HomeMy WebLinkAbout05/17/1937 - Adjourned Regular Meeting01
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Newport Beach, May 17, 1937•
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 7:30 P. M. on above date, with Mayor
Williamson in the Chair.
The roll was called and the following Councilmen answered
present: Gordon, Claire, Whitson, Williamson. Absent: Councilman
Garfield.
REPORTS OF SPECIAL COMMITTEES None. '
REPORTS OF STANDING COMMITTEES None.
The application of Roberts for a license to overate
a Short Range Shooting Gallery in the Stone Building, Newport Beach,
was on motion of Councilman Claire, seconded by Councilman Gordon
and carried, referred to the Police Committee and the Chief of
Police.
The application of Jane Manchester for a license to operate
a cafe at 415 East Central Avenue, was on motion of Councilman Claire,
seconded by Councilman Gordon and carried, allowed s*bject to the
approval of the Health Officer.
The application of Al Anderson for permission to erect a
vier fronting on Block B, Balboa Bayside Tract, was on motion of
Councilman Claire, seconded by Councilman Whitson and carried,
referred to the City Engineer.
The application of Louis M. Boyle for permission to erect
a pleasure pier fronting on Lot 17, Bay Island, was on motion of
Councilman Whitson, seconded by Councilman Gordon and carried,
referred to the City Engineer.
The application of W. R. Fowler for permission to operate
a bait stand on City property on 19th Street and Bay Front, was on
motion of Councilman Claire,,seconded by Councilman Whitson and
carried, referred to the Planning Commission.
The request of Rev. Wm. R. Hessell for permission to
conduct services from a boat at the foot of 15th Street on the Bay
side, was presented. It was moved by Councilman Gordon, seconded
by Councilman Claire and carried, that a special permit be granted.
The request of Donald J. Dodge, President of the Board of
Trustees of the Newport Harbor Union High School, for a 25 year
lease on City owned property fronting on the North Channel, was on
motion of Councilman Claire, seconded by Councilman Gordon and
carried, Laid on the Table.
The letter of J. A. Thomas complaining of sand having been
removed by the contractors in building the Balboa Island Seawall,from
the beach fronting on Tract 742, Balboa Island, was on motion of
(buncilman Gordon, seconded by Councilman Claire and carried, referred
to the City Engineer.
The letter of Myra G. Newmark calling attention to broken
curbing in front of 104 Onyx Avenue, Balboa Island, was on motion of
Councilman Claire, seconded by Councilman Whitson and carried,
referred to the City Engineer.
The letter of E. U. Briggs requesting a ruling as to his
rights in the use of certain property in Corona Del Mar, was on
motion of Councilman Claire, seconded by Councilman Gordon and
carried, referred to the City Attorney for reply.
The statement presented by C. F. Dennison for commission
for the sale of certain City owned property in Tract 772, was on
motion of Councilman Claire, seconded by Councilman Gordon and
carried, Laid on the Table.
UNFINISHED BUSINESS
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. 1108
in the matter of the construction of a steel sheet pile bulkhead and
appurtenances and appurtenant work adjacent to the easterly line of
Block P of Tract No. 519, adopted by the City Council of said City
on the 19th day of April, 19370
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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 of the 23rd day of February, 1937 under the provisions
1 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.
Councilman Claire then offered and moved the adoption of
the Resolution Ordering Work No. 1139 in the matter of,the construction
of a steel 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 Gordon, and upon roll call same was adopted by
the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None,
ABSENT: Councilman Garfield.
Councilman Claire then offered and moved the adoption of
Resolution No. 1140, ordering and directing that the work described
in Resolution Ordering Work No. 1139 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
Gordon, and upon roll call same was adopted by the following vote,
to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
ORDER ASCERTAINING AND DETERMINING
THE PREVAILING RATE OF WAGES TO BE
PAID FOR CONSTRUCTION OF A STEEL
SHEET PILE BULKHEAD ADJACENT TO THE
EASTERLY LINE OF BLOCK P OF TRACT
NO. 518 IN THE CITY OF NEWPORT BEACH,
CALIFORNIA.
to -wit: Councilman Claire moved the adoption of the following order,
WHEREAS, the City Council did on the 19th day of April, 1937,
adopt Resolution of Intention No. 1108 for the construction of a steel
sheet pile 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 397 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
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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 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 steel 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
Foreman......... ........ ..........................$1.25
Piledriver operator ......... ..........................1.125
Carpenter...., ......................................... 1.00
Truck driver ....... ........ 0 75
Labor - skilled..... .... ............................. M2
Labor - unskilled ..... ............................... 0.56
Timekeeper ............ ............................... .60
Watchman .............. ............................... 0.56
Teamster... ........ ............................... 0.56
Operator - air compressor ............................ 0.75
Operator - hoist .......... ........................... 0.75
Operator - bump .. .. .............................. 0.75
Operator - power shovel or crane ..................... 1.125
Operator - concrete mixer ............................ 0.75
Cement finisher.... .. 1.00
Steel worker - reinforcing ........................... 1.125
Engineer, pile driver . ............................... 1.12
Oiler. .... .................. 0.62
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, guards or flagmen)
2 times the above.
Said motion was seconded by Councilman Gordon, and upon
roll call was adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Ordinance No. 457 came up for final passage, being an,
ordinance
of the City of Newport Beach amending Section 27 -c of Ordinance No. 190
of the City of Newport Beach and relating to Harbor Regulations in the
matter of mooring boats. The ordinance was read and on motion of
Councilman Claire, seconded by Councilman Whitson, the same was adopted
by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Ordinance No. 459 was presented for final passage, being an
ordinance amending Sections 23 and 55 of License Ordinance No. 393 and
pertaining to Plumbing Contractors fees and for conducting the business
of selling new or used automobiles, and further adding to said license
Ordinance No. 393 new sections to be known as Section 93 and Section
79 -a and pertaining to the licensing of the business of "Penny Arcades"
and prohibiting the licensing of operating the business of renting
motorcycles, motor glides, motor scooters or motor bicycles, or any
two or three wheeled motor driven vehicles.
The ordinance was read and considered and on motion of Coucnil-
man Claire, seconded by Councilman Gordon, was adopted by the following
vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
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City Attorney Thompson presented an ordinance, being an
ordinance regulating amusement machines, requiring a permit from the
Chief of Police and providing for the revocation of said permits.
The ordinance was read and considered, and on motion of Councilman
Gordon, seconded by Councilman Whitson, was passed to the second read-
ing by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
1 Councilman Claire moved the adoption of Resolution No. 1141,
being.a resolution accepting the offer of Charles C. Fipps and Eunice
B. Fipps for Lot 13, Block 132, Lake Tract, in the City of Newport
Beach, as shown on Map recorded in Book 4, page 13 of Mao Books,
records of Orange County, California. The motion was duly seconded by
Councilman Gordon and the resolution adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Councilman Claire moved the adoption of a Resolution No. 114.2,
being a resolution authorizing the Mayor and City-Clerk to execute on
behalf of the City of Newport Beach a contract for the furnishing of
water under certain specified conditions by said City to RCA Communications
Inc.'for a period'of one year. The motion was duly seconded by Council-
man Gordon and the resolution adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Councilman Claire moved the adoption of Resolution No. 1143,
being a Resolution authorizing the Mayor and City Clerk to execute on
behalf of the City of Newport Beach a contract for the furnishing of
water under certain specified conditions to the Standard 011 Company
of California, for a period of one year. The motion was duly seconded
by Councilman Gordon and the resolution adopted by the following vote,
to -Writ
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
City Engineer Patterson presented an itemized statement of the
expenditures for street construction and maintenance on Orange Street
Grade crossing, Marine Avenue between Park Avenue and Balboa Avenue,
and certain alleys on Balboa Island. Whereupon Councilman Claire moved
the adoption of Resolution No. 1144, being a resolution authorizing
and directing the Mayor of the City of Newport Beach to approve in
writing, said written expenditures, and that an itemized statement of
said expenditures in the total sum of $2,468.79 be submitted and filed
with the Board of Supervisors of the County of Orange., in connection
with this Resolution, and that a certified copy of this Resolution be
filed therewith. The motion for adoption was duly seconded by Council-
man Whitson and the resolution adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
Councilman Claire moved the adoption of the following
Resolution:
WHEREAS, the City Engineer present an application to the
Department of Public Works of the State of California, for the expendi-
ture of $2,979.19 from the "Special Gas Tax Street Improvement Fund"
for the widening of Marine Avenue between Balboa Xvenue and the first
alley northerly thereof, for the fiscal year ending June 30, 1935: and
WHEREAS, the City of Newport Beach will receive approximately
$2,051.12 from the Department of Public Works of the State of California,
as its share of the one - quarter (J) cent gas tax allocation for the
fiscal year ending June 30, 1937; and
WHEREAS there is an unexpended balance on Project No. 1 in
the amount of 1.0.60, and an unexpended balance on Project No. 2 in
the amount of 4375.4.9, which funds are in the "Special Gas Tax Street
Improvement Fund'; and
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WHEREAS, said funds are to be depostied in the "Special
Gas Tax Street Fund " and to be expended on City streets of major
importance, in accordance with the rules and regulations of the
De_artment of Public Works of the State of California.
NOW, THEREFORE, BE IT RESOLVED: That the City Council
determines that the gas tax funds received by the City for the
fiscal year ending June 30, 1935, shall be expended in accordance
with the rules and regulations of the Depaftment of Public Works
of the State of California, for the improvement and widening of
Marine Avenue between Balboa Avenue and the first alley northerly
thereof; and
BE IT FURTHER RESOLVED; That the City Engineer of the
City of Newport Beach, be and is hereby authorized and instructed
to make application to the Department of Public Works of the
State of California for approval of said widening of Marine Avenue,
which motion was duly seconded by Councilman Whitson, and upon
roll call was adopted by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Williamson.
NOES: Councilmen None.
ABSENT: Councilman Garfield.
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 on May 17, 1937, and by the vote above stated.
Frank L. Rinehart
City Clerk of the ity of Newport
Beach.
I, Frank L. Rinehart, City Clerk of the City of Newport
Beach, hereby certify that the above is a true and correct copy
of the minutes of the regular adjourned meeting of the City
Council of the City of Newport Beach, held on May, 17, 1937.
City Clerk of the City of Newport
Beach.
Mr. Smoot, representing the maters of Motor Glides
addressed the Council on behalf of W. Paul Butler, applicant for
a license to operate said vehicles.
City Engineer Patterson brought up the matter of Gas Tax
Funds for the maintenance of certain NIghways in the City and on
motion of Councilman Claire, seconded by Councilman Gordon and
carried, the City Engineer was authorized to sign the application
to the State Department of Public Works for same.
ADJOURMENT
It was moved by Councilman Claire, seconded by Councilman
Whitson and carried, that an adjour ment be taken Sine Die.
Manor o the City of Newoort Beach
PROVED: Councilman
ity Councilman