HomeMy WebLinkAbout12/02/1935 - Regular Meeting174
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.
AP WED:
city Clerk.
Newport Beach, December 2, 1935.
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 515,
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.
175
Councilman Claire then offered and moved the adoption of the
Resolution Ordering Work No. 926 in the matter of the construction of
a wooden, 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 Gordon and upon roll call same was adopted by the following
vote, to-wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
Counc }lman Claire then offered and moved the adoption of
'Resolution No. 927, ordering and directing that the work described in
Resolution Ordering Work No. 926 be done under the direction of the City
Engineer instead of the Superintendent of Streets of the City of Newport
Beach. Which motion was duly seconded by Councilman Garfield and upon
roll call same was adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
rr
ORDER ASCERTAINIAG AND DET'ERLINING THE
PREUAILIrIG RATE OF WAGES TO BE PAID FOR
COASTRJCTION OF A WOUDEN BULKHEAD ADJA-
CENT TO THE EASTERLY LINE OF BLOCK P OF
TRACT 140.518 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 12th day of November,
1935 adopt Resolution of Intention No. 919 for the construction of a
wooden bulkhead adjacent to the easterly line of Block P of Tract No.
518 in the City of Newport Beach, California; and
WHEREAS, pursuant to Chapter 3-97 of the Statutes of 1931 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 Act makes
it 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 oT 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 prevailing 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 wooden 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
Foreman $1.10
Pile driver operator ....................... 1.00
Carpenter.... ............................... 1.00
Truck driver .. 75
Labor - skilled. 0 :621
Labor - unskilled ................ 0.56
'
Timekeeper • .. ............................... 0.60
Watchman 0.56
Teamster 0.56
Operator - air compressor .................. 0.75
Operator - hoist ........................... 0.75
Operator - pump ............................ 0.75
Operator - power shovel or crane ........... 1.00
Engineer, pile driver ...................... 1.00
Oiler 0.622
Trouble shooter mechanic ................... 0.75
Any classification omitted herein, not less than ....... 0.56
Overtime, 1 -1/2 times the above.
Sundays and holidays (except watchmen, quards or flagmen)
2 times the above.
176 01
Said motion was seconded by Councilman Garfield and upon
roll call was adopted by the following vote, to-wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield. Kilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
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. 918 in the matter of the
construction of cement concrete bulkhead and other work and improvement
in and around Balboa Island in the City of Newport Beach, California,
which resolution was 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 post-
ing of the Notice of Improvement, as required by law, have been made and
are on file in the office of the City Clerk.
The kayor, 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 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 50 written
protests had been filed with him prior to the time set for the hearing
from Louise Errington and others protesting against the proposed improve-
ment and assessment district.
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. Those responding were: Mrs. Mary Mitchell, T.E. Adams,
E. B. Spencer, by attorney H. E. Hurd, Wm. Barshfield, by attorney H. E.
Hurd.
On motion of Councilman Claire, seconded by Councilman Garfield.
and duly carried, all protests were referred to the City Engineer for
checking.
The engineer reported that the written protests represented
5.90/'o 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 it the
diagram of the assessment district and being familiar with the said assess-
ment district, and also having considered all protests filed, and having
considered the character and nature of the proposed work and the necessity
for the same, and having considered the matter as to the area of the property
to be assessed'for' the said'imprbvemont represented•by the several
protestants, 06uncilmah Claite'presented'the following resolution and
moved its adoption:
WHEREAS,'oeitain protests'having been filed by Louise Errington
and others, protesting against the doino'of'the work described in
Resolution of Intenti6n'No.'918, or against the assessment district; and
WHEREAS,'the City Council has carefully considered all protests I
or objections and having considered'the area of the district represented
by the said protests; .. "
NOYi,'THEREFORE, SETT 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'the said work and improvement, as set forth in said
Resolution of Tnteintion' Nb. ' 918; ' and
BE BE IT FURTHER RESOLVED', "that each'and all-of-the said protests
or objections be and the same are'hereby overruled and denied.
177
Said motion was duly seconded by Councilman Gordon and upon
roll call same was adopted oy the following vote, to -wit:
AYES: Councilmen Gordon,-Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen Zone.
ABSENT: Councilmen None.
Councilman Gordon then offered and moved the adoption of the
Resolution Ordering Viork x4o. 928 in the matter of the construction of
cement concrete bulkhead and appurtenances and other work and improvement
in and around Balboa Island in the City of Newport Beach. Which motion
was duly seconded by Councilman Claire and upon roll call same was
adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
Councilman Claire then offered and moved the adoption of
Resolution No. 929, ordering and directing that the work described in
Resolution Ordering Work No. 928 be done under the direction of the City
Engineer instead of the Superintendent of Streets of the City of Newport
Beach. Which motion was duly seconded by Councilman Garfield and upon
roll call the same was adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
On motion of Councilman Claire, seconded by Councilman Gordon
and carried, the regular order of business was resumed.
REPORTS OF HEADS OF DEPARTLEJTS
The report of the City Treasurer was read, andon motion of
Councilman Claire, seconded by Councilman Gordon and carried, the report
was accepted, the reading of reports of other Heads of Departments
dispensed with and all the reports ordered-filed.
' On motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, the lettex,report, zoning ordinance and map submitted by
the Planning Commission were ordered filed and the hearing on same set
for December 23,*1935-
There being a vacancy on the Library Board due to the resignation
of Mrs. Margaret R. Burlingame, Phayor Hilmer proceeded to appoint Mrs: Roy
H. Summers as a member of the Board. On motion of Councilman Claire,
.seconded by Councilman Ellsworth and carried, the appointment was confirmed.
REPORTS OF SPECIAL 0%)L�IITTEES
Councilman Gordon, Chairman of the Police Committee appointed
to consider the one -way traffic plan on Central Avenueas suggested by
the Chamber of Commerce advised that the'report was not ready for
presentation.
REPORTS OF ShiNDING 00 iuITTEES None.
0U1hkUA I CAT I UW S
The application of J. L. 'Ziegler for permission to construct
a pleasure pier fronting on Lot 1, Block 30 Tract 626, was on motion of
Councilman Claire, seconded by Councilman Ellsworth and carried, referred
to the City Engineer.
The application of E. H. Day to build an extension to an
' existing pier fronting on the Easterly 65 feet of Block 109, Section B,
was on motion of Councilman Claire, seconded by Councilman Ellsworth
and carried, referred to the City Engineer for report.
The application of Frederick and Grace Leon for permission to
construct a pleasure pier fronting on Lot 455, Tract 907, Lido Isle was
on motion ofCouncilman Claire, seconded by Councilman Ellsworth and
carried, referred to the City Engineer for report.
The letter of the Newport Beach City Planning Commission
requesting an extension of ninety days of the Interim Zoning Ordinance
was read, and on motion of Councilman Claire, seconded by Councilman
Gordon and carried, was ordered filed.
178
On motion of Councilman Claire, seconded by Councilman
Garfield and carried, the Ordinance extending the Interim Zoning
Ordinance was passed to the second reading.
The letter of nrr. Clark relaving to certain alleged conditions
in Tract 7721 was on motion of Councilman Claire, seconded by Councilman
Garfield and carried, referred to the Committee previously appointed by
the Mayor to investigate and report on the matters complained of.in that
district.
The letter of Roscoe A. Norton asking for an amount of money
expended by him for repairs to a boat said to have been damaged by the
City's sewer pipe in the basin of the north channel, was on motion of
Councilman Claire, seconded by Councilman Ellsworth and carried,
referred to the City Attorney for report.
The application of J. A. Gillard for a veteran's exempt
license to sell certain articles in the city bf Newport Beach, was on
motion of Councilman Claire, seconded by Councilman Gordon and carried,
allowed.
The letter of Harrison E. white, Scout Executive of the Boy
Scouts of America, extending to the City Council the thank§ of the
organization for the hospitality and assistance rendered in the First
Annual Sea Scout Regional Rendezvous, was on motion of Councilman Claire,
seconded by Councilman Gordon and carried, ordered filed.
U1NFINISHED BUSINESS
Ordinance No. 436, being AN ORDINANCE OF THE CITY OF NEWPORT
BEACH RELATING TO THE CARE AND EXPENDITURE OF MONEYS RECEIVED FROM THE
STATE OF CALIFORNIA UNDER THE PROVISIONS OF ARTICLE 5, CHAPTER I,
DIVISION I, OF THE S'TREI'TS AND HIGHWAYS CODE.
The above and foregoing ordinance was passed by the City Council
of the city of Newport Beach at a regular meeting thereof held on the
2nd day of December, 1935 by the following vote, to-wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
On motion of Councilman Cla
Garfield, Resolution No. 930 granting
agreement between the City of Newport
connection with certain provileges on
by the following vote, to -wit:
AYES: Councilmen Gordon, Claire,
NOES: Councilmen None.
ABSENT_: Councilmen None.
ire, seconded by Councilman
a two years extension of the
Beach and C. E. I cFarland in
the Newport pier, was passed
Ellsworth, Garfield, Hilmer.
The application of H. E. Kendall for permission to construct
a pleasure pier fronting on Lot 5, Block 2, Section 5, Balboa Island,
having been approved by the City Engineer, was on motion of Councilman
Claire, seconded by Councilman Ellsworth and carried, allowed.
The application of W. H. Laury for permission to construct a
pleasure pier fronting on Lot 51, Tract 907, Lido Isle, having been
approved by the City Engineer, was on motion of Councilman'Claire,
seconded by Councilman Ellsworth and carried, allowed.
NEW BUSINESS
The monthly demands having been duly audited by the Finance
Committee, were on motion of Councilman Claire, seconded by Councilman
Gordon and carried, allowed.
It was moved by Councilman Claire, seconded by Councilman
Ellsworth and carried, that #650 be transferred from the General Fund
to the Park. Fund for the purpose of replanting flowers and shrubs
along the Pacific Electric Right of Way, and that the City Engineer
be instructed to procure a new lease from the Railway Company.
City Engineer Patterson reported on the Lighthouse service
in connection with the establishing of certain beacons in the Bay,
whereupon Councilman Claire moved the adoption of the following
Resolution. WHEREAS THE U. S. LIGHTHOUSE SERVICE HAS APPLIED TO
THE CITY OF NEWPORT BEACH FOR THE RIGHT AND PRIVILEGE OF USING CERTAIN
STREETS AND ALLEYS IN SAID CITY FOR UNDERGROUND SERVICE CONDUITS, Now
therefore be it resolved that the City of Newport Beach grant to the
J. S. Lighthouse service the right and privilege of laying and maintain-
ing certain underground conduits for service lines under, through and .
I
179
across the following streets and alleys:
Li4ht No. l• Along the northeasterly side of Channel Road between
N Street a point 50 feet northerly of N Street, and along the southerly
line of Lot 41 of Tract 756, as shown on Yap recorded in Book 23, Pages
7 and 8, Records of Orange Councy California, and across tide lands and
submerged lands owned by the City of Newport Beach between the U. S.
G6verninent Bulkhead Line and Light No. 1.
Light No. 2: First alley north of South Bay Front and east of
Turquoise Avenue, along the southeasterly side of Turquoise Avenue from
the above described alley to the J. S. Government Bulkhead line, and
across tide lands and submerged lands owned by the City of Newport Beach
between said Bulkhead Line and Light No. 2.
Light No. 6; Along easement through Lot H of Tract 91Q, as shown
on kap recorded in Book 29, pages 31 to 34 inclusive, Records of Orange
County, California, and across tide lands and submerged lands owned by
the City of Newport Beach between the U. S. Bulkhead line and Light No. 6.
Councilman Garfield seconded said motion and'-upon roll call the same
was passed by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Ellsworth, Garfield, Hilmer.
NOES: Councilmen None.
ABSENT: Councilmen None.
City Engineer Patterson reported on the necessary changes to be
made iii the water main due to the construction of the overhead crossing
at the Arches Coroner, and also the material required for the work. On
emotion of Councilman Claire, seconded by Councilman Gordon and carried,
the City Clerk was directed to advertise for bids for the materials only
and as specified by the City Engineer.
ADJO URNL:ENT
On motion of Councilman Ellsworth, seconded by Councilman
Claire and carried, an adjournment was taken to 7:30 o'clock p. m.
December 23, 1935•
Mayor of the City of Newport Beach
Con 'loran
APPR ED:
ouncilman
+ ,
City Clerk: Councilor