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HomeMy WebLinkAbout12/10/1956 - Regular MeetingM 6Q A 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: CC�erk Mayor Petition and Poll Donald D. Harwood, representing a large group of protestants, presented re Use addressed the Council, reiterating the allegations set forth above. Permit No. 276. 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 Commission re Use by George Lind, Vice - Chairman, and Galvin B. Keene, of the Planning Permit No. 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 Baring closed. 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, Ran 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. 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 P� ermit No . M. 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, presented re Use addressed the Council, reiterating the allegations set forth above. Permit No. 276. 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 Commission re Use by George Lind, Vice - Chairman, and Galvin B. Keene, of the Planning Permit No. 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 Baring closed. 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, Ran 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. 1 Councilman Wilder stated that although he was not in favor Discussion continued of maintaining a monopoly for one cocktail bar on Balboa Island, re Use Permit No. he was of the opinion that the issuance of the Use Permit re- a amen s of quested would be detrimental to the health, safety, peace, Counxci man Wil er. comfort and general welfare of the people on the Island, and that he would vote against it. Councilman Ridderhof stated that after consideration of the Discussion continued allegations contained in the various letters opposing the Use Statements of Permit, that he was of the opinion that the Planning Commission's Councilman decision should be upheld since he did not believe that the R er o . issuance of said Use Permit would have serious adverse effects upon the residents of Balboa Island. Councilman Stoddard requested the Clerk to tape record for Councilman the records, the statements he was about to make. This was done. Sto ar s state - A summary of his comments in brief is as follows: After a ments. personal visit to the area involved, interrogation of residents and tenants in the vicinity of 226 Marine Avenue, and after listening to the testimony given at the hearing just held, he was of the opinion that the public safety and peace would be adversely affected by granting the Permit. The property and improvements in the immediate vicinity would be injured by the granting of the Permit, and in view of these findings, he would vote for the denial of the Use Permit. Councilman Hart stated that he felt the decision in this Statements of matter was difficult to make, but that he was of the opinion Councb man Hart. that the people in the area should have the right to say what type of business they felt was objectionable to them and that, on that basis, he would vote in favor of overruling the decision of the Planning Commission. Councilman MacKay stated that he was in favor of upholding Statements of the decision of the Planning Commission. Counc: man ac Kay. Mayor Hill stated that she felt that the issuance of the Use Statements of Permit would be detrimental to the safety, peace and general a o welfare of the residents of Balboa Island, and that the request of a great many people opposing the Use Permit should be considered. The roll was called on the motion made by Councilman Higbie, Use Permit No. 276 and the decision of the Planning Commission was overruled, and the denied. Use Permit was denied, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Hill NOES, COUNCILMEN: MacKay, Ridderhof ABSENT, COUNCILMEN: None The Mayor declared a three minute recess. Recess. COMMUNICATIONS The Clerk presented the Claim for Damages of Frederick N. Webber and Joyce Webber, parents and heirs of Christopher Webber, deceased, which was served on her on November 30, 1956. The claim is in the amount of $50,547.30 for alleged damages due to the death of Christopher Webber as the result of an accident on October 12, 1956, when a dump truck, owned by the City, collided with the bicycle driven by said child. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said claim was denied, and the action of the City Clerk in referring this matter to the insurance carriers was confirmed. A letter from George G. Woods protesting the increase in the minimum monthly water rate, and a letter from Col. A. W. Smith pro- testing the manner of increasing water rates, were presented. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said letters were ordered filed and the City Manager was instructed to reply to said letters explaining the progress being made in connection with adjusting the water rates. The Clerk presented two letters from the Orange County Mosquito Abatement District notifying the City that the term of Mr. A. Sandy Steiner, on the Board of said District, expires on December 31, 1956, and commending Mr. Steiner highly for his work and requesting consideration of Mr. Steiner s reappointment to the Board for a two year term ending December 31, 1958. Mayor Hill announced that Mr. Steiner had graciously agreed to serve another term on said Board. On motion of Mayor Hill, seconded by Councilman Stoddard and carried, Mr. A. Sandy Steiner was re- appointed to said Board for the two year term expiring December 31, 1958. On motion of Councilman Hart, seconded by Councilman Higbie and carried, said letters were ordered filed, and the Clerk was instructed to notify Mr. Steiner of his reappointment and to express the appreciation of the Council for his services. The Clerk presented a letter from Secrest and Fish, Inc., re- questing refund of fee for building permit on a public school job, $273, in view of the recent Supreme Court decision quoted as, "Local Building Departments have no jurisdiction over construction of public schools. This applies to all Building Departments." On motion of Councilman MacKay, seconded by Councilman Hart and carried, said letter was referred to the City Manager and the City Attorney for investigation and report. Claim for Damages of Fre d iER 7. and Joyce e er. Letters of 2rotest re water rates. Mr. A. Sandy Steiner reappointed to the Board o oral of County uato Abatement District. Secrest and Fish, Inc. , -re ug gng permit ee. ilk Letter from Corona The Clerk presented a letter from Jay R. Longley, President of del Mar Civic Corona del Mar Civic Association, stating that said Association ssocaatzon. unanimously approved the proposed highway; stating also that the members unanimously approved the idea that the Corona del Mar Post Office retain its present status; and expressing appreciation for the attendance of Councilmen Stoddard and Wilder, and Mr. Shelton, at the Association's meeting. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, said letter was ordered filed. Letter from Laguna The Clerk presented a letter from the Laguna Beach County Beach County Water Water District stating that their Board is definitely interested in District re proposed the proposed terminal storage in the vicinity of Corona del Mar, but reservoir. that its position, as stated in the letter to the Coastal Municipal Water District, dated November 8, 1956, copy of which was sent to the City of Newport Beach, is still substantially unaltered, and it is the desire of the Board to hear further from the Coastal District on the matter before making a decision. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said letter was ordered filed. The Clerk presented a letter from the Newport Beach Elementary Schools Board of Trustees, stating that formal action had been taken regarding the joint purchase by the Newport Beach School District and the City of Newport Beach of the property to be used for school and park development, enclosing copies of the motion concerning the sub- mission of an offer to The Irvine Company and the preparation of escrow instructions, in accordance with plans worked out by the School District, the Parks, Beaches & Recreation Commission, and members of the City Council. Said letter requests that the Council of the City of Newport Beach take the action necessary in order to proceed with negotiations. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Attorney was authorized to open an escrow for the joint purchase by the Newport Beach School District and the City of Newport Beach of property to be used for school and park development, 19th Street and Irvine Avenue, from The Irvine Company at $2500 per acre, the School District to purchase approximately 11.93 acres and the City to purchase 9.14 acres. Re�ues�t f o Monterey The Clerk read a letter from the Monterey Oil Company regarding Oi C1 om an re the proposed seismic exploration in connection with the Elliott con - seismic exp oration. tract. The City Manager stated that he had discussed this matter with Mr. Paul Paine, the Chairman of the Technical Oil Advisory Committee, and Mr. Paine had stated that it was his opinion that the request of the Monterey Oil Company should be granted. Councilman Hart stated that he was opposed to the granting of the request of the Monterey Oil Company since, although the operation requested was not "expansion of oil development," it would lead to expansion. Mr. Edward Healy spoke from the audience asking whether or not an operation of this nature would not have to be put to the vote of the people. The City Attorney stated that this proposal does not constitute oil drilling operations, which is confirmed by our Oil Committee, and the granting of the request is not in violation of our Charter. Councilman Stoddard was in favor of granting the request of the Monterey Oil Company. Mr. E. E. Pyles spoke from the audience stating that the operation requested was a routine operation and would involve only a few days work in this area. Councilman Wilder commented that the City should attempt to get all the income possible through exploration under the Elliott lease. Councilman Stoddard stated other oil companies had made similar explorations in this area without requesting permission from the City. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the request of the Monterey Oil Company was granted; Councilman Hart voted no. LICENSES Glenn E. Wurr for The Clerk presented the Application for License of Glenn E. Wurr, catering service. for L & W Catering Service, 10052 Larson Avenue, Garden Grove, for portable food stand service to be used at Tract No. 3000, Tract No. 3031, Tract No. 3032 and the following locations: Al Harris Chrysler Plymouth, 1200 West Pacific Coast Highway; Sanitary Laundry, 1100 West Coast High- way; Miller Chevrolet, 1000 West Coast Highway; Automatic Valve Sales Co., 481 North Newport Boulevard; Breneman's Custom Woodwork, 461 North Newport Boulevard; each employer at the above locations has submitted a substantiating request for catering service. The request of L & W Catering Service for permission to serve the employees at the City Yard was also presented. The City Manager requested that, if the Council granted the request for L & W Catering Service to serve the employees at the City Yard, such service be restricted to the hour and a half between 11:00 A.M. and 12:30 P.M. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said application was approved at the specific locations mentioned, provided that all Municipal Code requirements are met, that the service is provided on private property and not on public streets, and that the service at the City Yard be given in accordance with the conditions set forth by the City Manager. Councilman Wilder was excused from the meeting at this time. ADDITIONAL BUSINESS R -4577. Award of con- Resolution No. 4577, being a resolution awarding the contract for tract for cast iron furnishing cast iron water pipe for the underbay water main to American water pipe to American Cast Iron Pipe, and authorizing the Mayor and City Clerk to execute the Cast Iron pipe. contract, was presented. The Public Works Director stated that it was his recommendation, after reviewing the two bids submitted, that the contract be awarded to said low.bidder. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, Resolution No. 4577 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder Resolution No. 4578, being a resolution authorizing the Mayor R -4578 re contract. and City Clerk to execute a contract for the purchase of chlorine for purchase of ' from Braun Corporation, was presented. On motion of Councilman lc orine rom MacKay, seconded by Councilman Hart and carried, Resolution No. Braun UorporFtion. 4578 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder On motion of Councilman Hart, seconded by Councilman MacKay Fund Transfer No. 75 and carried, payment to Sully - Miller Contracting Company of ora meat o _1 $7,258.44 for assessments in the West Newport Assessment District ,7 L58 to Sully was authorized, said payment to be made by the City from the Maier Contracting Council's Unapplied Appropriations, (Fund Transfer No. 75),by Company. the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay,Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder The City Manager requested authorization for the purchase of Purchase of auto - eight automotive units as follows: motive units. THEO ROBINS - -- -FORD Four -Door Sedan, Police Replacement $1600.00 Four -Door Sedan, Police Replacement 1600.00 Four -Door Sedan, Police Replacement 1640.00 $4840.00 MILLER - - -- CHEVROLET Four -Door Sedan, Police Replacement 1275.00 Four -Door Sedan, Police Replacement 1400.00 Truck (Cab & Chassis) Water Department Replacement 1920.00 4595.00 W. W. WOODS ---- GMC Truck, Street Department Replacement 5392.00 Truck, Street Department Addition 5980.00 11372.00 TOTAL $20,807.00 On motion of Councilman Hart, seconded by Councilman MacKay and carried, the recommendation of the City Manager to purchase the eight automotive units from the low bidders was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Wilder The City Attorney stated that an investigation of the records Report on Drift had revealed that the Council, on December 14, 1953, granted a Room. license to the Drift Room for a restaurant and cocktail room. Apparently an Application for a Use Permit was never filed. The City Attorney has been advised that an Application for a Use Permit is being filed at this time by the Drift Room. Councilman Wilder rejoined the meeting at this time. The request of the City Manager to advertise for bids for a Bids authorized for twelve months' supply of oil, gas, tires and retreads, was o9 gas tares an authorized on motion of Councilman Ridderhof, seconded by Council- retreads. man Hart and carried. The Oaths of Office of John 0. Forgie, George Gregory Boa, Errol F. Greenleaf, and Robert R. Sisco, as Patrolmen, were pre- sented. On motion of Councilman Ridderhof, seconded by Council- man Wilder and carried, said Oaths of Office were approved. The City Manager read a proposed contract with O'Melveny & Myers for drafting a joint powers agreement regarding reservoir operations. After discussion, on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, Resolution No. 4579, being a resolution authorizing the Mayor and City Clerk to execute said contract, was adopted by the following roll call vote, to wit: Oaths of Office: Forgie Boa Gree� nle— of Eisco as Patrolmen. R -4579 re execution of contract wbt 0 �delveny &s N[yers in connectl_on wgttx reservoir. AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, ' Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Councilman Stoddard instructed the City Manager to. determine Reposition of The whether or not The Irvine Company should be a party to contractual Irvine Company. arrangements in this matter with O'Melveny & Myers. 4 R -4580 rescindin The City Manager presented Resolution No. 4580, being a R aut o_r_izing resolution rescinding Resolution No. 4522, authorizing correction correction ot tund of fund balances at June 30, 1956, and charging "work in progress" a ances. accounts against proper funds. A discussion was had, and on motion of Councilman Hart, seconded by Councilman MacKay and carried, Resolution No. 4580 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Plans and cost The City Manager presented the plans and cost estimates for estimates or paving_ paving and landscaping at Corona del Mar Beach and Balboa Pier a Z_ aMdsca in at restrooms, which had been recommended by the Parks, Beaches and Corona del Mar Beach Recreation Commission, and presented the following pertinent and Balboa Pier appropriation adjustments and fund transfers: restrooms. Fund Transfer No. 64. No. 64 - $711.70 - from Corona del Mar Park Fund for paving and landscaping around new restroom, Corona del Mar Beach. Fund Transfer No. 65. No. 65 - $400.85 -from Parking.Fund for paving and landscaping around new restrooms, Balboa Pier. Fund Transfer No. 66. No. 66 - $400.85 - from Balboa Improvement District Fund for same as above. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, Fund Transfers No. 64, No. 65, and No. 66, were authorized, and said plans for paving and landscaping, were approved. 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 Plannin Commission was presented for second reading and public hearing. Said ordinance to ave ina action gives the Planning Commission final authority to act on Applications on ications or for Variance unless appealed to the City Council. Mayor Hill opened Variance unless the meeting for public hearing. No protests were made, and on motion appealed. of Councilman Hart, seconded by Councilman Wilder and carried, the hearing was closed. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the second reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, Ordinance No. 805 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Fund Transfers. The City Manager presented the following appropriation adjustments and fund transfers for approval: Fund Transfer No. 59. No. 59 - $2,036.17 from Corona del Mar Park Fund Surplus to Corona del Mar Beach restrooms, to provide additional appropriation for construction of restrooms at Corona del Mar Main Beach and reduce appropriation for restrooms at Buck Gully. Fund Transfer No. 60. No. 60 - $6,380.29 - Unexpended for Balboa rest- rooms, to be returned to surplus. Fund Transfer No. 61. No. 61 - $7,769.58 - Appropriation from Submerged Oil Fund for Rivo Alto bulkhead construction. Fund Transfer No. 62. No. 62 - $75,000 - Appropriation from Water Fund Surplus Budget to Capital Im- provement, for underbay water line crossing, N Street to Corona del Mar. Fund Transfer No. 67. No. 67 - $3,032.31 - from Council Unapplied Appropriations, for automobile fleet insurance. Fund Transfer No. 68. No. 68 - $800 - from Council Unapplied Appropriations, to permit retention of one police sedan for use by Finance Department, Purchasing and Warehousing Division. Fund Transfer No. 70. No. 70 - $475 - from City Hall Building Repairs Budget to Lifeguard Budget for heating unit at Lifeguard headquarters. Fund Transfer No. 72. No. 72 - $2,650 - from General Fund Surplus for independent auditor's fees for the fiscal year 1956 -57. J I I1 J No. 73 - $116,000 - from Trailer Park Improvement Capital outlays Fund to Trailer Park Capital Improvement Budget to provide appropriation from proper fund. No. 74 - $1,428 - from Water Fund for additional Clerk Typist II, for six months, Finance Department. Councilman Hart requested information regarding the proposed $475 expenditure for heating at the Lifeguard headquarters. Robert Moore spoke from the audience and explained that no heating facilities were in the Lifeguard quarters at this time. The Purchasing Agent, Donald Means, explained that an investigation of heating facilities revealed that the unit proposed was the most desirable for the City. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the appropriation adjustments and fund transfers numbered 59, 60, 619 62, 67, 68, 70, 72, 73, and 74, as indicated above, were approved. The Clerk presented a letter from the Public Works Director stating that at a meeting of the Joint Harbor Committee on December 4, 1956, the following Applications for Permits had been considered: Charles Howard to construct a bulkhead on the northwesterly lot line of Lots 4 and 8, Block B -33, Corona del Mar. It was recommended by the Committee that this Application for Permit be denied pending an opinion from the City Attorney. Charles Hansen and George Bailey to construct a pleasure pier and float bayward of 604 and 608 South Bay Front, Balboa. It was recommended by the Committee that this Application for Permit be denied by the City Council on the basis that the beach should be kept open for the public. A discussion was had in regard to the Application of Charles Howard to construct a bulkhead, and the City Attorney stated that it was his opinion that Lots 4 and 8 of Block B -33, Corona del Mar, do not constitute property.lying under Newport Bay, and that the Application for bulkhead should be granted. Attorney M. S. Bernard, representing Mr. Howard, spoke from the audience. On motion of Councilman Hart, seconded by Councilman Wilder and carried, Charles Howard was.granted permission to construct said bulkhead. A discussion was had regarding the Application of Charles Hansen and George Bailey to construct a pleasure pier and float. On motion of Councilman Higbie, seconded by Councilman Hart and carried, the recommendation of the Joint Harbor Committee was upheld, and said Application was denied. Councilman Wilder gave a brief report on the meeting held December 6, 1956, of the California Senate Interim Committee on Bay Development and Small Boat Harbors. Said meeting was held in Santa Barbara, and Councilman Wilder attended on behalf of the City of Newport Beach. He stated progress is being made in the establishment of eight harbors of refuge along the California Coast. Councilman Wilder stated that Rex Thompson urged the establishment of a State Harbor Authority. He ' further stated that it was pointed out at the meeting that drivers' licenses for boat operators would soon be a necessity. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the City Attorney was authorized to file a Complaint of Inter-. vention in the action entitled County of Orange versus State of California, et al., Superior Court,State of California, in and for the County of Orange, Declaratory Relief action No. 70717. Mayor Hill announced that,J. Leslie Steffensen had consented to act as Chairman of the Citizens Advisory Committee on Capital Im- provements. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, J. Leslie Steffensen was appointed Chairman of _the Citizens Advisory Committee on Capital Improvements. Mayor Hill announced that letters would be sent to civic organizations and service clubs requesting that nominees be suggested by said organizations to serve on the Citizens Advisory Committee. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the City Manager was authorized to recruit for the services of a Planning Assistant. The Public Works Director stated that, after further investigation of the work to be done in the matter of resurfacing the streets in Shore Cliffs and Corona Highlands, it was his recommendation that the City take advantage of the decrease in the amount per ton of certain materials from $7.90 to $5.66 per ton, if a larger scope of work is done, resulting in a better job, at the additional cost of approximately $4,000. The money for this work has been budgeted, since the former bid of Sully - Miller Contracting Company was lower by approximately $4,000, than estimated. On motion of Councilman Wilder, seconded by Councilman r' Stoddard and carried, Resolution No. 4581, authorizing the Mayor and `t Fund Transfer No. 73 Fund Transfer No. 74 Discussion re heat- ing at Li eguard head ua� r. Fund Transfers approve - Pier Permits. Charles Howard. Charles Hansen and George ag ey. Discussion re Charles Howard's request. Discussion re reques o— Charles Hansen aGeorge Bailey . Report b}, Councilman W�� i - re Bay De- velo went meeting.. Re anne. cation suits. J. Leslie Steffensen ap yoinced Chairman of Citizens_ Advisory Committee. Re nominees for Citizens Advisory Committee. Re Planning Assistant. R-4581, amending con tract with Sull - MMIMer .or resur_- acing of in Shore Oracfs and Corona=igancds . 0 JV N Y sR `�.. Adjournment. Adjourned session. Roll call. City Clerk to execute an amendment to the Sully- Miller Contracting Company contract for the resurfacing of streets, in the manner recommended by the Public Works Director, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the meeting was adjourned to December 21, 1956, at 9:00 A.M. � 9 Gc✓ ATTEST: Ulty CAerk L/9- mayor December 21, 1956 .The City Council of the City of Newport Beach met in regular adjourned session in the Council Chambers of the City Hall at the hour of 9:00 A.M. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Ridderhof and Hill; Councilman Higbie being absent. Approval of minutes. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the reading of the minutes of December 10, 1956, was waived, and they were approved as written and ordered filed. COMMUNICATIONS Re Findings and The Clerk presented a letter from Riedman, Dalessi & Shelton, Attorneys Award at Law, enclosing copies of Findings and Award which had issued in the matter o Walter E. Dyson of Walter E. Dyson vs. the City of Newport Beach. On motion of Councilman vs tine City. s Hart, seconded by Councilman Wilder and carried, said letter was referred to the City Attorney. Additional protest A card received from Mrs. Donald C. Clark opposing the opening of a re— a — "� o 011 oa "bar" on Balboa Island by Dr. George W. Campbell, was, on motion of Councilman Island. Wilder, seconded by Councilman Hart and carried, ordered filed with the other correspondence on this matter. Letter from Bank of The Clerk presented a letter from the Bank of America stating that the America re eoosits existing contracts with the City in connection with deposits of inactive o inactive pu is public funds are modified, effective December 15, 1956, to provide that on unf � 90 days' notice of withdrawal, the interest rate will be 2% per annum; deposits which require 30 days' notice will continue to pay the maximum permitted, 1% per annum. On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, said letter was ordered filed. tter from Costa A letter from Donald Dungan, Attorney for Costa Mesa Sanitary District, sa Sanitary Dis- stating that said District has received a petition from Landmark Development ict re annexation Corp., Inc., for annexation of its property to said District, was presented: quest rom A discussion was had and continued for later.in the meeting for determination, n ma— elopment since Councilman Stoddard wished to make a telephone call in regard to this rp., Inc. matter. LICENSES Exem t license The Clerk presented the Application for Exempt License of Miss Rosemary Ouse t—o house Waters, Region V Field Adviser, for house to house soliciting for the sale so iciting or the of peanuts for Camp Fire Girls, Inc., Regional Office, 3438 West 8th Street, sale of peanuts for Los Angeles, during the period from .January 18, 1957, to February 3, 1957. Camp Fire Girls. Approval of said application was recommended by the City Attorney and the Chief of Police. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, the Application was approved. Don H.CCampbe�ll The Clerk presented the Application for License of Don H. Campbell, for co eff a shop. 2598'k Willo Lane, Costa Mesa, for Don's Coffee Shop at 109 McFadden Place, Newport Beach, food and soft drinks, bearing the necessary approvals. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said Application was approved. ADDITIONAL BUSINESS Appointment of Mayor Hill recommended the appointment of Councilman Stoddard, the City Commisslon� a Attorney, and the City Manager as Commissioners to investigate and report reservoir plans. plans and terms deemed feasible and equitable regarding the joint reservoir project. On motion of Councilman Hart, seconded by Councilman MacKay and carried, said appointments were confirmed. 1 1 1 1