HomeMy WebLinkAboutCC MINUTES 1952 11 10 MINUTES OF AN ADJOURNED REGULAR MEET-
ING OF THE CITY COUNCIL OF TUSTIN,
CALIFORNIA, HELD ON MONDAY EVENING,
NOVEMBER 10, 1952, AT 7:35 P. M., AT
THE CITY HALL
COUNCILMEN PRESENT: Vincent L. Humeston, Wm. I. Miller, Frank
E. Bacon, Jr., William H. Gray and J. Roy
Teter.
COUNCILMEN ABSENT: None
CITY ATTORNEY: C. ARTHUR NISSON, JR., was present.
The meeting was called to order by Mayor Humeston at 7:35
Minutes of the previous meeting were read and approved.
The matter of incorrect numbering of certain properties
within the City was brought up by Mayor Humeston. City
Engineer McBride agreed to correct same.
City Attorney Nisson read a statement relative to the pos-
sibility of an appeal from a decision of the Superior
Court in regard to a Writ of Mandamus filed by Quincy L.
Hardy to compel the City to hold a recall election in the
matter of Councilman Gray and City Clerk Penington. At-
torney Frazer than addressred the Council urging that body
not to contest the Court's decision.
On motion of Councilman Miller, seconded by Councilman
Gray and carried, it was ordered that Attorney Nisson's
statement be received and filed.
Councilman Teter moved to appeal the decision of Superior
Court Judge Gardner. There was no second to this motion
and the appeal was denied.
GRAY RE- Councilman Gray read a prepared statement to the Council
SIGNS FROM which, included his resignation from that body, effective
COUNCIL immediately. His resignation was accepted on motion of
Counclilman Miller, seconded by Councilman Teter and car-
ried.
TETER RECALL Councilman Miller moved, seconded by Councilman Bacon and
VOTES it was duly carried to canvass the votes cast relative to
CANVASSED the Recall Election of Councilman J. Roy Teter. One Ab-
sentee Ballot was canvassed and added to the number of
votes cast as noted in Resolution No. 322.
City Attorney Nisson presented Resolution No. 322 en-
titled "A Resolution of the City Council of the City of
Tustin Declaring Results of the Special Municipal Recall
Election held on November 4, 1952, and it was read by
title only on motion of Councilman Bacon, seconded by
Councilman Teter and duly carried.
RESOLUTION On motion of Councilman Miller, seconded by Councilman
N0. 322 Bacon and carried, Resolution No. 322 was adopted.
ADOPTED
Mr. C. F. Chaney was present and protested what he
claimed is an error in the assessment of his property
including all except the East 61 feet of Lots 5 and 6,
Block 7, Tustin City Tract. After discussion Council-
man Miller moved that City Attorney Nisson check into
the matter within the next two weeks. Mr. Chaney to
provide the City Attorney with all the facts. Seconded
by Councilman Bacon the motion duly carried.
Councilman Bacon presented a report of Police Depart-
ment activities during the month of October, 19~2.
SPECIAL ELECTION City Attorney Nisson announced that December 16, 1952,
TO BE HELD ON will be the date for a Special Municipal Election to
DECEMBER 16 be held to elect a successor to Councilman J. Roy
Teter and to submit to the voters the Recall of City
Clerk Penington.
Attorney Nisson presented Resolution No. 323 entitled
"A Resolution of the City Council of the City of Tus-
tin Calling Special Municipal Elections for December
16, 1952, to Determine Whether or Not the Voters Will
Recall City Clerk Samuel C. Penington, and to Elect
One Councilman To Fill the Vacancy in the City Coun-
cil Created by the Recall of Councilman J. Roy Teter.
Consolidating Voting Precincts, and Designating Elec-
tion Officers for Said Election," which was read by
title only on motion of Councilman Miller, seconded
by Councilman Bacon and carried.
RESOLUTION NO. Resolution No. 323 was then adopted on motion of Coun-
323 ADOPTED cilman Miller, seconded by Councilman Bacon and car-
ried.
BILLS The following bills were presented, approved and or-
dered paid on motion of Councilman Miller, seconded
by Councilman Bacon and duly carried.
Roy G. Davis Co. $60.72
Division of Highways 58.44
Walt's Garage 21.00
Tustin Auto Parts .78
The Pep Boys 8.57
Seaside Oil Co. 62.40
Duane W. Wheeler & Co. 263.83
Collector Internal Revenue 243.59
The Tustin News 7.45 .
Stein's Office Supplies 83.76
Tustin Fire Dept. 18.00
Daniel's Mobil Service 6.80
Utilities, (Fire Hall & City Hall) 74.64
Deckert Surgical Co. 5.47
Orange County League of Cities 3.50
Von Wittenberg & Warner 90.00
Tustin Garage 152.45
J. L. McBride 143.70
George A. Broomell 114.00
William Henry Hall 5.00
TOTAL $1,431.60
City Engineer McBride was present and various matters
relating to City Streets and their improvement was
discussed.
Councilman Miller moved to accept the proposed settle-
ment as per the letter received by Attorney Nisson
from Dream Homes, Inc., H. L. Bryan, Jr., and Nell
McClintock, dated October 31, 1952, providing that all
orange trees within the street right-of-way be re-
moved, including all trees on the West side of Myrtle
Street, South side of Second Street and East and West
sides of Pasadena Street. Alll construction to be sub-
ject to the approval and inspection of City Engineer
McBride.
On motion of Councilman Miller, seconded by Council-
man Bacon and duly carried, it was agreed that the
curb lines on Second Street, between Myrtle and Pasa-
dena Streets, be 18 feet from the center of the street
and that the curb lines on Basadena Street be 20 feet
from center.
The meeting was adjourned on motion of Councilman
Miller, seconded by Councilman Bacon and duly carried.
Vincent L. Humeston
Mayor
S. C. Penington
City Clerk