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HomeMy WebLinkAbout11/26/1956 - Regular Meeting1 The City Manager requested the City Council to confirm the appoint- ment of Colonel Clyde D. Keith as Assistant Director of Civil Defense and Disaster for the City of Newport Beach, effective November 14, 1956. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said appointment was confirmed. The City Council expressed appreciation for Colonel Keith's willingness to serve in this capacity. The City Manager presented request for Fund Transfer No. 56, of the Department of Public Works, in the amount of $2,500, from Water Fund Unappropriated Balance to Purchase and Treatment of Water - Material and Supplies. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said fund transfer was authorized. The City Manager was authorized as set forth in the budget, on motion Councilman Hart and carried. Colonel Cede D. Keith aDrointed as Assistant Director of Civil Defense and Disaster. Fund Transfer No. 56_ to advertise for automotive unit bids,City Manager to of Councilman MacKay, seconded by advertise for auto- motive unit bids. The City Attorney presented the Notice of Hearing, to be held November 26, 1956, in San Francisco, before the Public Utilities Commission of the State of California, in connection with the application of the Western Union Telegraph Company for an order authorizing it to increase and revise rates and regulations. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, said Notice was received and ordered filed. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the meeting was adjourned sine die. ATTEST- Mayor City Ti e k November 26, 1956 The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7 :30 P.M. The roll was called, the following members being present- Council- men Hart, Stoddard, Higbie, Ridderhof, and Hill; Councilmen Wilder and MacKay being absent. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the reading of the minutes of November 13, 1956, was waived, and they were approved as written and ordered filed. Mayor Hill opened the meeting for the continued discussion by the Councilmen of protests which were presented at the regular Council meeting of November 13, 1956, in regard to the 31st Street (West Newport) Assessment District. After discussion, on motion of Council- man Higbie, seconded by Councilman Hart and carried, protests and objections to the assessment were overruled. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, Resolution No. 4563, being a resolution ordering changes and modifications in the assessment for the improvement of 31st Street and other streets and rights of way, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN- Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN- None ABSENT, COUNCILMEN- Wilder, MacKay Notice of Hearing re Western Union Telegraph Company. Adjournment. Regular session. Roll call. Approval of minutes._ Re 1st Street Assessment District. ysc3 Attorney William Mackenzie Brown requested, and was granted, an Continuation of 31st opportunity to make the corrections ordered in Resolution No. 4563, on Street Assessment the assessment roll, and to present the assessment later in the meeting for approval. The City Manager welcomed the students in the audience. The Mayor announced that this was the time and place . Bids for light stand - for the opening of bids for the furnishing of light standards, luminaires ards, etc. and ballasts at various locations in Newport Beach. The Clerk announced that one bid had been received, which was then publicly opened, examined, and declared from the following bidder- Pacific Union Metal Company $2,352.14 The Director of Public Uorks recommended the awarding of the contract to said bidder. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, said recommendation was accepted by the following roll call vote, to wit- AYES, COUNCILMENs Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay [one bidder. Contract awarded. Bids for furnishing The Mayor announced that this was the time and place for the opening cast iron water of bids for the furnishing of cast iron water pipe for the underbay water then ment. main. The Clerk announced that two bids had been received, which were pipe. publicly opened, examined and declared from the following bidders, American Cast Iron Pipe Company $259133.88 United States Pipe & Foundry Company 31,135.20 ' Bids referred to Each bid was accompanied by a letter, being a portion of the proposal. Director of Public The City Manager requested that the bids be referred to the Director of Public Works and City Works and to the City Manager for recommendation at the next regular Council Manager. meeting. On motion of Councilman Stoddard, seconded by Councilman Ridderhof Grettenberg for and carried, said recommendation was accepted. permit to operate COMMUNICATIONS Re Use Permit No. The Clerk announced that 208 letters and cards had been received pro - system. testing the issuance of Use Permit No. 276 by the Planning Commission, for the sale of alcoholic beverages at 226 Marine Avenue, Balboa Island, and appealing from said decision. On motion of Councilman Higbie; seconded by City of Fontana Councilman Stoddard and carried, the matter was set for public hearing on reouesting any December 109 1956, and the Clerk was ordered to post and publish notice funds available. thereof; the aforementioned letters and cards were ordered filed, to be reviewed at the time of said hearing. Mrs. Nelda Gibson spoke from the Re Federal funds audience in regard to this matter. The City Attorney stated that the for the City. Department of Alcoholic Beverage Control in Long Beach had not as yet set for hearing the matter of the issuance of a license for the sale of alcoholic beverages at 226 Marine Avenue. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the Mayor was instructed to write the proper authorities of the Alcoholic Beverage Control in Long Beach to request that the hearing in this matter be held in the City of Newport Beach. Re Tract No. 3068. The Clerk presented a letter from the Health Department of the County Soil borings,_ of Orange, regarding Tract No. 3068, stating that soil borings have been , 1 roclaimed reviewed showing that sufficient percolative materials to permit the use of private sewage disposal systems have been found on Lots 28 and 46, and that a boring of Lot 7 showed no adequate percolative materials; further stating Al. Bev. License, that the Health Department will approve the temporary use of private sewage Kerm W. Rima. disposal systems where soil borings made in advance of any other construction show the presence of adequate percolative materials. On motion of Councilman Hart, seconded by Councilman Higbie and carried, said letter was ordered filed, and the Clerk was directed to furnish a copy of the letter to the Building Department. R -45734 Confirming Attorney William Mackenzie Brown returned to the meeting at this time, alst Street assess- and stated that the modifications in the assessment had been made. On motion ment. of Councilman Ridderhof, seconded by Councilman Higbie and carried, Resolution No. 4573, being a resolution confirming the assessment in the matter of the improvement of 31st Street and other streets and rights of way in the City of Newport Beach, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN*. Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay Request of Dal The Clerk presented the request of Dal Grettenberg for a permit to Grettenberg for operate a public address system at 610 Edgewater, Balboa. On motion of permit to operate Councilman Ridderhof, seconded by Councilman Higbie and carried, permission public address to operate a public address system, between the hours of 10:30 A.M. and 10200 system. P.M., was granted to said applicant, effective immediately, to and including ' May 319 1957. The City Clerk was instructed to prepare a permit form, on a uniform basis, for all public address operations. City of Fontana The request of the City of Fontana for any Chapter 20 or Chapter 47 funds reouesting any of the City of Newport Beach which it does not need, was presented, and on funds available. motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, said matter was referred to the City Manager for reply. Re Federal funds The Clerk presented a letter from the Regional Water Pollution Control for the City. Board No. 8, regarding the appropriation of $50 million per year, under new Federal Water Pollution Control Act, for grants to municipalities and inter - municipal agencies for construction or remodeling of sewage treatment works, further stating -that requests for funds must be filed by December 15, 1956. The Director of Public Works stated that an investigation had revealed that the City of Newport Beach would not be eligible to receive Federal funds at this time. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said letter was ordered filed. December 9 - 15, The request of Conchita Parlor No. 294, Native Daughters of the Golden 1 roclaimed West, that December 9 through 15, 1956, be proclaimed Bill of Rights Weeks, was presented. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the Mayor was instructed to make the proclamation requested. Al. Bev. License, A copy of Application for Transfer of Alcoholic Beverage License, person Kerm W. Rima. to person, on -sale beer, Kerm W. Rima, Bayshore Hardware & Tackle, 104 West Coast Highway, having been approved by the Police Department and the City Attorney's office, was presented, and on motion of Councilman Ridderhof; ' seconded by Councilman Hart and carried, ordered filed. The Clerk presented copies of Applications for Alcoholic Beverage Al. Bev. Licenses: License, on -sale general, Balboa Inn, 107 Main Street, Balboa; on -sale al oa Inn - Norm ° - beery Norm's Cafe, 611 - 31st Street, both applications having been Cafe. approved by the Police Department and the City Attorney's office. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said applications were ordered filed. The Clerk presented a copy of the Application for Transfer of Al. Bev, License, Alcoholic Beverage License, person to person transfer, on -sale Drift Room. general, Leonard L. Newton, David C. Montgomery, for Drift Room, 3344 East Coast Highway, Corona del Mar. The Clerk read the report of the Chief of Police recommending approval of said application, and the report of the City Attorney stating that "this office has no objection to the transfer of the above liquor license, however, this property lies within 200 feet of a residential district and as such would be required to have a Use Permit from the Planning Commission. The records indicate that the former owner did not apply for a Use Permit from the Commission and the applicant should so be advised." On motion of Councilman Stoddard, seconded by Councilman Hart and carried, this matter was referred to the City Manager and the City Attorney for investigation and report back at the next Council meeting. LICENSES The Clerk presented the .Application for License of Glenn E. Wurr, L & W Catering. for L & W Catering Service (lunch wagon), 1CO52 Larsen Avenue, Garden Glenn E. Wurr, Grove, for three portable food stands or street kitchens to be used lunch wagon only at Tract No. 3004 and Tract No. 3057 during construction work by South Coast Construction Company; Building, Fire, and Health Department approvals having been obtained. A letter from the South Coast Construction Company, substantiating the request, was also presented. Said application was approved, on motion of Councilman Ridderhof, seconded by Councilman Hart and carried, as set forth and conditioned. The Clerk presented the Application for Exempt License, for EExxemm t License. charitable purpose, of Epsilon Sigma Alpha Sorority for the � s�_i_lon_Sfgma Alpha privilege of selling Christmas fruit cakes for Scout Jamboree pro- Sorority. ject, and.a letter substantiating the application, further requesting the privilege of selling tickets for dinner dancing and quarter horse racing which is to be held at the Los Alamitos Turf Club, the proceeds to be donated to Cystic Fibrosis Foundation. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, said application was approved. Councilman Stoddard inquired as to whether or not all other-charitable organizations request exempt licenses, such as United Fund. The City Attorney stated that all organizations should apply. Councilman Hart stated that he was concerned by the fact that we have just had a United Fund drive, wherein citizens were told that one drive would be made each year for contributions to charities. He hoped that we would not be trespassing on the desired effect of a United Fund drive. ADDITIONAL BUSINESS The Clerk presented the Oath of Office of Richard D. Othmer as Oaths of Office: Regular Police Officer (Lifeguard Lieutenant), and the Oath of R. D. Othmer and Office of Roderick H. Freemen as Regular Police Officer (Lifeguard R. H. Freeman. Lieutenant). On motion of Councilman Stoddard, seconded by Council- man Hart and carried, said Oaths of Office were approved. The request from Orangeco Development Company for water connection at a location previously served with water by the City under agreement with Hedges Oil Company, was presented. Councilman Ridderhof stated that since the request was for a small amount of water and that the contract would provide a thirty day cancellation provision, he was in favor of granting this request and made a motion to this effect. There was no second to the motion. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the request of Orangeco Development Company was denied, with Councilman Ridderhof voting no. Resolution No. 4570, acknowledging the receipt of a copy of Notice of Intention to Circulate Petition for the annexation of territory designated as "Superior Avenue Annex," and an Affidavit of Publication thereof, and approving the circulation of the petition, was presented. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, Resolution No. 4570 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay Request of Orangeco for water connection. R -4570 adopted re "Superior Avenue Annex." At the request of the City Manager, and on motion of Councilman Re plantings around Hart, seconded by Councilman Ridderhof and carried, the proposal from Balboa Pier and CDM the Parks, Beaches and Recreation Commission for plantings around the restrooms. new Balboa Pier restrooms and the Corona del Mar restrooms, was con- tinued for discussion at the next Council meeting, when the plans would be more complete. The City Manager presented Resolution No. 45749 being a A74, auth. Dir. resolution authorizing the Director of Civil Defense and Disaster as of Civil Defense to a representative of the City, to sign for and accept surplus Federal aSgep'G surplus Fed - property in accordance with the conditions imposed by the Federal eral property. Results of traffic The City Manager stated that he had had a meeting with Mr. Roy investigation in the Andersen, Mrs. Earl A. Lewis, and the Traffic Committee, in connection with vicinity of the Newport the request by the Newport Beach Elementary School District for consideration Beach Elementary School of the traffic problems in the vicinity of the Newport Heights school. The City Manager stated that since said meeting, the following changes in traffic markings in the vicinity of the Newport Heights school grounds had been installed: 1. The pavement has been stenciled at Santa Ana and Clay, and the intersection made a 4 -way STOP. 2. Two pedestrian crossings at Clay and Redlands have been marked. 3. An additional school sign 200 feet west of present sign on south side of 15th Street, west of Santa Ana Avenue has been set up. 4. "City type" school crossing sign for crossing at Redlands and 15th Street has been installed. 5. Curb painted red, one car length on approaching side of all pedestrian and school crossings inside the City limits. In connection with the traffic safety problem, the following people spoke from the audience: Mr. Roy Andersen, Mrs. Earl A. Lewis, Mr. Milo Lacy, Mr. Arthur Kramer, and two persons who did not identify themselves. After discussion, on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the City Manager was instructed to employ a school crossing guard at 15th and Redlands, and to prepare a schedule of school crossings where it is necessary to have crossing guards. Mrs. Lewis was asked to ascertain as accurately as possible, whether the parents in the vicinity of the Newport Heights school would be willing to have an assess- ment district established for the installation of sidewalks in that area. Mr. Andersen stated that the School District could be authorized to install sidewalks immediately in front and at the side of the school property. This matter was left for further discussion at a later date. Ordinance No, 805. Ordinance No. 805, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9106.33 and 9106.34 OF CHAPTER VI OF ARTICLE IX OF THE MUNICIPAL CODE OF NEWPORT BEACH 1 Government of the 84th Congress. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, Resolution No. 4574 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay Cor oration rant Deed The Corporation Grant Deed, and Resolution No. 4571, authorizing and R- 71 re easement the execution thereof, conveying to the Helipot Corporation an easement, to Helipot Corporation. 20 feet in width over a portion of Block 2, Lot 169, Irvine's Subdivision, for the purpose of erecting pipe line for storm water and sewage, were presented, and Resolution No. 4571 was adopted, on motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay R -4572 re contract The Clerk presented Resolution No. 4572, authorizing the execution of with Helipot Corp. a contract whereby Helipot Corporation may purchase water from the City for for purchase of industrial and domestic purposes. On motion of Councilman Ridderhof, water. seconded by Councilman Stoddard and carried, Resolution No. 4572 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay R -4575 re furhishing The Clerk presented Resolution No. 4575, whereby the City agrees to water to Helipot Corp, furnish water for emergency fire protection for Helipot Corporation. On for emergency fire motion of Councilman Ridderhof, seconded by Councilman Hart and carried, protection. Resolution No. 4575 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay Letter from Helipot In connection with the execution of Resolutions No. 4572 and No. 4575, CorD, offering their the City Manager read a letter from Mr. D. C. Duncan, Vice President and plant as an en emergcy General Manager of Helipot Corporation, regarding the willingness of shelter, Helipot Corporation to make available to the citizens of adjacent communities, the facilities of the Helipot plant as an emergency shelter in the event of local disaster. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Manager was instructed to reply to the letter of Helipot Corporation, expressing the appreciation of the Council, and said letter was ordered filed. Results of traffic The City Manager stated that he had had a meeting with Mr. Roy investigation in the Andersen, Mrs. Earl A. Lewis, and the Traffic Committee, in connection with vicinity of the Newport the request by the Newport Beach Elementary School District for consideration Beach Elementary School of the traffic problems in the vicinity of the Newport Heights school. The City Manager stated that since said meeting, the following changes in traffic markings in the vicinity of the Newport Heights school grounds had been installed: 1. The pavement has been stenciled at Santa Ana and Clay, and the intersection made a 4 -way STOP. 2. Two pedestrian crossings at Clay and Redlands have been marked. 3. An additional school sign 200 feet west of present sign on south side of 15th Street, west of Santa Ana Avenue has been set up. 4. "City type" school crossing sign for crossing at Redlands and 15th Street has been installed. 5. Curb painted red, one car length on approaching side of all pedestrian and school crossings inside the City limits. In connection with the traffic safety problem, the following people spoke from the audience: Mr. Roy Andersen, Mrs. Earl A. Lewis, Mr. Milo Lacy, Mr. Arthur Kramer, and two persons who did not identify themselves. After discussion, on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the City Manager was instructed to employ a school crossing guard at 15th and Redlands, and to prepare a schedule of school crossings where it is necessary to have crossing guards. Mrs. Lewis was asked to ascertain as accurately as possible, whether the parents in the vicinity of the Newport Heights school would be willing to have an assess- ment district established for the installation of sidewalks in that area. Mr. Andersen stated that the School District could be authorized to install sidewalks immediately in front and at the side of the school property. This matter was left for further discussion at a later date. Ordinance No, 805. Ordinance No. 805, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9106.33 and 9106.34 OF CHAPTER VI OF ARTICLE IX OF THE MUNICIPAL CODE OF NEWPORT BEACH 1 giving the Planning Commission final action on variances unless appealed, was presented. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the first reading of said ordinance was waived. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Ordinance No. 805 was passed to second reading, and set for public hearing on December 10, 1956, by the following roll call vote, to wit: - AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay Resolution No. 4576, amending Resolution No. 4398, as to the term of appointment of the members of the Technical Oil Advisory Committee, to terminate on June 30 of each year, except for the present term, which will end on June 30, 1958, was presented. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Resolution No. 4576 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder, MacKay The Clerk presented a letter from the Public Works Director stating that his office has been requested to transfer a pier permit to the name of Charles Von Der Ahe at the location adjacent to 1240 West Bay, Lot 1, Block 3, Tract No. 626; and further stating that according to the records, no permit was ever issued for a pier at said location, although a pier exists. The Director of Public Works recommended that a pier permit be issued in the name of Charles Von Der Ahe. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the recommendation of the Public Works Director was approved. ZONING si Mayor Hill opened the meeting for public hearing in connection with the appeal from an adverse decision of the Planning Commission, regarding the ;Application for Use Permit No. 267,.Leroy Fay, 213 Carnation, Corona del Mar, to permit the construction of an addition of one unit in the basement area of an existing 3 -unit dwelling; portion of Block D, Zone R -3, Corona del Mar. The Clerk announced that letters had been received requesting that the Council uphold the decision of the Planning Commission, and deny the request of Leroy Fay, from the following people: Mrs. Gladys L. Pate, 301 Carnation; Mrs. Marguerite R. Griesser, 214 Carnation; Cecil S. Glinn, 2508 Ocean Boulevard; R. F. Mather, Jr., 2511 Seaview Avenue; and A. L. Burdick, 219 Carnation. A discussion was had, Mr. Fay spoke from the audience and requested that the hearing be continued to the next Council meeting. Mayor Hill asked if anyone in the audience wished to be heard at this time in regard to this matter. Mr. R. F. Mather, Jr., spoke from the audience, opposing the issuance of the Use Permit. Mr. Jerry Drawdy, representing the Planning Commission, pre- sented a report defending the denial of the request for the Use Permit. Mayor Hill declared the hearing closed. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the decision of the Planning Commission was upheld, and the issuance of Use Permit No. 276 was denied. The Clerk presented the following Applications for Variance, which had been approved by the Planning Commission: a. Application for Variance No. 324, Frank A. Katnik, 118 -45th Street, Newport Beach, Lot 8, Block 44, River Section, Zone R -2, for an encroachment of 2' 5" into a required rear yard setback of 51 to allow for over- hang of 2d story only. b. Application for Variance No. 327, Heinz Kaiser, 23d and Ocean Front, Newport Beach, Lots 1 and 2, Block 23, Newport Beach Tract, Zone C -1, for waiver of all yard setbacks to allow alteration of an existing commercial building into a four unit apartment dwelling and waiver of square footage requirements. c. Application for Variance No. 328, Mr. and Mrs. Earl C. Israelson, 2340 Bayside Drive, Corona del Mar, parcels of Lots 1 and 2, Block D Tract Corona del Mar, Zone R -1, for a 71 encroachment into a required rear yard setback of 10' and a 3' encroachment into a front yard setback to allow for an eave overhang of 5' 611. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, Applications for Variance No. 324, No. 327 and No. 328 were approved. The City Manager stated that he would like authority to contact ' the U. S. Bureau of Census in connection with the possibility of con- ducting a special census to be.taken tentatively next May. The City Manager stated that it was possible that if the City of Costa Mesa and the City of Newport Beach conducted the census at the same time, it might be less expensive. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the request of the City Manager was granted. PigIg iVo n t° C es harl°Der e° Public hearing r_ Use Permit No.26'. ero�Fay — Variances° No. 324 - Frank A. Katnik° No.. 327 - Heinz Kaiser. Na. 328 - Mr. and Mrs. Earl C. Israelson. Approval of Variances. Re special census. Ell Re annexation suits. Hearing seta Adjournment. The City Attorney stated that the annexation suits had been set for hearing on January 30, 1957. Mayor Hill stated that since the second regular meeting of the Council to be held in December, would fall on Christmas Eve, the meeting of December 10, 1956, would be adjourned to December 21st at 9:00 A.M. in lieu of the meeting on December 24, 1956. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the meeting was adjourned sine die. ATTEST: CM y C ek r 1 S �-4— . �l /I / / r:. Petition and Poll Donald D. Harwood, representing a large group of protestants, resented re Use addressed the Council, reiterating the allegations set forth above. Permit No. Mr. Harwood presented for filing with the Council, a petition bearing 375 signatures of residents and property owners on Balboa Island, protesting the issuance of a liquor license to Dr. Campbell. He also presented a Poll of Owners of Marine Avenue Business Property regarding the issuance of the Use Permit under discussion, showing thirty -five against the issuance of the Permit; three in favor and two neutral. Report of Planning The Clerk read the report addressed to the City Council, submitted Commis oia—re Use by George Lind, Vice - Chairman, and Galvin B. Keene, of the Planning Permit No. 2 Commission, substantiating the reasons for the granting of Use Permit No. 276 by said Commission on November 15, 1956. The report sets forth that the majority of Commissioners, after a full and complete discussion among themselves and with the public which attended the hearing, decided that the sale of alcoholic beverages at 226 Marine Avenue would not create a serious adverse effect upon the immediate residential neighborhood. Protests from the The following protestants spoke from the audience regarding this audience. matter: Hal Will Smith, A. L. Hewitt representing L. G. Hewitt, Sam Bowser, E. H. Skinner and Mrs. Elizabeth Fellinge. Re Use Permit No. 276. Dr. Campbell spoke from the floor in behalf of his request for a Hearing c ose . Use Permit. He stated that it seemed impossible to find a tenant for the premises at 226 Marine Avenue who would be able to successfully operate a restaurant without selling alcoholic beverages. Dr. Campbell stated that the Church in the immediate vicinity of the proposed bar had made no objections to the granting of the Use Permit, and that Dr. Campbell's contact with said Church had been with Father Stephen Kiley, the Pastor. Mrs. Nelda Gibson spoke from the floor, protesting the issuance of the Use Permit. Mayor Hill closed the hearing. Statements of Council- Councilman Higbie stated that he was a resident of Balboa Island, man Higbie. practices law there, and that through his personal business experience with previous tenancy of the property, he knew that a successful restaurant could be conducted at the location in question without the selling of alcoholic beverages. Councilman Higbie moved that the action of the Planning Commission be overruled and that Use Permit No. 276 be denied since the operation of a restaurant including the sale of alcoholic beverages would be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood. Councilman Hart seconded the motion. C December 10, 1956 Regular session. The City Council of the City of Newport Beach, met in regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. Roll call. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Approval of minutes. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the reading of the minutes of November 26, 1956, was waived, and they were approved as written and ordered filed. Public hearing re Mayor Hill opened the meeting for public hearing in connection with Use Permit No. 216. the appeal from the decision of the Planning Commission, regarding the granting of the Application of Dr. George W. Campbell for Use Permit No. 276, permitting the sale of alcoholic beverages at 226 Marine Avenue, Balboa Island, Lot 14, Block 11, Section 4, Tract Balboa Island, Zone C -1. The Clerk announced that 341 letters had been received protesting the issuing of a Use Permit, and that the letters in general alleged the following facts: Balboa Island is an ideal residential area in which to rear children; it is a "Paradise" for teen - agers; an additional bar would bring an undesirable element to Balboa Island; parking space is limited, illegal parking in the alley would be invited; there is a church in the immediate vicinity of the proposed bar; there are sufficient places now available to obtain liquor; there are residences within 200 feet; and bar patrons frequently cause disturbances. Petition and Poll Donald D. Harwood, representing a large group of protestants, resented re Use addressed the Council, reiterating the allegations set forth above. Permit No. Mr. Harwood presented for filing with the Council, a petition bearing 375 signatures of residents and property owners on Balboa Island, protesting the issuance of a liquor license to Dr. Campbell. He also presented a Poll of Owners of Marine Avenue Business Property regarding the issuance of the Use Permit under discussion, showing thirty -five against the issuance of the Permit; three in favor and two neutral. Report of Planning The Clerk read the report addressed to the City Council, submitted Commis oia—re Use by George Lind, Vice - Chairman, and Galvin B. Keene, of the Planning Permit No. 2 Commission, substantiating the reasons for the granting of Use Permit No. 276 by said Commission on November 15, 1956. The report sets forth that the majority of Commissioners, after a full and complete discussion among themselves and with the public which attended the hearing, decided that the sale of alcoholic beverages at 226 Marine Avenue would not create a serious adverse effect upon the immediate residential neighborhood. Protests from the The following protestants spoke from the audience regarding this audience. matter: Hal Will Smith, A. L. Hewitt representing L. G. Hewitt, Sam Bowser, E. H. Skinner and Mrs. Elizabeth Fellinge. Re Use Permit No. 276. Dr. Campbell spoke from the floor in behalf of his request for a Hearing c ose . Use Permit. He stated that it seemed impossible to find a tenant for the premises at 226 Marine Avenue who would be able to successfully operate a restaurant without selling alcoholic beverages. Dr. Campbell stated that the Church in the immediate vicinity of the proposed bar had made no objections to the granting of the Use Permit, and that Dr. Campbell's contact with said Church had been with Father Stephen Kiley, the Pastor. Mrs. Nelda Gibson spoke from the floor, protesting the issuance of the Use Permit. Mayor Hill closed the hearing. Statements of Council- Councilman Higbie stated that he was a resident of Balboa Island, man Higbie. practices law there, and that through his personal business experience with previous tenancy of the property, he knew that a successful restaurant could be conducted at the location in question without the selling of alcoholic beverages. Councilman Higbie moved that the action of the Planning Commission be overruled and that Use Permit No. 276 be denied since the operation of a restaurant including the sale of alcoholic beverages would be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood. Councilman Hart seconded the motion. C