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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: • 1 0 1 L 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* ®5 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. 206 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. • 1 1 0 1 • U ri • 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. 40 NM 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. 0 i E J • n 1 �J 0 0 E 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. ' 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. ' 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: ' 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 ��� city Cler • 1 0 • 1 0