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HomeMy WebLinkAbout11/03/1941 - Regular Meeting33 Newport Beach, November 3, 1941. The City Council of the City of Newport Beach met in 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 HEADS OF DEPARTkENTS ' The report of the City Treasurer was read, and on motion of Councilman Claire, seconded by Councilman Brown and carried, the report was approved, the reading of the rest of the reports dispensed with and all the reports ordered filed. REPORTS OF SPECIAL COMN.ITTEES City Attorney Thompson presented and read a detailed report in connection Annexation with the annexation of uninhabited territory, said report outlining the necessary question procedure for same. On motion of Councilman Claire, seconded by Councilman Reed and carried, the report was accepted and the matter referred to the City Engineer for.checking of all the property proposed to be annexed. On motion of Councilman Claire, seconded by Councilman Allen and carried, a Committee is to be appointed by the Mayor to confer with the Supervisors of Orange County regarding the proposed annexation of territory belonging to the County of Orange. Councilman Reed reported on the matter of appraising all City owned City owned . property, including houses thereon, which brought up the question of certain property ' property in West Newport recently acquired by the City and now being occupied. Whereupon it was moved.by Councilman Claire, seconded by Councilman Reed and carried, that the City Attorney confer with the City Auditor regarding the matter, it being suggested that the occupant be given 90 days in which to vacate. REPORTS OF STANDING COMMITTEES None. On motion of.Councilman Claire, seconded by Councilman Allen and carried, Hearing on Bulkhead in the regular order of business was suspended in order to consider and act upon the Tract 518 hearing in connecwion with the proceedings for the construction of a bulkhead fronting on Block P, in Tract 518, and alsotb open bids submitted for the construc- tion of a storage garage on City owned property on the North side of the Lido Channel. 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. 2417 in the matter of the construction of a reinforced cement concrete sheet pile bulkhead and appurtenances and appurtenant work adjacent to the easterly line of Block P of Tract No. 518, adopted by the City Council of said City on the 6th day of October, 1941. 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, have 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 4th day of August, 1941, under the provisions 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. Res. 2470 ' Councilman Claire then offered and moved the adoption of the Resolution bulkhead Ordering Work No. 2470 in the matter of the construction of a reinforced cement concrete sheet pile bulkhead adjacent to the easterly line of Block P of Tract No. 518 in the City of Newport Beach. Which motion was duly seconded by Councilman Allen, and upon roll call same was adopted by.the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Councilman Claire then offered and moved the adoption of Resolution Res. 2471 ordering work No. 2471, ordering and directing that the work described in Resolution Ordering Work No. 2470 be done under the direction d' the City Engineer instead of the on bulkhead Superintendnt of Streets of the City of Newport Beach. Which motion was duly seconded by Councilman Allen, and upon roll call same was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, .Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. sm (Minute Order) ORDER ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES Wage scale TO BE PAID FOR CONSTRUCTION OF A REINFORDED CEMENT CONCRETE SHEET PILE on bulkhead BULKHEAD ADJACENT TO THE EASTERLY LINE OF BLOCK P OF TRACT N0, 518 IN THE CITY OF NEWPORT BEACH, CALIFORNIA. Councilman Claire moved the adoption of the following order, to -wit: WHEREAS, the City Council did on the 6th day of October, 1941, adopt Resolution of Intention No. 2417 for the construction of a reinforced cement concrete sheet pile bulkhead adjacent to the easterly line'of'Lot M, of Block P of Tract No. 518 in the City of Newport Beach, California; and WHEREAS, pursuant to provisions of the Labor Code 'of the State of California, it is necessary that the City Council of the City of Newport Beach ascertain and determine the general prevailing rate of wages on public works, and by the provisions of said Code makesit mandatory upon the awarding body of any public contract where the said body subsequently calls for bids for any public improvement, to ascertain and determine the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft or type of, workman or mechanic needed to execute the contract, and also the general prevailing rate for legal holiday and overtime work for each craft or type of workman or mechanic. NOW, THEREFORE, this City Council of the City of Newport Beach, California, has ascertained and does hereby determine that the general prevail- ing rate of per diem wages in the locality in which the said work described to be performed in the matter of the construction of said reinforced cement concrete sheet pile bulkhead, for each craft or type of workman or mechanic needed to execute the contract, and also the general prevailing rate for legal holiday and overtime work for each craft or type of workman or mechanic, to be as follows: Classification Hourly Wage Rate Carpenter, Journeyman $ 1.10 Carpenter, Rough 1.00 Cement Finisher 1.10 Compressor Operator 1.00 Concrete Mixer Operator 1.00 Derrick Bargeman 1.00 Machinist, Gas Engine 1.15 Operator, Engine Pile Driver 1.50 Operator, Crane 1.50 Operator, Jet Pile Driver 1.00 Operator, Pile Driver 1.50 Operator, Tractor 1 =00 Reinforcing Steel Worker 1.375 Truck Driver, (over 6 tons) .875 Truck Driver, (Under 6 tons) .80 Laborer, Construction & General 75 Watchmen .625 Any other classification omitted herein, COMMUNICATIONS not less than .75 Provided that one and one -half (12) times the prevailing rate shall be paid except watchmen, flagmen and other non - manual workers, for any working time more than eight (8) hours during any one (1) calendar day where such work is required in cases of extraordinary emergencies caused by fire, flood, or danger to life or property, and for time on Sundays and the seven (7) legal holidays, to -wit: New Year's Day, Memorial Day, Fourth of July, Labor Day, Armistice Day, Thanksgiving Day and Christmas. Said motion was seconded by Councilman Allen, and upon roll call was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Bids on BIDS: Two bids were submitted for the construction of a storage garage storage garage being that of Gordon B. Findlay and C. R. Erickson, which were opened and read by the Clerk and on motion of Councilman Brown, seconded by Councilman Reed and carried, were referred to the City Engineer for checking and resport. Whereupon, the City Engineer advised that the bid of C. R. Erickson was the lowest bid and Res, 2473 recommended that same be accepted.. Whereupon Councilman Claire presented and moved cont. with the adoption of Resolution No. 2473, being a resolution authorizing the Mayor and C.R.Erickson City Clerk to execute on behalf of the City of Newport Beach an agreement with C. R. Erickson for the construction of a storage garage on city owned property on the north.side of the Lido Channel and easterly of Tract No. 919. The motion was duly seconded by Councilman Brown and the resolution adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. On motion of Councilman Claire, seconded by Councilman Allen and carried, the regular order of business was resumed. COMMUNICATIONS Woman's Assn The letter of the Newport Harbor Woman's Association requesting-that provision be made for the reserving of an unpaved space in the center of Central planting on Avenue for the planting of trees and shrubs, if and when any improvement is Central Ave. cmmpleted. On motion of Councilman Reed, seconded by Councilman Allen and carried, the letter was ordered filed. Woman's Assn The letter of the Newport Harbor Woman's Association calling attention to the prevalence of rats on the peninsula jetty and requesting that the City take rat nuisance some action in the matter, was presented and read, which brought out considerable discussion of the subject, the Council being addressed by Mrs. Elizabeth Boyles of West Newport who also complained of the rat menace in that locality. Mrs. G. Maxwell addressed the Council and advised that the matter had been taken up with some branch of the United States Government for advice. M. L. Rabbitt also made some suggestions to the Council on the subject. On motion of Councilman Claire, seconded by Councilman Allen and carried, the County Supervisors are to be asked for some cooperation in the eradication of rate in the Harbor area, the matter to 0 0 0 0 n 0 This being the time set for the hearing in connection with the re- Hearing on zoning on the westerly side of Central Avenue from Finley Avenue to Short Street re- zoning on to a C -1 classification, the City Clerk advised that no protests had been filed Central Ave. against the re- zoning, whereupon the Mayor asked if anyone in the audience had any objections, no one responded. Whereupon Councilman Claire presented and Res. 2474 moved the adoption of Resolution No. 2474, being a resolution approving the recommendation of the Planning Commission in the re- zoning in said district. approving The motion was duly seconded by Councilman Allen, and the resolution adopted by re- zoning the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None, ABSENT, COUNCILMEN: None. Ordinance No. 505 was presented, being an ordinance amending Zoning Ord, 505 Ordinance No. 440, and on motion of Councilman Claire, seconded by Councilman first reading Allen, the ordinance was passed to the second reading by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. . City Attorney Thompson brought up the matter of the Simons controversy Simons wall on Buena Vista Blvd. and advised that the attorneys for Mr. Simons had suggested controversy some peaceful settlemnt of the question. M. L. Rabbitt addressed the Council, not being in favor of granting an easement as proposed by the Simons interests. On motion of Councilman Allen, seconded by Councilman Reed and carried, the matter was referred to the Committee of the Whole for further investigation. NEW BUSINESS 35 be taken up at the conference regarding the annexation question. Demands The complaint of J. E. MacIntyre of the delay in the proposed changes in Corona Ma Corona del Mar • on the Coast Highway through Corona del Mar-by-the State Highway Commission, was Res. 24 presented and read, whereupon the City Engineer reported that the matter had been highway imp'. taken up with the Highway Commission several times with no results, but that he series . would do so again. On motion of Councilman Claire, seconded by Councilman Allen bonds and carried, the City Clerk was instructed to. advise Mr. MacIntyre accordingly. The letter of Mrs. L. Pace regarding an alleged injury to her husband Mrs.L.Pace alleged to have been due to negligence on the part of the City or the Southern injury to California Edison Company, was presented and read, and on advice of the City husband ABSENT, COUNCILMEN: None. Attorney it was moved by Councilman Claire, seconded by Councilman Reed and Resolution No. 2476 was 7 presented, being a resolution cancelling carried, that the matter be referred to the Pacific Indemnity Company, carriers an agreement with C. E. McFarland and Harold Rupp, said agreement covering of the City Insurance, for investigation and report. ' The petition signed by James A. Perdyne and Ida Deakins requesting J.A.Perdyne seconded by Councilman Allen, the resolution was adopted by the following the abandonment of the alley between Lot 6g and portions of Lots 69, 70 and 71 et al, alley vote, to -wit: in Block C, Newport Bay Tract, was presented and discussed, and on motion of in Npt.Bay Tr. AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. Councilman Claire, seconded by Councilman Reed and carried, the City Engineer NOES, COUNCILMEN: None. was instructed to communicate with the petitioners regarding the matter. ' ABSENT., COUNCILMEN: None. The request of Chief of Police Hodgkinson for authorization to sign Police Dept. MINUTE RESOLUTION. Councilman Claire moved the adoption of a resolution, a purchase order to be placed on file for the delivery of an automobile after purchase of being a resolution serving a notice to C. E. McFarland. and Harold Rupp, to remove January 1, 1942, said request being made due to an anticipated shortage of cars. car all equipment and paraphernalia connected with the live bait concession on the On motion of Councilman Allen, seconded by Councilman Claire and carried, the ' request was granted. adopted by the following vote, to -wit: The letter of M. M. Culver complaining of the delay in granting his M.M.Culver AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. permit for the construction of a pleasure pier on Balboa Island, was presented pier NOES, COUNCILMEN: None. and read, and on motion of Councilman Claire, seconded by Councilman Allen and ABSENT, COUNCILMEN: None. carried, the City Engineer was instructed to notify the Committee appointed to I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby investigate the Balboa Island pier situation and make a report on same; the City certify that the above and foregoing Resolution and was passed nd adopted by the Clerk was also instructed to notify Mr. Culver accordingly. • UNFINISHED BUSINESS This being the time set for the hearing in connection with the re- Hearing on zoning on the westerly side of Central Avenue from Finley Avenue to Short Street re- zoning on to a C -1 classification, the City Clerk advised that no protests had been filed Central Ave. against the re- zoning, whereupon the Mayor asked if anyone in the audience had any objections, no one responded. Whereupon Councilman Claire presented and Res. 2474 moved the adoption of Resolution No. 2474, being a resolution approving the recommendation of the Planning Commission in the re- zoning in said district. approving The motion was duly seconded by Councilman Allen, and the resolution adopted by re- zoning the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None, ABSENT, COUNCILMEN: None. Ordinance No. 505 was presented, being an ordinance amending Zoning Ord, 505 Ordinance No. 440, and on motion of Councilman Claire, seconded by Councilman first reading Allen, the ordinance was passed to the second reading by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. . City Attorney Thompson brought up the matter of the Simons controversy Simons wall on Buena Vista Blvd. and advised that the attorneys for Mr. Simons had suggested controversy some peaceful settlemnt of the question. M. L. Rabbitt addressed the Council, not being in favor of granting an easement as proposed by the Simons interests. On motion of Councilman Allen, seconded by Councilman Reed and carried, the matter was referred to the Committee of the Whole for further investigation. y ulerK o2' the uity of Newpo NEW BUSINESS The monthly demands having been audited by the Finance Committee, were Demands on motion of Councilman Claire, seconded by Councilman Brown and carried, allowed • and warrants ordered drawn for same. Res. 24 Resolution No.. 2475 was presented, being a resolution authorizing the 7D" Mayor and City Clerk to execute an agreement with Peter G. Beissel and covering series Series "D ", Resolution No. 304. Bonds. On motion of Councilman Claire, seconded bonds by Councilman Allen, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ' ABSENT, COUNCILMEN: None. Resolution No. 2476 was 7 presented, being a resolution cancelling Res. 2476 an agreement with C. E. McFarland and Harold Rupp, said agreement covering Cancelling cancelling the live bait concession on the Balboa pier. On motion of Councilman Claire, agreement rh seconded by Councilman Allen, the resolution was adopted by the following et al vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ' ABSENT., COUNCILMEN: None. MINUTE RESOLUTION. Councilman Claire moved the adoption of a resolution, Minute Res. being a resolution serving a notice to C. E. McFarland. and Harold Rupp, to remove notice to H. all equipment and paraphernalia connected with the live bait concession on the Rupp to Balboa Pier. The motion was duly seconded by Councilman Allen and the resolution vacate adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby certify that the above and foregoing Resolution and was passed nd adopted by the City Council of the City of Newport Beach at a r ulaneeting thereof held on the 3rd day of November, 1941. (��� (( )) y ulerK o2' the uity of Newpo Rea. 2477 Resolution No. 2477 was presented, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a agreement with certain license agreement with H. A. Stevenson for the live bait concession H.A.Stevenson on the Balboa pier. On motion of Councilman Reed, seconded by Councilman Allen, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. On motion of Councilman Brown, seconded by Councilman Allen and Windstorm ins. carried, the renewal of windstorm insurance on the Newport Heights water tank, was on recommendation.of the City Engineer, c ancalled. City Engineer Patterson presented a detailed report on the matter Schilling of the lease by the City of Newport Beach to Carl Schilling for the mooring lease of the Yacht "Invader" at City Dock No. 1 for a period of one year. There being considerable due and uncollected rent with no satisfactory action toward settlement of the matter on the part of the Schilling Estate or the Sita Tours, Inc., successors to the boat, it was moved by Councilman Allen, seconded by Councilman Reed and carried, that the City Attorney be authorized to cancel the lease. The application of H. 0. Steinbau h for a permit to construct a pier H.O.Steinbau h g and landing float fronting on Lot 4, Block x+37, Canal Section having been pier permit approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Brown and carried, granted. The application of D. D. Smith for permission to construct a Dier D.D.Smith and landing float fronting on Lot 1, Block 4349 Canal Section, having been pier permit approved by the City Engineer, was on motion of Councilman Claire, seconded by Councilman Allen and carried, granted. The application of the Orange County Boy Sea Scouts for permiffision Sea Scouts to construct a landing pier at the Sea Scout Base on City owned property and request for requesting a donation from the City therefor, was on motion of Councilman pier Claire, seconded by Councilman Allen and carried, referred to the City Engineer for investigation and report. Res. 2476 Councilman Reed moved the adoption of the following Resolution, which beach erosion said motion was seconded by Councilman Claire and carried by the roll call as shown in said Resolution: WHEREAS, the public beach between 30th Street and 58th Street in the City of Newport Beach has been seriously eroded by wave action during storms; and WHEREAS, the beach oceanward of Ocean Front is owned by the City of Newport Beach; and WHEREAS, it is essential that this public beach be maintained and protected for recreational use by the general public; and WHEREAS, the City Engineer has presented a report and plans for the protection of saidpublic beach, based upon the recommendations contained in a report dated January 10th, 1940 by the United States Beach Erosion Board; and WHEREAS, the Planning Commission of the County.of Orange, did on October 17th, 1941, adopt a Master Plan of Beach Development and Protection for said Orange County, which recommended the construction of protective works in the area hereinbefore described; NOW, THEREFORE, BE IT RESOLVED: That the City Engineer is hereby directed and authorized to submit an application to the State Park and Beach Commission for a grant of fifty (5) percent.of the estimated cost of $184,000 for construction of groins and bulkheads to protect and preserve the public beach between 30th Street and 58th Street in the City of Newport Beach. I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Newport Beach, California, at a regular meeting thereof, on the 3rd day of November, 1941, by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Res. 2479 Resolution No. 2479 was presented, being a resolution requesting request for more the State Highway Patroll to allot more traffic officers to Orange County. traffic officers On motion of Councilman Claire, seconded by Councilman Allen, the resolution was adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown,. Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Newport Heights City Engineer Patterson reporting on the Newport Heights Sewer project advised that a portion of the project consisting of three blocks, had not all Sewer project paid their quota and recommended that the sewer not be extended to that section and that refunds be made to whose who had made their payments. On motion of Councilman Reed, seconded by Councilman Brown and carried, the recommendation of the City Engineer was approved. Minute Res. Councilman Claire moved the adoption of a resolution, being a resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport quitclaim to Beach a quitclaim deed in favor of K. Baldner and covering Lot 6, Block 46, Third K.Baldner Addition. she motion was duly seconded by Councilman Allen and the Resolution adopted by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby certify that the above and foregoing Resolution was passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the 3rd day of November, 1941, 0 0 0 37 On motion of Councilman Claire, seconded by Councilman Allen and carried, an adjournment was taken to 7:30 o'clock p. m. Monday, November 17, 1941. TEST: ity Jerk 0 0 ewpor Councilman / Coun n a ` Counc lman Cou man Resolutions No. 24$0 to 2484 inclusive were presented, being Resolutions Res. 2480 authorizing the Mayor and City Clerk to execute grant deeds to the following people to 2484 inc and covering the following described. property sold to them. sale of City owned Res. 2480 Frederic W. Eastman Lot 12 Block 329, Lancaster Add property Price 4175.00 Res. 2481 Roy L. Shafer et ux Lots 10 and 11, Block 431 Lancaster Add Price $400.0o ' Res. 2482 Wesley W. Corbin et ux Lot 5, Block 741, Corona del Mar Price $180.00 Res. 2483 Thomas A. Sanson et ux Lots 7 and 8, Block 44, River Seo Price $125.00 Res. 2 484 William Davison et ux Lot 18, Block B, Tract 673 Price $300.00 Whereupon it was moved by Councilman Claire, seconded by Councilman ' Allen that the resolutions be adopted, and. the motion was carried by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. • ADJ OURN-MEN T On motion of Councilman Claire, seconded by Councilman Allen and carried, an adjournment was taken to 7:30 o'clock p. m. Monday, November 17, 1941. TEST: ity Jerk 0 0 ewpor Councilman / Coun n a ` Counc lman Cou man