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HomeMy WebLinkAbout11/22/1948 - Regular Meetingmi November 22, 1945 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 7:30 o'clock P.M. on the above date with Mayor Drake presiding. The roll was called, the following Councilmen answering present: Greeley, Robertson, Blue, Isbell and Drake. 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 so the Mayor ordered the reading of the Minutes dispensed with. Payroll Demands approved. The payroll and a few other demands, which had been examined and approved by the Finance Committee and signed by the Mayor and City Clerk, were approved on motion of Councilman Robertson, seconded by Councilman Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Regular order of business- Councilman Isbell moved that the - regular order of business dispensed with. be dispensed with in order that the bids on the Balboa sewer project might be read. Councilman Blue seconded the motion which carried. Opening of bids for The Clerk notified the City Council that this was the time Central Ave. sewage pump- and place fixed for the opening of bids, pursuant to Notice Inviting ing station. Bids for theeonstruction of certain sewer mains and sewage pumping stations in Central Avenue, as contemplated by Resolution of Intention No. 3617, and also reported that he had received five bids, which bids were publicly opened, read, examined and declared as follows: James W. Huntley TOTAL $553,250.00 Trautwein Brothers 65 , 359.00 Gardner & McCall 6453.00 Hoagland - Findlay Engineering Co. 61,,6555.00 J. Masters Co. and E. P. Kirk 90,191.72 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. Bids referred to City On motion of Councilman Isbell, seconded by Councilman Blue Engineer for checking and and carried, all bids were referred to the City Engineer for checking report. and report. Regular order of business Councilman Robertson moved that the regular order of business resumed. be resumed. The motion was seconded by Councilman Greeley and carried. REPORTS OF HEADS OF DEPARTMENTS The Monthly Report of the Water and Sewer Departments were presented and ordered filed by the Mayor. REPORTS OF SPECIAL COMMITTEES - None REPORTS OF STANDING COMMITTEES - None COMMUNICATIONS Letter from C.R. Peach A letter from Charles R. Peach commending Police Officer commending Police & Fire Don Burdeall and Fire Inspector P. A, Hayden for their work in appre- Officers filed. hending youths who threw incendiary film bombs was read and ordered filed on motion of Councilman Isbell, seconded by Councilman Robertson and carried. Dr. Russell,County Health A communication from Dr. Edward Lee Russell, Health Officer Officer requested qualified of Orange County, requesting that the City be represented at the hearing Representative from the for the Orange County Outfall Sewer, set for December 2nd, by a qualified city at Sewer hearing. representative. r dl Mayor Drake suggested that Mr. Sailors, Mr. Dennison and Mr. Drake, Sailors, Dennison Mr. Webb be appointed. On motion of Councilman Robertson, Mayor and Webb appointed to attend Drake, as a member of the board, and Mayor Drake's recommendation of hearing of Orange County the above three men were appointed to attend the hearing. The motion Outfall Sewer. was seconded by Councilman Isbell and carried. Commendation of Councilman Robertson's motion that Investiga- West N'pt Beach Improve.Asso tion be made of Orange County assessments in this city was expressed letter commending Council in a letter from the West Newport Beach Improvement Association which for investigation of County was read and ordered filed. Assessments, ordered filed. The Balboa Island Taxpayer's Association requested an oppor- Ba1.Island Taxpayers Asso., tunity to take part in discussions concerning the pier problem on the C. Stanyer, requested oppor- Island. A communication from Clarence Stanyer which was read, and on tunity to discuss pier per - motion of Councilman Robertson, seconded by Councilman Greeley and mits. letter ordereO filed. carried, was ordered filed. W. W. Sanford, Chairman of the Chamber of Commerce Tax Study Councilman Robertson and Committee requested that the council appoint a committee represent- Isbell appointed to Chamber ing the city to work with the Chamber of Commerce Committee to of Commerce Tax Study secure more equitable assessed valuation of property. Mayor Drake Committee. suggested that Councilman Robertson and Councilman Isbell be appointed to this committee, and on motion of Councilman Blue, seconded by Councilman Greeley the appointments were confirmed A request from W. D. Obarr, Secretary of the Orange County Frank Humberston reappoint_ Mosquito Abatement District, requesting the appointment of a represen- Orange County Mosquito tative of the city for the district was read, and upon motion of Abatement District. Councilman Robertson, seconded by Councilman Greeley and carried, Mr. Frank Humberstone was reappointed. An invitation from R. Carson Smith, Mayor of Santa Ana, to Councilman Blue appointed Mayor Dick Drake and the City Council to attend the Orange County to represent city at Orange Public Hearing, December grid on youth welfare was read, and upon County Public Hearing on motion of Councilman Isbell,;seconded by Councilman Robertson and Youth Welfare. carried, Councilman Blue was appointed to represent the city at this hearing. Col. M. B. Wellington requested that the City supply water City to supply water to to Peter Karales for about thirty days beginning December let. On Peter Karales for about motion of Councilman Robertson, seconded by Councilman Greeley, the 30 days beginning Dec. let. City Administrator was instructed to arrange for this service by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None J A communication from the Newport Harbor Businessmen's Association pledging itsaxpport to the city's attempt to secure equit- able county assessments was read and ordered filed by the Mayor. Mrs. Rheta Goff, 218 32nd Street, Newport Beach, again request that something be done to improve 32nd Street. The letter was ordered filed by Mayor Drake. . N'pt Harbor Businessmen °s Asso. letter pledging sup- port of city's attempt for more equitable County Asses. meets ordered filed. Letter from Mr. Goff re improving 32nd St. filed. The application of.Kieth Monroe for a license to operate Appl °n Kieth Monroe for an abalone processing business at 427 30th Street, having been approved license to operate abalone by the Health Department, was granted on motion of Councilman Isbell, processing business approve, seconded by Councilman Greeley and carried. UNFINISHED BUSINESS Ordinance No. 584, being an ordinance amending Ordinance No- 559 of the City of Newport Beach, by amending Sections 2, g, 10 and 11 thereof eliminating the authority of the supervisor to make certain purchases providing for a reduction of rates and charges was presented for second reading. On motion of Councilman Blue, seconded by Councilman Robertson and carried, the reading of the Ordinance was waived. Ordinance No 584 was adopted on motion of Councilman Robert- son, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Reading of Ordinance #584 waived. Reducing water rate. Ordinance No. 584, reducin water rate adopted. The Quit Claim Deed to Winifred Roberts and Sylvia Marie W.Roberts & S.M.Johnson Johnson was tabled on motion of Councilman Greeley, seconded by ®ouncil- Quit Claim Deed tabled. man Blue and carried. a ®i Resolution #3642,sale of Resolution No. 3642 accepting the offer of Thomas Pilkington property to Thomas Pilking- and Rose Pilkington, husband and wife, as joint tenants of $1,300.00 ton and Rose Pilkington. for Lot 2 Block 135, Lake Tract was adopted on motion of Councilman Isbell, seconded by Councilman kobertson and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Planning Com. Res 367, The Planning Commission's Resolution No. 367, being an amendment to Ord.i525 was amendment to Ordinance No. 525, was tabled on motion of Councilman tabled Isbell, seconded by Councilman Greeley and carried. Planning Com. Res, 369, The Planning Commission's Resolution No. 369 recommending J. H. Roberts request for the approval of Mr. James H. Roberts request for a 50% setback variance 50% setback variance, was on Carnation Avenue, for his irregular lot in Block D, Corona Del Mar, holders and thanked them on behalf of the City for their efforts in was tabled on motion of Councilman Robertson, seconded by Councilman ,Imp and place for hearing Greeley and carried. . Resolution of Intention fixed for the hearing of protests or objections against the work or Planning Com. Res. 368, The Planning Commission's Resolution No. 368 denying the H. H. Holbrook's appli'n application of Mr. H. H. Holbrook for a conditional permit was for conditional permit concurred in on motion of Councilman Isbell, seconded by Councilman denied. Blue and carried. NEW BUSINESS City Engineer's report The City Engineer reported that he had tabulated all bids of sewage pumping station received for the construction of Sanitary sewers and sewage pumping bids. Low bidder James stations,as per Resolution of Intention No. 3617, and findsthat the W. Huntley. bid of James W. Huntley is the lowest, regular bid submitted for said improvement. Resolution No,-3639 award - WHEREUPON, Councilman Robertson offered and moved the ing contract to J. W. adoption of Resolution No. 3639 awarding the contract to James W. Huntley adopted. Huntley at the prices named in the bid, which said bid being the lowest, regular bid submitted for said improvement, the motion was seconded by Councilman Greeley, and upon roll call, the said Resolution was adopted by the following vote: AYES, COUNCILMEN: NOES, COuNCILMEN: ABSENT COUNCILMEN: Checks returned to un- Councilman Isbell successful bidder. to the unsuccessful bidders. Blue and carried. Greeley, Robertson, Blue, Isbell and Drake None None moved that the Clerk 'return the checks The motion was seconded by Councilman Braden Finch presented Mayor Drake stated that he believed Mr. Braden Finch, Chairman Charter. of the Board of Freeholders wished to present the proposed City Charter -to the Council. Mr. Finch spoke briefly stating that the provisions of the City Charter were, in the opinion of the Freeholders, for the best and considered interest of the city. He outlined some of the provisions of the Charter and at the close of his address presented the document :1ty Charter election to It was announced that, following publication of the Charter e held Feb. 8, 1949. in the Newport- Balboa Press, it would be placed before the people at a special election to be held on February 8, 1949. City Charter to be On motion of Councilman Robertson, seconded by Councilman published. Greeley and carried, it was resolved that the proposed City Charter, as filed by the Board of Freeholders, be published in the manner required by the State Constitution. Mayor expressed apprecia- Mayor Drake expressed his appreciation of the work of the Free - tion of the City for the holders and thanked them on behalf of the City for their efforts in work of the Freeholders in drafting the proposed Charter. drafting the proposed Curter. ,Imp and place for hearing The City Clerk reported that this was the time and place . Resolution of Intention fixed for the hearing of protests or objections against the work or >> 3631, Balboa Island the district, as described in Resolution of Intention No. 3631, in sewage pump stations. the matter of remodelling two existing sewage pumping stations in South Speedway, Balboa Island), and the construction of a cast iron pipe pressure line. The City Clerk also reported that affidavits in support of the publication of the Resolution of Intention, the mailing of printed notices of the adoption of said Resolution and of 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. 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 one written protest had been filed with him,prior to the time set for the hearing, by Edna Davis. The Mayor then announced that this was the time and place Oral protests none 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. Total protests .0067% of total area. Minute Resolution finding protests less than half the area. Councilman Robertson then offered and moved the adoption of Resolution No. 3640, Order - Resolution Ordering Work No. 3640 in the matter of remodelling of two ing Work on Balboa Island existing seage pumping stations in South Speedway (Balboa Islando, in sewage pumping stations the City of Newport Beach, which motion was seconded by Councilman adopted. Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell then offered and moved the adoption of Resolution No. 3641, which resolution determines the general prevail- ing rate of"wage for remodelling of two existing sewage pumping sta- tions in South Speedway, (Balboa Island), in the City of Newport Beach, which motion was seconded by Councilman Robertson and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk reported that this was the time and place fixed for the hearing of protests or objections against Resolution of Intention No. 3634 -A to vacate, close up and abandon a portion of Abalone Drive. Resolution No. 3641, Wage Scale, Balboa Island sewage pumping stations, adopted. Hearing on Vacation of Abalone Drive. The City Clerk reported that no protests had been received No protests so vacation and the Mayor called for any oral protests. None being received, on of Abalone Drive was motion of Councilman Robertson, seconded by Councilman Isbell, the ordered. vacation was ordered by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A petition signed by forty -six merchants and property owners of Balboa, requesting that "A1l and °B° Streets be extended towards the ocean for a sufficient distance to enable those streets to be used for parking was referred to the City Engineer for checking and a recommend- ation back to the Council on motion of Councilman Greeley, seconded by Uouncilman Robertson and carried. Petition to extend "A8l and "B" Sts. to ocean for park ing referred to Engineer. All protests were referred to the Engineer for checking and report as to the percentage of the area represented thereby. The Engineer reported that the protests represented approx- district. imately .0067% of the total area of the assessment 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 diagram of the assessment district and being familiar with the assessment district, and also having considered all protests filed, and having considered the matter as ko the area of property represented by said protestant, Councilman obertson presented the following resolution and moved its adoption: WHEREAS, certain protest having been filed by Edna Davis protesting against the doing of the work and improvement described in Resolution of Intention No. 3631, 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 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. 3631; 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 Isbell and carried by the following vote, to -wit: ' AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drek e NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Total protests .0067% of total area. Minute Resolution finding protests less than half the area. Councilman Robertson then offered and moved the adoption of Resolution No. 3640, Order - Resolution Ordering Work No. 3640 in the matter of remodelling of two ing Work on Balboa Island existing seage pumping stations in South Speedway (Balboa Islando, in sewage pumping stations the City of Newport Beach, which motion was seconded by Councilman adopted. Isbell and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Isbell then offered and moved the adoption of Resolution No. 3641, which resolution determines the general prevail- ing rate of"wage for remodelling of two existing sewage pumping sta- tions in South Speedway, (Balboa Island), in the City of Newport Beach, which motion was seconded by Councilman Robertson and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The City Clerk reported that this was the time and place fixed for the hearing of protests or objections against Resolution of Intention No. 3634 -A to vacate, close up and abandon a portion of Abalone Drive. Resolution No. 3641, Wage Scale, Balboa Island sewage pumping stations, adopted. Hearing on Vacation of Abalone Drive. The City Clerk reported that no protests had been received No protests so vacation and the Mayor called for any oral protests. None being received, on of Abalone Drive was motion of Councilman Robertson, seconded by Councilman Isbell, the ordered. vacation was ordered by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A petition signed by forty -six merchants and property owners of Balboa, requesting that "A1l and °B° Streets be extended towards the ocean for a sufficient distance to enable those streets to be used for parking was referred to the City Engineer for checking and a recommend- ation back to the Council on motion of Councilman Greeley, seconded by Uouncilman Robertson and carried. Petition to extend "A8l and "B" Sts. to ocean for park ing referred to Engineer. 182 Plans and specifications The City Engineer presented plans and specifications for the for resurfacing Seashore resurfacing of Seashore Drive from 36th Street to 39th Street and from Drive approved and Clerk 61st Street to Summit Street. On motion of Councilman Robertson, authorized to advertise for seconded by Councilman Blue, the plans and specifications were approved, bids. and the City Clerk authorized to advertise for bids at the next regular meeting, by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES,.COUNCILMEN: None ABSENT COUNCILMEN: None Prevailing wage Scale On motion of Councilman Robertson, seconded by Councilman adopted for resurfacing Greeley, the prevailing wage scale for resurfacing of Seashore-Drive Seashore Drive. was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mans and Specifications for 2nd Ave. The plans and spe g cifications for the grading and paving Second ' I and paving with plant mixed surfacing of Avenue from Avacado Avenue onnrovbd and City Clerk to Hazel Drive were approved on motion of Councilman Robertson, v?thorized to advertise for seconded by Councilman Greeley, and the City Clerk authorized to bids. advertise for bids at the next regular meeting. The motion was adopted by the following vote.. to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Prevailing wage scale On motion of Councilman Robertson, seconded by Councilman adopted for 2nd Ave. grad- Blue, the prevailing wage scale was approved for the grading and ing and paving. paving of Second Avenue by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. Settlement of Mr. Mr. Dennison, the Cit Attorney, stated that he had made a Bassett's injury. settlement with Mr. Bassett of 10.00 to cover the injury received by Mr. Bassett by a protruding window in the City Hall. On motion of Councilman Robertson, seconded by Councilman Greeley, the City Attorney's settlement was accepted by the following vote, to -witL AYES, COUNCILMEN: Greeley, Robertson and Blue NOES, COUNCILMEN: Isbell and Drake ABSENT COUNCILMEN: None Authority to employ Authority to employ Jack Raub, on certain projects at an Jack Raub. expenditure not to exceed $200.00 was granted upon motion of Council- man Robertson, seconded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ADJOURNMENT. On motion of Councilman Isbell, seconded by Councilman Blue and carried, the meeting was adjourned Sine Die. ATTEST: Mayor of the City of Newport Beach. Clerk of the City of Newport Beach.