HomeMy WebLinkAbout09/08/1941 - Adjourned Regular MeetingNewport Beach, September 8, 1941.
The City Council of the City of Newport Beach met in adjourned regular
session in the City Council Chambers at the City Hall in the City of Newport Beach
• at the hour of 7:30 P. m. on above date with Mayor Gordon presiding.
The roll was called, the following Councilmen answering present: Reed,
Claire, Allen, Brown, Gordon. Absent, Councilmen, None.
On motion of Councilman Allen, seconded by Councilman Claire and carried
the reading of the minutes of the previous meeting was dispensed with.
REPORTS OF SPECIAL COMMITTEES None.
' REPORTS OF STANDING COMMITTEES None.
COMMUNICATIONS
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The application of George K. Noland for a license for a general store
in connection with card tables, together with the letter accompanying same, was
presented and read. Whereupon it was moved by Councilman Allen, seconded by
Councilman Reed that the application be denied. After some discussion about the
matter Councilman Allen withdrew his motion as did Councilman Reed his second.
The Council was addressed by Mr. Noland regarding the proposed business, and on
motion of Councilman Allen, seconded by Councilman Reed and carried, the
application was referred to the Chief of Police for report.
The complaint of Mrs. Blanch Cumming of an infestation of rats in the
vicinity of 3505 Finley Avenue and requesting that something be done to remedy
the situation, was read, and on motion of Councilman Brown, seconded by Council-
man Allen and carried, same was referred to the Health Officer.
The com laint of Frances Hemenway regarding the condition existing on
Lot 25, Bl.ock 1, �ract 919, Newport Heights, alleging that the property is being
used as a dump gm ound for old lumber and debris, was presented with two
photographs of the area. After discussing the matter, it was moved by Councilman
Allen, seconded by Councilman Reed and carried, that the complaint be referred to'
the Fire Chief for investigation as to its causing a fire hazard as alleged.
The request of the Secretary of the Pacific Coast Plumbing Association
for a representative of the Plumbing Department to attend the convention to be
held in Santa Barbara on October 9th to 11th inc., was presented. Whereupon
Councilman Claire stated that he was in favor of attendance at these conventions
if not held in too distant Cities. On suggestion of the Mayor that the attendance
be limited to the number of days, it was moved by Councilman Claire, seconded by
Councilman Brown and carried, that an expense account of ten dollars per day be
allowed subject to a four day limit.
The request of Harbor Master Bouchey for a two weeks vacation from
September 21st was on motion of Councilman Claire, seconded by Councilman Allen
and carried, granted.
UNFINISHED BUSINESS
IN THE MATTER OF THE PROPOSED CONSTRUCTION OF A REINFORCED CEMENT
CONCRETE SHEET PILE BULKHEAD ADJACENT TO THE EASTERLY LINE OF
BLOCK P, TRACT N0. 518, IN THE CITY OF NEWPORT BEACH, CALIFORNIA.
HEARING ON THE MATTER OF THE INVESTIGATION REPORT UNDER THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST
ACT OF 193111, AS AMENDED.
The Clerk reported that this was the time and .place fixed for the hearing
on the written report heretofore filed by the City Engineer and approved by the City
Council of the City of Newport Beach in accordance with the provisions of the
"Special Assessment Investigation, Limitation and Majority Protest Act of 19310,
as amended, to -wit, Monday, the 8th day of September, 1941, being the day, and the
Council Chamber in the City Hall of said City being the place fixed for said hearing.
The Clerk also reported that on the 6th day of August, 1941, he deposited
in the United States mails, with postage prepaid, a notice of the time and place of
hearing upon said-written report, all in the manner and form required by Section 6
of the said Act, and that an affidavit and proof of such mailing is now on file in
the office of the City Clerk; and more than thirty (30) full days having elapsed
since the date of said mailing, the said City Council has acquired power to
proceed with the hearing on the said matter pursuant to said Act.
The-Mayor, being the presiding officer of the City Council, then announced
that the first order of the hearing would be the reading of the said written report,
except as to the map, plat, or diagram, and the assessed valuations and true
valuations of all assessments and estimated assessments upon individual parcels of
land before protests were 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 to the doing of the things proposed in said written report 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 inquired if any persons, who would be entitled to protest
or object to the doing of the things proposed to be done, desired to make oral
protests or objections, and stated that such persons would now be heard. No one
responded.
After a full and thorough hearing had been had in said matter, and-an
opportunity having been given to any and all persons desiring to be heard or to
make objections to the things proposed to be done, iL- Otea= a- - -�
and after having considered the written report
filed by the City Engineer in said matter, Councilman Claire offered and moved
the adoption of the following resolution, which said motion was seconded by
Councilman Reed and carried by the roll call as shown in said resolution.
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Roll call
G..K.Nolan
app. for
license
Mrs.Cummings
complaint of
rats
F.Hemenway
complaint of
rubbish
Plumbing Dept
convention
Harbor Master
vacation
Hearing on
proposed
bulkhead
me
Resolution
No. 2411
Bulkhead in
Tract 518
IN THE MATTER OF THE PROPOSED CONSTRUCTION OF A REINFORCED CEMENT
CONCRETE SHEET PILE BULKHEAD AND APPURTENANCES ADJACENT TO THE EASTERLY LINE
OF BLOCK P OF TRACT NO. 518 IN THE CITY OF NEWPORT BEACH, CALIFORNIA.
WHEREAS, the City Council of the City of Newport Beach, California,
did, on the 4th day of August, 1941, pursuant to statute, approve the written
report prepared and filed by the City Engineer of said City in accordance
with the provisions of that certain Act of the Legislature of the State of
California, known as the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 ", as amended, and did on said day fix Monday,
the 8th day of September, 1941, at the hour of seven- thirty (7:30) o'clock
P.M., as the day and hour, and the Council Chamber in the City Hall in said
City of Newport Beach as the place of hearing upon said report; and,
WHEREAS, the City Clerk of said City of Newport Beach did deposit
in the United States mails, with postage prepaid, a notice of the time and
place of hearing upon said report, all in the time, manner and form required
by said Act;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Newport Beach hereby finds and determines as follows:
(1) That protests in writing have not been filed by the owners
(as d4fined in the "Improvement Act of 191111) of a majority of the area of
the, lands to be assessed within the proposed assessment district, as said
district is defined in said written report.
(2) That the aggregate special assessment levied on the lands
proposed to be assessed for such improvements, as such liability is shown
In said preliminary written report, will exceed fifty (50) per cent of the
true value of all the lands to be so assessed, as said true value is defined
in said Act.
(3) Tha.t the estimated proposed assessment to be levied for the
proposed improvement against each parcel proposed to be assessed therefor
will exceed fifty (50) per cent of the said true value of such parcels.
AND BE IT FURTHER RESOLVED, that the said City Council hereby
finds and determines that the proposed improvement is feasible, and that
the lands proposed to be assessed to pay the cost and expenses thereof, in
the opinion of the said City Council, are able to carry the burden of such
proposed assessment by reason of the fact that after said improvement is
completed as proposed, the use of the lands in the proposed assessment
district will be. greatly benefited, to the extent that when said improvement
Is made the said lands can then be utilized for buildings or other improvements,
and also will be free from the tides and overflow by water.
I HEREBY CERTIFY that the foregoing Resolution was adopted by the
City Council of the City of Newport Beach, California, at anradjaurned:r.egplar meeting
thereof on the 8th day of September, 1941, by. the following vote, to -wit:
AYES, COUNCILMEN Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN None.
ABSENT, COUNCILMEN None. ,® co
Beach, California.
Civil Service
The matter of establishing of a civil service board for placing of
matter, to
members of the Police and Fire Departments under Civil Service was brought up
4o
on April 19'+2
for consideration, the initiative petition in connection therewith having been
ballot
duly certified as being sufficient at the last meeting of the Council. There
was considerable discussion regarding the proposed measure, it being the
consensus of the Council that the proposition should be decided by a vote of
the people since there were certain sections embodied in the ordinance not
thoroughly understood at the time it was suggested that the petition be
considered by the proponents of the measure, but on advise of the City
Attorney that it would be perfectly agreeable to them to have the proposition
placed upon the ballot at the general municipal election to be held in April,
1942, it was moved by Mayor Gordon that same be voted on at that time, the
motion was duly seconded by Councilman Claire and carried by the following
vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Beek - Irvine
The City Attorney advised that no report would be made on the
matter
Beek- Irvine matter, laid over from a previous meeting, at this time.
The City Attorney, reporting on the Simons matter, advised that
Simons
the Attorney for Mr. Simons had communicated with him and that they had had
survey
a survey made of the area in question, said survey being slightly in variance
to that made by the City Engineer. Whereupon it was moved by Councilman Claire,
seconded by Councilman Reed and carried, that the City Engineer contact Engineer
Hillyard who made the survey for the Simon's interests.
Construction
At the request of Councilman Brown the City Engineer reported on the
of boat docking
proposed construction of boat slips fronting on.City owned property on the
facilities
North Channel of the Bay, the estimated cost of same, and the probable charges
to be made for dockage. Councilman Allen advised that the Harbor Master had
applications for four boats desiring docking space and suggested that slips
to accomodate them should be constructed at once. It was also suggested that
sufficient rental should be collected in advance to cover the capital invest-
ment. It was further suggested that the City Engineer, Harbor Master and
City Attorney confer on the various questions involved in connection with the
establishment of docking facilities. On motion of Councilman Allen, seconded
by Councilman Reed and carried, the City Engineer was authorized to prepare
plans and spedifications for the construction of four boat slips.
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NEW BUSINESS
The City Attorney presented reports of the City Treasurer in connection
Bonds in
with Series "D" and Series "G" bonds Corona del Mar, in which it was stated that in
Corona del Mar
order to protect the holders of said bonds proper action might be taken by the City
Council in the matter. On motion of Councdlman Claire, seconded by Councilman
Allen and carried, the-reports of the City Treasurer were accepted and ordered filed.
o r tne ulty or ewpor eac
The City Attorney presented a Notice of Hearing in connection with the
Notice of Hear -
report of the City Treasurer regarding certain bonds in the Corona del Mar district,
ing on CDM
said hearing on the matter to be held on Monday, the 6th day of October, 1941, and
bonds.
on motion of Councilman Claire, seconded by Councilman Reed and carried, the Mayor
people and covering the following described
and City Clerk were authorized to sign said Notice of Hearing.
sale of lots
Councilman Claire moved the adoption of a resolution, being a resolution
Minute Res.
authorizing the Mayor and City Clerk to execute on behalf of the City of Newport
quitclaim deed
Beach, a quitclaim deed in favor of John F. Miller, and covering Lot 6, Block 2,
to J.F.Miller
Newport Bay Tract. The motion was duly seconded by Councilman Allen and the
of Lot 10, Block 19, First Add
resolution adopted by the following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
Price $350.00.
ABSENT, COUNCILMEN: None.
Res. 2413 Helene Kersten
I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby
certify the above and foregoing Resolution
was duly passed and adopted by the
r City Council of the City of Newport Beach
at an adjourn.Qad regular meeting thereof
held on the 8th day of September, 1941 .
ity Cler
o r tne ulty or ewpor eac
Resolutions No. 2412 to 2416 inclusive
wer6 presented, being resolutions
Res. 2412 to
authorizing the Mayor and City Clerk to execute
grant deeds to-the following
2416 Inc.
people and covering the following described
property sold to them by the City of
sale of lots
Newport Beach
Res. 2412 Isabel Atkinson
Lots 8 and 9 and SWly 5 feet
of Lot 10, Block 19, First Add
to Newport Heights.
Price $350.00.
Res. 2413 Helene Kersten
Lot 31, Block 242, Corona del Mar
Price $225.00
Res. 2414 Clarence E. Lutes et ux
Lot 24, Block 44, River Section
Price $50.00
Res. 2415 H. E. Rawlinson
Lots 1, 2, 3, 4, 5, 6, 7., and 8,
Block 29, First Add to Newport
Heights.
Price $400.00
Res. 2416 William M. Kindell et ux
Lot 2, Block E, Tract No. 323•
Price $850.00
Whereupon it was moved by Councilman
Claire, that the resolutions be adopted,
the motion was duly seconded by Councilman
Allen and carried by the following vote,
to -wit:
AYES, COUNCILMEN: Reed, Claire,
Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
ADJOURNMENT
On motion of Councilman Claire,
an adjournment was taken Sine Die.
ATTE
ty Clerk
Led,