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HomeMy WebLinkAbout09/24/1956 - Regular Meetingintervals of thirty days be submitted to the City. Mr. E. E. Pyles of the Monterey Oil Company spoke from the audience and said that his company would be glad to cooperate. On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, the Council concurred in the approval of the proposal of the Monterey Oil Company as approved by the Technical Oil Advisory Committee and the City Manager. On motion of Councilman Wilder, seconded by Councilman Hart and Ad iournment. carried, the meeting was adjourned sine die. Mayor ATTEST: City C1 rk September 249 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, Higbie, Ridderhof, and Hilly Councilman MacKay being absent. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the reading of the minutes of September 119 1956, was waived, and they were approved as written and ordered filed. Mayor Hill welcomed the many students in the audience. COMMUNICATIONS The Deputy City Clerk presented a petition for the Abandonment of Alley in Block 5, East Newport Tract, being a ten foot strip of land to the rear of Lots No. 13, 129 11, 1C, 99 89 7, and 6, fronting on Bay Avenue, and that same ten foot strip of land to the rear of Lots 19, 209 219 22, 239 24, 25, and 26, southerly on Balboa Boulevard. Said petition was signed by thirteen individuals who own the abutting property, and five individuals who are all of the remaining lot owners in said Block 5 of East Newport Tract, whose properties are not involved in the above petition and have no objections to favorable action being taken on the petition for Abandonment of Alley. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said matter was referred to the City Manager and the City Engineer for investigation and report back to the Council at the next regularly scheduled meeting. A letter from the Newport Harbor Board of Realtors, dated September 119 1956, regarding a possible amendment to the City ordinance wherein there is reference to "For Sale" signs on real estate, was presented. The members of this Board, in conducting their business, have permitted only the restricted use of "Open House" For Sale signs, wherein selling is carried on with a licensed salesman in attendance. The subject letter requests that the City ordinance be amended so that only legal owners of property be allowed to place a "For Sale" sign on the property owned by them, prohibiting all reference to any broker or agent. Mr. Hub Powers, Chairman of the Sign Committee of the Newport Harbor Board of Realtors spoke from the audience in regard to this matter. On motion of Councilman Hart, seconded by Council- man Ridderhof and carried, the subject letter was referred to the City Manager and the City Attorney for their recommendations as to whether or not a satis- factory ordinance could be drafted. The Deputy City Clerk presented a letter from the Citizen's Committee for YES ON PROPOSITION #5, dated September 7, 1956, giving reasons for support of Proposition 5, a constitutional amendment relating to the sale of alcoholic beverages, with the request that the City Council of Newport Beach pass a minute resolution endorsing this Proposition. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, it was: RESOLVED, that WHEREAS, on November 6, 1956, the people of the State of California will have submitted to them as Proposition 5, a proposed constitutional amendment under the ballot title "Alcoholic Beverage Establishments "; and WHEREAS, Proposition 5 constitutes the last measure in the program of better beverage laws for the State of California recommended by the so- called Weinberger Joint Legislative Committee of 1954; and WHEREAS, one of the primary purposes of Proposition 5 is to protect the youth of California and decrease juvenile delinquency by making it illegal for minors to -enter premises licensed only for the sale of alcoholic beverages by the drink; and WHEREAS, Proposition 5 would put an end to the hypocritical situation regarding the serving of food with alcoholic beverages sold far° consumption on the premises; and Regular session. Roll call. Approval of minutes. Petition for A andonment of A ey in Block 5. East Newport Tract. Proposition # Minute resolutic-,, adopted. 01__� WHEREAS, Proposition 5 would do much to eliminate health hazards created by spoilage of unused food and consequent unsanitary conditions created in establishments whose customers do not wish to purchase food with their alcoholic beverages; and WHEREAS, enactment of Proposition 5 will do much to assist police and other law enforcement officers in properly enforcing the provisions of the Alcoholic Beverage Control Law on a uniform basis; and WHEREAS, the California State Culinary Alliance has gone on record as favoring the approval of Proposition 5; and WHEREAS the California State Federation of Labor has also officially endorsed Proposition 5; now therefore be it RESOLVED, that the City Council of the City of Newport Beach hereby goes on record as being in favor of the approval of Proposition 5 by the voters; and be it further RESOLVED, that our citizens are urged to vote "yes" on Proposition 5 and to work for its approval by all the voters at the November 6, 1956, election. Letter from George A letter from George Tripp, owner of a hamburger stand and paddleboard Tripp re business concession on the southwest corner of Opal Street and South Bay Front, license fee. Balboa Island, was presented, requesting that the business license fee for his two businesses be set at a flat $25.00 for his hamburger stand and a flat $25.CO for his paddleboard concession. On motion of _Councilman Wilder, seconded by Councilman Hart and carried, the subject letter was referred to the City Manager for reply. A letter from Chas. P. Morgan & Associates, Inc., Engineers, Long Beach, dated September 10, 1956, regarding their planning and design services in connection with the development of the proposed reservoir and appurtenant water works, was presented. Said letter requested an opportunity to detail their qualifications and submit proposals. The City Manager stated that he had been furnished the original of this letter and had been, and will be, in touch with this firm. On motion of Councilman Ridderhof, seconded by Council- man Wilder and carried, said letter was ordered filed. Schedule U. The Deputy City Clerk presented a letter dated September 19, 1956, from Southern California the office of the County Counsel, County of Orange, enclosing a copy of a' Edison Company letter addressed to them from the offices of the City Attorney of Long Beach in regard to the Application of Southern California Edison Company for authority to establish a new systemwide underground schedule, to be known as Schedule U. The hearing on this matter has been continued until October 24, 1956. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the letter was ordered filed. Al. Bev, Licensesa The Application for Transfer of Alcoholic Beverage License, on -sale beer, Paul R. and Lvla S. Paul R. Elston and Lyla S. Elston, fishing barge "Georgia ", one mile off Newport Elston for fishing Pier, Ocean Front, and the Application for Alcoholic Beverage License, new bare "Georgia "4 on -sale general, Lois T. Vogel, 3203 West Coast Highway, were presented. The Lois T. Vogel. above, having been referred to the Police Department and the City Attorney for investigation with the report that there were no valid objections to same, were, on motion of Councilman Hart, seconded by Councilman Stoddard and carried, ordered filed. Manor Hill explained Mayor Hill explained, for the benefit of the visiting high school , method of handling students in the audience, that the City Council receives copies of these applications from the applications from the Department of Alcoholic-Beverage Control and before Dept, of Alcoholic they are ordered filed, all such matters are referred to the Police Department Beverage Control, and the City Attorney for investigation so that an appeal can be made if it is felt that the facts warrant such an action. Al. Bev. License of The Application for Alcoholic Beverage License, new on -sale general, Merle's. Merle F. Afflerbaugh, dba Merle's, 2344 East Coast Highway, Corona del Mar, was presented. The report of the Police Department stated that the matter of the large numbers of juveniles or minors congregating at Merle's Drive -In was brought to the attention of Mr. Afflerbaugh; however, the applicant's plans are to construct a new building across the lot from the Drive -In which will serve as a cocktail bar and possibly as a steak house and there will be a raised parking lot divider between the Drive -In lot.and the cocktail bar parking lot. The report further stated that no liquor will be served except in the cocktail bar itself. Therefore, it was the recommendation of the Police Department and the City Attorney that this be filed. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the subject Application for Alcoholic Beverage License was ordered filed. App, for Al. Bevo Two Applications for Alcoholic Beverage License, on -sale beer, Licenseso Fisher- Leonard Rumsey and Lorraine D. Rumsey, Fisherman's Wharf, 400 North man's Wharf and Main Street, Balboa /Newport Beach; and new on -sale general, Roger J. Rogers' Pit Bar -B- Early and Evelyn M. Early, Roger's Pit Bar- B -Que, 41C West Coast ue. Highway, Newport Beach, were presented. The above, having been , referred to the Police Department and the City Attorney for investigation with the report that there were no valid objections to same, were, on motion of Councilman Wilder, seconded by Councilman Stoddard and carried, ordered filed. ri The Deputy City Clerk presented a letter from the House and Garden Section of the Lido Isle Woman's Club, dated September 20, 1956, stating that they have observed that some gardeners working in the City of Newport Beach dump garden trimmings on vacant lots. Said letter further states that since they are planning a drive to keep Lido Isle clean, it was their recommendation that an ordinance be enacted re- quiring all gardeners licensed for such work to have facilities for hauling away their debris and cuttings. A copy of their letter was also directed to Mr. William Covert. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, said letter was referred to the City Manager for study and report back to the Council. Two postal cards received, dated September 20, 1956, addressed to the City Council, attention of Councilman MacKay, signed by E. Montwieler, 1533 East Ocean Boulevard, Balboa, and Mrs. Archie J. Thomas, 1520 Ocean Boulevard, Balboa, were presented. The above communications stated that it had been a great pleasure to be able to swim at the end of "G" Street this past summer and wished to protest the replacement of the boats and moorings at the end of "GP' Street. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, these two communications were ordered filed and the matter be taken up by the City Manager with Councilman MacKay and members of the local community to determine the proper procedure in this matter. LICENSES The Application for License of Robert H. Hillis, 600 Begonia Avenue, Corona del Mar, for Corona del Mar Richfield service station, 3636 East Coast Highway, Corona del Mar, consisting of sale of gasoline, oil, tires, tubes and batteries, being a change of ownership, was presented. Said license having been approved by the Electrical Department, Fire Department and Building Department, was, on motion of Councilman Stoddard, seconded by Councilman Wilder and carried, approved. ADDITIONAL BUSINESS Letter from House and Garden Section of the Lldo Isle Woman's Club re�gre argde�n immings dumpe on vacant lots® Protest of'the re- placement_ of boats and moorings at the end of PPG°' Street. . A letter from the Newport Harbor Chamber of Commerce, dated September 21, 1956, was read by the Deputy City Clerk. Said letter expressed appreciation for the willingness shown by each member of the City Council, the City Manager and the City Attorney to consult with the merchants of the City of Newport Beach on the matter of the business license ordinance through the Chamber of Commerce-acting on behalf of the merchants. The communication stated that their organization unanimously approved the final draft of the ordinance and commended the City Council for the careful consideration given in the preparation of same. On motion of Councilman Wilder, seconded by Councilman Hart and carried, the communication was ordered filed. Ordinance No. 802, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ARTICLE VI OF THE MUNICIPAL CODE PROVIDING FOR BUSINESS LICENSES AND A SCHEDULE OF FEES THEREFOR Robert H. Hillis for service station. Letter from Newport Harbor Chamber of Commerce re- usihess 1 cense ordinance. Ordinance No. 802 Business license ordinance and schedul:= o -fees. was presented. On motion of Councilman Stoddard, seconded by Councilman Ordinance No. 802 Hart and carried, the first reading of said ordinance was waived. The passed to second City Attorney gave a brief explanation of the subject ordinance as to reading. the schedule of fees and stated that he felt that Assistant City Attorney Jack Penney should be given credit for his efforts in the preparation of this ordinance. On motion of Councilman Ridderhof, seconded by Council- man Wilder and carried, Ordinance No. 802 was passed to second reading by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Ridderhof, Higbie, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay The City Manager presented for consideration, the matter of the renewal of the Ground Observer Corps lease with the Lido Isle Community Association and advised the Council of the need to draw up a new lease on a month to month basis, and of his intention to so do. Mr. Bunster Creely spoke from the audience approving this action. No action was taken by the City Council. Ground Observer Corps lease renewal. The City Engineer stated that an agreement for furnishing water Report on furnishing to Helipot Corporation had been prepared but, inasmuch as he had not water to Helipot. been able to confer with the Helipot principals, he requested that the matter be held over until the next meeting. On motion of Councilman Hart, seconded by Councilman Wilder and carried, said request was granted. In connection with the employment of Goode & Goode to appraise the property on Bay Avenue between A and L Streets, the City Engineer stated that he had received a.letter from the above firm giving two estimates on the appraisal services required. On motion of Council- man Stoddard, seconded by Councilman Hart and carried, the matter was held over until such time as Councilman MacKay has had an opportunity to study the matter and advise the Council. The City Engineer recommended the adoption of Resolution No. 4549, authorizing the execution of a grant deed to convey the trunk sewer on Balboa Boulevard to the County Sanitation District No. 5. On motion of Councilman Stoddard seconded by Councilman Hart and carried, Resolution No. 4549 was adopted by the following roll call vote, to wit: Employment of Goode & Goode to appraise Bay Avenue discussion, 01411 AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay Acceptance of work A letter from the City Engineer stating that the construction of the by R. L. Steinmetz comfort station at the entrance to the Balboa Pier, by R. L. Steinmetz, on Balboa Pier" had been completed in accordance with the contract, and recommending acceptance comfort station. by the City of Newport Beach, was presented. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the recommendation of the City Engineer was accepted. Acceptance of work of John G. Hughes for - installation of sprinkler system in Trailer Parke A letter from the City Engineer stating that John G. Hughes had completed the installation of the sprinkler system in the City -owned Trailer Park in accordance with the contract, and recommending acceptance by the City of Newport-Beach, was presented. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the recommendation of the City Engineer was accepted. The-Deputy City Clerk presented a letter from the City Engineer and the City Manager in reference to the request of certain property owners having property adjacent to Beacon Street between Santa Ana Avenue and Catalina Drive, and stating that the topography of this particular street is such that it would be impractical to improve said property. It was their recommendation that the City take the necessary steps to abandon a portion of said street, with reservations for public utility purposes to be retained by the City of Newport Beach. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the City Attorney and the City Manager were instructed to prepare the necessary documents for the abandonment of that portion of Beacon Street. Discussion re The City Manager presented the recommendations of the Traffic Committee bicycle riding in connection with the letter from the Lido Isle Community Association requesting on Lido Isle the enactment of an ordinance permitting and requiring those riding bicycles to bridge, use the north sidewalk on Lido Isle bridge for safety of children and traffic. It was their recommendation that Section 3295.1 of the Municipal Code be amended to permit such bicycle riding on the north sidewalk and approaches of the Lido Isle bridge in addition to the presently permitted section of the Ocean Front.' A. discussion was had on this matter and regarding whether or not this problem would be encountered in other areas in the City. Mr. Gene Ross and Mr. Bunster Creely spoke from the audience in regard to this matter. On motion of Councilman Wilder, seconded by Councilman Hart and carried, it was decided that the Traffic Committee should be requested to reconsider the matter as it relates to all bridges in the City where such provisions might be desired and to report on the situation at the next Council meeting. Report of City In connection with the letter from Horace Parker, 217 Grand Canal,requesting Manager re request that a loading zone be re- established on Balboa Avenue near Marine for the from Horace Parker convenience of the merchants and to allow free ingress and egress of the that a loading zone residents dependent on the alley, which had been referred to the Traffic be re- established Committee, the City Manager reported that it was the recommendation of said on Balboa Avenue. Committee that this request be denied. On motion of Councilman Hart, seconded by Councilman Wilder and carried, the report of the City Manager was accepted and the communication from Horace Parker was ordered filed. Transfer of funds —Advertising The City Manager requested authorization to transfer $5,227.00 from the THE to Advertising Fund to the Golden Jubilee Budget. On motion of Councilman Wilder, Golden Jubilee. seconded by Councilman Stoddard and carried, said request was granted. Annual Audit report The City Manager presented the Annual Audit report for the fiscal year 1955 - from Batzle & Co. 56 from Batzle & Company, and stated that a copy of the subject report is on file received. in the City Clerk's office. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the Annual Audit report was received and ordered filed. Request of CLtX The request of the City Attorney for permission to attend the National Attorney to attend Institute of Law Officers Conference at Omaha, October 8 - 11, was presented. National Institute On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, of Law Officers the City Attorney was authorized to attend said Conference, and to be reimbursed conference. for traveling expense, lodging, meals and registration by the following roll call vote, to wit: I[] AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay Claim for expenses The City Manager presented a claim for expenses incurred in connection of City Manager. with his attending the International City Managers' Association Conference at Banff, September 16 to September 20, 1956, in the amount of $143.94. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, the expense claim of the City Manager was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None . ABSENT, COUNCILMEN: MacKay Memo No. 56 -57 -9 The Deputy City Clerk read Memorandum No. 56 -57 -9 from the City Manager in from City Manager regard to the establishment of.a Public Works Department for purposes of improved re Public Works administration of City affairs. On motion of Councilman Hart, seconded by Department. Councilman Ridderhof and carried, the City Manager's report was approved. Proposal of Pasa- The Deputy City Clerk read a letter from the Pasadena Land Co., dated dena Land Co. re September 21, 1956, in connection with Tract 3082 (Baycrest). Said letter ue from 20th St. states the Pasadena Land Co. is willing to install a 16" cement coated steel o 21st _Street. pipe, which would meet the specifications of the City of Newport Beach, from 20th Street to 21st Street, provided that the City is willing to pay the difference between the cost of a necessary 8" transite pipe to serve the reference subdivision and the actual cost of the 16" cement coated steel pipe. The I[] J length of pipe involved would be 1,306 feet and the cost would be based on actual bids received. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, it was decided that, based upon the information presently available, the City will pay the difference in the cost of the 8" transite pipe and the actual cost of the 16" cement coated steel pipe, in place, but with the provision that the Council reserves the right to review the matter again when definite prices are available. The Deputy City Clerk stated that a Claim for Damages against the Newport Heights Irrigation District, a Political Subdivision of the State of California, and Gustave R. Paull by Betty Reeder and Interinsurance Exchange of the Automobile Club of Southern California, had been served on her on September 24, 1956. On motion of Councilman Stoddard, seconded by Councilman Ridderhof and carried, said claim was denied, and the matter referred to the City Attorney and the insurance carriers. The matter of the sale of certain real property on Balboa Boulevard westerly of Channel Place, to the Jacton Corporation, by the City of Newport Beach, was presented. Commodore Frank C. Wood, Mr. Ben Reddick and Mr. Jack Cornair spoke from the audience. On motion of Councilman Hart, seconded by Councilman Wilder and carried, the City Attorney was instructed to prepare a resolution designating the strip adjacent to the property proposed to be acquired by the Jacton Corporation, now being used for street purposes, as a public thoroughfare. Councilman Stoddard stated that he would like to recommend to the Council that an appropriate study group be set up to look into the matter of mineral rights in grant deeds involving the City and that the City Attorney, City Manager and City Engineer make their recommendations. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the City Manager, City Engineer and City Attorney were instructed to confer and recommend a policy on the buying and selling of City -owned property in connection with the various rights involved in such land transactions. The City Attorney stated that after a discussion with the City Manager and the City Engineer, it was their recommendation that a resolution be adopted authorizing the City Attorney to proceed with the necessary legal steps to acquire easements across certain lots in Block C, Seashore Colony, for the purpose of extending sewer service to the property of Mrs. Lillian A. Henry, 6305 Seashore Drive. The City Attorney advised that, in his opinion, the ease- ment sought has no monetary value and recommended that the Council find to that effect. On motion of Councilman Hart, seconded by Councilman Ridderhof and carried, Resolution No. 4550 was adopted by the following roll call vote, to.wit: Claim for Damages AgaJ.nst Newport Heights Irrigation District. Sale of certain _real property on Balboa Boulevard to the Jacton Corporation. Policy on the buying and selling of-City- owned property. AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: MacKay ZONING The following Applications for Variance, having been approved Applications for by the Planning Commission, were granted, as conditioned by the Variance. Planning Commission, on motion of Councilman Stoddard, seconded by Councilman Wilder and carried: Application for Variance No. 313, R. H. Ingram and Virgel L. Buck, 611 - 31st Street, Newport Beach, Lot 5, Tract 815, Zone C -2, to permit a swimming pool to encroach 10' into required 20' front yard setback. Application for Variance No. 3141 Captain and Mrs. L. S. Rowberry, 1317 Dolphin Terrace, Lot 6, Tract 2334 (Irvine Terrace, Zone R -1, to permit construction of a swimming pool on front one -half of lot. Approved by the Planning Commission, with the stipulation that a 6' fence be erected between the pool and the setback line. Application for Variance No. 315, Thomas E. Woodward, 437 Morning Canyon Road, Corona del Mar, Lot 27, Tract 1237, Zone R -2 -B, to permit a 10' encroachment into a 20' rear yard setback. ,Application for Variance No. 317, Leland J. Bolin, 1210 South Bay Front, Balboa Island, Lot 6, Block 21, Tract B. I., Zone R -2, to permit a 2' encroachment into a 2J' rear yard setback and an 18" encroachment into a 3' side yard setback to permit the construction of a bay window. Planning Commission granted the Variance with an 181^ encroachment into the required 22' rear yard setback but denied permission to establish an 181, encroachment into side yard setback for construction of a bay window. The Application for Resubdivision No. 38, Frank J. Moll, 437 16th Street, Costa Mesa, northwesterly 60' of the southeasterly 186' of Lot 47, Newport Heights, to permit resubdivision of property into two lots, was presented. Said Application was approved by the planning Commission with the condition that the easement for ingress and egress over the northwesterly portion No. 313a R. H. Ingram and Virgel L. Buck. Noo 314_, Captain and Mrs. L. S. Rowberry. No 311, Thomas E Woodward. No. 317, Leland J. Bolin. Resubdivision'No. 38, Frank J. Moll. of the southeasterly 1861 of the northeasterly 125' be 15' instead of the requested 101. It was the recommendation of the Planning Commission that the Final Map be waived. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the recommendation of the Planning Commission was accepted and the Final Map waived. On motion of'Councilman Wilder, seconded by Councilman Ridderhof , Adjournment. and carried, the meeting was adjourned sine die. mayor ATTEST: C1'tyTl k�o� October 8, 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, MacKay, Stoddard, Higbie, Ridderhof, and Hill; Councilman Wilder being absent. Approval of On motion of Councilman Higbie, seconded by Councilman Ridderhof minutes. and carried, the reading of the minutes of September 24, 1956, was waived, and they were approved as written and ordered filed. ' Correspondence The Clerk presented forty -five cards bearing forty -five signatures, re 11G11 STreet, and a letter from James F. Mitchell and Frances B. Mitchell, all stating that it has been a pleasure to be able to swim at the end of 11G11 Street this past summer and protesting the replacement of boats and moorings at the end of "G" Street. On motion of Councilman MacKay, seconded by Councilman Hart and carried, said correspondence was ordered filed with the other correspondence pertaining to this subject. Councilman MacKay stated that the people could be assured that "G" Street would remain open for swimming in the summer and other facilities would be made available for the mooring of small boats. Plantings. The Clerk presented a letter signed by Dr. Philip M. Lovell, F. C. Wood, Jr., A. B. King, and Dr. Irving E. Laby, stating that they are the duly appointed representatives of neighborhood citizenry who desire to protest the action taken by the Council on September 12, 1956, in regard to allowing plantings on public street ends, and requesting that the Council open the meeting for public discussion. The Clerk also presented seventy -two cards, bearing eighty signatures, urging the Council to rescind its action of September 12, 1956, granting to two private parties the right to plant on public street -end beach, and asking this to avoid any infringement of their rights to full access to the bay; and two cards confirming the action of the Council and stating there is no infringement. Mayor Hill opened the meeting for public discussion. Dr. Philip M. Lovell spoke on behalf of a group of approximately eighty citizens, who had met previously to formulate plans to request the Council to rescind its action regarding plantings. Dr. Lovell asked the Council questions as to the , rights, easements, infringements, and,precedents which were, or might be, established by the action of the Council. Since the questions were lengthy and set forth in a document in the possession of Dr. Lovell, Mayor Hill requested that Dr. Lovell present the list of questions to the City Clerk and that the Council be given an opportunity to study the questions. Dr. Lovell stated that some of the questions were directed primarily to the City Attorney for answers to legal questions involved. Mayor Hill stated that the questions propounded would be taken under submission. Mr. F. C. Wood, Jr., and Mr. A. B. King, also spoke, opposing the decision of the Council to grant plantings at street ends. It was stated that it was their desire to have the two permits rescinded, and that the property owners remove the plantings at their own expense; that the Municipal Code be revised so that this could not happen again, and that a survey of the City be made to determine if, at other places, the rights of the citizens are being infringed. Mr. Ralph Larrabee spoke in favor of plantings at street ends. Dr. Irving E. Laby spoke, stating that he was the Chairman of the committee selected to represent the aforementioned eighty citizens opposing plantings at street ends, and that it would be in order to send him the written reply to the twenty questions submitted by Dr. Lovell. Mrs. Leonard T. Kingsbaker spoke from the audience, stating that she could not see why there was any objection to the "little plantings ". On motion of Councilman MacKay, seconded by Councilman Stoddard and carried, the correspondence in regard to this matter was ordered filed. A. P. Hall letter The Clerk presented a letter from Mr. A. P. Hall, requesting permission re plantings, to continue the use of a 5 x 25 strip adjoining his property on the east at 1100 West Bay Avenue for plantings. On motion of Councilman MacKay, ' seconded by Councilman Stoddard and carried, said letter was referred to the City Manager for investigation and report.