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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 0 0 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. 15 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. n u l! 7 r i 0 ff E 0 0 17 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,