion of Councilman Gordon, seconded by Councilman Claire, and carried, referred to the Water Committee.