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HomeMy WebLinkAbout02/19/1945 - Adjourned Regular MeetingI 0 0 Newport Beach, February 19, 1945 The City Council of the City of Newport Beach met in adjourned regular session in the City Council Chambers at the City Hall at the hour of 5:00 o°olock p.m. on the above date with Mayor Hall presiding,, The roll was called, the following Councilmen answering present: Allen, Stanley, Isbell, Reed, Hall. Absent, Councilmen: None. 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, the regular order of business was dispensed with in order to consider bids submitted for furnishing . motor, pump andjpipe for the Water Department. Bids for furnishing motor and centrifugal pump were submitted by Byron Jackson, Allis Chalmers Mfg: Co. and Hardy Equipment Corp., which were opened and read by the Clerk and on motion of Councilman Allen, seconded by Councilman Isbell and parried, referred to the City Engineer for checking and report. Bids for,furnishing 1333 lineal feet of pipe were submitted by the American Pipe and Construction Company and United Concrete Pipe Corporation, which were opened and read by the Clerk and on.motion,of Councilman Allen, seconded by Councilman Isbell and carried, were referred to the City Engineer for checking and report. Informal bids were submitted for furnishing gasoline for City Departments for the ensuing year by 5tan4ard•011 Company, General Petroleum Corp. and Union 011 Company, which were opened and read by the Clerk, and after due consideration, the bid of the Standard 011 Company was deemed the lowest bid with local delivery, and on motion of Councilman Isbell, seconded by Councilman Allen, the Standard 011 Co. was awarded the contract to furnish petroleum products to the City of Newport Beach for the ensuing year, by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Zsbell, Reed Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. 25? Roll Call Bids for motor and pump submitted Bids for Pipe submitted Bids for furnish - Ing gasoline submitted On motion of Councilman Allen, seconded by Councilman Isbell and carried, Contract with the Mayor and City Clerk were authorized to execute on behalf of the City, the Standard Oil contract with the Standard 011 Company. On motion of Councilman Allen, seconded by Councilman Reed and carried, the regular order of business was resumed. -COMMUNICATIONS . e app cation of ,Curt W. Bohman for permission to install underground C.W.Bohman permis- storage for the handling of petroleum products, having been approved by the Fire sion for storing Chief, was on motion of Councilman Allen, seconded by Councilman Stanley and petroleum products carried, granted. The application of Donald Harmon for a license to operate an amusement Donald Harmon Skill Game at 111 Main Street, Balboa, was on motion of Councilman Allen, seconded application for by Councilman Isbell and carried, referred to the Chief of Police and Police Skill game Committee. The letter of Smith Bros. requesting the use of a City dock in the Smith Bros.request vicinity of the Rhine and LaFayette Street for the repairing of a barge, was on for use of City motion of Councilman Stanley, seconded by Councilman Allen and carried, referred Dock to the City Engineer with power to act. The letter of the U. S. Employment Office requesting the presence of U.S.Employment City officials at a meeting to be held in Santa Ana, February 20th, was on motion invitation to of Councilman Allen, seconded by Councilman Isbell and carried, ordered filed. meeting The request of Chief.of Police Hodgkinson for the confirmation of the Appointment of appointment of Larry Ewen as a Special Officer was on motion of Councilman Isbell, Furry Ewen as seconded by Councilman Allen and carried, granted. Special Officer At this juncture, Marguerite MacCulloch addressed the Council in behalf of Margurite Mac the application of Donald Harmon for a license-to operate an amusement game in Culloch address Balboa and requested that the Council grant the license at this time rather than to Council re: delay same until the next meeting of the Council, and after hearing Chief of Police Harmones Skill Hodgkinson on the question, it was moved by Councilman Isbell, seconded by CouncilmanGame License Allen and carried, that the motion to refer the matter be rescinded, and on motion of Councilman Isbell, seconded by Councilman Stanley and carried, the license was granted, subject to the written approval of the Police Dept. and Police Commission. UNFINISHED BUSINESS Resolution No. 224 of the Planning Commission granting a conditional Res. No. 224 permit to the Corona del Mar Community Church Congregational for the,errection of of Planning Como a church building on Lots 9, 11 and 13, Block N. Corona del Mar, was on motion of Councilman Allen, seconded by Councilman Stanley and carried, approved. Resolutions Nos. 222 and 223 of the Planning Commission were presented and Res. 222 & 223 read, each pertaining to and recommending a site designated °Site No. 46 as the of Planning Cc�, location of a proposed Civic Center, whereupon Councilman Stanley called attention to the fact that the State Planning Act provides that a two-thirds vote of the Planning Commission members is required for the adoption of a resolution by that body, where a Master Plan is involved, whereas the vote on the resolutions inquestion was five to four, which on a ruling of the City Attorney nullified the recommendation of the Planning Commission in which case the Council could not approve the same. Mark Johnson addressed the Council on the subject in connection with the Master Plan question. Councilman Isbell requested a ruling Prom the City Attorney as to whether the Council could not choose a site for a Civic Center regardless of any action of the Planning Commission and was advised that the Council could do so, and on motion of Councilman Reed, seconded by Councilman Isbell, Site No. 4 was chosen by the following roll call vote, to wit: AYES, COUNCILMEN° Allen, Isbell, Reed. NOES, COUNCILMEN: Stanley, Hall. ABSENT, COUNCILMEN: None. Councilman Stanley qualified his negative vote for the reason that resolutions of the Planning.Commission have not been rescinded due to lack of sufficient votes for their passage. Ruling by City Attorney re: Cive Center Site Res. Nos. 222 & 223 On motion of Councilman Reed, seconded by Councilman Isbell, of Planning Com. Resolutions Nos. 222 and 223 of the Planning Commission were ordered tabled by ordered tabled the following roll call vote, to wit: AYES, COUNCILMEN:: Allen, Stanley, Isbell, Reed, Hall. NOES, COUNCILMEN: Noneo ABSENT, COUNCILMEN: None. NEW BUSINESS: Amended Demand of The amended Demand of Dr. Gerald Rausa laid over from a previous meeting, Dr. G. Rausa was on motion of Councilman Reed, seconded by Councilman Allen and carried, was allowed allowed, and a Warrant ordered drawn for same. Councilman Allen moved the adoption of a resolution, being a resolution Theo Robins contractauthorizing the Mayor and City Clerk to execute on behalf of the City a certain for purchase of contract between the City and Theodore Robins for the purchase of a truck for truck for Street the Street Department, the motion was duly seconded by-Councilman Isbell, the Dept. resolution designated Resolution No. 311+ and was passed by the following roll call vote, to wit: - AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall. NOES, COUNCILMEN: None ABSENT COUNCILMEN: None. Demand in payment A Demand in favor of Theodore Robins to apply on the purchase of a truck on truck for the street Dept. was on motion of Councilmam Reed, seconded by Councilman Isbell and carried, allowed and a Warrant ordered drawn for same. Min. Res. Councilman Allen moved the adoption of a resolution, being.a resolution quitclaim deed on authorizing the Mayor and City Clerk to execute on behalf of the City of tax redeemed Newport Beach, the following,quitclaim deed to the following.people and cover - property ing, the following,deacribed propertys George A. Olson & Mattis T. Olson Lots 15 and 16, Block 11, Tract 772 City of Newport Beach The motion was duly seconded by Councilman Isbell 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. J.F&Hedrick request City Engineer Patterson presented a letter from J. F. Hedrick, custodian to cancel contract of the City Dump around requesting that the contract between the City of Newport for City Dump Beach and himself be cancelled, whereupon Councilman Allen moved the adoption of Ground with City a resolution, being a;resolu tion cancelling the contract between the City and J. F. Hedrick, the motion for adoption was duly seconded by Councilman Isbell, the resolution designated Resolution No. 3115 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. 3116 On recommendation of City Engineer Patterson, Councilman Allen moved the adoption of a resolution, being a resolution authorizing the Mayor and City W.A.Flippen contractClerk to execute,on behalf of the City a contract�vlth W. A. Flippen to manage with City to and conduct the City pump Ground upon the same terms and conditions as contained Manage City Dump in the contract with the previous custodian. The motion for adoption was duly Ground seconded by Councilman Stanley, the resolution designated Resolution No. 3116, and -was passed by the following roll call-,vote, to wit: AYES, COUNCILMEN: Allen, Stanley, Isbell, Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. Map of Tract 1090 City Engineer Patterson presented a map, being a map of Tract 1090,, which on motion of Councilman Stanley, seconded by Councilman.,Allen was officially approved and accepted by the following roll call vote, to wit: AYES, COUNCILMEN: Allen, Stanley,,Isbell, Reed, Hall, NOES, COUNCILMEN: None. ABSENT°. COUNCILMEN° None. Report on Bids for motor, pump and pipe Laid- on Table W.T.Jefferson Oil Lease Regulations respecting land uses On•motion-of Councilman Stanley, seconded by Councilman Allen and carried, the City Clerk was directed to certify to the dedication of the map of Tract 1090. Reporting on the bids submitted for the furnishing of motor, pump and pipe, City Engineer Patterson requested that same be Laid on the Table until the next meeting of the City Council. City Attorney Thompson presented a.lease between the City of Newport Beach and W. T. Jefferson, being . an oil lease on- .certain City owned property known as the City Dump Ground and on motion of Councilman Allen, seconded by Councilman Isbell and carried, same was Laid on the Table for further study. City Attorney Thompson advised that in accordance with instructions of the City Council regarding the adoption by the County and City of uniform regulations respecting land uses bordering on the Harbor, that a meeting of representatives of the City, County and Planning Commissions of the County and City confer on the matter. 1 r1 U LJI 0 9 Councilman Allen moved the adoption of a resolution, duly seconded by Councilman Isbell, being Resolution No. 3117, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING RESULT OF AN ELECTION HELD PURSUANT TO THE PROVISIONS OF SUBDIVISION L OF SECTIONS 39 -C OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT ACT. • The City Council of the City of Newport Beach does hereby resolve and order as follows: 0 �I U 0 Section 1: WHEREAS an election was held in the City of Newport Beach, County of Orange, State of California, pursuant to the provisions of Subdivision 1 of Section 39-0 of the California State Employees' Retirement Act, all as required by said act, and pursuant to the resolution fixing polling places, appointing election officers, and establishing rules for city employees' election on the question of participating under the California State Employees' Retirement Act, being,Resolution No. 3113 of said city; and WHEREAS it appears that notice of said election was duly and regularly given to employees of said city; that voting precincts were properly established; that election officers were appointed and election supplies furnished; and that in all respects said election was held and conducted, and the votes cast thereat received and canvassed, and the returns thereof made and declared in the time, form, and manner as required by said Resolution No. 3113 of said city and the provisions of Subdivision 1 of Section 3Z_-qo_T the California State Employees' Retirement Act; and WHEREAS, the City Council of the City of Newport Beach, sitting,as a body, have counted and tallied the ballots and determined the results of said election at the hour of SIX o'clock P. M. on the 19th day of February, 1945, at the council chambers of the City Council in the City of Newport Beach; NOW, THEREFORE, Be it resolved that said election was held and conducted in the city of Newport Beach on Monday, the 19th day of February, 1945; that there was one precinct established by the city council of the city of Newport Beach for holding said election; that the ballots of the members of the police department voting.at said election were kept separate from the ballots of the fire department, and separate from the ballots of the other city employees and were tallied separately, with the votes of all members of the fire department being tallied and counted together, and the votes of all other city employees counted and tallied together. That the following proposition was voted on at said election herein mentioned, to-wits "Shall the above - designated employees of the subdivision,named above be included in the State Employees' Retirement System?" That the number of "Yes" and "No" votes of the police department voting on said propositions are as.follows: Yes votes 12 No votes None That the number of "Yes" votes and the number of "No" votes on said proposition by the fire department are as follows. Yes votes 8 No votes None That the number of "Yes" votes and the number of "No" votes on said proposition by the other city employees are as follows: Yes votes 53 No votes 1 BE IT FURTHER RESOLVED that the members of the police department voted their approval of said proposition; that the members of the fire department voted their approval of said propo- sition; that the,other employees of the City of Newport Beach voted their approval of said proposition. BE IT FUTHER RESOLVED that the City Council of the City of Newport Beach, sitting as an election board, have by this resolution determined the results of the election herein mentioned. = , Rea. No. 3117 1` The City Council of the City of Newport Beach, sitting as an election board, at an adjourned regular meeting of the city council held following said election on the 19th day of February, 19+59 by the following roll call vote, to -wit: AYES: NOES: ABSENT ATTEST: Y leerk Allen, Stanley, Isbell, Reed, Hall, None None ��i`► -5 uI The City Council of the City of Newport Beach, pursuant to Resolution Number 3113 of said City, and sitting as an election board, have .determinea tTe results of the election held pursuant to said resolution numbered 33113 of said City, and declare the results to be those mentionedn the within and foregoing_resolu- tion. Dated and signed this 19th day of February, 1945- y C&qipilman and e t -on 0 ci`er y ounc man and ect Ion Of ices My ._ounc man —and—Eleotion Officer y Councilman an ec on OfrIcer City Nuncilman and E ection Officer ADJOURNMENT: on motion of Councilman Allen, seconded by Councilman Stanley and carried, an adjournment was taken Sine Die. ounc man ATTEST: Counallman ty er 0 1 LJ