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HomeMy WebLinkAbout03/04/1946 - Regular Meeting,�. A. Roll Call Regular order of business changed to consider matter of improvement on Balboa Island alleys. Minutes on Hearing of Resolution of Intention No. 3279, Balboa Island March 4, 1946 The City Council of the City of Newport.Beach met in regular session in the City Council Chambers at the City Hall at the hour of 4 o'clock .m. on above date with Mayor Hall presiding. The roll was called, the following Councilmen answering present: Allen, Isbell, Stanley, Reed, Hall 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 dispensed with. on motion of Councilman Allen, seconded by Councilman Reed and carried, the regular order of business was changed in order to take up the matter of the hearing of protests against the work of the improvement of alleys on Balboa Island. MINUTES ON HEARING OF RESOLUTION OF INTENTION N0. 3279, BALBOA ISLAND 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. 3279 in the matter of certain public improvements in Sections 1 to 5, Balboa Island and Tract No. 742, by the City Council adopted on the 4th day of February, 1946. The Clerk also reported that affidavits in support of the publication of the Resolution of Intention, the mailing of Postcard notices of the adoption of said Resolution 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 Clerk then presented and read the report of the City Engineer, filed September 17, 1945, pursuant to the provisions of Section 2555 of the t1Special Assessment Inves- tigation, Limitation and Majority Protest Act of 1931 °, Division 4 of the Streets and Highways, Code of the State of California. The Mayor then inquired of the Clerk if any written protests or objections against the work, the assessment district or the grades had been filed with him in said matter. The Clerk reported that two 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, the assessment district of the grades, each as set forth in the Resolution of IntentJm hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. The City Engineer reported that the protests represented approximately .0019% of the 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 assess- ment district and being familiar with the district, and also having considered all protests filed, and having considered the character and nature of the proposed improvements and the necessity for the same, and having considered the matter as to the area of property represented by all protestants, Councilman Allen, presented the following resolution and moved its adoption: WHEREAS, certain protests having been filed by Gloria Gartz, and others protesting . against the doing of the work and improvement described in Resolution of Intention No. 3279, or against the assessment district; and WHEREAS, the City Council has carefully considered all protests or objections and having considered the area of the district represented by the 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 ownersof less than one - half of the area of the property to be assessed for the said work and improvement, as set forth in gid Resolution of Intention No. 3279; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be and the same are hereby overruled and denied. Said motion was duly seconded by Councilman and carried by the following vote: EYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3300 Councilman Allen, then offered and moved the adoption Resolution ordering work. of the Resolution Ordering Work No. 3300, in the matter of certain public improvements in Sections 1 to 5,. Balboa Island and Tract No. 742, in the City of Newport Beach. Which motion was duly 0 0 0 �J seconded by Councilman Stanley, and upon roll call the said Resolution 365 Order Ascertaining and Determining the prevailing rate of wages to be paid for the following public improvement of alleys on Balboa Island. Regular order of business resumed. was adopted by the following vote: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None • ORDER ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR THE FOLLOWING PUBLIC IM- PROVEMENT IN THE CITY OF NEWPORT BEACH, CALIFORNIA Councilman Allen moved the adoption of the following order, to -wit: Whereas, the City Council did on the fourth day of February, 1946, ' adopt Resolution of Intention No. 3279 for the construction of certain public improvements in Sections 1 to 5 Balboa Island and Tract No. 742, all in the City of Newport Beach, California; and Whereas, pursuant to the 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 make it mandatory upon the awarding body of any pbulie 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 prevailing rate of per diem wages in the locality in which the said work • described is to be performed in the matter of certain public improvements in Sections 1 to 5 Balboa Island and Tract No. 742, all in the City of Newport Beach, California, 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: Hourly Per Diem Classification Wage Rate Wage Asphalt plant mixer operator 1.25 10.00 Asphalt plant dryerman or fireman 1.375 11.00 Asphalt raker and ironer 1.125 9.00 Asphalt spreading machine opr. 1.375 11.00 Carpenter 1.35 10.80 Cement finisher 1.35 10.80 Flagman and watchman 0.875 7.00 Heavy duty repairman 1.50 12.00 ' Laborers 0,875 7.00 Mason, brick 1.50 12.00 Oiler, power shovels or cranes 1.125 9.00 Operator, air compressor 1.25 10.00 Operator, concrete mixer 1.25 10.00 Operator, rgotor grader 1.625 13.00 Operabr of power shovel or other excavating equipment, shovel type controls (less than one cubic yard) 1.625 13.00 Operator of power shovel or other excavating equipment, shovel type controls (one cubic yard or more) 1.75 14.00 Operator, pump 1.25 10.00 Operator, roller 1.375 11.00 Operator, tractor 1.50 12.00 Operator, trench machine 1.625 13.00 Pipe layer 1.25 10.00 Truck driver 1.00 8.00 Any classification omitted herein, not less than 0.875 7.00 Provided, that one and one -half (1i) times the said prevailing rate of wage shall be paid, except watchmen flagmen and other non - manula 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 Sunday's and legal holidays. Said motion was seconded by Councilman Stanley and upon roll call was adopted by the following vote, to -wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ' On motion of Councilman Reed, seconded by Councilman Allen and carried, the regular order of business was resumed. REPORTS OF HEADS OF DEPARTMENTS The report of the City Treasurer was read,and on motion of Councilman Allen, seconded by Councilman Isbell, and carried, the report was ordered • filed. The reading of the reports of other departmental heads was dispensed with and all the reports ordered filed. 365 Order Ascertaining and Determining the prevailing rate of wages to be paid for the following public improvement of alleys on Balboa Island. Regular order of business resumed. M REPORTS OF SPECIAL COMMITTEES Applications for licenses The report of the Committee appointed to report on the to operate lunch stands applications for concessions to operate lunch stands on the Newport and on piers denied by Balboa piers was mad, the report being to the effect that it had not been Committee. the policy of the City at any time to permit business enterprises on the beach or streets thereby denying the applications, whereupon Councilman Stanley stated that in interviewing patrons of the piers that they were practicall unanimous in desiring concessions for their convenience. On motion of councilman Isbell, seconded by Councilman Reed the report of the committee was accepted by the following vote, to wit: AYES, COUNCILMEN: Allen, Isbell, Reed, Hall NOES, COUNCILMEN: Stanley ABSENT, COUNCILMEN: None REPORTS OF STANDING COMMITTEES: None COMMUNICATIONS: Application of Richard The application of Richard S. Griffin for a license to operate S. Griffin for license a boat landing at Club House Avenue and the North Channel was on motion to operate boat landing of Councilman Stanley, seconded by Councilman Allen and carried, referred at Club House Ave. to the City Engineer to investigate the zoning status of the location. Referred to Committee. The application of Carmen Arezone for a license to run a juice Apkn. of C. Arezone for drink and cold sandwich place in the Allen Building on Main Street, Balboa license to run juice was on motion of Councilman Allen, seconded by Councilman Isbell and stand, granted, approval carried, granted subject to the approval of the Health Officer. of Health Dept. The application of Tony S. LaBono for a license to conduct a Apkn. of T. S. LaBono sandwich delivery service at 206, Sixth Street, East Newport was on for license, sandwich motion of Councilman Allen, seconded by Councilman Reed and carried, delivery, denied. denied due to zoning restrictions. Apkn. of Civil Aeronau- The application of Phillip J. Bird for a license to run a bus Apkn. of P. J. Bird to line from Newport Heights to Balboa Island was on motion of Councilman run bus line, referred Isbell, seconded by Councilman Allen and carried, referred to the Chief to Chief of Police. of Police. U 0 0 7 0 A petition bearing names of numerous residents of Balboa Island Petition protesting was presented in protest to the operation of a dental office at 226 Onyx °Home Occupation' of Avenue said location being in a residential zone. The Council was addressed Dentist on Bal, Is. on the subject by Doris Powers and Hub Powers stating their views on the Referred to Committee. matter. Councilman Isbell suggested that an amendment to the zoning ordinance modifying the "Home Occupation" section, might be advisable in order to prevent the encroachment of business into residential zones. On motion of Councilman Allen, seconded by Councilman Isbell and carried, the Mayor was requested to appoint a committee to investigate the situation and report to the Council, whereupon Mayor Hall appointed the Chief of Police, building Inspector, City Administrator Sailors, Council- men Allen and Reed as the Committee with power to act in the matter. Apkn. of Civil Aeronau- The application of theCivil Aeronautics Administration for a tics for lease on add- lease on additional land for their present lease used as a "Fan Marker" itional land for their site was presented together with written consent from the lessee of the present lease, granted. land for agricultural purposes and on motion of Councilman Stanley, sec- onded by Councilman Allen and carried, same was granted subject to securing a written consent from the lessee of the land for oil development. Letter of Geo. H. Coffin The letter of George H. Coffin, Jr., protesting the re- zoning Jr., protesting re- zoningof property in Tract 519 for purposes other than residential was read:• In Tract 519, referred and on motion of Councilman Stanley, seconded by Councilman Allen and to PlanningGommission. carried, was referred to the Planning Commission. Reports from Bay Front and Inside property owners on Balboa Island, together with a letter from Attorney Fred Forgy, representing Reports from Bay Front the Bay Front property owners were presented, the reports dealing and I side property mostly with requests for dredging to expand the sand beach around the owner'g with recommen- Island; to prohibit picnicking on the beach, removal of sanddollies dations. and boats from the beach and other recommendations together with a request for a 30 day extension for a progress report on the pier controversy. 30 day extension granted On motion of Councilman Allen, seconded by Councilman Reed and carried, for report of progress. the matter of dredging and the removal of sand dollies and boats from the beach and reduction in size of floats was referred to the City Engineer and Harbor Master; the enforcement of the picnic ordinance to the Chief of Police. On motion of Councilman Reed, seconded by Councilman Stanley and carried, 30 days extension was granted for a progress report on the pier matter. Request of Marguerite The request of Marguerite MacCulloch for the vacation of the MacCulloch for vacation alley lying to the rear of Lots 1 and 2, Block A, Tract 673, Corona del of alley, referred to Mar with a reservation for public utilities was on motion of Councilman Planning Commission. Stanley, seconded by Councilman Allen and carried, referred to the Planning Commission. Communication of Bennett The communication of Bennett and McNiel suggesting a more and McNiel re: taxi cab comprehensive ordinance regulating taxi cab service was presented and on ordinance, referred to motion of Councilman Stanley, seconded by Councilman Isbell and carried, Attorney and Chief of was referred to the City Attorney and Chief of Police to prepare an Police. ordinance in keeping with the suggestions offered. The request of Nicholas A. Wagner for the improvement of an Request of Nicholas A. alley at 3706 Channel Place, alleging that same had been promised, was Wager for improvement of on motion of Councilman Reed, seconded by Councilman Allen and carried, alley:eferred to Engin- referred to the City Engineer and Street Superintendent with instructions eer and St. Supt. to report on the question. City Engineer Webb explained the situation to the Council. Residents protest high Residents in the vicinity of the 300 Block on Edgewater Avenue fence of Christian's Hut presented a protest regarding a high fence and bamboo hedge enclosing an referred to Police Chief. open air beer parlor of the Christian's Hut and requested removal of same. On motion of Councilman Stanley, seconded by Councilman Allen and carried, same was referred to the Chief of Police. U 0 0 7 0 0 C u 36 The request of Roy Edwards, �'hairman of the Harbor Commission, Request of Roy requesting permission to use the Harbor Master's office temporarily Edwards to use Har- until another locaction can be secured for Morgan Nobel representing the bor Master's office- Harbor Commission. On motion of Councilman Reed, seconded by Councilman Laid on the Table. Allen and carried, the request was referred to the Harbor Master with Earl Stanley propert power to act. Resignation of The request of City Administrator Sailors for the employment Employment in Water of the following in the Street Department: Albert Wright at a salary and Street Depts. of $25.00 per month; Ray Hall and Richard Truesdale at salaries of Albert Wright .85¢ per hour each and in the Water Department of W. F. Smith at a Ray Hall salary of .90¢ per hour and Tate Hales at a monthly salary of .;°200.00 Richard Truesdale per month was on motion of Councilman Allen, seconded by Councilman W. F. Smith Isbell granted by the following roll call vote, to wit: Tate Hales AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall North Channel. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The recommendation of Fire Chief Crocker for the employment Recommendation for of a full time life guard was presented and after some discussion of employment of full the question it was moved by Councilman Allen, seconded by Councilman time life guard, Isbell and carried, that same be Laid on the Table until the next meeting Laid on the Table. of the Council. Earl Stanley propert The resignation of Walter K. Kelly, effective February 8, 1946 Resignation of was presented and on motion of Councilman Isbell, seconded by Councilman Walter K. Kelly, Allen and carried, accepted. accepted. The request of Chief of Police Hodgkinson for permission to attend the Administrative School for Police Executives in Los Angeles Request of Chief from March 11 to 14th inclusive was on motion of Councilman Isbell, Hodgkinson to attend seconded by Councilman Allen granted with an allowance of expense in School for Police connection therewith. The motion was carried by the following roll call Executives, granted. vote, to wit: North Channel. AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None UNFINISHED BUSINESS Chief of Police Hodgkinson reporting on the application of License of Bernhard Bernhard Koch for a licenne to operate an "Amusement Arcade" in the Koch, approved. Balboa pavilion advised that the machines proposed to be installed were strictly for recreationsl purposes, and on motion of Councilman Isbell Zoning of C -1 on seconded by Councilman Allen and carried, the license was ordered granted Earl Stanley propert and the report approved. Resolution No. 250 of the Planning Commission regarding the Res. No. 250 of matter of land use for certain City owned property wonting on the North Planning Commission Channel and Highway 101 was presented, the resolution recommending that the property on the water frontage be used for yacht moorings, or slips and the contiguous fronting on Highway 101 be used for accessories to Yacht moorings and yacht moorings and slips, but not for industrial purposes. There was slips fronting on some discussion as to the exact intent of the Planning Commission's Highway 101 on the recommendation which it was sought to clarify since there was no definite North Channel. designation as to the use of the highway frontage.. On motion of Council- man Allen, seconded by Councilman Isbell, the resolution was concurred in by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT,•COUNCILMEN: None Resolution No. 251 of the Planning Commission relative to the Res. No. 251 of annexation of certain property to the City of Newport Beach, said property Planning Commission being a part of the Irvine subdivision located on Highway 101 near the Coast Boulevard entrance to the City and owned by Earl and Mildred Stanley, Zoning of C -1 on the petition for annexation having been referred to the Planning Commission Earl Stanley propert for the purpose of zoning recommendation which the Planning Commission designated as C -1 classification. On motion of Councilman Allen, seconded by Councilman Isbell and carried, the recommendation of the Planning Commission was approved and the hearing by the Council on the annexation proceedings set for March 18, 1946. Resolution No. 252 of the Planning Commission in connection Res. No. 252 of with the proposed annexation of an area of land to the City of Newport Planning Commission Beach as shown on a tentative map of Tract 1136 was presented, the Commission recommending the approval of the zoning restrictions as Proposed annexation proposed by the petitioners and further that the installation of sewers throughout the tract be stipulated. Attorney Henderson addressed the Council on behalf of the petitioners for annexation in which the question of sewer installation was discussed and suggested that the hearing be continued until the hext meeting of the Council and on motion of Council- man Stanley, seconded by Councilman Isbell and carried, the hearing scheduled for this date was ordered continued to March 18, 1946. Resolution No. 253 of the Planning Commission having to do Res. No. 253 of with the application of Max R. Hann for variance in front yard set back Planning Commission requirements for Lots 1, 3, and 5, Block 231, corona del Mar, in which the Planning Commission recommended from 20 feet to 112 feet applying Application of Max to buildings only. On motion of Councilman Allen,,seconded by Council- R. Hann for variance man Reed and carried, the action of the Planning Commission was approved. approved. Resolution No. 254 of the Planning Commibsion respecting the application of W. G. Cartter for a variance in front yard setback Res. No. 254 of requirements for Lots 2, 4, and 6. Block 231, Corona del Mar in which Planning Commission the Planning Commission recommended from 20 feet to 112 feet, applying to Application of W.G. buildings only. On motion of Councilman Allen, seconded by Councilman Isbell Cartter for variance and carried, the recommendation of the Planning Commission was approved. approved. M Res. Noe 255 of Planning . Resolution No. 255 of the Planning Commission respecting the Commission for variance application of H. R. Parshall for a variance in setback regulations for in setback regulations, Lot 30, Tract 444, Newport Heights from 8 feet to 5 feet applying to approved; buildings only having received the recommendation of the Planning Commission was on motion of Councilman Allen, seconded by Councilman Isbell and carried, concurred in by the City Council. U. S. Navy request The request of the U. S. Navy for a lease on City Dock No. 4 for lease on City Dock laid over from the previous meeting of the Council was brought up, lease No. 4, granted, subject on said aock being held by the South Coast Company. Mr. Meade representing to consent of So. Coast. the Navy Department addressed the Council on the subject consenting to the acdeptance of a lease for one year but requested an option for renewal. After some discussion of the matter it was moved by Councilman Stanley, seconded by Councilman Allen and carried, that the lease be granted, , R. B. Tuder awarded subject to the consent of the South Coast Company. bid on house in City The Clerk advised that twelve bids had been submitted for the Camp Ground. sale of the custodian house at the City Camp Ground which were opened and read, the highest bid submitted being that of R. B. Tuder to whom the property was awarded on motion of Councilman Allen, seconded by Councilman Reed and carried. NEW BUSINESS Audit of Demands. The monthly Demands having been duly audited by the Finance Committee were on motion of Councilman Reed, seconded by Councilman fsbell, ' were allowed and Warrants ordered drawn by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None MINUTE RESOLUTION P.D. authorized to Councilman Isbell moved the adoption of a resolution, being a purchase Ford Sedan. resolution authorizing the Mayor and City Clerk to execute on behalf of the City of Newport Beach a certain contract between said City and Theodore Robins for the purchase of a Ford sedan for the Police Department. The motion was duly seconded by Councilman Allen and the resolution adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3301 Councilman Allen moved the adoption of a resolution, being a Appointing Election resolution of the City of Newport Beach appointing election officers April Officers. designating polling places for the Municipal election to be held on 9, 1946 and providing for the compensation of election officers. The motion was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3301 and was adopted by the following roll call vote, to wit: ' AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3302 Councilman Allen moved the adoption of a resolution, being a Agreement with Calif. resolution authorizing the Mayor and City clerk to execute on behalf State Personnel Board. of the City of Newport Beach a certain agreement between the California State Personnel Board and the City of Newport Beach for furnishing the personnel services in connection with a wage survey and.job analysis. The motion for adoption was duly seconded by Councilman Reed, the resolution designated Resolution No. 3302 and was passed by the following roll call, vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Res. No. 3303 Councilman Allen moved the adoption of a resolution, being a • Accepting grant deed resolution accepting a grant deed dated the 17th day of December, 1945, from W. T. Jefferson from W. T. Jefferson for Lot 'A °, Tract No. 919. The motion for adoption was duly seconded by Councilman Isbell, the resohtion designated Resolution No. 3303 and was passed by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None , Councilman Allen moved the adoption of a resolution, being a resolution authorizing the Mayor andCity "lerk to execute on behalf of the City of Newport Beach, the following quitclaim deeds to the following persons and covering the following described property: Quitclaim Deeds - Harold H. Dobert and Lot 6, Block "D" Harold H. Dobert, et ux Flotilla Dobert Seashore.Colony Tract Loren C. Robinson Loren C. Robinson Lot 27, Block 18 , Sec. 3, Balboa Island The motion was duly seconded by Councilman Isbell and the resolution was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None • The application of Dr. George W. Hunter for a permit to install a pier fronting on Lot 67 and a of Lot 68, Tract 907, Lido Isle, having been approved by City �Jngineer Webb was on motion of Councilman Stanley, seconded by Councilman Allen and carried, approved. • ADJOURNMENT On motion of Councilman Reed, seconded by Councilman Allen, and carried, an adjournment was taken to 4 o'clock p.m., March 18, 1946.. -Mayor ofNtne Ciiror Newport Beach ouncilman Y L- Councilman 'Councilman Councilman ATT STo P • C ty er r L E « ,. Application of Geo. Hunter to install pier on Lido Isle, granted.