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HomeMy WebLinkAbout08/27/1956- Regular MeetingAugust 27, 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: Councilmen ' Hart, Wilder, Stoddard, Aidderhof, and Hill; Councilmen MacKay and Higbie being absent. On-motion of Councilman Ridderhof, seconded by Councilman Hart. and carried, the reading of the minutes of August 13, 1956, was waived, and they were approved as written and ordered filed. The Mayor announced that this was the time and place for the opening of bids for the construction of wood fence and concrete wall at Newport Marinapark, The Clerk announced that one bid had been received. Said bid was then publicly opened, examined, and declared from the California Redwood Materials Co., as follows: Item 1 196 Lin. Ft. 5100 Item 2 694 Lin. Ft. 3.50 Item 33 185 Lin. Ft. 2.25 Item 4 1152 Lin. Ft. 5.50 Item 5 883 Lin. Ft. .30 Item 6 a 895 Lin. Ft. 3.50 4 b 895 Lin. Ft. 100 c 895 Lin. Ft. 2.10 d 895 Lin. Ft. 2.25 The City Manager requested that the bid be referred to the City Engineer for examination and report. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, said request was granted. Mr. Bernard Hoffinger, 221 - 19th Street, spoke from the audience requesting ' information as to why the City was planning to fence in the City -owned property and asking the City Attorney whether or not such a step was legal. The City Attorney replied that he.had already ruled that this is a proper development and expenditure from a legal standpoint. COMMUNICATIONS _ Resular session. Roll call. qsoval of nuesOfAu. b 1 0 0 enin f bids foce at railer Park. One bidder. Bid referred to Enaaneer. The Clerk presented a letter from Mr. and Mrs. Floyd Kraner Newport Letter'from Kr-.--6 Beach, protesting increase in license fee for their business in Mboa. ffrs. FF. Kraner r The City Manager stated that he would be glad to reply to the letter on increase in behalf of the City. On motion of Councilman Hart, seconded by Councilman icese fee for Stoddard and carried, said letter was referred to the City Manager for reply. business. A letter from Mr. Laszle Marmor, 1705 Rancho Avenue, Colton, commending Letter from Mr. the City of Newport Beach for providing a beach at East 19th Street where . Wrmor re people, who can only get away occasionally to go to the beach, can avail beach at & g th themselves of a public beach, was presented. On motion of•Councilman Hart, Street. seconded by Councilman Ridderhof and carried, said letter was ordered filed. A letter from the Balboa Peninsula Point Community Association, stating that the sign prohibiting use of /1N" Street pier by commercial fishing boats has been removed, and requesting that said sign be replaced as soon as possible, was presented. The City Manager stated that the sign had been replaced. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, said letter was ordered filed. The Clerk presented a letter from the City Engineer submitting Final ' Map of Tract 3004, Mellott Subdivision in Harbor Highlands area, and agree- ment by and between the City of Newport Beach and Vista Del Vista Inc., and Marine Air Estates, Inc. "Developer ", with accompanying subdivision bond in the sum of $76,000.06. Said letter further states that said map has been approved by the Planning Commission. The City Engineer recommended approval of Final Map and Agreement. The Clerk presented Resolution No. 4540, and on motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the Final Map of Tract 3004 was approved, and Resolution No. 4540, authorizing the Mayor and City Clerk to execute said Agreement, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT,.COUNCILMEN: MacKay, Higbie A letter from the City Engineer stating that the installation of the master amplified antenna system by Hotel Radio - Television, Inc., at Newport Marinapark, has been completed in accordance with the contract, and recommending acceptance by the City of Newport Beach, was presented. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the recommendation of the City Engineer was accepted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill None MacKay, Higbie Balboa Peninsula Point'CommunitY Assoc. etter re sin at� "�1T80, S red et vier. Acce trance of n stallation of ffias e` yi ied antenna em at Trailer JPark. The Clerk presented a copy of the Application for Transfer of Alcoholic Transfer of Al. Beverage License, on -sale beer and wine, Kenneth L. Carmichael and Mrs. Mary Bev. Licenses. J. Carmichael, dba Grandolfo's, 511 East Balboa Boulevard, Balboa. On motion Ko L and M j of Councilman Wilder, seconded by Councilman Stoddard and carried, said Carmicha¢ dba communication was ordered filed. Grandolfo s. , ryl._ Petition rotast° The Clerk presented a petition signed by 44 property owners protesting 1. p amines growth of shrubbery at street ends bayward on 11th, 12th, and 13th Streets. sweet es� bay= The City Manager read said petition. A discussion was had Attorney Robert Hoor, ward on b t 12th A. Schwamb, representing the petitioners, spoke from the stating that and lath treets the only question involved was when and how soon the ordinance can be enforced an C tv fok ife- which the City now has, prohibiting shrubbery at street ends. It was brought card sarvice for 'o out that some districts prefer to allow the shrubbery to grow at street ends, 1 and that in thosedistricts it seemed unwise to enforce the ordinance. In connection with this matter, the following people spoke from the floor: Mr. August F. Pfirrmann, Mr. Henry J. Engle, Mrs. Isobel L. Wood, and Mr. George F. Sherrill. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the City Manager was instructed to have the property owners at the street ends bayward of 11th, 12th, and 13th, comply with the Code in order that the beach may be accessible. A letter from the Navy League of the United States, Orange County Council, dated August 23, 19560 requesting the contribution of $1200 in connection with the functions to be held during the recruiting visit of the U. S. S. Hornet to Newport Beach, was presented, each Councilman having had a copy of said letter for perusal. Councilman Ridderhof and Councilman Wilder spoke on behalf of the Navy League, stating that the City would benefit greatly in good will, advertising, and television publicity of the City. It was brought out that the City would probably not be asked to contribute for any event of this nature in the near future and that any such request could be denied. On motion of Council- man Wilder, seconded by Councilman Hill and carried, authorization was given for the contribution of $1200 to the Navy League of the United States as requested, and authorization was also given for the transfer of funds from the Unbudgeted Reservei Advertising Fund, to Advertising Budget, to cover this contribution expense, by the following roll call vote, to wit: Annual repot of The Clerk presented the annual report of the Planning Commission, Plannine copies of .which were available for the Council, the Press and the public. On Commission. motion of Councilman Stoddard, seconded by Councilman Hart and carried, said report was received and ordered filed. Mayor.Hill and Councilman Wilder expressed the appreciation of the City and the Council for the excellent services rendered by the Commission for the fiscal year 1955 -56. Letter from The Clerk read the letter of the Monterey Oil Company, dated August 22, Monterey 011 Co. 1956, regarding drilling and deepening of oil wells and the proposed plan for re drilling and future operations under the contract between the City of Newport Beach, Monterey Zee enin of oil 011 Company, and Humble Oil & Refining Company. On motion of Councilman Nellso Ridderhof, seconded by Councilman Wilder and carried, said matter was referred to the Technical 011 Advisory Committee for recommendation. Mr. Ernest E. Pyles, Vice President, Monterey Oil Company spoke from the audience and stated that his company would be glad to cooperate with said Oil Committee. Report of James The Clerk presented the report of James M. Montgomery, dated August, 1956, Mn Montaomery. entitled "Studies.and Recommendations for Proposed 1200 Acre Foot Reservoir ". On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said report was received and ordered filed. A discussion was had. Councilman Stoddard stated that he was of the opinion that the City needed a reservoir in the size proposed, even though the consumption of water at the present time by the City of Newport Beach, did not require a reservoir of this size. He stated that other cities would definitely rely upon the City of Newport Beach and its reservoir for water supply and that at such time the cost of the reservoir could be amortized through the other cities' purchasing water from the City of Newport Beach. The question of whether or not the proposed reservoir could be financed by a bond issue and whether or not this matter could be on the November 6th election ballot was discussed. It was pointed out that it seemed wise to have financial consultants advise the City as to the type of financing desirable, and that the taking of the steps required to properly consider this matter would take a much longer time than we have to place this matter on the November 6th ballot. The City Manager stated that Mr. Sidney Hook, representing a firm of financial consultants, had advised the Council that preparing proper prospectus and educating the voters to the need for the reservoir, and putting this matter on a ballot, would take approximately six to eight months. r AYES, COUNCILMEN: Hart, Wilder,.Stoddard, Ridderhof, Hill - NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Agreement between The Clerk presented an agreement between the County of Orange and the City County of 0 an ® of Newport Beach relating to lifeguard service for the fiscal year 1956 -57, an C tv fok ife- wherein the County agrees to pay the sum of $13,200 to the City in consideration card sarvice for 'o of the furnishing of lifeguard service for said period, which service is 1 furnished partially on behalf of the County of Orange, and in lieu of its furnishing lifeguards in certain areas within or adjacent to Newport Beach. The City Manager requested that he be given an opportunity to examine this matter more thoroughly before the Council approved said agreement. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said matter was referred to the City Manager for analysis, study and report back to the Council. Parke Beaches & The Clerk presented the resignation of Mr. Rexford Brandt from the Parks, Recreation Beaches & Recreation Commission, dated August 22, 1956. Councilman Stoddard Commission. expressed his personal disappointment and the regret of the Council in receiving Re m nation of said resignation. He stated that Mr. Brandt was uniquely qualified to serve on Mt. Rexford said Commission and that the City had been extremely fortunate in having his Brandt. services. Mr. Edward T. Healy, Mr. George F. Sherrill, and Mrs. Frank Kargl, spoke from the floor expressing great appreciation for the valuable services rendered by Mr. Brandt on the Parks, Beaches & Recreation Commission. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, the resignation of Mr. Rexford Brandt was accepted with regret and with sincere appreciation for the excellent services rendered by him as a member of the Parks, Beaches & Recreation Commission,.said resignation to be effective as soon as the City is able to find a suitable replacement. Annual repot of The Clerk presented the annual report of the Planning Commission, Plannine copies of .which were available for the Council, the Press and the public. On Commission. motion of Councilman Stoddard, seconded by Councilman Hart and carried, said report was received and ordered filed. Mayor.Hill and Councilman Wilder expressed the appreciation of the City and the Council for the excellent services rendered by the Commission for the fiscal year 1955 -56. Letter from The Clerk read the letter of the Monterey Oil Company, dated August 22, Monterey 011 Co. 1956, regarding drilling and deepening of oil wells and the proposed plan for re drilling and future operations under the contract between the City of Newport Beach, Monterey Zee enin of oil 011 Company, and Humble Oil & Refining Company. On motion of Councilman Nellso Ridderhof, seconded by Councilman Wilder and carried, said matter was referred to the Technical 011 Advisory Committee for recommendation. Mr. Ernest E. Pyles, Vice President, Monterey Oil Company spoke from the audience and stated that his company would be glad to cooperate with said Oil Committee. Report of James The Clerk presented the report of James M. Montgomery, dated August, 1956, Mn Montaomery. entitled "Studies.and Recommendations for Proposed 1200 Acre Foot Reservoir ". On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said report was received and ordered filed. A discussion was had. Councilman Stoddard stated that he was of the opinion that the City needed a reservoir in the size proposed, even though the consumption of water at the present time by the City of Newport Beach, did not require a reservoir of this size. He stated that other cities would definitely rely upon the City of Newport Beach and its reservoir for water supply and that at such time the cost of the reservoir could be amortized through the other cities' purchasing water from the City of Newport Beach. The question of whether or not the proposed reservoir could be financed by a bond issue and whether or not this matter could be on the November 6th election ballot was discussed. It was pointed out that it seemed wise to have financial consultants advise the City as to the type of financing desirable, and that the taking of the steps required to properly consider this matter would take a much longer time than we have to place this matter on the November 6th ballot. The City Manager stated that Mr. Sidney Hook, representing a firm of financial consultants, had advised the Council that preparing proper prospectus and educating the voters to the need for the reservoir, and putting this matter on a ballot, would take approximately six to eight months. C J 253 LICENSES The Application for License of Earl J. Brush, 423 Poinsettia Avenue, Earl J. Brush Corona del Mar, for La Mer, 3446-1 East Coast Highway Corona del Mar, for La M ®r. consisting of custom made shirts, dressmaking and alterations, was pre- sented, and approved for one year only, on motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried. The Application for License of Dorothy E. King, 1860 Newport Boulevard, Dorothy E. King Costa Mesa, for a washerette at 3536 East Coast Highway, Corona del Mar, for washerette. being a change of ownership, was presented, and approved, on motion of Councilman Wilder, seconded by Councilman Hart and carried. The Application for License of Arthur J. Woods, 7703 Coolgrove Drive, Arthur J. Woods Downey, for service station - garage at 2801 East Coast Highway, Corona del for service Mar, dba Art Woods Shell Service, consisting of sale of automotive products s ationm garage. and service, being a change of ownership was presented and approved, on ty 21der motion of Councilman Stoddard, seconded Councilman and carried. ADDITIONAL BUSINESS The Oaths of office of Gary Cooper, Patrolman; and L. Allen Follin, Patrolman, were approved, on motion of Councilman Wilder, seconded by Councilman Hart and carried. The Clerk read a report from the City Manager, dated August 27, 1956,. regarding the revision of the business license ordinance recommending that the Council introduce and adopt an emergency ordinance extending the penalty date for unpaid business license fees from August 15 to November 23L 1956. Said report suggests that unlicensed businesses whose fees are $27.00 under the existing ordinance, be requested to pay a fee and obtain their licenses immediately. It was also suggested that unlicensed businesses whose fees are more than $25.00 under the existing ordinance, be requested to deposit $25.00 on account, for which deposits, receipts will be issued by the City to be followed by issuance of licenses when revised fees are legally effective. Ordinance No. 801, being AN ORDINANCE AMENDING SECTION 6132a OF THE MUNICIPAL CODE EXTENDING PENALTY DATE ON UNPAID BUSINESS LICENSE FEES FROM AUGUST 15.TO NOVEMBER 23, 1956 was read by the Clerk. On motion of Councilman Hart, seconded by Council- man Wilder and carried, Ordinance No. 801 was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Mayor Hill declared a five minute recess. The matter of the recommendations of the City Manager regarding the business license ordinance was further discussed. Mr. Bernard Hoffinger spoke from the floor, requesting clarification as to his license fee. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, Items 1 and 2 of the City Manager's recommendations as set forth in his memorandum No. 56 -57 -6, together with the stated request that operators of seasonal businesses not yet licensed, contact the License Inspector for advice as to payment of fees, were accepted. Resolution No. 4541, being a resolution authorizing and specifying certain signatures for bank account withdrawals, was presented. On motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, Resolution No. 4541 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Inasmuch as the next regular meeting of the City Council falls on a legal holiday, on motion of Councilman Hart, seconded by Councilman Wilder and carried, the following day, September 11, 1956, was designated as the date of the next regular Council meeting. In connection with the opening of Via Oporto and Via Malaga, the Clerk presented four Grant Deeds granting certain real property to the City of Newport Beach for road and utility purposes. Resolution No. 4542, being a resolution accepting the Deed from the Griffith Company, was, on motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie, Resolution No. 4543 being a resolution accepting the Deed from The ' Rector, Wardens, and Vestrymen of Saint James Parish, was, on motion of Councilman Ridderhof, seconded by Councilman Stoddard and carried, adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: .MacKay, Higbie Oaths of office. G. Coo ea Lo Men Fo 1 . Extending=jIDenalty ate on un aid §iness tense �eego Ord' ance No. Rn1 adonte . Recess. Further discus&Ui re business can nanec ems 2 of_ Rn C�ty reoort aoceoted® R-4541 adooted� sslgag% es for bank accounF withdrawals. Next Council muetine set_ for September gl_A Y9irG fro from Sain James Psrish� N R -454A - Deed Resolution No. 4544, being a resolution accepting the Deed from the from First Church First Church of Christ Scientist, was, on motion of Councilman Ridderhof Of jpiKmt, seconded by Councilman Stoddard and carried, adopted by the following roil Scientisto call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None - ABSENT, COUNCILMEN: MacKay, Higbie E -4545 ° Deed Resolution No. 4545, being a resolution accepting the Deed from the from Ne orto_rt Newport Balboa Savings and Loan Association, was, on motion of Councilman Ba bol a Savings Ridderhof, seconded by Councilman Stoddard and carried, adopted by the and Loan following roll call vote, to wit: Association_ AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Ordinance No, -29-& Ordinance No. 797, being Classif ation AN ORDINANCE AMENDING SUBDIVISION (b) (1) OF !%nd salary plate SUBSECTION 6 OF SECTION 2200 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH ENTITLED "CLASSIFICATION AND SALARY PLAN" Ordinance No was presented. On motion of Councilman Wilder, seconded by Councilman ado ted Ridderhof and carried, the second reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Ordinance No. 797 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Ordinance Noo 798 Ordinance No. 798, being Re Public Address AN ORDINANCE AMENDING SECTION 4209 OF Systemo THE MUNICIPAL CODE Passed to second enabling the Parks, Beaches & Recreation Department to use the public address readine system in connection with its activities,_ was presented. On motion of Council- man Wilder, seconded by Councilman Hart and carried, the first reading of said ordinance was waived. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Ordinance No. 798 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Report of Council Mayor Hill stated that she, Councilman Hart, Councilman Stoddard, and the visit to Riverside. City Manager, Mr. Shelton, had visited the cities of Riverside and Covina, and had met with members of the Council of said cities in an effort to learn the methods of establishing and using a Citizens Committee to assist the Council in studying possible capital outlay ventures for the future. She stated that the trip had been very rewarding and that the matter of establishing a Citizens Committee for the City of Newport Beach was under study and would continue to be under study for some time. Mayor Hill brought to the attention of the meeting the City Manager's request to attend the International City Managers' Association Conference, at Banff, September 16 to September 20. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the City Manager was authorized to attend said Conference, and to be reimbursed for traveling expense, lodging, meals and registration, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie The City Clerk presented Resolution No. 4546, being a resolution authorizing the Mayor and City Clerk to execute escrow instructions and a grant deed to Jacton Corporation, in consideration of the sum of $2,000 for the sale of certain real property on Balboa Boulevard westerly of Channel Place, by the City of Newport Beach. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Resolution No. 4546 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay, Higbie Public earig on Mayor Hill opened the meeting for public hearing in connection with the Use Permit N0.251, appeal from an adverse decision of the Planning Commission regarding the G. Lyl_ e��aa�ouxQ Application for Use Permit No. 253, G. Lyle Harbour, 604 Via Lido Nord, Lido Isle, to permit structural alterations to an already non - conforming building on Lot 70, Tract 906, Lido Isle, R -1 Zone. Mr. Walter Longmoor spoke from the audience explaining that the Planning Commission had denied the Use Permit since no hardship had been found to exist. Attorney Robert A. Schwamb, representing Mr. Harbour, spoke from the audience exhibiting pictures in support of his client's contention that no one would be injured by the proposed alterations; and that neighbors immediately to the east and to the west, and the Lido Isle Community Association, as supported by letters on file with the Clerk, had no objections. Mr. Bunster Creely spoke in regard to this matter. After due consideration, on motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, the hearing was closed. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the findings of the Planning Commission were upheld and Use Permit No. 253 was denied. The Application for Variance No, 304, Westcliff Company, Tract 3000, Zone R -1 -B, to permit detached garage on front half of lot with garage front setback of 20' or more, and main building setback of 20' or more for Lots 11, 21, 29, 411 44, 53, 63, 669 72, 83, and 90; for detached garage on front half of lot with garage front setback 20' or more, and main building setback more than 35', was presented. On motion of Council- ' man Wilder, seconded by Councilman Hart and carried, Application for Variance No. 304, having been approved by the Planning Commission, was granted. The Application for Variance No. 305, Ernest A. and Marie L. Bohme, Lots 1 and 3, Block 239, 301 Marigold, Corona del Mar, Zone R -1, for an encroachment of 61 into required 10' rear yard setback, was presented. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the recommendation of the Planning Commission was upheld, and Variance No. 305 was denied. The Application for Variance No. 306, Lido Professional Building, Inc., 3355 Via Lido, Newport Beach, Tract 1117, C -1 -H Zone, to extend present third floor to house a Membership Health Club, waiving off - street parking requirements, was presented. Said Application was denied by the Planning Commission. The Clerk read a letter from Mr. G. M. Shumacher, President of the Lido Professional Building, requesting that said Application for Variance be withdrawn. Mr. Walter Longmoor spoke from the audience and explained that Lido Professional Building had changed its plans and desired to withdraw this Application for Variance. On motion.of Councilman Stoddard, seconded by Councilman Wilder and carried, Application for Variance No. 306 was denied. The following Applications for Variance, having been approved by the Planning Commission, were granted, as conditioned by the Planning Commission, on motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried: ' Application for Variance No. 307, Kenneth C. Mitchell, Carnation Avenue, between Seaview and Ocean, portion of Block D, R -3 Zone, to construct swimming pool partially into street front 1/2 of bluff view lot. Application for Variance No. 308, J. Herbert Brownell, 708 St. James Place, Lot 23, Tract 1218, R -1 Zone, to construct swimming pool in street front 1/2 of sloping view lot. Approved by Planning Commission, conditioned that the pool be built not closer than 10' from the front property line, that the pool be located not less than 5' from the main dwelling, that a 6' fence be built around pool. Application for Variance No. 309, Macco Corporation, 724 Malabar Drive, Corona del Mar, Lot 87, Tract 1701, Zone R -1, to permit front yard setback to be changed from 22' to 101. Application for Variance No. 310, Gill B. Causey and Frank Rhodes, Jr., 1510 Abalone Place, Balboa Island Lot 3 Tract 1049, R -2 Zone, to permit a 71 encroachment into a 101 rear yard setback for a garage and garage apartment. Said Variance was approved by the Planning Commission subject to condition that two garage spaces be provided. The Application for Resubdivision No. 39, Robert H. Ingram and Virgil ' Lee Buck, 611 - 31st Street, Newport Beach, Lot 5, Tract 815, C -2 Zone, to permit resubdivision of property into two lots, was presented. Said Application was denied by the Planning Commission as the Subdivision Code requires a new subdivision to be not less than 50' average width, nor less than 5,000 square feet in area, and the use of said property for single family use would not be comparative with adjacent uses. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the recommendations of the Planning Commission were accepted and the Application for Resubdivision No. 39, was denied. Ordinance No. 799, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH (changing the zoning of Tract 3082, Irvine Subdivision, Baycrest, "Harbor Highlands Annex" area, from U to R -1 -B) was presented. On motion of Council- man Stoddard, seconded by Councilman Hart and carried, the first reading of said ordinance was waived. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, Ordinance No. 799 was passed to second reading and public hearing on September 11, 1956, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Higbie, MacKay ' Ordinance No. 800, being AN ORDINANCE CHANGING THE ZONING OF CERTAIN REAL,PROPERTY IN THE CITY OF NEWPORT BEACH (changing the zoning of Tract 1763, Tract 1805, and Tract 1806, Harbor Highlands, from U to R -1 -B) was presented. On motion of Councilman Hart, seconded by Councilman Wilder and carried, the first reading of said ordinance was waived. On motion of Councilman Hart, seconded by Councilman Wilder Variance No. _304, iaot X000 -- Restcl.iff Comnanv Variance�Noo 305 Er�aest A. and Marie L. Bohme. Variance Noe 306, Lido Profess ion i Bui ing. Ino. Applications for aV ria Fee Variance Mo. 307, Keando i C. cal o Variance No. 308. &de r ert - Brownell. Variance No. 09.: . _ 3. _ l�agom. Variance No. 3109. G_1m Causey and Frank ?des. Jr. Ap fos Resub- division K:22 Ordinance No. Z99 Zoning of Tract I;ObR� Irvine Su. - v1sion-. - Passed to second reading and pub1_ic _hearingon Se _ tea? 195-6 Ordinance No. 800 Zoning Tract 276? Traces =� Txac T806, %arbor High s . - ry Set for public and carried, Ordinance No. 800 was passed to second reading and public hearinso hearing on September 11, 1956. Maps in Council Councilman Stoddard requested that maps be placed in the Council Cham erso room, indicating the new areas annexed to the City of Newport Beach which do not show on the map now in the Council Chambers, for reference. Variance No,-111� The Application for Variance No. 3111 City of Newport Beach for an City of Newoort encroachment of 3' into a required 5' front yard setback at the City -owned Befficho Trailer Park, was presented. On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the recommendation of the Planning Commission was upheld and Variance No. 311 was denied. Reoort re mater The City Engineer stated that a revaluation of the water rates had r,�teso been under study and that a survey of 3107 of the 8800 meters -in the City had revealed that there was quite a variance in the minimum amount of water used throughout the City. He stated that a more complete report would be ready for the next meeting. Fetter from Ken The City Manager presented a letter from Ken Smith, owner - pharmacist S h re alert- of Smith's Professional Pharmacy at 359 North Newport Boulevard and ness or ..lice. requested the Clerk to read said letter. Said letter commends the Police Department for its alertness, efficiency, and eager devotion to duty at the time of a burglary on Mr. Smith's premises on July 20, 1956. Due to the alertness of the Police officers, the stolen property was recovered. Compliments to The City Manager stated that many compliments had been received in his L�ff� guard Deot. office on behalf of the excellent services of the Lifeguard Department, Public Utilities The City Attorney stated that he had received a "Notice of Temporary C—Ounission to Removal from the Calendar" from the Public Utilities Commission, in Pac fic E ectric connection with the Matter of the Petition of the City of Newport Beach to matter. have fixed the just compensation to be paid for Pacific Electric property. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the meeting was adjourned. Mayor ATTEST: I � City clerk September 11, 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 calla The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie and Hill; Councilman Ridderhof being absent. Approval of On motion of Councilman Hart, seconded by Councilman MacKay and carried, minutes. the reading of the minutes of August 27, 1956, was waived, and they were approved as written and ordered filed. COMMUNICATIONS Petition for The Clerk presented a petition for the abandonment of a strip of land abandonment o£ sixty feet wide, situated between LaJolla on the east and Catalina Drive on Beacon Street. the west and known as Beacon Street. Said petition was signed by the owners of the property adjoining said strip of land, i. e., the owners of Lot 1, Tract 444; Lot 2, Tract 444; the westerly portion of Lot 12, Block 27, Tract 27; easterly portion of Lot 12, Tract 27, Block 27. On motion of Councilman Hart, seconded by Councilman Higbie and carried, said matter was referred to the City Manager and the City Engineer for study and report back to the Council. Hazard at end A letter from the Balboa Peninsula Point Community Association, stating of "I "Street. that a hazard exists at the ocean end of "I" Street since a sidewalk is about three feet higher than the street, was presented. The Association recommended that a pipe guard rail be installed at said location. Mr. Bernard Hoffinger and Mr. Edward T. Healy spoke from the floor. On motion of Councilman MacKay, seconded by Councilman Hart and carried, this matter was referred to the City Engineer and the City Manager for study and recommendation, and to take necessary corrective measures at said locations and at all other ocean front streets where protection is necessary. Plantings. The Clerk presented a letter from Mrs. Kassa Briggs requesting permission, pursuant to Section 7303 of the Municipal Code, to maintain plantings in a space five feet in width and five feet in length, on the west side of the unpaved portion of 12th Street immediately north of the sidewalk, and a strip four feet in width along the west side of the unpaved portion of 12th Street adjacent to her east garden wall. A supplemental letter from Mr. Louis W. Briggs corroborating the request of Mrs. Briggs, set forth above, was presented. A letter from Mr. Ray Gould directed to the City Manager, requesting approval of the plantings he has had at the street ends of 13th and Bay Avenue since 1949, was presented. The n