HomeMy WebLinkAbout11/03/1942 - Regular MeetingRoll Call
Newport Beach, November 3, 1942
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 4:00 o'clock p. m.
on above date with Mayor Hall presiding.
The roll was called, the following Coundlmen answering present: Gordon,
Allen, Isbell, Reed, Hall. Absent, Councilmen, None.
On motion of Councilman Allan, seconded by Councilman Gordo n and carried,
the reading of the minutes of the previous meeting was dispensed with.
REPORTS OF HEADS OF DEPARTMENTS
The report of the City Treasurer was read, and on motion of Councilman
Allen, seconded by Councilman Gordon and carried, the reading of the other reports
was dispensed with and all the reports ordered filed.
REPORTS OF SPECIAL COMMITTEES
The report of the Committee appointed to investigate and report on
Committee the domestic water situation was presented and read in which it was requested
on Domestic that the Committee be held inactive until some time in April when the recommen-
Water situation dations asked for could be made. On motion of Councilman Gordon, seconded by
Councilman Allen and carried, the report was ordered filed.
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REPORTS OF STANDING COMMITTEES None.
COMMUNICATIONS
A.B.Cubbage
The letter of Mr. and Mrs. A. B. Cubbage requesting information in
water frontage
connection with certain water frontage in Block 218, was read, and after some
discussion of the matter In. which the City. Engineer advised that CityCowned
property intervened between the property in question and the Bay front and
that it would not be possible to quitclaim. the water frontage. On motion of
Councilman Reed, seconded by Councilman Allen and carried, the City Attorney
was instructed to communicate the sane to the parties making the request.
Mrs. Lillian Stevens addressed the Council on the subject.. -
The communication of Chief of Police Hodgkinson submitting certain
rules and regulations in connection with dim -out Ordinance No. 517 was
RPS. 2672
presented and read, whereupon Councilman Gordon moved the adoption of a
dim -out rules
resolution adopting same, said rules and regulations to supplant those
and regulation-
promulgated by the Chief of Police as of August 10th last... The resolution
was designated Resolution No. 2672 and on motion of Councilman Gordon,
seconded by Councilman Allen, the resolution was adopted by the following
vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Civil Service
The letters of City Attorney Thompson and F. C. Venn, Secretary
of the Civil Service Commission, in reference to the eligibility of certain
applicants for postttbn-�of "hosemen was read, and on motion of Councilman
Allen, seconded by Councilman Reed and carried, same was ordered filed.
The letters of Chief of Police Hodgkinson and F. C. Venn, Secretary
of the Civil Service Commission, requesting the immediate establishment of
an eligible list for the Police Department due to'the loss of officers as a
result of Selective Service and the age limit contained in the Civil Service
Ordinance and also the limitation of employment. The City Attorney advised
that while the ordinance only permitted 150 days of temporary employment
Fes. 26721,
said employees could be re -hired for additional days. Due to the difficulty
basic pay for
of securing officers at the present salary of $125 per month, Councilman
temporary
Allen moved that the basic pay for temporary officers be raised to $140
police officers
per month for the two officers temporarily employed, Robert Elliot and
Virgil Phebus and also Melvin Ross, whose temporary employment has been
requested by the Chief of Police. The motion was seconded by Councilman
Gordon and carried, and the City Attorney presented Resolution No. 26722
providing for the raise in salary. On motion of Councilman Allen, seconded
by Councilman Gordon, the resolution was adopted by the following vote,
to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
UNFINISHED BUSINESS
P1an.Comm.
Planning Commission Resolution No. 204 recommending the approval
of a Map of Tract No. 1080 subject to easement, was presented, and on motion
of Councilman Allen, seconded by Councilman Gordon and carried, the map was
accepted.
Res. 2673
Resolution No. 2673 was presented, being a resolution accepting a
easement from
deed of easement from the Newport Harbor Corporation. On motion of Councilman
Newport Harbor
Reed, seconded by Councilman Gordon, the resolution was adopted by the following
Corp.
vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Res. 2674
Resolution No. 2674 was presented, being a resolution approving the
approving
Map of Tract No. 1080, and on motion of Councilman Reed, seconded by Councilman
Map of Tr.1080
Gordon, the resolution was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUN'7.LMEN: None.
ABSENT, COUNCILMEN: None.
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BE IT FURTHER RESOLVED that said salary resolution heretofore referred
to shall remain in full force and effect except as the same shall be hereby
amended by this resolution.
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 a regular meeting thereof held on the 2nd day of November, 1942, by the
following vote:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
ATTEST:
Frank L. Rinehart
City Clerk
Clyan H. Hall
Mayor
Councilman Allen recommended and m,o ved that the salaries of Marion Turner
and Mabel Cummings be raised to $150 per month. Some discussion ensued regarding
the matter, Councilman Isbell suggested that if salary raises were increased it
should apply to all employees, The motion of Councilman Allen was seconded by
,Councilman Gordon and the motion was lost by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen.
NOES, COUNCILMEN:- Isbell, Reed, Hall.
ABSENT,.COUNCILMEN: None.
At this juncture Councilman Allen'offered his resignation as a member
of the Committee on Salaries. Coun cilman Reed advised'in connection with the
salary situation that he was not opposed to raises in salaries, but the method
of handling the matter. On motion of Councilman Isbell, seconded by Councilman
Gordon and carried, the Mayor was requested to appoint a Committee to act in
the matter of salaries, whereupon the Chairman of the Finance Committee end
the Chairman of the Street Committee were duly appointed in that capacity, and
on motion of Councilman Gordon, seconded by Councilman Isbell and carried, the
appointments were approved.
The Clerk advised the City Council that this was the time and place
fixed pursuant to statute and notices given for the hearing in the matter of
the assessment for-the construction of a reinforced cement concrete sheet pile
bulkhead and appurtenances adjacent to the easterly line of Lot "M" of Block
"P" in Tract No. 518, as contemplated by Resolution No. 2417, adopted by the
City Council of the City of Newport Beach on the 6th day of October, 1941.
The Clerk also informed the City Council that affidavits of the mailing, posting
and publication of the Notice of Filing Assessment were on file in his office,
and that no wti•tten appeals or objections had been filed in his office prior to the
date set for the hearing. The Mayor then asked if there were any interested persons
present desiring to be heard in the above mentioned improvement or assessment. No
one responded.
After a fair and impartial hearing having been granted to all persons
desiring to be heard in said matter, and all objections and /or appeals presented
having been heard and fully considered, and the City Council being satisfied
with the correctness of the assessment and diagram, it was moved by Councilman
Gordon, that all protests or appeals be overruled and denied, and that the
assessment and diagram be confirmed and approved, and that the Street Superintendent
shall forthwith attach a warrant to said assessment bearing the date of this order
of the City Council, which motion was seconded by Councilman Allen and carried by
the following vote,:
AYES, COUNCILMEN: Isbell, Reed, Gordon, Allen, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
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Demands.
Res. 2675
increase in
salary for
City ,judge
Question of
salary
raises
Hearing on
bulkhead 1•n
Tr. 518
NEW BUSINESS
On motion of Councilman Reed, seconded by Councilman Isbell and carried,
the monthly demands which had been duly audited by the Finance Committee, were
allowed and warrants ordered drawn for same.
Resolution No. 2675 was presented, being in full as follows:
WHEREAS, the City Council of the City of Newport Beach did heretofore
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appoint 0. A. Jones as City Judge of the city of Newport Beach, at a salary
then and there fixed at $75.00 per month; and
WHEREAS, the work of the office of City Judge of the City of Newport
Beach has materially increased by reason of the necessity of the passage and
enforcement of various ordinances, and in particular, the Dim -Out ordinance of the
City of Newport Beach; and
WHEREAS, the sum of $75.00 per month is insufficient to compensate said
0. A. Jones for the work which he is compelled to perform as City Judge of the
City of Newport Beach, and the City Council in its judgment and after a thorough
investigation made, believes that the salary of said 0. A. Jones should be
increased to compensate him for the work that he is compelled to do.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of
Newport Beach does hereby amend the salary resolution of-the city of Newport
Beach so as to provlae that the City Judge of the City of Newport Beach shall
receive the following salary; $175.00 per month commencing as of the month of
.November, 1942, and thereafter $125.00 per month commencing as of December let,
1942, payable in the manner and at the time other City salaries of the City of
Newport Beach are paid, usjbect, however, to the approval of the necessary
Federal Department governing such matters, if in fact such approval is necessary.
BE IT FURTHER RESOLVED: That Roland•Thompbon, City Attorney of the
City of Newport Beach, immediately ask for such salary raise through the proper
channels.
BE IT FURTHER RESOLVED that said salary raise for said City Judge is
not to be paid until the necessary approval has been given as aforesaid.
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BE IT FURTHER RESOLVED: -That the salary resolution heretofore
adopted by the City Council of the city of Newport Beach be, and the same is
hereby amended so as to provide for the above mentioned payment to Judge
0. A. Jones.
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BE IT FURTHER RESOLVED that said salary resolution heretofore referred
to shall remain in full force and effect except as the same shall be hereby
amended by this resolution.
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 a regular meeting thereof held on the 2nd day of November, 1942, by the
following vote:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
ATTEST:
Frank L. Rinehart
City Clerk
Clyan H. Hall
Mayor
Councilman Allen recommended and m,o ved that the salaries of Marion Turner
and Mabel Cummings be raised to $150 per month. Some discussion ensued regarding
the matter, Councilman Isbell suggested that if salary raises were increased it
should apply to all employees, The motion of Councilman Allen was seconded by
,Councilman Gordon and the motion was lost by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen.
NOES, COUNCILMEN:- Isbell, Reed, Hall.
ABSENT,.COUNCILMEN: None.
At this juncture Councilman Allen'offered his resignation as a member
of the Committee on Salaries. Coun cilman Reed advised'in connection with the
salary situation that he was not opposed to raises in salaries, but the method
of handling the matter. On motion of Councilman Isbell, seconded by Councilman
Gordon and carried, the Mayor was requested to appoint a Committee to act in
the matter of salaries, whereupon the Chairman of the Finance Committee end
the Chairman of the Street Committee were duly appointed in that capacity, and
on motion of Councilman Gordon, seconded by Councilman Isbell and carried, the
appointments were approved.
The Clerk advised the City Council that this was the time and place
fixed pursuant to statute and notices given for the hearing in the matter of
the assessment for-the construction of a reinforced cement concrete sheet pile
bulkhead and appurtenances adjacent to the easterly line of Lot "M" of Block
"P" in Tract No. 518, as contemplated by Resolution No. 2417, adopted by the
City Council of the City of Newport Beach on the 6th day of October, 1941.
The Clerk also informed the City Council that affidavits of the mailing, posting
and publication of the Notice of Filing Assessment were on file in his office,
and that no wti•tten appeals or objections had been filed in his office prior to the
date set for the hearing. The Mayor then asked if there were any interested persons
present desiring to be heard in the above mentioned improvement or assessment. No
one responded.
After a fair and impartial hearing having been granted to all persons
desiring to be heard in said matter, and all objections and /or appeals presented
having been heard and fully considered, and the City Council being satisfied
with the correctness of the assessment and diagram, it was moved by Councilman
Gordon, that all protests or appeals be overruled and denied, and that the
assessment and diagram be confirmed and approved, and that the Street Superintendent
shall forthwith attach a warrant to said assessment bearing the date of this order
of the City Council, which motion was seconded by Councilman Allen and carried by
the following vote,:
AYES, COUNCILMEN: Isbell, Reed, Gordon, Allen, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
im
Demands.
Res. 2675
increase in
salary for
City ,judge
Question of
salary
raises
Hearing on
bulkhead 1•n
Tr. 518
112
Res, 2676 Rea.olution No.. 2676 was presented„ being a resolution authorizing the
payment of additional salary 'for certain City employees in lieu of vacations, bn
salary payment motion of Councilman Rees, seconded. by Councilman Isbell, the resolution was
in lieu of adopted -by the followingg vote, to -wit:
vacation, for AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
certain employees NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Resolution No. 2677 was presented, being a resolution authorizing the
Res. 2677 Mayor and the City Clerk to execute on behalf of the City of Newport Beach a
lease with certain lease between the City of Newport Beach and Harvey L. Bear, and covering
Harvey L. Bear certain city owned land. On motion of Councilman Gordon, seconded by Councilman
Allen, the resolution was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Res. 2678 Resolution No. 2678 was presented, being a resolution authorizing the
Permit to Mayor and the City Clerk to execute on behalf of the City of Newport Beach a
U.S.Govt. Permit to the United States Government covering an right of ingress and egress
over certain City owned land in the vicinity of the Santa Ana Replacement Center.
On motion of Councilman Gordon, seconded by Councilman Allen, the resolution was
adopted by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Min. Res. Councilman Allen moved the
quitclaim deed authorizing the Mayor and City Clerk
to C.E.Vertrees Beach a quitclaim deed in favor of C
following property:
NEly 5 ft of Lot 5, all of
Block 234, Corona del Mar.
Lots 13 and 15, Block 434,
adoption of a resolution, being a resolution
to execute on behalf of the City of Newport
Larence E. Vertrees and covering the
lot 7 and the SWly 5 ft of Lot 9,
Corona del Mar.
SEly 50 feet of Lot 6, Block F, Tract 323•
The motion was duly seconded by Councilman Gordon and the resolution adopted by
the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
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 Beach at a regular eeing thereof held on
the 3rd day of November, 1942.
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/,,,City Clerk of the Ulty of Newport Beach
Res. 2679
Resolution No. 2679 was presented, being a reclution authorizing the
Mayor and City Clerk to execute a grant'deed' in favor of Corliss Leonard and
sale of lot to
Jane E. Leonard, husband and wife, and covering Lot 1, Block 44, Third Addition
C.Leonard et ux
to Newport Beach, sold to said parties for the price of $250.00." On motion of
Councilman Allen, seconded by Councilman Gordon and carried, the resolution was
adopted by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Bonds in
On motion of Councilman Reed, seconded by Councilman Isbell and carried,
widening of
the bonds in connection with the widening of Central Avenue were ordered printed,
Central Ave.
but not to be sold.
The demand covering the payment of the judgment in favor of the Pacific
Demand
Electric Railway Company, was on motion of Councilman Reed, seconded by Councilman
P.E. Ry Co
Isbell, allowed and warrant ordered drawn, by the following vote, to -wit.
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Suit vs.
On motion of Councilman Allen, seconded by Councilman Gordon, the
John Hormen
City Attorney was granted permission to file a certain suit on behalf of the
City of Newport Beach vs John Hormen, by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
Res. 2680 Resolution No. 2680 was presented, being a resolution authorizing the
contract with Mayor and City Clerk to execute on behalf of the City of Newport Beach a contract
Orange County designated ORANGE COUNTY PEST CONTROL, and on motion of Councilman Reed, seconded
Pest Control. by Councilman Isbell, the resolution was adopted by the following vote, to -wit:
AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: None.
R.Killifer The application of Robert Killifer to construct a pier fronting on
permit for pier Lot 499, Tract 907, was on motion of Councilman. Gordon; seconded by Councilman
Allen and carried, granted subject to WPB regulations.
Ackerman Boat Co. The application of Ackerman Boat Company to construct vertical lift
permit for dock and outfitting dock, fronting on Lot 26, Record Survey Book 4, page 8, records
etc. of Orange County, California, was on motion of Councilman Allen, seconded by
Councilman Gordon and carried, granted.
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City Engineer Patterson suggested and recommended the employment of
Appointment of
S. T. Connors as temporary custodian of the City Camp Ground at a salary of
Camp Custodian
$25.00 per month and also recommended the adoption of a charge of $10 winter
rate per month of trailers. On motion of Councilman Gordon, seconded by Council -
man Reed and carried, the recommendations were approved.
.
Chief of Police Hodgkinson requested authorization to take care of the
Re: Mexican
Mexican sailors, subject to confirmation of the Council, at a charge of $1.00
sailors
per day. Whereupon City Attorney Thompson brought up the question of jurisdiction
In such matters, advising against such action. '
Attorney B. Z. McKinney addressed the Council in connection with
Committee on
certain ocean front property formerly known as the Keeler property, which had
Keeler prop.
been in litigation for some time and submitted a proposition to the Council
which would clear the matter up whereby the property would revert to the City.
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On motion of Councilman Gordon, seconded by Councilman Allen and carried that
a Committee be appointed to investigate and report on the matter, the appoint-
ment by the Mayor of Councilmen Isbell and Gordon for the purpose was approved.
The proposition of a Mr. Deeble for the acquisition of certain City
Property in
owned property in Tract 772 was discussed, it being suggested that several
Tract. 772
months would be required to work out a plan in the matter.
ADJOURNMENT
On motion of Councilman Gordon, seconded by Councilman Allen and
carried, an adjournment was taken Sine Die.
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