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HomeMy WebLinkAbout10/10/1949 - Regular MeetingOctober 10th, 1949• The City Council of the City of Newport Beach met in regular session in the City Council Chambers at the City Hall at the hour of 7:30 o'clock P.M. The roll was called, the following councilmen answering pre- sent: Greeley, Robertson, Blue, Isbell and Drake. The Mayor asked if any of the Councilmen or anyone in the audience wished the minutes of the previous meeting, or any part there- of read; no one responded and the reading of the minutes was waived. On motion of Councilman Robertson, seconded by Councilman Greeley, the Demands, having been approved by the Finance Committee ' and signed by the Mayor and City Clerk, were approved and ordered filed by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None REPORTS CF STANDING COMMITTEES - None REPORTS OF SPECIAL COMMITTEES Dr. John N. Osburn, Chairman of the Health Committee, re- commended that whenever it becomes necessary to pump out a cesspool, the owner be required to make a connection with a city sewer if with- in two hundred feet of the same. On motion of Councilman Isbell, se- conded by Councilman Blue and carried, the letter was referred to the City Engineer. REPORTS OF HEADS OF DEPARTMENTS The monthly report of Receipts and Disbursements was pre- sented and ordered filed. The City Manager recommended that the responsibility for the collection of City Licenses and Sales Tax be transferred from the City Clerk to the City Auditor. He also recommended that the City Clerk be assigned the responsibility of assembling statistical information and preparing same for inclusion in periodic reports to the Taxpayers. No change in salaries was recommended. On motion of Councilman Robertson, seconded by Councilman Isbell, the_City Manager's recommendation was accepted. Mayor Drake stated that in his opinion the proposal constituted a glaring example of unnecessary expenditure of taxpayers' money, and that at this time no need existed for a publicity agent for the City. Councilman Robertson stated that the taxpayers were entitled to full and complete information concerning the operation of their City, free from political influence. The City Manager's recommendation was approved by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell NOES, COUNCILMEN: Drake ABSENT COUNCILMEN: None Health Committee report on cesspools. Public Relations Office established. ry The City Clerk presented the appointment of Mrs. Marjorie Crumley as Deputy City Clerk to replace Mrs. Thiele, at a salary of Mrs. Crumley appointed $157.00 per month, the appointment to be effective as of October 10th. Deputy City Clerk. On motion of Councilman Isbell, seconded by Councilman Blue, the appoint- ment of Mrs. Crumley was approved by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell NOES, COUNCILMEN: Drake ABSENT COUNCILMEN: None COMMUNICATIONS A letter from the American Legion expressing appreciation of the Council's help in the building of the new Legion but was read, and on motion of Councilman Isbell, seconded by Councilman Blue, was filed. A letter from the Disabled American Veterans, Jack Fisher Permission granted Chapter, requesting permission to conduct the annual sale of forget -me- DAV forget -Te -not nots in the city on November 10 11 and 12 was read, and on motion of sale. Councilman Isbell, seconded by 6ouncilman Greeley and carried, permission was granted. The application of Charles E. Lewis for a license to operate Application C.E.Lewis Dodd's Malt Shop at 211 Marine Avenue, Balboa Island, having been approved for Malt Shop granted by the Health Department, granted on motion of Councilman Greeley, second- ed by Councilman Robertson and carried. %19 4 Application R.S. Early The application of Roger J. Early for a license to operate Roger's Barbecue granted. Pit Barbecue at 2575 Coast Highway, Newport, was granted subject to appro- val of the Health Department on motion of Councilman Greeley, seconded by Councilman Robertson and carried. Application Newport The application of Theodore McElroy to operate a Newport Salvage Salvage Business and Marine Supply business at lots 14, 15, Block 230, Newport Beach, was granted. granted on motion of Councilman Isbell, seconded by Councilman Greeley and carried. M.J.Smith application The application of M. J. Smith for an exempt license to peddle for exempt license fertilizer in the City, accompanied by a letter from Dr. Gerald Rausa ' ref. to City Mgr. stating that the man was unable to perform manual labor, was referred to the City Manager on motion of Councilman Isbell, seconded by Council- man Greeley and carried. UNFINISHED BUSINESS Hearing re Lake Ave. The City Clerk reported that this was the time and place fixed Improvement for the hearing of protests or objections against the work or the district as described in Resolution of Intention No. 3726, in the matter of con- struction of certain street improvements in Lake Avenue and other streets. The City Clerk also reported that affidavits in support of the publication of the Resolution of Intension, the mailing of printed noti- ces of the adoption of said Resolution and of the posting of the notice of improvement as required by law had been made and are on file in the office of the City Clerk. The Mayor then announced that, pursuant to the provisions of Section 2885 of the Streets and Highways Code, the first order of the hearing would be the reading of a portion of the Investigation Report, filed May 23, 1949• Four protests. The Mayor then inquired of the or objections against the work or the di in said matter. The Clerk reported that filed with him prior to the time set for Florence Hansen and John C. Hansen Mrs. Matilda Griggs D. Y. Alderman A. W. Anderson Clerk if any written protests strict had been filed with him four written protests had been the hearing by the following: The Mayor then announced that this was the time and place set , for the hearing of protests or objections against the work or the as- sessment district, each as set forth in the Resolution of Intention hereinbefore mentioned, and asked if anyone present desired to be heard in said matter. All protests were referred to the Engineer for checking and report as to the percentage of the area represented thereby. The Engineer reported that the protests represented approximate- ly 2:46% of the total area of the assessment district. All protestants having been heard and an opportunity having been given to all persons desiring to be heard, and a full, fair and impartial hearing having been granted, and the City Council having before them a diagram of the assessment district and being familiar with the assessment district and'also having considered all protests filed, and having con- sidered the matter as to the area of property represented by said Pro- testants, Councilman Robertson presented the following resolution and moved all its adoptions: WHEREAS, der.tain protests having been filed by D. V. Alderman and others, protesting against the doing of the work and improvement described in Resolution of Intention No. 3726 or against the assessment district; and ' WHEREAS, the City Council has carefully considered all protests or objections and having considered the area of the district represented by said protests; Protests denied and NOW, THEREFORE, BE IT RESOLVED by this City Council that it does Res. No.3733 ordering hereby find and determine that the said protests or objections have been work adopted. made by the owners of less than one -half of the area of the property to be assessed for said work and improvement, as set forth in said Resolution of I Intention No. 3726; and BE IT FURTHER RESOLVED, that each and all of the said protests or objections be, and the same are, hereby overruled and denied. The motion was seconded by Councilman Blue, and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None i 095 Councilman Robertson then offered and moved the adoption Res. No. 3733 of Resolution Ordering'Work No. 3733 in the matter of construction of certain street improvements in Lake Avenue and other streets in the City of Newport Beach, which motion was seconded by Councilman Blue, and upon roll call was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None A communication was read from Don S. Mozley, Orange County Tax Orange Co. Tax Collector, stating that that office was intending to sell at public auction Col. Notice of tax deeded property within the City of Newport Beach, known as: lot auction tabled. Lot 20, Block 738, Corona del Mar Lot 14, Block 34, Newport Beach Tract On motion of Councilman Isbell, seconded by Councilman Greeley, the letter was tabled pending investigation of the property. Councilman Isbell then offered and moved the adoption of Resolu- Res. No. 3734. tion No. 3734, which resolution determines the prevailing rate of wage for Prevailing wage construction of certain street improvements in Lake Avenue and other streets ratos adopted. in the City of Newport Beach and calls for bids for said improvements on November 14th, which motion was seconded by Councilman Robertson and carried by the following vote, to -wit: The notice also cited an excess in the total sulphides contained in the sew- AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake erage' The notice further stated that a regular charge of $3,815 per million NOES, COUNCILMEN: None gallons, or part thereof, in excess of the amount permitted in the contract, ABSENT COUNCILMEN: None ' A bid was received from Joe Livernash, through W. S. Foote, Real- Livernash bid ac- cedure for the control of sulphides. tor, for lots 5,6,9,10,12 and 14, Block 160, River Section, in the amount of cepted, lots 5,6, Also presented was a copy of Resolution No. 3949 of the City of $1,200.00. On motion of Councilman Isbell, seconded by Councilman Blue, the 10,12,14, B1.160 Santa Ana, under date of October 3, 1949, authorizing termination of the offer of Joe Livernash was accepted.by the following vote, to -wit: River Section contract permitting Newport Beach to use the submarine tube extending into AYES, COUNCILMEN: Greeley, Robertson, Blue, and Isbell Res. No. 3738 the Pacific Ocean. NOES, COUNCILMEN: Drake On motion of Councilman Isbell, seconded by Councilman Greeley ABSENT COUNCILMEN: None A communication was read from Don S. Mozley, Orange County Tax Orange Co. Tax Collector, stating that that office was intending to sell at public auction Col. Notice of tax deeded property within the City of Newport Beach, known as: lot auction tabled. Lot 20, Block 738, Corona del Mar Lot 14, Block 34, Newport Beach Tract On motion of Councilman Isbell, seconded by Councilman Greeley, the letter was tabled pending investigation of the property. A petition bearing twenty -nine signatures asking that the incin- Petition against erator being operated by the Ward - Harrington Lumber Company at 518 Coast Ward - Harrington Hiway, be declared a public nuisance and its removal ordered. On motion incinerator of Councilman Robertson, seconded by Councilman Greeley and carried, the petition was referred to the City Manager for a report. A petition was presented bearing six signatures of property Dedication of street owners between 47th and 56th Street, and accompanied by a letter from Mr. from 47th to 56th St. Robert C. Barnhizer, requesting the City to accept and dedicate for use requested. as a street, the forty foot strip of property marked on a map attached. The City Engineer stated that it was dubious as to whether this could be done as this strip of property has been originally designated as a water- way. On motion of Councilman Isbell, seconded by Councilman Blue and car- ried, the petition was referred to the City Engineer. A petition bearing five signatures of property owners between Easement from 47th 47th Street and 49th Street opposing any easement, right of way, alley or to 49th St. opposed street to be built or held for future use in that area was read. On motion of Councilman Isbell, seconded by Councilman Robertson and carried, the petition was referred to the City Engineer. The request of Trautwein Brothers for an extension of time to complete the Balboa Island Sewer Pumping Plants until December 4, 19490 was granted on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell d' Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Extension granted Trautwein Bros. on B.I. Pumping plants A notice from Erma Keeler, Clerk of the City of Santa Ana, to the Notice of excess City of Newport Beach, citing an excess of sewerage conveyed through the sub- outfall sewerage marine tube ending in the floor of the Pacific Ocean, under an agreement entered into the 5th day of October, 1936, with the Cities of Santa Ana, received. Anaheim, Fullerton, Orange and La Habra and the Placentia Sanitary District, Buena Park Sanitary District and Garden Grove Sanitary District, was presented. The notice also cited an excess in the total sulphides contained in the sew- erage' The notice further stated that a regular charge of $3,815 per million gallons, or part thereof, in excess of the amount permitted in the contract, would be imposed for 1949 -1950, and the City was directed to institute pro- cedure for the control of sulphides. Also presented was a copy of Resolution No. 3949 of the City of Notice of term - Santa Ana, under date of October 3, 1949, authorizing termination of the inating outfall contract permitting Newport Beach to use the submarine tube extending into contract rec. the Pacific Ocean. On motion of Councilman Isbell, seconded by Councilman Greeley Notice ref. to and carried, both the notice and. the Resolution were referred to the City City Engineer Engineer for study and a report back to the Council. A petition bearing twenty -nine signatures asking that the incin- Petition against erator being operated by the Ward - Harrington Lumber Company at 518 Coast Ward - Harrington Hiway, be declared a public nuisance and its removal ordered. On motion incinerator of Councilman Robertson, seconded by Councilman Greeley and carried, the petition was referred to the City Manager for a report. A petition was presented bearing six signatures of property Dedication of street owners between 47th and 56th Street, and accompanied by a letter from Mr. from 47th to 56th St. Robert C. Barnhizer, requesting the City to accept and dedicate for use requested. as a street, the forty foot strip of property marked on a map attached. The City Engineer stated that it was dubious as to whether this could be done as this strip of property has been originally designated as a water- way. On motion of Councilman Isbell, seconded by Councilman Blue and car- ried, the petition was referred to the City Engineer. A petition bearing five signatures of property owners between Easement from 47th 47th Street and 49th Street opposing any easement, right of way, alley or to 49th St. opposed street to be built or held for future use in that area was read. On motion of Councilman Isbell, seconded by Councilman Robertson and carried, the petition was referred to the City Engineer. The request of Trautwein Brothers for an extension of time to complete the Balboa Island Sewer Pumping Plants until December 4, 19490 was granted on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell d' Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Extension granted Trautwein Bros. on B.I. Pumping plants 2_96 Settlement of acct. A communication from the Newport Dredging Co. was read in which they Newpt. Dredging Co. suggested that settlement of the balance due on the purchase of the Dredge amount- ing to $5,128.20 be applied against the $4,500.00 balance due for the bulkhead improvement on 31st Street, and the remainder of x$628.20 to be repaid by dredg- ing as may be required and ordered by the City Engineer. The City Attorney stated that this plan would not be possible due to the previous agreements entered into on May 5, 1949 and July 27, 1949- Councilman Robertson moved that the Newport Dredging Co. pay the $5,128.20 due the City, and that the City pay the $4,500.00 to the Newport Dredging Co. due on the bulkhead at 31st Street, pursuant to previous action of the Council. The motion was se- conded by Councilman Greeley and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell & Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Request for closing The request of the Newport Dredging Co. for the closing of 28th 28th St. referred to Street from the point where it crosses 31st Street next to the Dredging Com- City Engineer pany's property to the water front edge of The Rhine, and the further request that one -half portion west of the center line be deeded to the Newport Dredg- ing Co. as compensation and in full payment of the Dredging Company's deeding to the City of Newport Beach 50 feet of waterfront adjacent to the Rhine, was presented, and on motion of Councilman Isbell, seconded by Councilman Blue, the request was referred to the City Engineer with instructions to contact Earl Stanley and John Curel and ascertain their attitude with regard to the proposed closure. Drake Q� Greeley The letter of Joel E. Ogle, County Counsel, re the appointment of Appointed to San. two councilmen to serve as directors of Sanitation District No. of Orange District 5. County, as required under Section 4730 of the Health and Safety Bode as amended bid for legal adv. October 1, 1949, was read, and on motion of Councilman Blue, seconded by Coun- Res. No. 3743 cilman Robertson, Mayor Drake and Councilman Greeley were appointed to the publisher of the Newport- Balboa Press, which had been received and tabled at Board by the following vote, to -wit: ject to the City Attorney's AYES, COUNCILMEN: Greeley, Robertson, Blue and Isbell motion of Councilman Isbell, NOES, COUNCILMEN: Drake type set on a 9 point slug for the current fiscal year, 1949-1950- On motion ABSENT COUNCILMEN: None Drake appointed to The letter of Mr. Ogle re the appointment of one councilman to Sanit. Dist, 06 serve on the Board of Orange County Sanitation District No. 6, as required by and the Mayor and City Clerk authorized to execute the contract, by Resolution amended Section No. 4730 of the Health and Safety Code was read, and on motion Res. 44 37 of Councilman Isbell, seconded by Councilman Robertson, Mayor Drake was ap- pointed to this board by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake AYES, COUNCILMEN: Greeley, Robertson, Blue and Isbell , NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Drake not voting. Councilman Robertson praised the work of the Mayor on these Boards, and stated that in his opinion the City Council and the residents of the City of Newport Beach should stand solidly behind the Mayor. Res. No. 3737. The City Clerk announced that this was the time and place for the Peter Burroughs, H.H.Benjamin and J.E. Ragsdale to Newp.- Balboa Press opening of bids for the publication of the City's legal advertising. No addition - bulkhead line of Lots bid for legal adv. al bid having been received, the City Clerk presented the bid of Ben Reddick,- Eastside Addition to Balboa, accepted publisher of the Newport- Balboa Press, which had been received and tabled at B1,15,E.Balboa ject to the City Attorney's the previous meeting. This bid offered the rate of $1.00 er inch for 8 point motion of Councilman Isbell, type set on a 9 point slug for the current fiscal year, 1949-1950- On motion of Councilman Greeley, seconded by Councilman Robertson, the bid was accepted and the Mayor and City Clerk authorized to execute the contract, by Resolution No. 3737, which was adopted by the following roll call vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ' Application of The application of John Porter to construct a sea wall at Lot 16, J.Porter for sea- Trgct 802, Harbor Island, having been approved by the Harbor Committee, was wall, L.16, Tr.802 presented by the City Engineer, and on motion of Councilman Blue, seconded by Coun -.. Granted. oilman Greeley and carried, the application was granted. Application for The application of Peter Burroughs, H.H.Benjamin and J.E. Ragsdale to sea wall tabled. construct a sea wall on the bulkhead line of Lots 10,11,12, and 13, Block 15, Lots 10,11912,13, Eastside Addition to Balboa, having been approved by the Harbor Committee sub - B1,15,E.Balboa ject to the City Attorney's ruling, was tabled on motion of Councilman Isbell, seconded by Councilman Robertson and carried. Transfer of pier The request of Carl H. Anderson for transfer of Pier Permit No.A -355, permit, Anderson to dated September 11, 1947, to Mrs. Ethel M. Coplen, 1622 North Harvard, Los An- Coplen, approved geles, was presented by the City Engineer, and on motion of Councilman Isbell, seconded by Councilman Blue and carried, the transfer was approved. L Ordinance No. 609, being ORDINANCE N0.609 Rules of Sales & AN ORDINANCE AMENDING SECTION 6406 OF THE MUNICIPAL CODE OF THE CITY OF Use Tax Adopted. NEWPORT BEACH, AND MAKING THE RULES AND REGULATIONS OF THE STATE BOARD OF EQUALIZATION PERTAINING TO SALES AND USE TAX AND EFFECTIVE OCTOBER 1, 1949, APPLICABLE TO CITY SALES AND USE TAX was presented, and on motion of Councilman Isbell,.seconded by Councilman Greeley and carried, the reading of the ordinance was waived. Ordinance No. 609 was adopted on motion of Councilman Isbell, seconded by Councilman Blue and carried by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell & Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Resolution No. 3735, being a resolution fixing the salaries of all RESOLUTION NO-37 5 City employees and fixing salary ranges, was adopted on motion of Councilman Fixing employees Robertson, seconded by Councilman Greeley and carried by the following vote., salaries adopted. to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor Drake stated that the salary increases were possible because of the money obtained through sales tax. Councilman Robertson moved the adoption of Resolution No. 3736, being RESOLUTION NO.5736 a resolution inviting bids and approving spedifications for the lease pur- re bids for fire chase of fire equipment. The.motion was seconded by Councilman Greeley, and equipment adopted November 14th named as the date for receiving the bids. Resolution No. 3736 was adopted by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mr. Cottle spoke from the floor asking if it would be possible for the employees present to see the Salary Resolution No. 3735, and Mayor Drake stated that a copy would be given to Mr. Brown, Chairman of the Employees' Association. ADJOURNMENT. On motion of Councilman Blue, seconded by Councilman Isbell and carried, the meeting was adjourned SINE Die. . ATTEST: K�� e City of Newpo r