Loading...
HomeMy WebLinkAbout11/12/1935 - Adjourned Regular Meeting170 Newport Beach, November 12, 1935. 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 P. M. on above date, with Mayor Hilmer in the Chair. ' The roll was called showing the full Council present. REPORTS OF SPECIAL COLLITTEES Mayor Hilmer reported on the meeting of the Committee appoint- ed to confer with the Board of Supervisors of Orange County regarding the alleged sanitary condition of the canals complained of by residents of Tract 772 and Seashore Colony District, advising that the Supervisors had instructed the County Engineer to make an investigation of same and report back. Councilman Gordon reported on the proposed Harbor Celebration and submitted the tentative programme prepared by the Chamber of Commerce in which the latter requested authorization of the City and County Committees for approval. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the program was tentatively approved. REPORTS OF STA14DING COh ITTEES None. COIL, UNICATI0148 The letter of the Chamber of Commerce suggesting that one -way traffic signs be placed on Central Avenue from the Newport Parkway to "A° Street in Balboa, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, referred to the City Attorney and Police Committee for report. The letter of A. W. Galpin requesting that a public landing be installed on the north side of Balboa Island, was on motion of Councilman Ellsworth, seconded by Councilman Garfield and carried, referred to the City Clerk with instructions to advise the writer that the matter would be taken care of in connection with the seawall project. C. F. Dennison's letter requesting a portion of the City insurance business, was on motion of Councilman Garfield, seconded by Councilman Claire and carried, ordered filed. The request of C. E. LLcFarland for an extension of his lease on the Newport pier in connection with his fishing barge business, was read, and discussed, and on motion of Councilman Ellsworth, seconded by Councilman Claire and carried, the same was Laid on the Table until the next meeting of the Council. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the petition of property owners in the Corona del Liar district laid over for consideration from a previous meeting and the report of City Auditor Gant on the question, were filed. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the regular order of business was suspended in order to hear protests from a delegation of members of the Newport Harbor Yacht Club in connection with the mooring of boats in the Yacht Club area in the manner required by the City Ordinance and enforced by Ahe Harbor Master. The Council was addressed on the subject by Shirley Meserve, Harbor Master Bouchey, Wm. Rohl, City Attorney Thompson, Dr. Albert Soiland, Chief of Police Hodgkinson and others. On motion of Council- man Gordon, seconded by Councilman Garfield and carried, the Harbor Master was instructed to grant the Yacht Club ten days from date in which to provide the list of moorings required by the Club. On motion of Councilman Gordon, seconded by Councilman Claire and carried, the regular order of business was resumed. UNFINISHED BUSINESS - BALBOA ISLAND SEAWALL PROCEEDINGS Pursuant to instructions, the City Engineer presented a communication recommending certain changes by additions to and omissions from the work proposed to be done, as shown in the plans filed with the written report made pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", as amended, 171 in the matter of the proposed construction of a concrete bulkhead and certain other improvements in and around Balboa Island, as said written report was heretofore approved September 30; 1935; and also submitted to the City Council an estimate of such changes.ia the said plans; and after the City Engineer had fully explained the detail of such changes, of the additions to and omissions from the said plans, Councilman Claire offered and moved the adoption of Resolution No. 917, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DETERMINING THAT CERTAIN.ALTERATIONS OR CHANGES BE LADE IN THE PLANS FOR THE PROPOSED CONSTRUCTION OF REIN- FORCED CONCRETE BULKHEAD AND OTHER WORK IN AND AROUND BALBOA ISLAND IN SAID CITY. 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, Claire, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. 4BSENT: Councilmen None. Pursuant to instructions given by the City Council, the City Engineer presented Plan No. 400, consisting of 12 sheets, which said plan shows the changes of additions to and omissions from the said plans, as referred to in Resolution No. 917, and also presented specif- ications for the construction of the improvements as proposed, in and around Balboa Island. Thereupon, Councilman Garfield moved that said plans and specifications be approved, which motion was seconded by Councilman Ellsworth, and upon roll call was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield and Hilmer. NOES: Councilmen None, ABSENT: Councilmen None. ' Councilman Claire then offered and moved the adoption of Resolution No. 916, being a Resolution of Intention for the construction of bulkheads, piers and other work in and around Balboa Island in said City, vbich motion was seconded by Councilman Garfield, and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. It was moved by Councilman Claire that a Resolution be adopted setting the date of Hearing of Protests in connection with the Balboa Island Seawall proceedings for the regular meeting of the City Council to be held at 7:30 P. M. December 2, 1935• The motion was duly seconded by Councilman Garfield and adopted by the following vote, to -wi.t: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Granger Hyer addressed the Council regardingthe proposed seawall construction. TRACT 516 BULKHEAD rROCEEDINGS Pursuant to instructions heretofore given by the City Council, the City Engineer.presented specifications for the construction of a ' wooden bulkhead adjacent to the easterly line of Block P of Tract No. 518. Whereupon, Councilman Gordon moved that said specifications be approved, which motion was seconded by Councilman Garfield, and upon roll call was carried by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT.: Councilmen None. Councilman Claire offered and moved the adoption of Resolution No. 919, being a Resolution of Intention for the construction of a wooden bulkhead adjacent to the easterly line of Block P of Tract No. 516, which motion was seconded by Councilman Ellsworth, and upon roll call the said Resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield and Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. 172 99W BUSINESS CORONA DEL LAR VACATION PROCEEDINGS Resolution No. 920 approving the the vacation of certain Streets and Alleys presented and considered, the adoption of Councilman Claire, seconded by Councilman the following vote, to -wit: AYES: Councilmen Gordon, Claire, NOES: Councilmen None. ABSENT: Councilmen None. map in connection in Corona del Mar, same being moved by Garfield and passed tai. tb was by Ellsworth, Garfield, Hilmer. Resolution No. 921, being A RESOLJTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP AND ABANDON&ENT OF A PORTION OF CERTAIN STREETS AND ALLEYS IN THE CITY OF NEWPORT .BEACH, AS FOLLOWS: A PORTION OF OCEAN AVENUE, A PORTION OF NARCISSUS AVENUE, A PORTION OF MARIGOLD AVENUE, A PORTION OF MARGUERITE AVENUE, A PORTION OF LARKSPUR AVENUE,.A PORTION OF JASMINE AVENUE, A PORTION OF OCEAN BOULEVARD, A PORTION OF THAT CERTAIN ALLEY ADJACENT TO LOTS 17 to 31 INCLUSIVE, OF BLOCK A-37, CORONA DEL MAR, A PORTION OF THAT CERTAIN ALLEY ADJACENT TO LOTS 11 TO 34 INCLUSIVE, BLOCK A-36, CORONA DEL MAR, AND A PORTION OF THAT CERTAIN ALLEY ADJACENT TO LOTS 11 TO 29 INCLUSIVE, IIV BLOCK A-35, CORONA DEL MAR: DECARLIIIG IT TO BE FOR THE PUBLIC INTEREST AND CONVENIENCE, AND FIXING THE TIME.AND PLACE FOR HEARING OBJECTIONS TO SAID PROPOSED IMPROVEMENT, AND SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT OF LANDS TO BE AFFECTED OR BENEFITED BY SAID WORTS OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE DAMAGES, COST AND EXPENSES THEREOF. The adoption of the Resolution was moved by Councilman Claire, seconded by Councilman Garfield and passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 922 granting a two year lease with crop contract to November 30, 1937 to Harry 0. Fulton on city - owned land known as the 93 acre Tract, was presented, the adoption of same being moved by Councilman Gordon, seconded by Councilman Garfield and passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. Resolution No. 923 renewing the lease of D. A. and Harvey L. Bear for one year to the 30th day of September 1936 on city -owned land known as the 34 acre Tract, was presented, the adoption of same being moved by Councilman Claire, seconded by Councilman Ellsworth and passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer., NOES: Councilmen None. ABSENT. Councilmen None. Ordinance No. 43r%, being AN ORDIAANCE OF. THE CITY OF NEWPORT BEACH RELATIAG TO THE CARE AND EXPENDITURE OF MONEYS RECEIVED FROM THE STATE OF CALIFORNIA UNDER THE PROVISIONS OF ARTICLE 5, CHAPTER 1, DIVISION 1, OF THE STREETS AND HIGHWAY CODE. The ordinance was read, considered and on motion of Councilman Claire, seconded by Councilman Ellsworth and carried, was passed to a second reading. Resolution No. 924, being an Emergency Resolution authorizing the City Engineer to make the necessary expenditures for the re- laying of certain water and sewer lines made necessary by the construction of the overhead crossing at the Arches Corner now in progress with insufficient time for the advertising for bids for the work. The adoption of the resolution was moved by Councilman Garfield., seconded by Councilman Claire, and passed by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen None. 173 City Engineer Patterson reported on the matter of sidewalk construction between 30th Street and 32nd Street, advising that the cost of same would approximate $150.00. On motion of Councilman Claire, seconded by Councilman Gordon and carried, the City Engineer was author- ized to proceed with the work. City Engineer Patterson advised that the National Beach Erosion Board was making surveys from Santa Barbara to a point one hundred miles south and suggested that an effort be made to extend the survey to a sufficient distance to include Newport Beach. On motion ' of Councilman Claire, seconded by Councilman Gordon and carried, the City Engineer was authorized to communicate with the Board in that respect. City Engineer Patterson advised the Council that the hearing .to be held by the J. S. Army Engineers regarding the re- location of harbor lines in Newport Bay, would be held in the City Council Chambers at 10 o'clock A.B. December 9, 1935 The Council was advised that the contractor on the Jetty Work would consider selling to the City the pier used by them and located at the shore end of the west Jetty; also that the dredging contractors would consider selling the pier installed by them at 15th Street. No action was taken on the matter. On motion of Councilman Claire, seconded by Councilman Garfield and carried, the City Engineer was instructed to request six months extension of time from the Southern Pacific Company for the underpass over the latter's property at the westerly City limits. RESOLUTION NO. 925 WHEREAS, City Engineer, R. L. Patterson reported that the tentative apportionment to the City of the 1/4¢ gas tax allocation to State Highways for 1935 -37 bi.enn i mould be approximately 42,970, and that the tentative apportionment four expenditures upon city streets of major importance would be approximately $1,110 for the fiscal year ending June 30th, 1936, and $1,495 for the fiscal year ending June•30th, 1937; and 'WHEREAS, the City Engineer presented an application to the Department of Public Works of the State of California for the expenditure of $1,110 from the "Special Gas Tax Street Improvement Fund" for maintenance of Central Avenue, Ocean Boulevard and Coast Boulevard for the fiscal year ending June 30th, 1936; and WHEREAS, the City of Newport Beach will receive approximately $1,110 from the Department of Public Works of the State of California as it's share of the 1/4¢ gas tax allocation for the fiscal year ending June 30th, 1936; and 4HEREAS, said funds are to be deposited in-the "Special Gas Tax Street Improvement Fund" and to be expended upon city streets of major importance, in accordance with the rules and regulations of the Department of Public Works of the State of California. NOW, THEREFORE, BE IT RESOLVED: That the City Council determines that the gas tax funds received by the City for the fiscal year ending June 30th, 1936 shall be expended in accordance with the rules and regulations of the Department of Public Works of the State of California on the following described streets: - CENTRAL AVENUE from the bridglover the old Santa Ana River Channel southeasterly and easterly to the intersection of Ocean Boulevard, OCEAN BOULEVARD from' "G" Street easterly to Central Avenue, and COAST BOULEVARD from 21st Street westerly to the City limits; and BE IT FURTHER RESOLVED: That the City Engineer of the City of Newport Beach be and he is hereby authorized and instructed to make application to the Department of Public Works of the State of California for approval of the maintenance of the hereinbefore described streets. Passed and adopted by the City Council of the City of Newport Beach, California, at a regular adjourned meeting held this 12th day of November, 1935• by the following vote, to -wit: AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer. NOES: Councilmen None. ABSENT: Councilmen N6ne. I hereby certify that the above and foregoing Resol,ition was passed and adopted cy the City Council of the City of Newport Beach, California, at the time and by the vo above s d. tau. _mooah City Clerk, City of Newport Beach, California 174 ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Ellsworth; seconded by Councilman Claire, and carried, that an adjournment be taken Sine Die. Newport Beach, December 2, 19350 e� The City Council of the City of Newport Beach met in regular session in the Council Chamber of the city of Newport Beach at 7:30 P. M. on above date with Mayor Hilmer in the Chair. The roll was called showing the full Council present. On motion of Councilman Claire, seconded by Councilman Garfield and carried the regular order of business was dispensed ' with in order to take up the matter of the Bulkhead proceedings in Tract 518. The Clerk reported that this was the time and place fixed for the hearing of protests or objections against the work, the district or the grades described in Resolution of Intention No. 919 in the matter of the construction of a wooden bulkhead and appurten- ances and appurtenant work adjacent to the easterly line of Block P of Tract No. 515, adopted by the City Council of said City on the 12th day of November, 1935. The Clerk also reported that the affidavits in proof of the publication of the Resolution of Intention, the mailing of post -card notices of the adoption of said Resolution of Intention and of the posting of the Notice of Improvement, as required by law, having been made and are on file in the office of the City Clerk. The Mayor, being the presiding officer of the City Council, then announced that pursuant to the provisions of Section 9 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", the first order of the hearing would be the reading of the Engineer's written report on the said project, presented to the City Council on the 30th day of September, 1935 under the provision of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", (except as to the map, plat or diagram and the assessed valuations and true valuations and the assessments and estimated assessments upon individual parcels of land), before protests or objections would be considered. ' Whereupon the Clerk read the said written report so defined by the Mayor. The Mayor then inquired of the Clerk whether any written protests or objections against the work or the assessment district had been filed with him in said mentioned matter. The Clerk reported that no written protests had been filed with him prior to the time set for the hearing. The Mayor then announced that this was the time and place set for hearing of protests or objections against the proposed work or the assessment district, each as set forth in the said Resolution Of Intention hereinbefore mentioned, and asked if anyone present desired to be,heard in said matter. .No one responded.