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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