HomeMy WebLinkAbout10/28/1940 - Adjourned Regular Meeting•
Newport Beach, October 26, 1940.
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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 on above date with Mayor Gordon presiding.
The roll was called, the following Councilmen answering present: Reed,
Roll Call
Claire, Allen, Brown, Gordon. Absent, Councilmen None.
On motion of Councilman Allen, seconded by Councilman Brown and carried,
the reading of the minutes of the previous meeting was dispensed with.
On motion of Councilman Claire, seconded by Councilman Reed and carried,
the regular order of business was dispensed with in order to open and read bids
Bids on
submitted for the purchase by the City of an 100 Horsepower Electric motor for
electric
the Corona del Mar Pumping Plant and also to open and read bids submitted for the
motor
sale by the City of Diesel equipment from the Corona del Mar Pumping Plant.
purchase &
Bids for the purchase of 100 Horsepower electric motor were submitted
sale of
by the following: General Electric Company, Westinghouse Electric Supply Co.,
diesel equip
Worthy Machinery Co., Westinghouse Electric & Manufacturing Co., Gilbert-Weston-
Stearns Inc., Fairbanks Morse & Co., Graybar Electric Co., and McFarlane Electric
Co.
One bid was submitted for the sale of Diesel Equipment from the Corona
del Mar Pumping Plant, being that of Worth Machinery Co., which was opened and
read. On motion of Councilman Claire, seconded by Councilman Allen and carried,
the bids were referred to the City Engineer for checking and recommendation.
On motion of Councilman Claire, seconded by Councilman Reed and
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carried, the regular order of business was resumed.
REPORTS OF SPECIAL COFRP °ITTEES
Councilman Brown brought up the matter of the purchase of an additional
Purchase of
fire truck, which had been laid over from a previous meeting, and advised that
with the increasing growth of the City and especially the Corona del Mar district,
Fire Truck
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additional fire protection was badly needed. There was considerable discussion
regarding the matter, the Council being addressed by Roy Davis, the seller of
fire apparatus, who answered certain.questions by the Council members. Fire
Chief Crocker also addressed the Council concerning the matter, and advised
the purchase of a truck and explained the conditions existing on Balboa Island
and Corona del Mar and the need df the extra equipment. The Clerk read a letter
from Councilman Reed, in which he stated that while there might be need of the
fire truck, it was suggested that in view of the City's finances, there were
other items such as a street sweeper and proposed dredging which would seem
more important at this time. After some further discussion, Councilman Brown
moved the adoption of a resolution, being a resolution authorizing the Mayor
and City Clerk to execute on behalf of the City of Newport Beach a contract
with the Roy G. Davis Company for the purchase of a fire truck in accordance
Res. 2025
with the specifications contained therein. The motion for the adoption of the
authorizing
resolution was duly seconded by Councilman Allen, the resolution designated
Resolution No. 2029 and it was passed by the following vote, to -wit:
purcharse
AYES, COUNCILMEN: Claire, Allen, Brown, Gordon.
of fire
NOES, COUNCILMAN: Reed.
truck
ABSENT, COUNCILMEN: None.
On motion of Councilman Brown, seconded 1jr Councilman Allen and carried,
the regular order of business was suspended in order to receive the City Engineer's
Res. 2029
report on the bids submitted for the purchase of a 100 horsepower electric motor
accepting
and for the sale.of the diesel equipment of the Corona del Mar pumping plant.
The bid of Graybar Electric Co. Inc., being the lowest bid offered, it was
bid of
recommended by the City Engineer that same be accepted, whereupon Councilman
Claire moved the adoption of a resolution authorizing the Mayor and City Clerk
Graybar
Electric Cc
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to execute on behalf of the City of Newport Beach the contract with the .Graybar
for motor
Electric Co. Inc..for the purchase of a 100 horsepower motor. The motion was
duly seconded by Councilman Allen and the resolution which was designated Resolution
No. 2029 was passed by the following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
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ABSENT, COUNCILMEN: None.
The bid of the worth Machinery Corp, for the sale of the diesel equipment
Res. 2030
of the Corona del Mar pumping plant, being the only bid submitted, the acceptance
accepting
of which was recommended by the City Engineer, it was moved by Councilman Claire
bid of Wort'.
that a resolution authorizing the Mayor and the City Clerk to execute on behalf
Machinery
of the City of Newport Beach a contract with the worth Machinery Corp. for the
Corp. for
sale of the equipment. The motion for adoption was duly seconded by Councilman
sale of
Reed and the resolution, which was deiignated Resolution No. 2030, was passed
diesel equi
by the following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: .None.
On motion of Councilman Claire, seconded by Councilman Allen and carried,
the regular order of business was resumed.
COMMUNICATIONS
The application of General Petroleum Company for a permit to install
Gen.Pet.Co
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underground storage forthe handling of petroleum products on Lot 13, Block 220,
Section A, was on motion of Councilman Claire, seconded by.Councilman Brown and
petroleum
storage
carried, allowed subject to the approval of the Fire Chief and zoning restrictions.
The application of McIntee Service Station for permission to install
McIntee SS
•
underground storage for the handling of drain oil at 2406 west Central Avenue, was
oil storage
on motion of Councilman Claire, seconded by Councilman Reed and carried, allowed
subject to the approval of the Fire Chief and zoning restrictions.
4o °2
Santa Ana
The invitation of the Santa Ana Junior Chamber of Commerce for the City
annual Frolic
to participate in the Santa Ana annual Frolic to be held in that City on December
31st, was read, and on motion of Councilman Claire, seconded by Councilman Allen
and carried, the City Clerk was instructed to notify the Chairman'of' the event that
the City would enter a City car in the parade.
The letter of Earl Stanley in connection with the bids submitted for
Earl Stanley
y
insuring the Newport and Balboa piers advising that the insurance companies
pier insurance
represented by him desired to withdraw the quotations bubmitted by them, was
presented, and on motion of Councilman Claire, seconded by Councilman Allen
and carried, was ordered filed.
U.S.Army Eng.
The letter from the United States Army Engineers regarding the removal
36th St. bridge
of the 36th Street bridge, in which they advised that the time for for the
execution of their order had been extended to November 23, 1940, was read, and on
motion of Councilman Claire, seconded by Councilman Reed and carried, the letter
was ordered filed. George L. Bates addressed the Council regarding the matter
and the petition presented by residents of that district protesting the removal
of the bridge, was on motion of Councilman Claire, seconded by Councilman Allen
and carried, laid on the table until the meat meeting. In discussing the matter
it was suggested that the improvement of 32nd Street might prove a satisfactory
solution of the matter.
Camp ground
The letter of Councilman Reed suggesting that a change in Camp Ground
management
management might make for more efficienty, and that the suggestion was made without
prejudice, was presented and read, and on motion of Councilman Reed, seconded by
Councilman Allen and carried, same was ordered filed for future reference.
UNFINISHED BUSINESS None.
NEW BUSINESS
Smith Bros.
It was moved by Councilman Claire, seconded by Councilman Allen and
carried, that the report of the City Engineer in connection with work performed
by Smith Bros. be accepted.
contract
On motion of Councilman Claire, seconded by Councilman Allen and carried,
the contract between the City of Newport Beach and Smith Bros. Boat Works, was on
report of the City Engineer ordered accepted.
demand
The demand in favor of Smith Bros. Boat Works for work performed by that
concern and in accordance with the City Engineerts report, was on motion of Council-
man Claire, seconded by Councilman Brown and carried, allowed and warrant ordered
drawn for same.
r
Demands for
The demand in favor of the Travelers Indemnity Company for automobile
insurance
fleet insurance, and the demand of J. B. McNally for the City's share in construct -
bulkhead
ing a bulkhead at 21st St. and Bay Front, were on motion of Councilman Claire,
seconded by Councilman Allen and carried, allowed and warrants ordered drawn for
same.
Res. 2031
20
It was moved by Councilman Claire, duly seconded by Councilman B±bwn
sale lot to
that the following Resolution No. 2031 be adopted.
Earl C.Sexton
WHEREAS, EARL C. SEXTON and MAXINE W. STAHL, have this day offered to
the CTTY OF NEWPORT BEACH, the sum of $150.00 for Lot 9, Block 139, Canal Section,
et al
in the city of Newport Beach, as shown on a Map recorded in Book , page 98 of
Miscellaneous Maps, records of Orange County, California; and
WHEREAS, the said price is a fair and adequate price as and for the
purchase price of said lot; and
WHEREAS, the City Council of the City of Newport Beach deems that it
is for the best interests of said City that said property be sold for the said
sum of $150.00; and
WHEREAS, the price offered is just, fair and adequate and is not dis-
proportionate to the real value of the property above described.
NOW, THEREFORE, BE IT RESOLVED: That said property be sold to the said
Earl C. Sexton and Mazine W. Stahl, as joint tenants with the right of survivorship,
for the sum of $150.00 free and clear of all encumbrances, subject to the taxes
for the fiscal year 1940 -41 and unpaid improvement assessments of record. Also
subject to conditions, restrictions and reservations of record. The•Mayor and the
City Clerk are hereby authorized and directed to execute and deliver a deed for
said property to the said parties upon receipt of the consideration above set.forth.
BE IT FURTHER RESOLVED: That the sum of $15.00 be paid to Ralph P.
Maskey, as and for his commission for the negotiating of the sale of said real
property to Earl C. Sexton and Mazine W. Stahl, as joint tenants with the right
of survivorship, said sum tieing a fair and reasonable commission to be allowed
in said sale, and said broker being a licensed realtor of the City of Newport Beach.
I hereby certify that the above and foregoing Resolution was duly and
regularly passed and adopted by the City Council of the City of Newport Beach at
an adjourned regular meeting thereof held on the 28th day of October, 1940 by
the following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES; COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Res. 2032
It was moved by Councilman Claire, duly seconded by Councilman Brown
sale of lot to
that the following Resolution No. 2032 be adopted.
George E. Thorne
WHEREAS, GEORGE E. THORNE and ELLA THORNE, husband and wife, have this
et ux
day offered to the CITY OF NEWPORT BEACH, the sum of $75.00 for the Northeasterly
one -half of Lot 17, Block 742, Corona del Mar, in the City of Newport Beach, as
shown on a Map recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records
of Orange County, California; and
WHEREAS, the said price is a fair and adequate price as and for the
purchase price of said lot; and
WHEREAS, the City Council of the City of Newport Beach deems that it
is for the best interests of said City that said property be sold for the said
sum of $75.00; and
WHEREAS, the price offered is just, fair and adequate and is not dis-
proportionate to the real value of the property above described.
•
I I
•
403
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NOW, THEREFORE, BE IT RESOLVED: That said property be sold
Thorne Ella Thorne, husband for the sum of $75-00,
to the said
free and
Total votes cast
Total votes cast
George E. and and wife,
Precinct
on Proposition
for Proposition
clear of all encumbrances, subject to the taxes for the fiscal year 1940 -41 and
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2
unpaid improvement assessments of record. Also subject to conditions, restrictions
12
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and reservations of record. The Mayor and the City Clerk are hereby authorized and
3
196
directed to execute and deliver a deed for said Fr operty to the said parties upon
146
receipt of the consideration above set forth.
179
133
I hereby certify that the above and foregoing Resolution was duly and
regularly passed and adopted by the City Council of the City of Newport Beach at
193
an adjourned regular meeting thereof held on the 28th day of October, 1940 by the
6
153
following vote,'to -wit:
70
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
8
ABSENT, COUNCILMEN: None.
52
The question of certain property between 18th and 19th Streets along the
Property
167
southerly line of the proposed extension of Bay Avenue, was brought up for discussion
along proposed
L_
by the Council and some of the property owners in that district, nothing conclusive
ext of Bay Ave
L
being arrived at, and on motion of Councilman Reed, seconded by Councilman Allen and
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carried, the matter was referred to the City Attorney to arrange a conference with
581 Against
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the property owners of the district.
CANVASS OF VOTE
Resolution No. 2033. WHEREAS, the City Council of the City of Newport
Res. 2033
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Beach by resolution, duly called and provided for the holding of a special election
canvass of
to be held in said City on the 22nd day of October, 1940, for the purpose of sub-
vote of Oct.
mitting to the qualified electors of said city the proposition hereinafter stated; and
22n, 1940
WHEREAS, notice of said election was duly given in time, form and manner as
election
provided by law and said election was on said date held at the precincts designated
in said resolution, and said election was duly and-regularly held and conducted and
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the votes thereof canvassed and the returns thereof made at the time and in the
manner and form provided by law; and
WHEREAS, on Monday, the 28th day of October, 1940, the first Monday after
said election, at the hour of 7:30 o'clock p. m., said City Council of the City of
Newport Beach duly assembled in meeting at the usual place of meeting of said Council
in the City Hall of said City for the purpose of canvassing the returns of said
election; and
WHEREAS, the returns of said election, including the absentee voter ballots,
have been duly and regularly canvassed as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of-the City of Newport
Beach, that a special election for the purpose of submitting to the qualified voters
of said city the proposition hereinafter set forth, was duly called and ordered to
be held on October 22nd, 1940, and that notice of said election was duly given in
time, form and manner as provided by law, and that said election was on October 22nd,
1940, duly and regularly held and conducted and all votes cast thereat canvassed and
the returns thereof made at the time and in the form and manner required by law.
BE IT FURTHER RESOLVED that the proposition set forth in said resolution
and voted upon at said election was as ^follows:
"Shall the name of the city of Newport
Beach be changed from "Newport Beach "'
to "Balboa"?
BE IT FURTHER RESOLVED; That said resolution cf the City of Newport
Beach as aforesaid, provided that there should be ten (10) election precincts for
the holding of said election consisting of the ten (10) regular election precincts
as established by the Board of Supervisors of the County of Orange for the holding
of State and County elections, which said resolution designated said election
precincts as follows:
Election Precinct No. 1
Election Precinct No. 2
Election Precinct No. 3
Election Precinct No. 1}
•
Election Precinct No. 5
Election Precinct No. 6
Election Precinct No. 7
Election Precinct No. 8
Election Precinct No. 9
Election Precinct No. 10
BE IT FURTHER RESOLVED: That from said returns, other than the absentee
voter ballots, it appears and said City Council finds that the whole number of votes
cast at said election, other than the absentee voter ballots, upon said proposition
was 1595; that at said election the total number-of votes cast in each of said ten
(10) election precincts, other than the absentee voter ballots, and the total number of
votes cast in each of said ten (10) election precincts, other than the absentee voter
ballots, for said proposition, and the total number of votes cast in each of said ten
(10) election precincts, other than the absentee voter ballots, against said propostition
were as follows:
Election
Total votes cast
Total votes cast
Total votes cast
Precinct
on Proposition
for Proposition
against Proposition
'
2
198
12
196
3
196
7
146
�+
179
133
193
6
153
70
9556
8
138
52
167
148
10
119
Total votes for
and against..... For
581 Against
1014
W
BE IT FURTHER RESOLVED: That all the absentee voter ballots which
have been _received or returned have been counted in the manner and time provided
for by law,' "'and that the total number of absentee votes cast in said city upon
said proposition was 33; that the number of absenee "Yes" votes and the number
of absentee "No" votes received and counted as aforesaid, are as follows:
PROPOSITION "YES" VOTES 17 '
"NO" VOTES 16
BE IT FURTHER RESOLVED: That the whole number of votes cast in said
city of Newport Beach on said proposition was 1628; that the total number of
votes cast in said city of Newport Beach for said proposition, including absentee
ballots, was 598; that the total number of votes cast in said city of Newport
Beach against said proposition, including absentee ballots, was 1030.
BE IT FURTHER RESOLVED: That said proposition failed to receive
sufficient votes for the adoption thereof, and it is hereby declared to have
failed by the City Council of the City of Newport Beach.
ADOPTED, SIGNED AND APPROVED this 28th*day of October, 1940.
Irvin Geo. Gordon
Mayor of the city of Newport Beach
ATTEST:
Frank L. Rinehart
City Clerk of the city of
Newport Beach
(SEAL)
I hereby certify that the above and foregoing resolution was duly and •
regularly passed and adopted by the City Council of the city of Newport Beach at
an adjourned regular meeting thereof held on the 28th day of October, 1940, by
the following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None. ,
ABSENT, COUNCILMEN: None.
ATTEST:
Frank L. Rinehart
City Clerk
STATEMENT OF CLERK'`
I, FRANK L. RINEHART, Cle_r
do hereby certify and declare that a
in said city on October 22, 1940, to
pursuant to Resolution of said city,
resolution as stated upon the ballot
as follows:
c of the City of Newport Beach, California,
special election was duly and regularly held
vote upon the proposition hereinafter stated,
and that the proposition set forth in said
used at said election and voted upon, was
"Shall the name of the city of Newport Beach
be changed from 'Newport Beach' to 'Balboa'?"
and that the returns of said election have been duly and regularly made and have
been duly and regularly canvassed by the City Council of the city of Newport Beach
at a meeting of said Council held on October 28th, 1940, at 7:30 o'clock P. M.
That the whole number of votes cast at said election, other than absentee
voter ballots, upon st.id Proposition was 1595; that at said election the total number
of votes cast in each of the election precincts, other than absentee voter ballots,
and the total number of votes cast in each of the election precincts, other than
absentee voter ballots, for said proposition, and the total number of votes cast in
each of the election precincts, other than absentee voter ballots, against said '
proposition, as aforesaid, were as follows:
ELECTION TOTAL VOTES CAST TOTAL VOTES CAST TOTAL VOTES CAST
PRECINCT ON PROPOSITION FOR PROPOSITION AGAINST PROPOSITION
That all the absentee ballots which have been returned and received have
been counted in the manner and time g ovided for by law, and that the total number
of absentee motes cast in said city upon said proposition was 33; that the number
of absentee "Yes" votes and the number of absentee "No" votes received and counted
as Iforesaid, are as follows:
"Yes" votes 17
Proposition:
"No" votes 16 '
That the total number of votes cast in said city of Newport Beach upon
said proposition, Including absentee ballots, was 1628,; that the total number of
votes cast in said city, including absentee ballots, for said proposition, was •
598; that the total number of votes cast in said city against said proposition
including absentee ballots, was 1030; that said proposition failed to carry, the
2
198 12
196 0
4
179
146
137
6
153
193
70
9
136
52
586
1U
l0
167
119
Total votes
for and against....... for
581
Against 1014
That all the absentee ballots which have been returned and received have
been counted in the manner and time g ovided for by law, and that the total number
of absentee motes cast in said city upon said proposition was 33; that the number
of absentee "Yes" votes and the number of absentee "No" votes received and counted
as Iforesaid, are as follows:
"Yes" votes 17
Proposition:
"No" votes 16 '
That the total number of votes cast in said city of Newport Beach upon
said proposition, Including absentee ballots, was 1628,; that the total number of
votes cast in said city, including absentee ballots, for said proposition, was •
598; that the total number of votes cast in said city against said proposition
including absentee ballots, was 1030; that said proposition failed to carry, the
same having failed to receive a sufficient number of votes in favor thereof.
• I do further certify and declare that the foregoing statement of result
is a full, true and correct statement of the facts of said canvass and of the
result of said election, and that as soon as the result was declared said state-
11
ment of result was duly entered on the records of
Clerk of said Council.
ENTERED: October 29th, 1914
said City Council by me, the
The City Engineer presented the matter of establishing an alley between
9th and 10th Streest, the cost of improving same to be borne equally by the City
and the American Legion whose property adjoins said proposed alley. After some
discussion of the matter, it was moved by Councilman Claire, seconded by Council-
man Allen and carried, that the City Engineer be instructed to negotiate with
the American Legion on that basis.
Councilman Brown moved the adoption of a resolution, being a resolution
that any City employees drafted for military service be given an opportunity to
resume their jobs upon their return from the service. The motion for adoption
was duly seconded by Councilman Claire and the resolution was adopted by the
following vote, to -wit:
AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
• 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 Bead at an adjournregular meeting thereof
held on the 29th day of October, 1940.
0
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ADJOURNMENT
On motion of Councilman Claire, s
an adjournment was taken Sine Die.
by,pp,uncilman .-en and carried,
Counc iman
A TEST:
✓vL .
Co man
ty Clerk
Ili
Alley bet
9th & 10th
Streets
Min. Res.
Holding
jobs for
drafted men