HomeMy WebLinkAbout09/29/1952 - Adjourned Regular Meeting152
September 29th, 1952
The City Council of the City of Newport Beach met in adjourned
• regular session in the Council Chambers of the City Hall at the hour of
7:30 P.M.
' The roll was called, the following members answering present.
Smith, Finch, Isbell, Bennett, and Miller.
On motion of Councilman Smith, seconded by Councilman Finch Reading of
and carried, the reading of the minutes of the previous meeting was waived minutes waived.
and they were declared approved as written.
COMMUNICATIONS:
The Balboa improvement Association expressed appreciation of the Balboa Impr. As.
support given by the City Council for the beautification of Balboa Boulevard. Thanks for
On motion of Councilman Finch, seconded by Councilman Isbell and carried, the beaut.ificati,.
letter was ordered filed. Bal. Blvd.
John D. McMillan, Water Superintendent, asked permission to McMillan, John D.
attend the National Water Works Convention in Pasadena, October 28th request to attend
through the 31st, with reimbursement of expenses. The request was convention.
granted on motion of Councilman Finch, seconded by Councilman Isbell
and carried by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: "one
• ABSENT, COUNCILMEN: None
A communication_ from the City of Santa Rose. urging support
Letter from C. of
of legislation equalizing sales tax by turning over to the Statg
Santa Rose re:
the dollection and auditing, was presented. On motion of Councilman
sales tax. Filed.
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Smith, seconded by Councilman Finch, and carried, the reading of the
text of the communication was waived, and it was ordered filed.
The Pacific Electric Railway Company stated that it had
Pac. Elec. RR Co.
discontinued electrical operation between North Long Beach and Newport
requests meeting.
Beach, and asked a field meeting to arrange for the removal of attach-
To C. Engr.
ments from poles. On motion of Councilman Finch, seconded by Council-
man Smith and carried, the letter was referred to the City Engineer.
The Corona del Mar Business Association asked permission.to
CDM Bus. Assoc.
close a portion of MargueEite to traffic on October 11th and 12th for
request traffic
the Association's Annual obster Bake. On motion of Councilman Smith,
blockade,_Lobster
seconded by Councilman Finch, and carried, the request was granted.
Bake.
John Landesco of the 28th District Democratic Committee,
Landesco, John
asked permission to operate a sound truck in Newport Beach and in
requests permis-
Corona del Mar on October 4th, in the interests of their candidate.
sion to operate
On motion of Councilman Finch, seconded by Councilman Bennett, and
sound truck.
carried, the request was denied, and the City Clerk instructed to ad-
Denied.
vise the applicant that the operation of sound trucks in the City of
Newport Beach was prohibited by Ordinance.
The Chief of Police reported that due toturnover in person-
C. of Pol. rem
nel there were now seven untrained men in his department, and requested
quests sending 2
authority to send two of these men to Basic Training School at Pleasanton,men to police sch.
beginning October 20th at a cost of $1,040.00. On motion of Councilman
Finch, seconded by Councilman Isbell., the training was authorized by
Authorized
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the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller
and
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
.Notice was given of a Hearing by the Public Utilities Com-
Western Union,
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mission on the application of the Western Union Telegraph Company for
an increase in rates. On motion Councilman Isbell,
notice of hearing,
of seconded by
increase of rates.
Councilman Finch and carried, the notice was ordered filed.
Filed.
The Balboa Improvement Association, through its Parking Lot
Bal. Impr. Asso
Committee, asked that proceedings be initiated for the extension of
asks extension of
the Balboa Parking Lot, between Palm and Washington Streets and also
parking lot.
between "A" and "B" Streets. On motion of Councilman Isbell, seconded
Committee named.
by Councilman Finch and carried, a Committee comprising Coy Watts, Ed
Allen, J. B. McNally, Councilman Bennett, City Manager Sailors and City
Engineer Webb, was appointed to investigate the request and report.
The Balboa Improvement Association, through Ross Greeley,
Bal. Impr. Asso.
Chairman of the Bench Committee, asked fifteen new benches to replace
request 15 benches
the old benches in the Balboa business district. On motion of
Refer to PB &RC
Councilman Isbell seconded by Councilman Finch, and carried, the
Park, Recreation
request was referred to the Beach & Commission.
Robert A. and Lois E. Feehter, doing business as "Lois and
Fechter, lic.
Bob's Cafe" at 632 Coast Highway, Newport, requested a license to
cafe. GRANTED
operate the Cafe, and_on motion of Councilman Isbell, seconded by
Councilman Bennett, and carried, the application was granted, subject
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to the approval of the County Health Officer.
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UNFINISHED BUSINESS:
Hearing, Charles. The City Clerk announced that this was the time and place set
'U' Drive Boats. for a decision on the protest of Emerson W. Charles against denial of
Decision next mt. a business license to operate six additional boats at 23015 Coast High-
way, Newport Beach. On motion of Councilman Isbell, seconded by
Councilman Bennett, and carried, the decision was put over until the
next meeting.
Ord. No. 675 Ordinance No. 675,•being
re: Plan. Comm. AN ORDINANCE AMENDING SECTIONS 2405 and 2409 OF THE
MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH PROVIDING FOR MEMBERSHIP
AND MEETINGS OF THE PLANNING COMMISSION.
second reading was presented for sedond reading and on motion of Councilman Finch,
waived. seconded by Councilman Isbell, and carried, the reading of the Ordi-
nance was waived.
Ord. No. 675 On motion of Councilman Finch, seconded by Councilman Isbell,
ADOPTED Ordinance No. 675 was adopted by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Ord. No. 674 Ordinance No. 674, being
Transfer of taxes
to County AN ORDINANCE PROVIDING FOR THE TRENSFER:_TO "THE COUNTY OF
ORANGE OF ASSESSMENT, EQUALIZATION AND COLLECTION OF CITY PROPERTY
TAXES: REPEALING SECTIONS 2600 THROUGH 2652 (a), EXCEPTING SECTIONS
2652 and 2653; RENUMBERING SECTIONS 2652 and 2653 TO 2600 and 2601
RESPECTIVELY, AND ADDING SECTION 2602 THERETO.
second reading
was presented for second reading, and on motion of Council -
waived
man Smith, seconded by Councilman Finch, and carried, the reading of
Damage claim
the Ordinance was waived.
Real Estate Bd
Representatives of the Real Estate Board, and Councilman
protests
Isbell protested the passage of the Ordinance on the grounds that it
1952, was presented, and on motion
Isbell,
tended to further centralize local government. Stanley Hadfield
stated from the floor that the attempted move represented a concerted
and carried, was
attempt by a small group of people to attack the vital functions of
the City and that morale was being seriously undermined. Dean Brad-
Carrier.
ford cited a Sal6s Tax Resolution recently adopted by the Council,
protesting the transfer of local government to County authorities.
Carl Thomas, President of the Real Estate Board, said that in his
opinion, the City was discriminated against by the County in the
establishment of assessed valuations.
C. Isbell states
opposition
Ord. No. 674
ADOPTED
Farris, Marion R
Oath of Office
Eenley, Robt. M.
Oath of Office
Councilman Isbell stated that he was opposed, because he
believed the step was not in the best interest of the City and con-
stituted nothing more than a further centralization of local govern-
ment. On motion of Councilman Smith, seconded by Councilman Finch,
Ordinance No. 674 was adopted by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch and Miller
NOES, COUNCILMEN: Isbell, and Lennett
ABSENT, COUNCILMEN: None
NEW BUSINESS:
The Oath of Office of
Officer was approved on Motion
Councilman Isbell, and carried.
The Oath of Office of
Officer was approved on Motion
Councilman Isbell, and carried.
Marion R. Farris as a Reserve Police
of Councilman Finch, seconded by
Robert M. Henley as a Reserve Police
of Councilman Finch, seconded by
Lundquist,. Norman E The Oath of Office of Norman E. Lundquist as a Reserve Police
Oath of Office Officer was approved on motion of Councilman Finch, seconded by
Councilman Isbell, and carried.
Smart, Emma C
A verified Claim for Damages
from Emma C. Smart, Temple
Damage claim
City
for injuries suffered in a fall on
Seaview Avenue on September
To C. Ans. Car.
9th
6ouncilman
1952, was presented, and on motion
Isbell,
of Councilman Finch wconded
by
and carried, was
referred to the City's Insur-
ance
Carrier.
PB&RC Rec. that A recommendation of the Park, Beach, and Recreation Commis -
Blk °C1, CDM be lion that Block "C ", adjoining the public beach, known as 'Little
acquired referred Corona', be acquired by the City, was presented, and on motion of
to C. Mgr. Councilman Finch, seconded by Councilman Isbell, and carried,was
referred to the City Manager.
C. Smith Resolution councilman Smith stated that he wished to introduce a Reso-
re: City Clk °s lution calling upon the City Clerk's surety to make good losses the
surety Councilman alleged were sustained in possessory interest assessments
in Beacon Bay, The Balboa Bay Club, and elsewhere. Councilman Smith
moved that the Resolution be adopted as follows:
'In order to put it on the record, in order to inform
the people of this community, and in order to bring it forcibly
to the attention of each individual member of the City Council of their
liability; I would at this time like to move that we as the City
Council call upon the surety of the City Clerk, his bonding company,
to make good the loss to the City of all amounts lost by his
refusal, neglect and failure to assess properties within the City
under the Possessory Interest terms contained in our Municipal
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Code. I refer particularly to the Balboa Bay Club, Beacon Bay and
the Balboa Yacht Basin, and others not yet known to me.
In addition, I would like at this -time to• include in the
• motion a call upon the bonding company to make good the loss
to the City by the failure, neglect and refusal of the City
Clerk, acting as City Assessor, to assess the personal property
' of individuals not otherwise assessed. I refer to the improvements
contained in various trailer parks and not covered under the in
lieu tax provision and other losses of personal property tax not
known at this time.'
Councilman Finch stated that in his opinion there was no C. Finch statement,
occasion for such action -and that it was not the American way of no occasion for
doing things. The motion died for lack of a second. action.
The City Attorney presented a tentative agreement with the Balboa -Bay Club
Balboa Bay Club providing for specified adjustments in minimum agr¢c nt, APPROVED
rental and compensation for loss of floats, in the event that a j
compromise settlement was reached with Orange County clearing title
to the property occupied by the Club. After some discussion, the
agreement was approved and the Mayor and City Clerk were authorized
and directed to execute it, by the following roll call vote, to -wit:
AYES, COUNCILMEN: Finch, Isbell, and Bennett
NOES, COUNCILMEN: Smith, and Miller
ABSENT, COUNCILMEN: None
The City Attorney stated that complications - caused by the Authorization to
. existence of a prior lease had arisen in the purchase from George amend escrow on
Capron of a City Dump site. He asked authority to amend the escrow Capron lease for
to provide for a six months clearance period, with the stipulation City dump Bite.
that failure to clear the lease within that period would cancel
the transaction. On motion of Councilman Finch, seconded by Council-
man Bennett, the amendment was authorized by the following roll call
vote.
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The City Attorney stated that a proposed a=greement with P. E, agreement
the Pacific Electric Company had been tabled at the last meeting, taken from table
the agreement authorizing the trading of certain property in the
event that the projected 31st Street Cut -off fails of development.
On motion of Councilman Finch, seconded by Councilman Smith, and
carried, the proposed agreement was taken from the table. �. 4
On motion of Councilman Finch, seconded by Councilman P. E. agreement
Smith, the execution of the agreement by the Mayor and City Clerk, authorized
was authorized by the following roll call vote.
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The City Manager reported that in response to advertise- High bids announced
ment he had received bids for certain unused and surplus equipment on surplus equip.
and stated that the bid of Manuel Ezro,j of Ensenada, Baja, California
in the amount of $1,625.00 was the high bid for a 120 HP Fairbanks
Morse Diesel Engine, presently located in the Corona del Mar Pumping
Station. On motion of Councilman Smith, seconded by Councilman
' Finch, the bid was accepted by the following roll call vote, to -wit: Bids accepted.
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The City Manager reported that the high bid for the 1922 Bid on 1922 Dodge
• Dodge Fire Truck offered for sale was $37.50, and on motion of Fire Truck accepted.
Councilman Smith, seconded by Ciouncilman Finch, the bid was ac-
cepted by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
The City Manager reported that the high bid for the ob- Bid on obsolete radi.
dolete Radio Transmitter offered.for sale was $7.63, and on motion transmitter accepted.
of Councilman Smith, seconded by Councilman Finch, the bid was ac-
cepted by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Millmr
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
On motion of Councilman Finch, seconded by Councilman Smith, Expenses to League
reimbursement of expenses for City Officials attending the League of of Cities Conv.
Califrnia Cities Convention in San Diego, October 12th - 15th, inelur granted
' sive, was authorized by the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, and Miller
NOES, COUNCILMEN: None
• ABSENT, COUNCILMEN: None
Mayor Miller announced the following appointments. Appointments
announced.
Finance Committee: Smith, Isbell
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Appointments announced. Sanitation District No. 5: Miller, Alternate - Smit h
(font °d) Finch
Appointments
Confirmed
Adjournment
Sanitation District No. 6: Miller, Alternate - Finch
Irvine - Laguna Water Line & Dump Sit: Smith, Isbell,
Webb, Sailors
Removal of Standard Oil Tanks: Bennett, Edw. T. Healy,
Sailors
Annexations: Finch, Bennett, Sailors
011: Miller, Finch, Sailors, Chas E. Hart, (Mrs.) Duncan
Stewart, Fred Kriete, Hahs Lorenz
Street Planning: Smith, Sailors, Isbell, Webb, Finch,
Reddick.
Joint Harbor Committee: Isbell, Miller
Park, Beach & Recreation Commission: Finch
On motion of Councilman Smith, seconded by Councilman
Isbell, and carried, the appointments were confirmed.
On motion of Councilman Finch, seconded by Councilman
Isbell, and carried, the meeting was adjourned until October 6th,
1952, at 7:30
P.M-
i y clerk
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