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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. ' 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 ' 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, • 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 ' to the approval of the County Health Officer. 154 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 9 0 `J i 0 155 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 156 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 C 1 P I 'J • 1