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HomeMy WebLinkAbout11/10/1952 - Regular Meeting16 5) November 10th, 1952 . The City Council of the City of Newport Beach met in 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: Finch, Isbell, Bennett, and Miller, Councilman Smith Roll Call being absent. The reading of the minutes of the previous meeting was Minutes waived, and on motion of Councilman Finch, seconded by Councilman Isbell and carried, the minutes were approved. The monthly report of receipts and disbursements was Receipts & Dis- presented and ordered filed on motion of Councilman Finch, sec- bursements onded by Councilman Isbell and carried. Certain demands, having been approved by the finance. Demands approved committee, on motion of Councilman Finch, seconded by Councilman Isbell were approved and ordered paid on the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Smith • QCAMUNI CAT IONS The Balboa Island Business Association asked that a Hal. Isl. Bus. Assoc. sign be erected at the Arches directional to Balboa Island and request for direct - that the sign off 101 Highway leading to the Island, and presently ional signs ' obscured by a tree, be moved. On motion of Councilman Finch, seconded by Councilman Isbell, and carried, the request was re- ferred to the City Manager. Ed L. Sedelmeier of Corona del Mar, acting as agent Offer of 2 lots on for P. B. Harper, offered Lots 2 and 4 in Block 333, Corona del Bayside Dr for $2000 Mar, to the City for $2,000. On motion of Councilman' Finch, referred to PB & R. seconded by Councilman Isbell and carried, the offer was referred to the Park, Beach, & Recreation Commission for consideration of the entire Bayside Drive improvement project. Hay Langenheim, secretary of the Chamber of Commerce, Langenheim letter expressed his appreciation of his recent appointment as an hono- thanks for lDnorary rary member of the Fire Department and as special officer of the appointments. Police Department. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the letter was ordered filed. The Coastal Municipal Water District submitted Reso- Coastal Hun. Water lution No. 3896 of the Board of Directors of the Metropolitan Dist. Resolution Water District of Southern California, being a resolution per- re: service of water. taining to the service of water by the district. On motion of Councilman Isbell, seconded by Councilman Bennett, the resolution was referred to the City Manager, and carried. To C. Mgr. The Central Valley Empire Association asked that the Central Valley Eingire City of Newport Beach take part in a statewide °salute to Kern Assoc. request1ribute County' on December 2nd as a tribute to the outstanding recovery to earthquake area. ' from the summer earthquakes made by Tehachapi, Arvin and Bakers- field. The following minute resolution was adopted: WHEREAS, the cities of Tehachapi, Arvin and Bakers- Minute Resolution field with the cooperation of both government and public agencies and through the enterprise and initiative of their people have made a remarkable recovery from the damages suffered in the . summer earthquakes; NOW, THEREFORE, BE IT RESOLVED, that the City of New- port Beach extends to these three cities and Kern County its sincere congratulations and best wishes for continued prosperity and growth. The resolution was adopted on motion of Councilman Resolution adopted Isbell, seconded by Councilman Finch and carried. A second amdndment to the Pacific Electric Railway A 2nd amend to PERW Company's application to the Public Utilities. Commission for increased fares. Increased fares was presented and on motion of Councilman Finch, seconded by Councilman I sbel .1, and carried, was ordered filed. The Newport Beach City Employees Association asked Npt. Bch. Emp. Assoc. that the present $28 Cost of living bonus be changed from a request for raise. temporary to permanent status and that a blanket advance of one step in each salary bracket be given to all city employees. On motion of Councilman Isbell, seconded by Councilman Finch ' and carried, the matter was referred to�the City Manager. To C. Mgr. U ! f f P. B. & R. Comma The Park, Beach, & Recreation Commission asked that the request parking area between Larkspur & Marguerite Avenues on Bayside Drive in area, CDM Corona del Mar- be designated as a parking area and that money be appropriated from the off - street parking fund for this purpose. On motion of Councilman Finch, seconded by Councilman Isbell, and carried, the City Council took under consideration the pro - posed parking area. Memorandum clari- A memorandum from Mayor Miller clarifying the duties fying duties of of the City Treasurer was read as follows: Treasurer. °It was /announced and expressed intent of the City Council on December 10th, 1951, the date Resolution No. 3926 was passed which established the new position of Finance Officer, that the appointive duties heretofore performed by the elected City Treasurer under the titles of City Auditor and Deputy Tax Collector, be performed by the Finance Officer under the direct subervision of the City Manager. This step was taken to guarantee the selection of a qualified individual to carry out and perform the duties and functions for which the City Council is responsible. Basically, the duties of the Finance Officer are operational, accounting and auditing in connection with the operation and administration of the City Government. The responsible head must of necessity, be the appointing authority in order to establish and maintain proper administrative control. It is the consensus of opinion, after considerable study and advice on the matter, that none of the duties assigned to the Finance Officer are in conflict or incompatible with the duties assigned to the Eityn.TreabidrerrinrSections 41000 at seq. of the Government Code of the State of California. You have asked for a clarification of your duties, and you most certainly are entitled to this. It, however, should be pointed out at this time for the record, that this is merely an interpretation and in no sense an attempt to specify the duties of Treasurer which, of course, is the responsibility of the California Legislature. Section 41001. Receipt and Custody of Money. The City Treasurer shall receive and safely keep all money coming into his hands as Treasurer. It is felt thatthis means, that after the operating and accounting departments and other activities of the City collect and properly record their receipts, that the collections and receipts should be turned over to the Treasurer daily, or periodically, in a manner consistent with sound accepted safe- guards, and mutually agreeable to the Finance Officer and City Treasurer. Section 41002. wi N. and securing of public funds. He shall comply with all laws governing the deposit and securing of public funds andthe handling of turst funds in his possession. It is the belief that this means, that either the Treasurer or a Deputy appointed by him, should receive the funds from the Finance Officer and make bank deposits according to existing law. It also means that the Treasurer, acting as trustees for certain trust funds under special assessment dis- tricts and the various Bond Acts, collects and disburses these monies solely on his own, in accordance with State Laws, and not subject to any control by the City Council. Section 41003. Manner of paying out money. He shall pay out money only on warrants signed by legally designated persons. .It is felt that this means, that after the purchases have been made and the services received by the operating de- partments and activities of the City and proper claims processed by the Finance Officer and approval has been made by the City Council and proper warrants signed by the Mayor and City Clerk, that the City Treasurer shall pay, or cause to be paid, the amounts shown on each warrant. It is the consensus of opinion, that the Treasurer's entire responsibility in this matter is limited to seeing that all warrants are signed by the Mayor and City Clerk. • r� F i E 1 L._3uther Mrs. Ledia Struther, 540 E1 Modena, Newport Heights, request for tree asked that six eucalyptus trees which had become a nuisance on removals, city property at her address be removed. On motion of Council- man Finch, seconded by Councilman Isbell, and carried., the request was referred to the City M anager and P ark Superintendent. Letter from C. Mgr. William Richards, City Manager of the City Of Arcadia, of Arcadia re: reported that a public hearing had been set for Wednesday, Pub. Util. Co. November 19th before the Public Utilities Commission on the hearing. application of the Southern Counties Gas Company for a general increase in gas rates. He also reported that $1,982 had been contributed by cities in Southern California to oppose the rate increase. On motion of Councilman Isbell, seconded by Councilman Finch end carried, the letter was ordered filed. P. B. & R. Comma The Park, Beach, & Recreation Commission asked that the request parking area between Larkspur & Marguerite Avenues on Bayside Drive in area, CDM Corona del Mar- be designated as a parking area and that money be appropriated from the off - street parking fund for this purpose. On motion of Councilman Finch, seconded by Councilman Isbell, and carried, the City Council took under consideration the pro - posed parking area. Memorandum clari- A memorandum from Mayor Miller clarifying the duties fying duties of of the City Treasurer was read as follows: Treasurer. °It was /announced and expressed intent of the City Council on December 10th, 1951, the date Resolution No. 3926 was passed which established the new position of Finance Officer, that the appointive duties heretofore performed by the elected City Treasurer under the titles of City Auditor and Deputy Tax Collector, be performed by the Finance Officer under the direct subervision of the City Manager. This step was taken to guarantee the selection of a qualified individual to carry out and perform the duties and functions for which the City Council is responsible. Basically, the duties of the Finance Officer are operational, accounting and auditing in connection with the operation and administration of the City Government. The responsible head must of necessity, be the appointing authority in order to establish and maintain proper administrative control. It is the consensus of opinion, after considerable study and advice on the matter, that none of the duties assigned to the Finance Officer are in conflict or incompatible with the duties assigned to the Eityn.TreabidrerrinrSections 41000 at seq. of the Government Code of the State of California. You have asked for a clarification of your duties, and you most certainly are entitled to this. It, however, should be pointed out at this time for the record, that this is merely an interpretation and in no sense an attempt to specify the duties of Treasurer which, of course, is the responsibility of the California Legislature. Section 41001. Receipt and Custody of Money. The City Treasurer shall receive and safely keep all money coming into his hands as Treasurer. It is felt thatthis means, that after the operating and accounting departments and other activities of the City collect and properly record their receipts, that the collections and receipts should be turned over to the Treasurer daily, or periodically, in a manner consistent with sound accepted safe- guards, and mutually agreeable to the Finance Officer and City Treasurer. Section 41002. wi N. and securing of public funds. He shall comply with all laws governing the deposit and securing of public funds andthe handling of turst funds in his possession. It is the belief that this means, that either the Treasurer or a Deputy appointed by him, should receive the funds from the Finance Officer and make bank deposits according to existing law. It also means that the Treasurer, acting as trustees for certain trust funds under special assessment dis- tricts and the various Bond Acts, collects and disburses these monies solely on his own, in accordance with State Laws, and not subject to any control by the City Council. Section 41003. Manner of paying out money. He shall pay out money only on warrants signed by legally designated persons. .It is felt that this means, that after the purchases have been made and the services received by the operating de- partments and activities of the City and proper claims processed by the Finance Officer and approval has been made by the City Council and proper warrants signed by the Mayor and City Clerk, that the City Treasurer shall pay, or cause to be paid, the amounts shown on each warrant. It is the consensus of opinion, that the Treasurer's entire responsibility in this matter is limited to seeing that all warrants are signed by the Mayor and City Clerk. • r� F i E 1 167 Section 41004. Monthly Report and Accounting: Filirig copy with L egislative Body: Regularly at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements and fund • balances. He shall file a copy with the Legislative Body. It is the belief that this means, a report showing total receipts, disbursements, and balance of each Funds, should be submitted. Section 41005. Other Duties. The Treasurer shall per- form such duties relative to collection of City Taxes and License Fees as are prescribed✓ by Ordinance. There are no other duties prescribed by Ordinance at this time. On May 12, 1952, the City Council designated you as Deputy Tax Collector, in order that a salary could be paid you In lieu of a salary as Treasurer.' Norman H. Miller Mayor A letter from Councilman Smith suggesting that the Letter from C. Smith City Treasurer be made head of the Financial Department of the re: Treasurer's pos. C ity also was read. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the letter was ordered filed, and on motion of Councilman Finch, seconded by Councilman Isbell and carried, the memorandum was ordered spread upon the minutes. LICENSES ' The application of John W. Blackman for a license to Blackman, John W. operate a service station at 300 Coast Highway, Corona del Mar, service sta. CDM subject to Fire Department approval, was granted on motion of Granted sub. F. Dept. Councilman Isbell, seconded by Councilman Finch and carried. The application of Jeannine M. Kent for an exempt lic- Kent, Jeannine M. ense to sell Avon products house to house, in interstate commerce, Ex. Lie. Avon prod. was referred to the City Attorney on motion of Councilman Isbell, to C. Atty seconded by Councilman Bennett and carried. The application of Parker Scott for an exempt license Scott, Parker to solicit funds for Community Mission and sell copies of songs Ex. lie. Comm. Missior written by himself was referred to the City Attorney on motion to C. Atty of Councilman Isbell, seconded. by Councilman Finch and carried. The application of John H. Hayes for an exempt license Hayes, John H. as a disabled veteran to peddle fruit house to house was referred Ex. Lie. Peddle fruit to the City Attorney on motion of Councilman Isbell, seconded by to C. Atty Councilman Bennett and carried. UNFINISHED BUSINESS 0 1 1 • The Mayor announced that this was the time and place set for the continued hearing on the proposed suspension of the license of Charlemagne °s Nut House in Balboa. The Mayor declared the hearing open and Jim Hutton spoke from the floor, after being duly sworn, stating that the establishment had not violated any of the rules and regulations imposed by the city. On motion.of Councilman Isbell, seconded by Councilman Finch and carried, after the hearing had been declared closed, suspension of thelicense was taken under consideration. NEW BUSINESS Resolution No. 4013, being a resolution accepting a deed from Floyd F. Hahn and Vera H. Hahn covering certain property in Lot 1, Block D, Seashore Colony Tract, was presented and on motion of Councilman Finch, seconded by Councilman Isbell, and carried, action on the resolution was tabled pending vacation by the city of adjoining props'ty. Charlemagne's Nut House hearing. Hutton present. Taken under consid- eration. Res. 4013 accepting Hahn deed. Action tabled. Resolution No. 4014, being a resolution approving a map Res. 4013 approving showing a portion of the street designated as the Ocean Front be- map, vacation Co. Frt. tween Cedar and Walnut Street, proposed to be vacated, was adopted on motion of Councilman Isbell, seconded by Councilman Finch, and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller Res. adopted. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smith Resolution No. 4015, being a resolution of intention to Res. 4015 setting close up, vacate, and abandon the above described property, set- hearing on above. ting a hearing date for the 8th day of December, 1952, in the Adopted Council Chambers, was adopted on motion of Councilman Finch, seconded by Councilman Isbell, and carried by the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smffith Volk, Ralph F. The application of Ralph F. and Nellie F. Volk for transfer pier transfer of pier permit No. A -398 covering pier and float at permit A -398 3803 Marcus Avenue, Newport, being Lot 2, Black 338, Canal Section, was granted on motion of Councilman Isbell, seconded by Councilman Bennett and carried. Noble Co. paving of The City Engineer reported that the R. J. Noble Company Corp. yard accepted. had completed paving of the city corporation yard in accordance with plans and specifications and recommended that the work be accepted. On motion of Councilman Finch, seconded by Councilman Isbell, and carried, the work was accepted.. Noble Company The City Engineer reported that the R. J. Noble Company resurfacing of CDM had completed the resurfacing of certain streets in Corona del streets accepted. Mar in accordance with plans and specifications and recommended that the work be accepted. On motion of Councilman Finch, seconded by Councilman Isbell, and.carried, the work was accepted. James I. Gallacher The City Engineer reported that James I. Gallacher had completion of sewer completed the installation of sanitary main in Block 1, Tract 919, Tr. 919. in accordance with plans and specifications and recommended that Work accepted the work be accepted. On motion of Councilman Isbell, seconded proved. by Councilman Bennett, and carried, the work was accepted. Plann. Comm. The annual report of the Planning Commission of the annual report City of Newport Beach covering the period from July let, 1951 to accepted. June 30th, 1952, was accepted on motion of Councilman Isbell, seconded by Councilman Finch and carried. Bids opened for The City Clerk announced that this was the time and cement asbestos pipe. place set for the opening of bids for furnishing 300' lin. feet of 14" cement asbestos pipe and 600' lin. feet of 6" cement asbestos pipe. One bid was open and read, as follows: Johns - Manville Sales Corporation - - - $2,370.00 On motion of Councilman Finch, seconded by Councilman Johns - Manville bid Bennett, the bid of Johns- Manville Sales Corporation was accepted accepted. by the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smith New fire station. The City Engineer presented plans and specifications Plans & acs. for the proposed new fire station and on motion of Councilman approved Isbell, seconded by Councilman Finch, plans and specifications were.approved on the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smith advertise Clerk to advertise On motion of Councilman Finch, seconded by Councilman for bids se Isbell, and carried, the City Clerk was instructed to advertise for bids to be opened on December 8th, 1952. Const. bluff sewer The City Engineer presented plans and specifications CDM. Plans & spcs for the construction of the City's part of the Corona del Mar approved. bluff sewer system. On motion of Councilman Isbell, seconded by Councilman Finch and carried, plans and specifications were ap- proved. Clerk instructed to The City Clerk was instructed to call for bids to be call for bids Dec. 8th opened on December 8th, 1952, on motion of Councilman Isbell, seconded by Councilman Finch and carried. Smith, Robt. W. The application of Robert W. Smith for a permit to permit to install install a concrete slab sea wall on Lots 441 and 442, Tract 907, concrete slab seawall. Lido Isle, was granted on motion of Councilman Isbell,.seconded," by Councilman Finch and carried. A:dater, Karl R. The City Attorney recommended that an exempt license C. Atty. O.K.'d be granted to Karl G. Axtater for the sale of greeting cards exempt.lic. and magazine subscriptions. On motion of Councilman Finch, seconded by Councilman Bennett and carried,_the license was granted. C. Atty. statement The City Attorney stated that investigation had re- re: C. Clk's pco- vealed that the City Clerk has done everything under the law that sessory int. he was required to do and nothing that he is not required to do in the assessment of possessory interest, excep that inadvertently the City Clerk had failed to assess the Balboa Bay Club possessory interest for the 1951 -52 fiscal year, and that the City Clerk as City Assessor had been instructed to take the necessary steps to collect the tax on said possessory interest for said year. Committee named to A special committee comprising the Mayor, City Manager negotiate for water and City Engineer, was authorized to negotiate for the acquisition line. of the 21" water line owned by the Laguna Water District, for feeder line purposes, on motion of Councilman Finch, seconded by Councilman Bennett and carried. City's fleet lia- The City Manager reported that he had received three blity ins. bids for the city's fleet liability insurance, the low bid being that of McKay -Jay- and Renfro in the amount of $5,371.15. On McKay- Jay -Reffro motion of Councilman Isbell, seconded by Councilman Benrn tt, bid accepted acceptance of the bid was authorized by the following roll call vote, to -wit: LJ 1 0 J i- 0 n LJ r 1 1 0 1 17 u 169 AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smith The City Manager stated that he had received two bids Bid fbr Police Car for the replacement of a police car, that of the Miller Chevrolet to Theo. Robins Company being $1,100 and that of Theodore Robins being $1,099• On motion of Councilman Isbell, seconded by Councilman Bennett, purchase of a police car from Theo Robins was authorized by the following roll call vote, to -wit: AYES, COUNCILMEN: Finch, Isbell, Bennett, and Miller. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Smith The City Manager asked authority to call for informal bids for a street sweeper to be opened at 10:00 a.m. November 24th, 1952, and on motion of Councilman Isbell, seconded by Councilman Finch and carried, the authorization was granted. On motion of Councilman Isbell, seconded by Councilman Finch and carried, the meeting was adjourned, sine die. J City -Clerk mayor C. Mgr. given authorV to call tr bids on street sweeper. Adjournment