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:
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