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HomeMy WebLinkAbout09/11/1951 - Regular Meeting17 HEADS OF DEPARTMENTS. The City Manager requested approval by the City Council of ' certain Water Department credits covering the period of September 1, 1950 Re Water Dept. to September 5, 1951. He also asked for authority to turn certain delin- Credits & Delinq. quent accounts over to the Credit Bureau for collection. On motion of Accts. Collection. Councilman Finch, seconded by Councilman Ramsey, the recommendation was accepted, and the City Manager was instructed to commend the staff of the Water Department for their excellent collection record, Mayor Isbell pointing out that delinquencies were less than 02% in the De- partment. REGULAR ORDER OF BUSINESS WAIVED. On motion of Councilman Blue, seconded by Councilman Gree- ley and carried, the regular order of business was waived to permit the opening of bids, and to hold a hearing on the proposed paving of the Corona del Mar alleys. The Clerk notified the Council that this was the time and place fixed for the opening of bids, pursuant to Notice Inviting Bids Street Lights, for the construction and installation of a street lighting system Balboa Coves. in Tract No. 1011, as contemplated by Resolution of Intention No. 4000 Bids. and also reported that he had received four bids, which bids were pub- licly opened, read, examined and declared as follows: NAME OF CONTRACTOR AMOUNT OF BID September 11th, 1951, Fishback and Moore, Incorporated - - - - - - 10,611.00 ' The City Council of the City of Newport Beach met in regular ' session in the Council Chambers of the City Hall at the hour of 7:30 PM. The roll was called, the following councilmen answering pre- sent: Finch, Ramsey, Blue, Greeley, Isbell. of work to be done. The City Engineer reported that he had tabulat- The Mayor inquired If any of the councilmen or anyone in the ed all bids received for the construction of and installation of a • audience wished the minutes of the previous meeting or any part there- of, read. No one responded, and the reading of the minutes was waived. The regular monthly demands, having been approved by the Finance Committee and signed by the Mayor and City,Clerk, were ordered paid on motion of Councilman Blue, seconded by Councilman Greeley and the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Greeley, seconded by Councilman Blue and carried, the monthly report of receipts and disbursements was ordered • filed. HEADS OF DEPARTMENTS. The City Manager requested approval by the City Council of ' certain Water Department credits covering the period of September 1, 1950 Re Water Dept. to September 5, 1951. He also asked for authority to turn certain delin- Credits & Delinq. quent accounts over to the Credit Bureau for collection. On motion of Accts. Collection. Councilman Finch, seconded by Councilman Ramsey, the recommendation was accepted, and the City Manager was instructed to commend the staff of the Water Department for their excellent collection record, Mayor Isbell pointing out that delinquencies were less than 02% in the De- partment. REGULAR ORDER OF BUSINESS WAIVED. On motion of Councilman Blue, seconded by Councilman Gree- ley and carried, the regular order of business was waived to permit the opening of bids, and to hold a hearing on the proposed paving of the Corona del Mar alleys. The Clerk notified the Council that this was the time and place fixed for the opening of bids, pursuant to Notice Inviting Bids Street Lights, for the construction and installation of a street lighting system Balboa Coves. in Tract No. 1011, as contemplated by Resolution of Intention No. 4000 Bids. and also reported that he had received four bids, which bids were pub- licly opened, read, examined and declared as follows: NAME OF CONTRACTOR AMOUNT OF BID The City Clerk reported that this was the time and place fixed for the hearing'of protests or objections against the work or ' the district, as described in Resolution of Intention No. 3911, in the matter of construction of certain improvements in alleys north- easterly of Coast Blvd. between Dahlia Ave. and Poppy Ave. • Contract Awd H.F. Brewer. Res. 3917. to Hearing, CDM Alleys State Construction Company - - - - - - - - - $8p720.00 Fishback and Moore, Incorporated - - - - - - 10,611.00 Harry F. Brewer - - - - - - - - - - - $,264.00 ' - - - - Schurr and Finley, Incorporated - - - 18,290.00 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. The City Engineer reported that he had tabulat- ed all bids received for the construction of and installation of a • street lighting system in Tract No. 1011, as per Resolution of In- tention No. 4000, and finds the bid of Harry F. Brewer is the lowest regular bid submitted for said improvement. Whereupon, Councilman Finch moved the adoption of Resolution No. 3917, awarding the con- tract to Harry F. Brewer, at the prices named in the bid, said bid being the lowest, regular submitted for said improvement, which,moton waa - sooQri.ded., by.t�Counollmhn Greeley, a fid:.upohi ,fbll call, said. retolu= tion�was�• adopted: by. :-:the.folkowirag:.roll::call- vote,, td- fait:.: _ ., .:,... . AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' MINUTES ON HEARING OF RESOLUTION OF INTENTION N0. 3911 IN THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ALLEYS NORTHEASTERLY OF COAST BLVD. BETWEEN DAHLIA AVE. AND POPPY AVE. The City Clerk reported that this was the time and place fixed for the hearing'of protests or objections against the work or ' the district, as described in Resolution of Intention No. 3911, in the matter of construction of certain improvements in alleys north- easterly of Coast Blvd. between Dahlia Ave. and Poppy Ave. • Contract Awd H.F. Brewer. Res. 3917. to Hearing, CDM Alleys The City Clerk also reported that affidavits, in support of the Hearing, CDM Alleyo, publication of the Resolution of Intention, the mailing of printed notices . Cont. of the adoption of said resolution and of the posting of the Notice of Im- provement, as required by law, had been made and are on file in the office of the City Clerk. ' The Mayor announced that the first order of the hearing would be the reading of a portion of the written report heretofore presented by the City Engineer on the 26th day of February, 1951, prepared pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", and as defined under the provisions of Section 2885 of said Act. Whereupon the Clerk read said written report so designated by the Mayor. , 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 several written protests had been filed with him prior to the time set for the hearing, by the following: George H. Minett A. Louise Minett Lillian W. Reitz Marian G. French The Mayor then announced that this was the time and place set for the hearing of protests or objections against the work or the assess- ment district, each as set forth in the Resolution of Intention hereinbe- . fore 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 approximate- ' ly 4.65% 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 diagram of the assessment district, and being familiar with the assessment district, and also having oonsidered all protests filed and having considered the matter as to the area of property represented by said protestants, Coun- cilman Finch presented the following resolution and moved its adoption: WHEREAS, certain protests having been filed by Lillian W. Reitz and others, protesting against the doing of the work described in Resolu- tion of Intention No. 3911 or against the assessment district; and WHEREAS, the City Council having carefully considered all pro- tests or objections and having considered the area of the district repres- ented 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. 3911, 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 motion ' was seconded by Councilman Ramsey and carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Greeley then moved the adoption of Resolution Ordering • Work No 3918 in the matter of construction of certain improvemenU s in alleys Res. X3918. Ord.Work. northeasterly of Coast Blvd. between Dahlia and Poppy Avenues, Corona del Mar, in the City of Newport Beach, which motion was seconded by Councilman Blue and carried by the following roll call vote: , AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Councilman Blue then moved the adoption of Resolution No. 3919, which resolution determines the general prevailing rate of wages for the Res, 3919. Wage Scale construction of certain alleys northeasterly of Coast Blvd. between Dahlia Ave. and Poppy Ave., in the City of Newport Beach, which motion was seconded by Councilman Qreeley & carried by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 0 0 RETURN TO REGULAR ORDER OF BUSINESS On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the regular order of business was resumed. COMMUNICATIONS. A letter from Armando who wish to sell merchandise in blind, and requesting an exempt On motion of Councilman Ramsey, rigid, the request was denied, aj write the applicant and explain the denial necessary. Calles representing four blind persons the City of Newport Beach, made by the license for that purpose, was presented. seconded by Councilman Greeley and car- Request for exempt id the City Manager was instructed to license by A. Calles the.ordinance requirements making denied= Mr. A. W. Timmel, stating that he had damaged a tire and tube by running over a protruding ipe in the Balboa Auto Park, asked for compensation in the amount of 130.00- On motion of Councilman Timmel claim for Blue, seconded by Councilman Greeley and carried, the request was damagea. referred to the City Manager. The request of Thomas F. Roche for the development of a small boat launching ramp in the Channel area was read. Mayor Is- bell pointed out that the use of small boats had been the subject Aoche, request for of complaint in the.Stanley Tract Re- zoning issue. On motion of boat ramp launching, Councilman Blue, seconded by Councilman Greeley, the request was denied, and the City Manager was instructed to write Mr. Roche explaining the situation. Mr. W. T. Jefferson, president of the Ocean View Protec- tive Association, stating that an encroachment existed on City property at 211 Ocean Blvd., Corona del Mar, asserted that his property had been damaged by this violation of City law. The City Jefferson, property Engineer stated that he had checked the property in question, and check,re alleged found that no encroachment existed. On motion of Councilman Ramsey, violation. seconded by Councilman Greeley and carried, the City Engineer was Instructed to send a map to Mr. Jefferson showing property lines in that area. The request of the Newport Beach Employees Association for assistance in defraying expenses of delegates to the League of City Employees Convention was denied on motion of Councilman Finch, Request, N.B<City Emp. seconded by Councilman Ramsey and carried, after it was pointed for expenses to Con - out that it was not the policy of the City to pay expenses of other ven`ion, denied= than Department Heads. The license application of Joan Hayden Schott to operate the Balboa Island Nursery School at 317 Marine Ave., having been approved by the County Health Officer, was granted on motion of J.H. Schua t, to oper- Councilman Ramsey, seconded by Councilman Greeley and carried. ata Bat <Is.Nursery Schl UNFINISHED BUSINESS. The City Clerk announced that this was the time and place set in Resolution No- 3910 for a hearing on the proposed vacation of a portion of the Ocean Front between 20th St. and Me Fadden P1.; Hearing, re proposed the Mayor declared the hearing open and the Clerk reported that no vaeaation,Ocean Ft. written protests had been received. The Mayor asked for oral com- bet. McFadden & 20th. ment. No one responded, and the Mayor declared the hearing closed. Aesolution No. 3920, being a resolution ordering the vaca- tion was adopted on motion of Councilman Greeley, seconded by Coun- Res. 3920. Order. Same. cilman Ramsey and the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The Mayor stated that this was the time and place set for a public hearing on the proposed ordinance regulating subdivisions as recommended by the Planning Commission, and declared the hearing Hearing, proposed Sub - open. No one responded, and the hearing was declared closed. On Div, Ord. motion of Councilman Blue, seconded by Councilman Ramsey and carried, the City Attorney was instructed to draft an ordinance regulating subdivisions in accordance with the recommendation of the Planning Commission and to present it for consideration at the next meeting of the Council. Ordinance-No. 649, being AN ORDINANCE OF THE NEWPORT BEACH CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT PRO- VIDING FOR THE PARTICIPATION OF THE CITY OF Ord. 649 to 2nd read, NEWPORT BEACH IN THE CALIFORNIA STATE EMPLOYEES' Cal. State Emp, Rat. RETIREMENT SYSTEM, MAKING ITS EMPLOYEES MEMBERS OF SAID SYSTEM was presented for second reading. On motion of Councilman Greeley, seconded by Councilman Blue and carried, reading of the ordinance was waived. On motion of Councilman Blue, seconded by Councilman Greeley, 0-J, b4 9, (4AogZed. Ordinance No. 649 was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None NEPI BUSINESS. The Oath of Office of Howard Walker Dietz Sr., as special H.Diets, Oath of officer at the South Coast Co., was approved on motion of Councilman Office Greeley, seconded by Councilman Blue and carried. Hay Langenheim, Chairman of the Civil Service Commission, stated that the residential requirement as established in Civil Service To Amend Ord. 511 Ordinance 511, requiring an employee of the police or fire departments re residence require- to have been a resident of the City for 12 months prior to his employ- ments for Civil Serv.Emp.ment, was handicapping the Commission in securing enough applicants to maintain an eligibility list. The Commission requested, therefore, that the Council take steps to have an amendment placed on the ballot for the April 1952 election eliminating the present residence requirement and establishing a requirement of legal residence within 5 miles of the City Hall within 60 days after qualification for employment. On motion of Councilman Finch, seconded by Councilman Greeley and carried, the City Manager was instructed to confer with the chiefs of the Fire and Police Departments and report on the advisability of the proposed amendment. The Mayor announced that this was the time set for a continued hearing on the application of re- zoning Tract 1026, Corona del Mar, from Hearing on Tr.1026 R -1 to R -2. He said that inasmuch as the deed restrictions proposed in re- zoning continued. the re- zoning had not yet been submitted, it would be advisable to con- tinue the hearing until the next regular meeting of the Council. On mo- tion of Councilman Greeley, seconded by Councilman Blue and carried, the hearing was so continued. The City Engineer stated that William P. Mealey had completed the rest rooms on the main beach at Corona del Mar in accordance with Rest Rooms completed plans and specifications with the exception of a slight defect in the at CDM Beach. slope of the floor. He recommended acceptance of the work, subject to Accepted. correction of the defect, and on motion of Councilman Finch, seconded by Councilman Ramsey, the recommendation was approved by the following roll call vote: Councilman Ross Greeley, explaining that a legislative amendment to Section 4730 of the Health and Safety Code necessitated the re- organiza- Greeley, Resig. from tion of sanitation districts, submitted his resignation as a member of the San.Com. Board in Sanitation District No. 5, effective September 22nd. Mayor Isbell expressed the thanks of the Council for Councilman Greeley's service on the Board, and on motion of Councilman Blue, seconded by Councilman Ramsey and carried, the resignation was accepted. AYES, COUNCILMEN: Finch, Blue, Ramsey, Greeley, Isbell NOES, COUNCILMEN: None Finch appt. San.Dist. ABSENT COUNCILMEN: None 6. Resolution No. 3 of the Park, Beach and Recreation Commission, P.B.R.Com.Res. 3. approving the planting program of the Balboa Improvement Association, was Planting of Balboa Blvd. read, and on motion of Councilman Finch, seconded by Councilman Ramsey and carried, the Council concurred with the Commission in approving the Mayor Isbell to serve planting plan. ? on San.Dist. 5. District No. 5 as required by the amended law. Resolution No. 4 of the Park, Beach and Recreation Commission, P.B.R. Res.4 recommending that the first Monday in October be proclaimed Arbor Day, Re proposed Arbor Day was tabled for consideration until the next meeting on motion of Coun- cilman Finch, seconded by Councilman Ramsey and carried. Resolution No. 5 of the Park, Beach and Recreation Commission, recommending the extended use of the Tar Pit Bldg., for grammar and col - P.B.R. Res. 4 re lege students, was read, and on motion of Councilman Ramsey, seconded by Extended use of Councilman Finch and carried, the Council concurred with the Commission Tar Pit. approving the expansion of Teen Canteen activities. Councilman Ross Greeley, explaining that a legislative amendment to Section 4730 of the Health and Safety Code necessitated the re- organiza- Greeley, Resig. from tion of sanitation districts, submitted his resignation as a member of the San.Com. Board in Sanitation District No. 5, effective September 22nd. Mayor Isbell expressed the thanks of the Council for Councilman Greeley's service on the Board, and on motion of Councilman Blue, seconded by Councilman Ramsey and carried, the resignation was accepted. 1 The City Attorney said that under the new amendment the Mayor became the representative of the City on the Board unless he wished an Finch appt. San.Dist. alternate to be appointed by resolution. Mayor Isbell stated that since 6. Councilman Finch had done such good work on the Board of Sanitation District No. 6, he believed he should be appointed. Mr. Finch accepted the appoint- ment, and on motion of Councilman Ramsey, seconded by Councilman Greeley and carried, the appointment was confirmed. Mayor Isbell to serve Mayor Isbell stated that he would serve on the Board of Sanitation on San.Dist. 5. District No. 5 as required by the amended law. The City Engineer reported that he had received complaints of the Re Balboa Is.Bridge overloading of the Balboa Island Bridge, and requested authority to have a overloading survey made by the Division of Highways. On motion of Councilman Greeley, seconded by Councilman Finch, a Minute Resolution, being a resolution re- 1 AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the meeting was adjourned, sine jdie. a o City Clerk n LJ 0 Shaw- slip float permit granted. Hartman - Sea Udall permit granted Scrap Metal Drive Re Newport Blvd. ° °cut off ". Renewal of Water Bearing Leases, Casey Blue. questing the State Division of Highways to make a survey of the bridge • and to post it, was adopted by the following roll call vote: AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None The application of Mrs. Henry P. Shaw to install a slip float at Lots 858 and 859, Tract 907, having been approved by the Harbor Com- mission, was granted on motion of Councilman Greeley, seconded by Councilman Ramsey and carried. The application of Ernest K. Hartman to construct a sea wall at Lots 1 and 2, Block 2, Tract 626, Newport Beach, was granted .on motion of Councilman Greeley, seconded by Councilman Blue and car- ried. The City Manager said that he had received a request from the National Production Authority, Department of Commerce, for as- sistance in conductingg a scrap drive to secure needed material for the defense effort. He said that other cities had set September, October and November as collection months for industrial scrap. On motion of Councilman Greeley, seconded by Councilman Finch and car- ried, the Mayor was requested to issue a proclamation setting up the campaign and urging the assistance of all residents in accumu- lating the needed scrap metal. The Mayor s &id that there had been considerable delay in acting upon the proposed "cut off" connection between Newport and Balboa Blvds., and suggested that the question be brought up and acted upon at the next meeting of the Council. Councilman Finch said that the property owners should be notified of the Council's ' plans, and on motion of Councilman Finch, seconded by Councilman Ramsey, Mayor Isbell was appointed a member of the Special Commit- tee comprising the City Engineer, City Manager, Councilman Finch and Mr. Ben Reddick. This committee was instructed to confer with the property owners involved before the next Council meeting and to prepare a report for submission at that time. The City Manager reported that the existent crop lease with Casey Blue on the so- called "93 Acre Water Bearing Tract" owned by the City was about to expire. He said that the crop lease on what is known as the "Five Acre" water bearing -tract would also expire on December 31st, and suggested that both leases be combined and renewed to Mr. Casey Blue for a term of three years under the same sharing agreement embodied in the existing leases. On motion of Councilman Finch, seconded by Councilman Ramsey, the renewal of the lease was approved by the following roll call vote. AYES, COUNCILMEN: Finch, Ramsey, Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT COUNCILMEN: None On motion of Councilman Finch, seconded by Councilman Ramsey and carried, the meeting was adjourned, sine jdie. a o City Clerk n LJ 0 Shaw- slip float permit granted. Hartman - Sea Udall permit granted Scrap Metal Drive Re Newport Blvd. ° °cut off ". Renewal of Water Bearing Leases, Casey Blue.