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HomeMy WebLinkAbout08/28/1950 - Regular MeetingAugust 28, 1950. The City Council of the City of Newport Beach met in regular sea- sion in the council chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following councilmen answering present: Blue, Greeley, Isbell. ' The Mayor asked if any of the councilmen or anyone in the audience wished the minutes of the previous meeting or any part thereof read. No one responded, and the reading of the minutes was waived. Certain demands, having been approved by the Finance Committee and signed by the Mayor and City Clerk, were ordered paid on motion of Council- man Blue, seconded by Councilman Greeley and. carried by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the regular order of business was waived to permit the opening of bids for two projects: the paving of the Corporation Yard and the con- struction of sanitary sewer mains along West Balboa Blvd. Three bids were presented for the paving of the Corporation Yard as follows: For gO,000 square feet of plant mixed surfacing: 1. Cox Brothers Construction Co. _ _ _ _ $ ,520.00 2. Sully- Miller Co. - - _ _ _ _ - _ _ -,720.00 3. John J. Swigart Co. - - - - - - - - - 6,720.00 On motion of Councilman Blue, seconded by Councilman Greeley and carried, the identical low bids were referred to the City Engineer with instructions to contact the bidders and see if an agreement could not be reached. The Clerk notified the City Council that this was the time and place for the opening of bids, pursuant to Notice Inviting Bids for the construction of sanitary sewers in West Balboa Blvd. and other streets, as contemplated by Resolution of Intention No. 3808, and also reported that he had received five bids, which bids were publicly opened, read, examined and declared as follows: 1. James I Gallacher - - - - - - - - - - - - $33,144.00 2. Forrest C. Cleveland - - - - - - - - - - 3.196.00 33 A. H. Famularo - - - - - - - - - - - - - G4, 215.00 4. James W. Huntly & Drainage Construction Co.45,636.80 5. J. S. Barrett _ _ _ _ _ _ _ _ _ _ _ _ _ _ 37,555,00 Reference is hereby made to the bids on file with the City Clerk for all details as to the unit prices and kind or class of work to be done. ��a Opening of bids Bids for paving of Corp. Yard. Bids for Sewers in W. Balboa. Blvd. Res. No. '3S129. Award. Sewer Contract to Jas. I. Gallacher the low bidder Hearing: Alleys 11th to 19th Sts. On motion duly made and carried, all bids were referred to the City Engineer for checking and report. The City Engineer reported that he had tabulated all bids re- ceived for the construction of sanitary sewers in Balboa Blvd. and other streets, as per Resolution of Intention No. 3809, and finds the bid of James I Gallacher to be the lowest, regular bid submitted for said im- provement. WHEREUPON, Councilman Blue offered and moved the adoption of Resolution No. 3928, awarding the contract to James I. Gallacher, at the price named in his bid, said being the lowest regular bid submitted for said improvement, which motion was seconded by Councilman Greeley, and upon roll call, said Resolution was adopted by the following vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake ' The City Clerk reported that this was the time and place fixed for the hearing of protests or objections against.the work or the dis- trict, as described in Resolution of Intention No. 3919 in the matter of grading, paving and otherwise improving certain alleys between 11th and 19th Streets. The City Clerk also reported that affidavits, in support of the publication of the Resolution of Intention, the mailing of print- ed notices and the posting of the Notice of Improvement as required by law, had been made and are on file in the office of the City Clerk. ��a Opening of bids Bids for paving of Corp. Yard. Bids for Sewers in W. Balboa. Blvd. Res. No. '3S129. Award. Sewer Contract to Jas. I. Gallacher the low bidder Hearing: Alleys 11th to 19th Sts. The Mayor then inquired of the Clerk if any written protests or objections against the work or the district had been filed with him in said matter. The Clerk reported that two written protests had been filed Hearing, alleys with him prior to the time set for the hearing by the following: 11th to 19th Sts. Continued. William A. Kirk Mrs. C. C. Gilbert. The Mayor then announced that this was the time and place set for the hearing of protests or objections against the work or the assessment district, each as set forth in the Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. No one responded. All protests were referred to the City Engineer for checking and report as to the percentage of the area represented thereby. The Engineer reported that the protests represented approximately 1.4% of the total area of the assessment district. All protestants, having been heard, and an opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council having before them a dia- gram of the assessment district, and being familiar with the assessment dis- trict, and also having considered all protests filed and the matter as to the area of property represented by said protestants, Councilman Blue pre- sented the following Resolution and moved its adoption: 'WHEREAS, Certain protests having been filed by William A. Kirk and others, protesting against the doing of the work and improvement described in Resolution of Intention No. 3519, or against the assessment district; and WHEREAS, the City Council having carefully considered all protests or objections and having considered the area of the district represented by said protests; NOW, THEREFORE, BE IT RESOLVED by this City Council that it does hereby find and determine that the said protests or objections have been made by the owners of less than one -half of the area of the property to be assessed for said work and improvement, as set forth in said Resolution of Intention No. 3519; and BE IT FURTHER RESOLVED that each and all of the said protests or objections be, and the same are, hereby overruled and denied. The mo- tion was seconded by Councilman Greeley and carried by the following roll - call vote, to -wit: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake. Councilman Greeley then offered and moved the adoption of Resolu- RES. 3824. Grading, tion No. 3524 ordering work in the matter of grading, paving and otherwise Paving Alleys, improving certain alleys between 11th and 19th Streets in the City of New - Ordering Work port Beach, which motion was seconded by Councilman Blue, and upon roll -call was adopted by the following vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake. Councilman Blue then offered and moved the adoption of Resolution Res. 3525. Adopt. No. 3525, which resolution determines the general prevailing rate of wage Unifm.Wage Scale for the grading, paving and otherwise improving certain alleys between 11th and 19th Streets in the City of Newport Beach, which motion was seconded by Councilman Greeley, and upon roll -call was adopted by the following vote AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake On motion of Councilman Greeley, seconded by Councilman Blue and carried, the regular order of business was resumed. COMMUNICATIONS. A petition containing 177 names was presented from the floor by Petition to remove Edward H. Allen, requesting removal of the taro -hour limit parking signs on 2- hr.limit pkg. the Balboa Parking Lot. On motion of Councilman Greeley, seconded by Coun- signs from auto pk. cilman Blue and carried, the petition was ordered filed after the City Man- ager had stated that he would see that the signs were removed. The petition of Fire Chief Crocker for permission to attend the Joint Conventions of the Pacific Inter - Mountain Association and the Associa- F-1he Chief Crocker tion of Fire Chiefs at San Francisco, from September 10th to 15th, with the to attend convention usual expense allowance, was granted on motion of Councilman Blue, seconded at S. F. by Councilman Greeley and carried by the following roll -call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN Blue, Greeley, Isbell None Finch, Drake. 399 A letter from the Newport Harbor Post of the American Legion, re- questing the City Council to oonsider an ordinance requiring registration Amer.Legion re of all communists in the Harbor Area, was read. On motion of Councilman registration of all Greeley, seconded by Councilman Blue and carried, the letter was referred Comms. in Harbor Area to the City Attorney for study and report at the next meeting. A letter from W. H. Me Donald of the Newport Beach Firemen's Club, requesting assistance in defraying the expense of sending a delegate to the McDonald,request for annual convention at Hoberg's Resort the latter part of September, was read. help to defray exp. On motion of Councilman Blue, seconded by Councilman Greeley and carried, for Firemen °s Club the request was denied, convention denied. A letter from Alexander Mark requesting continuous use of the re- cently installed microphones to facilitate hearing at Council meetings was read. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the letter was ordered filed. A letter from the Beacon Bay Community Association requesting police protection on undedicated streets was read. On motion of Coun- cilman Blue, seconded by Councilman Greeley and carried, the letter was referred to the City Attorney for preparation of the requested amendment. A letter from Francis Horvath, Chairman of Parks and Recreation, requesting allocation of additional tax money for the park and recreation program, was read. Mayor Isbell stated that he believed the question of using additional tax money for parks should be referred to the people. Mr. Horvath spoke from the floor, as did Mr. Higgins, both urging increased allocation of funds for parks and recreation. On motion of Councilman Blue, seconded by Councilman Greeley and carried, the communication was ordered filed. The request of Building Inspector A. M. Nelson for permission to attend the annual Pacific Coast Building Officials Convention at San Diego on October 3rd with the usual expense allowance, was granted on motion of Councilman Blue, seconded by Councilman Greeley and carried. The application of Byron 0. Leeper to peddle home -grown produce from door to door under an exempt license was presented, and on motion of Councilman Greeley, seconded by Councilman Blue and carried, the re- quest was granted. UNFINISHED BUSINESS. ' Ordinance No. 627, being AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH LYING SOUTHERLY OF CALIFORNIA STATE HIGHWAY, ORA -60 -A AND NORTHERLY OF THE FORMER COURSE OF THE SANTA ANA RIVER AS ESTABLISHED IN CASE NO. 23656, ORANGE COUNTY SUPERIOR COURT, KNOWN AS BANNING NO. 1 PARCEL was presented for second reading. On motion of Councilman Greeley, se- conded by Councilman Blue and carried, reading of the-ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, Or- dinance No. 627 was adopted by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake NEW BUSINESS. Resolution No. 423 of the Planning Commission, approving the ap- plication of Theodore Robins for a conditional permit in construction of buildings at 534 Coast Highway, Newport Beach, was concurred in by the City Council on motion of Councilman Greeley, seconded by Councilman Blue and carried by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake Resolution No. 424 of the Planning Commission, approving the ap- plication of David R. Thomas for a re- subdivision of Lots 1 and 2, Block 141, Corona del Mar, was concurred in by the City Council on motion of Councilman Greeley, seconded by Councilman Blue and carried by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake The application of the O'Connor Engineering Laboratories to fabricate, assemble, operate and test steam boilers for experimental Use of microphones Police protection for undedicated streets Request for add. Park Rec. money. A.M.Nelson to attend convention at S.Diego B.Leeper, exempt lic. Ord. 627 for 2nd read. Annex. Banning No.l. Ord. 627 adopted Res.423,P1an.Com. Th.Robins. Appr. Res. 4?)!, Plan.Com. D.R.Thomas. Appr. 40® purposes at 2818 Lafayette St., Newport Beach, having been approved by the Fire Department, was granted on motion of Councilman Greeley, seconded by Councilman Blue and carried. The Planning Commission submitted the comprehensive report of its work with the planning consultants as follows: 1. A revised zoning ordinance. Comprehensive 2. A districting,map for the City of Newport Beach. report of P1an.Com. 3. A resolution adopted by the Planning Commission at and consultants. a regular and duly constituted meeting of its mem- bers held June 15, 1950 at the City Hall._ 4. Recommendations of the planning consultants, Hahn Campbell & Associates, in regard to the revised zoning ordinance and districting map for the City of Newport Beach. On motion of Councilman Greeley, seconded by Councilman Blue and Sept.25 set as carried, the date for a public hearing was set for September 25th at 7:30' Hearing Date. P.M., and the City Clerk was instructed to advertise the same. The City Attorney presented Resolution No. 3826, fixing the tax 1950 -51 tax rate rate for the fiscal year 1950 -51. On motion of Councilman Greeley, seconded set. by Councilman Blue, the Resolution was adopted by the following roll -call vote: RES. No-3826 AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake A petition signed by 15 property owners in the area between Edge- water Avenue,Adams St. Bay Ave. and Fernando St., asking that this area Petition - R -4 Zone B:e classified as an R -4 zone under the proposed new zoning ordinance, was Balboa. presented. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the petition was filed for consideration with the zoning or- dinance. The City Attorney requested authority to negotiate a compromise agreement with the County of Orange in the pending quiet title action on RES. 3827 the property leased by the Balboa Bay Club. He stated that it was his Quieting title, opinion that an agreement mutually satisfactory to both City and County Bal.Bay Club could be reached. Resolution No. 3827 incorporating the details of the agreement and authorizing the City Attorney to proceed with the negotia- tions was adopted on motion of Councilman Blue, seconded by Councilman Greeley and carried by the following roll - caul vote: AYES, COUNCILMEN: Blue, Greeley, Isbell , NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake The City Attorney presented Ordinance 628, being AN ORDINANCE ADDING SECTION 4234 TO THE MUNICIPAL Ord. 628. Prohib. CODE OF THE CITY OF NEWPORT BEACH PROHIBITING. THE Bridge Diving. DIVING OR JUMPING FROM PUBLIC BRIDGES IN THE CITY Introduced. OF NEWPORT BEACH AND PROVIDING A PENALTY FOR VIO- LATION THEREOF. On motion of Councilman Blue, seconded by Councilman Greeley and carried, reading of the ordinance was waived. Ord. 628 to 2nd read. On motion of Councilman Greeley, seconded by Councilman Blue, Ord- inance No. 628 was passed to second reading by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake Ord. 629 introduced. Ordinance No. 629 was presented by the City Attorney, being PL & PD Ins. for vessels. AN ORDINANCE ADDING SECTION 10150 TO THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH, REQUIRING CERTAIN VESSELS TO CARRY PUBLIC LIABILITY AND,PROPERTY DAMAGE INSURANCE, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF._ On motion of Councilman Blue, seconded by Councilman Greeley and carried, reading of the ordinance was dispensed with. On motion of Councilman Blue, seconded by Councilman Greeley, Qtd- Ord. 629 to 2nd read. finance No. 629 was passed to second reading by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: Finch, Drake. The City Manager requested authority to enter into a mutual aid fire protection plan with the other cities of Orange County and Orange County, in order to provide for greater fire safety and the interchange of equipment in emergencies. On motion of Councilman Blue, seconded by Councilman Greeley and carried, a mutual aid agreement was approved by the following roll - call vote: AYES, COUNCILMEN: Blue, Greeley, Pinch.. NOES, COUNCILMEN: None ABSENT COUNCILMEN: brake.; 3zliell Mrs. Meeker complained of seeping water in Avon Street at the rear of the Lee Haven Motel. The City Engineer explained that the pipe provided for drainage had proved impractical and that an attempt had been made to solve the problem by building a rock drain, but at certain seasons this did not have sufficient carrying capacity. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the City Engineer and City Manager were instructed to endeavor to find a solution for the problem. The City Engineer stated that the Sully- Miller Company and the John J. Swigart Company, being identical low bidders for the contract for paving the Corporation Yard, had conferred, and that it was his recommendation the contract be awarded to the Sully- Miller Company. Whereupon, Councilman Blue moved the adoption of Resolution 3829 awarding the contract to Sully - Miller Company at the price named in their bid. The motion was seconded by Councilman Greeley and the Resolution adopted by the following roll -call vote: AYES, COUNCILMEN: Blue, Greeley, Finch. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Drake, hsbell. On motion of Councilman Greeley, seconded by Councilman Blue and carried, the meeting was adjourned, Sine Die. ATTEST: Ul ty Ller i Mayor 4 ®1 Mutual aid Fire Equipment Agreement. Water seepage reported by Mrs. Meeker Res, 3829. Awd. Contr. to Sully- Miller for paving Corp. Yard.