HomeMy WebLinkAbout03/09/1953 - Regular MeetingMarch 9th, 1953
• The City Council of the City of Newport Beach met in
regular session in the council chambers in the City Hall at
7 :30 p.m. The roll was called, the following members being
' present: Smith, Finch, Isbell, Bennett, & Miller.
On motion of Councilman Isbell, seconded by Councilman
Bennett and carried, reading of the minutes of the previous meet-
ing was waived and they were declared approved as written.
The regular monthly demands, having been approved by
the Finance Committee, were approved and ordered paid on motion
of Councilman Isbell, seconded by Councilman Bennett and carried
by the following roll call vote, to -wit:
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AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The monthly report -of receipts and disbursements was
presented and ordered filed on motion df Councilman Isbell,
seconded by Councilman Finch, and carried.
COMMUNICATIONS*
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Roll Call
Minutes approved
Monthly demands approve;
Report of receipts &
disbursements ordered
filed
Grant Goddicksen and others petitioned the Council for Coddicksen
consent to the annexation of certain territory described as annexation
bounded on the southeasterly by Santa Ana Avenue, on the North- Plan. Comm
easterly by 16th Street, on the Northwesterly by Newport Boulevard, gation.
and on the south and southwesterly by the city boundaries of the
City of Newport Beach. The petitioners also presented the ap-
proval of the Orange County Boundary Commission to the proposed
annexation. On motion of Councilman Isbell, seconded by Council-
man Smith, and carried, -the petition was referred to the Planning
Commission for investigation and recommendation.
petition for
referred to
for investi.-
The City Employees' Association asked that the council City Employees° Assoc.
support A. B. 1840, now before the Legislature relating to driver urged city to support
training in the public schools. On motion of 6ouncilman Isbell, A. B. 1840.
seconded by Councilman Finch, and carried, the request was taken
under consideration.
The City Engineer reported that the Bay Concrete Service Construction of retain -
Company had completed construction of the concrete retaining wall ing wall by Bay Concrete
in the West Newport Park in accordance with plans and specifications, work approved.
and recommended that the work be accepted. On motion of Councilman
Finch, seconded by Councilman Bennett and carried, the work was
accepted.
Letters from the Oil Committee of the Newport Harbor
Chamber of Commerce, and from the League of .Civic Associations,
urging that the City postpone any action upon the use of the Tide-
lands until the final settlement of the ownership of the Tidelands,
were read. On motion of Councilman Finch, seconded by Councilman
Isbell and carried, the.letters were ordered filed.
A telegram from Senator Thomas H. Kuchel, addressed to
Mayor Miller, stating that in reply to the Mayor's telegram, Sena-
tor Kuchel had obtained, from Under Secretary of the Navy Thomas,
an agreement to review the naval acquisition of a portion of
Catalina sland, and to study alternate sites, was read. On
motion of Councilman Finch, seconded by Councilman Isbell, and
carried, the Council went on record as opposed to the barring of
the public from any portion of Catalina Island. The City Attorney
was instructed to notify both Senator Kuchel and Naval Under Secre-
tary Thomas of this action.
Letters urging council
to postpone action on
use of Tidelands.
Ordered filed.
Telegram from Sen. Kur_._ha
re: Catalina Island
acquisition by Navy.
Council goes on record
as opposing the barring
of public from any por-
tion thereof.
Three letters urging increased compensation for members 3 letters urging in-
of the Police Department, from A. Burr White Jr., John H. Porter, crease in pay for Police
Jr., and from Walter & Matilda Burgess, and Aenry and Amanda Engle. Dept. ordered filed
On motion of Councilman Finch, seconded by Councilman Isbell and
carr�'ed, the letters were ordered filed.
The Balboa Island Improvement Association asked that an Bal. Isl. Impr. Assoc.
additional $1000.00 be appropriated for the hiring of police from reouest for appropriatio
surrounding cities to augment the local force during Easter Week, for increased police
and the City Manager stated that provision was made in the budget force for Easter Week.
for such employment of additional police, and on motion of Council- Letter ordered filed.
man Isbell, seconded by Councilman Bennett, and carried, the letter
was ordered filed.
The Girl Scouts of Newport Harbor expressed their appre- Girl Scouts invitation
ciation of the support of the City Council, and invited all to to Birthday party.
take part in an Open House Anniversary Party on March 12th. On Mayor Miller to attend.
motion of Councilman Isbell, seconded by Councilman Finch, and
carried, Mayor Miller was instructed to accept the invitation in
behalf of the City Council.
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City Clerk °s report on The City Clerk reported that investigation revealed a
rumor #1 re: Newport, rumor cited by Councilman Smith to the effect that the City of
Kentucky. Newport °each had been publicized as ac orruptly governed city,
Magazine & report orderedarose from a magazine,a3"tiole: :publ sh6d;rin 1939 in The American
filed as permanent recordCity regarding the City of Newport in the State of Kentucky.
On motion of Councilman Finch, seconded by Councilman Isbell,
the City Clerk was authorized to obtain a copy of the magazine
containing the 1939 article and make it, together with a copy
of the investigation report, a permanent record of the City of
Newport Beach. The motion was carried by the following roll
call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Arthur L. Best asks Speaking from the floor, Arthur L. Best, stated that he
about rumor of Council- had recently returned to the City and the first thing he had
man having financial
heard was a rumor to the effect that a councilman had an interest
interest in a local
in a local paper which had a contract with the City. Inasmuch
newspaper.
as rumors were under discussion, he said he would like to have
Encyclopedia
this particular rumor cleared up. Councilman Finch stated that
in inter
he had no interest in any local paper. Councilman Smith stated
Granted
that he, too, had heard the rumor, but that he had not included
state commerce was granted on motion of Councilman
'inch,
it in his compilation of.rumors presented at the previous
seconded
Council meeting. He said that he was the subject of the rumor
Smith requests ruling
and that he would move to request a ruling from general counsel
on 3 other councilmen.
for the League of Cities on the status of a Councilman sho was
Lashbrook,
a director and stockholder of a bank in which the city maintained
The application of Beulah R. Lashbrook for an
an inactive account; the status of a Councilman who sold supplies
license
to a contractor who, in turn, had a contract with the city, and
appin.
the status of a Councilman who operated a boat for a contractor
being in
conveying transportation for the City.
Motion passed to ask
Councilman Finch moved that the motion be amended to ask
City Atty for legal
the City Attorney to render an opinion. The amended motion was
opinion
seconded by Councilman Isbell, and carried.
by Councilman and carried.
The City Attorney then questioned the publisher of THE
Questioning of Mr. Haapa
ENSIGN, holder of the city's legal advertising contract, after
on oath by City Atty.
Mr. Haapa was placed under oath establishing the fact that
Councilman Smith had made what 6ouncilman Smith termed a per-
sonal loan to Mr. Haapa in connection with a reorganization of
the paper. Councilman Finch stated that the bank of which he
was a director held an inactive account upon which it paid the
City interest, instead of receiving payments from the city.
Councilman Isbell stated that when the City Hall was constructed
t a cost of $269,000.00, he had sold supplies in the amount of
200.00 to one of the contractors under the prevailing interpre-
tation of the law at that time. Courilman Miller stated that he
was employed on a salaried basis by the operator of the Balboa
Island ferry, that he received his salary regardless of whether
or not his employer transported City cars, and that he had no
interest whatsoever in the business.
When Councilman Smith was asked why he had not questioned
the status of the remaining councilman, he said that Councilman
Bennett had not been long enough in office.
Dean Bradford terms dis- Dean Bradford, speaking-from the floor, termed the dis-
cussion "asinine ". cussion "asinine" and pointed out that the councilmen were
elected for the purpose of washing their own linen and not
calling in a grand jury or other outside investigators to make
the city a laughing stock.
LICENSES:
Greening, E. M. Jr. The application of E. M. Greenin , Jr., for a license to
lie. appin. Service operate a service station at 318 Coast iShway, Corona del Mar,
Station. Granted. being a change of ownership, was approved on motion of Council-
man Isbell, seconded by Councilman Bennett, and carried.
Sutton, Lewis G. The application of Lewis G. Sutton for a license to
appin lic. operate operate a sandwich stand at 507 Edgewater Place, being a trans -
sandwich stand. Granted fer of ownership, was granted on motion of Councilman Isbell,
seconded by Councilman Bennett and carried.
Howard, W. J. Exempt The application of W. J. Howard, field manager for the
Lie. appin. Fuller Brush Fuller Brush Company, for an exempt license to sell Fuller Brush
Granted products house to house, being in interstate commerce, was
granted on motion of Councilman Isbell, seconded by Councilman
Finch and carried.
Kentzel, Frank H. Jr. The application of Frank H. Kentzel, Jr., for an exempt
Exempt Lie. appin. license to sell Fuller Brush products house to house, being in
Fuller Brush, Granted interstate commerce, was granted on motion of Councilman Isbell,
seconded by Councilman Bennett and carried.
Fake, Ruth
M. Exempt
The application of "uth M. Fake for an exempt
license
to
Lie. Appin.
Encyclopedia
sell the world Book Encyclopedia house to house, being
in inter
-
Granted
state commerce was granted on motion of Councilman
'inch,
Isbell,
seconded
by Councilman and carried.
Lashbrook,
Beulah R
The application of Beulah R. Lashbrook for an
exempt
license
Emempt Lie.
appin.
to sell the World Book Encyclopedia house to house,
being in
inter -
Encyclo. Granted
state commerce was granted on motion of Councilman
Finch,
Isbell,
seconded
by Councilman and carried.
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UNFINISHED BUSINESS:
Ordinance No. 650, being ORDINANCE NO. 650
AN ORDINANCE ADDING SECTION 10155.1 closing Bay Island
• TO THE MUNICIPAL CODE OF THE CITY OF Channel to certain
NEWPORT BEACH, PROHIBITING CERTAIN vessels
' VESSELS FROM USING CERTAIN AREAS OF
NEWPORT HARBOR
was presented for second reading. 2nd reading
On motion of Councilman Finch, seconded by Councilman
_ Bennett and carried, reading of the ordinance was waived. Reading waived
On motion of Councilman Isbell, seconded by Councilman Ord. No. 650 adopted
Bennett, Ordinance No. 650 was adopted by the following roll
call vote, to -wit*
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN, None
The City Clerk announced that this was the time and Hearing Abatement of
place set for a hearing on the abatement of weed nuisances. Weed nuisances.
He read one protest and two requests for the clearance of
weeds by the City. Mayor Miller declared the hearing open
and asked if there were any comments from the floor. No
• further protests being received, the Mayor declared the hear-
ing closed. On motion of Councilman Finch, seconded by
Councilman Isbell and carried, the City Manager was instructed
to answer the letters.
' The City Clerk announced that this was the time and Hearing on 'Irvine Terr'
place set for the hearing on the proposed annexation of unin- annexation.
habited territory known as "Irvine Terrace ". The Mayor declared
the hearing open. The City Clerk stated that no communications
had been received and no one spoke from the floor. The Mayor
declared the hearing dlosed. On motion of Councilman Isbell, ORDINANCE NO. 651
seconded by Councilman Bennett, and carried, the reading of reading waived
Ordinance No. 651, being an
ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY CONTIGUOUS
TO THE CITY OF NE19PORT BEACH AND KNOWN
AS THE IRVINE TERRACE AREA
was waived.
On motion of Councilman Isbell, seconded by Councilman ORDINANCE NO. 651
Finch, Ordinance No. 651 was passed to second reading by the passed to second reading
following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, & Bennett.
NOES, COUNCILMEN: Miller
ABSENT COUNCILMEN: None
The City Clerk announced that this was the. time and place Cont °d hearing on annexa
set for a continued hearing on the proposed annexation of tion °City Disposal Area
certain uninhabited territory known as the City Disposal Area
and that no communications had been received regarding this
' annexation. The Mayor declared the hearing open, no one spoke
from the floor, and the Mayor declared the hearing closed.
On motion of Councilman Isbell, seconded by Councilman ORDINANCE NO. 652
Finch and carried, the reading of Ordinance No. 652, being an reading waived
• ORDINANCE APPROVING THE ANNEXATION (F
CERTAIN UNINHABITED TERRITORY CONTIGUOUS
TO THE CITY OF NEWPORT BEACH AND KNOWN
AS THE "CITY DISPOSAL AREA."
was waived.
On motion of Councilman Isbell, seconded by Councilman ORDINANCE N0. 652
Finch, Ordinance No. 652 was passed to second reading by the passed to 2nd reading
following roll call vote, to -wit,
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Clerk announced that this was the time and place Hearing on annexation of
set for a hearing on the proposed annexation of certain territory 05 Parcel Area'
known as the "5 Parcel Annexation" and that he had received no
communications regarding the annexation. The Mayor declared,the
hearing open, no one spoke from the floor and the Mayor declared
the hearing closed.
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On motion of Councilman Finch, seconded by Councilman
ORDINANCE NO. 693 Bennett and carried, the reading of Ordinance No. 693, being
reading waived
AN ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY CONTIGUOUS
TO THE CITY OF NEWPORT BEACH AND KNOWN AS
THE "5 PARCEL ANNEXATIONB1
was waived.
On motion of Councilman-Finch, seconded by Oouncilman
ORDINANCE NO. 683 Isbell, Ordinance No. 693 was passed to second reading by
passed to 2nd reading the following roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, "ennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
NEW BUSINESS:
Sewer, Old County Rd- The City Engineer presented plans and specifications for
Broad St, presented the construction of a sanitary sewer main in Old County Road
plans & specs. southwesterly of Broad Street, recommending their approval and
asking that the City Clerk be instructed to call for bitfts to
C. Clk.,to call for bids be received by the City Council on March 23rd, 1953. On motion
for Mar. 23. of Councilman Isbell, seconded by Councilman Bennett, the plans
and specifications were approved and City Clerk instructed to
call for bids by the following roll call vote, to -wit.
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Bal. Isl. sewer collapse. The City Engineer reported that an emergency had arisen
Authorization to spend in the collapse of the sanitary sewer between Diamond Avenue
$7,000 to replace line and Sapphire Avenue, southerly of Park Avenue on Balboa Island.
granted. He recommended immediate action to replace the line and asked
authorization.to accomplish the work at a cost not to exceed
$7,000. On motion of Councilman Isbell, seconded by Councilman
Finch, the requested authorization was granted by the following
roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: Ngne
ABSENT COUNCILMEN: one
Pac. Tel & Tel rea_uest
The Pacific
Telephone &
Telegraph Company requested an
easement over Lot 29,
easement for utility
purposes over Lot 29, Block 15, Section B,
Blk 15, Sec. B. Re-
Newport Beach. On
motion of Councilman Smith, seconded by
ferred to C. Engr.
Councilman Bennett
and carried,
the request was referred to
4u t•.- claim - deed -,to;
the City Engineer
for checking
and report. -
Notification Jos. A. Beek The Public Utilities Commission notified the council
file rate increase appli
that Joseph A. Beek had filed application for an increase in
cation. filed
ferry rates. On motion of Councilman Isbell, seconded by
Councilman Finch and carried, the notice was ordered filed.
Resolution authorizing
On motion of @ ouncilman Icbell,�seconded by Councilman
execution�of Grant Deed
Bennett, couneticfhoved.'the adoption {-of a,resolutlon- .1being a.
to Glenn A. Moore
lesold�i.on:autho�Szing. the kayor And'Oitr•Cldrk.-to execute;a:
Lot 13,Blk 19, let Add
4u t•.- claim - deed -,to;
to Npt. Bch.
Glenn 411- Md61°e1:1: Lot,13," "Block 19 rFIrst1':Additioft tb:
Newport Beach as shown on a Map
recorded in Book 3, page 27 of miscel-
laneous Maps, records of Orange County,
California.
Minute resolution
The resolution was adopted on the following roll call
adopted
vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Notice of Intention
The County Tax Collector stated that.it was his intention
from County Tax Coll.
to sell at public auction tax delinquent property described as
to sell at auction
Lot 1, Block 45, Third Addition to Newport Beach. On motion of
Lot 1, Blk 45, 3rd Add
Councilman Isbell, seconded by Councilman Finch and carried, the
filed.
letter was ordered filed.
Harbor Paint Center apple The application of the Harbor Paint Center for a permit to
Install underground
install underground storage tank at 412 32nd Street, having been
storage tank. Granted
approved by the Fire Department, was granted on motion of Council -
man Finch, seconded by Councilman Smith and carried.
Vail- Roemer -Lewis appin
The application of Betty R. Vail, Alice B. Roemer, and A. W.
to construct pier etc.
Lewis for permit to construct a ,joint pier, ramps and floats, at
936 Lido Nord. Granted
936 Via Lido Nord, having been approved by the Harbor Committee,
was granted on motion of Councilman Isbell, seconded by Council-
man Finch and carried.
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The application of the Balboa Island Ferry Line for permit Balboa Island Ferry
to install two 'TO pilings to support extra pedestrian ramps at appl °n to install 2
the Palm Street landing of the Balboa Island ferry, having been pilings at Palm St.
approved by the Harbor Committee, was granted on motion of Coun- Granted
cilman Firioh, seconded by Councilman Bennett and carried.
The City Engineer submitted plans and specifications for
the construction of a parking lot on the beach northwesterly of
the Newport pier. On motion of Councilman Finch, seconded by
Councilman Smith and carried, plans and specifications were ap-
proved and the City Clerk instructed to call for bids to be re-
ceived by the City Council o9i March 23rd.
Plans & Specs for con
struction narking lot
Netin-)ort approved.
Bids called for March
23rd
The final map of Tract No. 1723, Collins Island, was sub-
Final map Tract 1723
mitted for approval by the City Engineer. On motion of Council-
Collins Isle approved
man Finch, seconded by Councilman 6ennett, the map was approved
and the City Clerk instructed to sign the same by the following
roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
RESOLUTION 4050
The City Attorney stated that A. B. 973 now before the
Council goes on recoi
legislature would open up areas within the three mile limit to
as opposing ^doption
net fishing. Mayor Miller stated that he was in opposition to
of A.B. 973 re: fish
the bill and on motion of Councilman Finch, seconded by Council-
man Isbell and carried, the council went on record as opposed to
passage of A. B. 973.
Resolution No. 4045, being a resolution cancelling city
Resolution No. 4045
taxes on certain state owned property was adopted on motion of
cancelling city taxes
Councilman Finch, seconded by Councilman Smith and the follow-
on state owned prop.
ing roll call vote, to -wit:
adopted.
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
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NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Resolution No. 4046, being a resolution cancelling taxes
Resolution No. 4046
on city owned property within the City of Newport Beach, was
cancelling city taxes
adopted on motion of Councilman Finch, seconded by Councilman
on city owned properc
Smith and carried by the following roll call vote, to -wit:
adopted
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Resolution No. 4047, being a resolution petitioning for
Resolution No. 4047
the exclusion of all property owned by the City of Newport Beach
for exclusion of prop
et al, not previously excluded, from the Orange County Water
erty from Or. Co.
District, was adopted on motion of Councilman Isbell, seconded
Water Dist. adoptec..
by Councilman Finch and carried by the following roll call vote,
to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, 8-Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Attorney stated that he had just received a
Revised agreement for
revised agreement for the purchase of a water line from the
purchase of water lir
Laguna Water District and wished time to study the agreement
from Laguna District
before recommending its approval. On motion of Councilman
referred to C. Atty,
'
Isbell, seconded by Councilman Bennett and carried, the pro-
Engr., & C. b°lgr.
posed agreement was referred to the City Attorney, Engineer,
and City Manager.
The City Manager stated that residents of Bay Island had
Bay Island residents
requested permission to build a refuse shelter at the street end
request for refuse
at Bay Island. On motion of Councilman Finch, seconded by
shelter in st. end
Councilman Smith and carried, the request was referred to the
referred. to C. Atty.
City Attorney for determination of the legality of permitting
such construction in a street end.
Resolution No. 4o4g, being a resolution authorizing the
Resolution No. 4049
execution of contract of supplying of water to the Hedges oil
authorizing execution
Company, having been approved by the Radio Corporation of
of water contract to
America, was adopted on motion of Councilman Smith, seconded
Hedges Oil Company.
by Councilman Finch and carried by the following roll call
Anproved
vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
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NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Resolution No. 4049, being a resolution requesting the
Resolution No. 4049
placing of Block A -34 and Lot C in Corona del Mar in first
requesting 1st
prior -
priority position with the Orange County Planning Commission,
ity for Blk .4-34
was adopted on motion of Councilman Isbell, seconded by Council-
Lot 0, CDM.
man Bennett and cawried by the_ following roll call vote, to -wit:
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AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, & Miller.
NOES, COUNCILMEN: None
.
ABSENT COUNCILMEN: None
F
C. Mgr. instructed to
The City Manager stated that requests had been received
contact Pao. Electric
for the improvement of a 201 easement from the Pacific
to obtain 201 easement.
Electric Railway Company adjacent to Balboa Blvd. On motion
of Councilman Isbell, seconded by Councilman Finch and
carried, the City Manager was instructed to contact the
Pacific Electric Railway Company and obtain requested ease-
ment.
C. Mgr. authorized to
The City Manager stated that informal bids had been
purchase 4 police cars
received for supplying four new automobiles to the Police
from Theo Robins
Department and that the bid of Theo Robins in the amount
of $2,325.44, plus turn -ins, was the low bid". On motion
of Councilman Isbell, seconded by Councilman Finch, the City
Manager was authorized to make the purchase by the following
roll call vote, to -wit:
AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, &Miller.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
C., Clk stated that this The City Clerk stated that this was the time and place
was time & Place for set for the opening of bids for the construction of sanitary
opening of bids for sewer sewer along Old County Road between Beacon Street and the
Old Co. Rd. but no bids first alley southwesterly thereof. He stated that no bids
had been received. had been received.
Mayor.Miller granted per- Mayor Miller requested permission to leave the state
mission to leave the and the requested permission was granted on motion of
state. Councilman Isbell, seconded by Councilman - Bennett and carried.
On motion of Councilman Isbell, seconded by Councilman
Adjournment Smith, the meeting was adjourned until Friday, March 13th,
at 11 :00 a.m.
Mayor
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city Cler
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