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HomeMy WebLinkAbout08/26/1957 - Regular MeetingRidderhof and carried, Resolution No. 4686 was adopted by the follow- ing roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN On motion of Councilman ' and carried, the meeting was ATTEST: 'i y User , Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill None None Wilder, seconded by Councilman MacKay Adjournment. adjourned. mayor August 26, 1957 The City Council of the City of Newport Beach met in regular Regular session. session in the Council Chambers of the City Hall at the hour of 7:30 P.M. i. The Public Works Director stated that this subdivision was the First subdivision first subdivision under the new M -1 -A zoning classification. un er FF On motion of Councilman Wilder, seconded by Councilman MacKay Recommendations of and carried, the recommendations of the Planning Commission were Commissim ' ordered filed. _Planning g ' The City Attorney read his report regarding the alleged parking Report of City violations on Lots 7 and 8, Block 532, Canal Section, 518 Clubhouse Attorney re Avenue, wherein it is stated that the owner.of the property has aKe e7— ark m� advised that he has instructed tenants to no longer use this lot for vio ation�ns. parking, that he again will post "No Parking" signs on the property. Acting City The owner does not feel it is his responsibility to go to the expense Attorney. of chaining his lot to prevent parking. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said report was Statements of lay,,. ordered filed. as to hearings. The City Manager stated that a request for annexation of certain adopted, property above the Upper Bay and along Acacia Street, to be known as �R-4686 proposal to de- " had been received from The Irvine Company. tgLal og ee Resolution No. 4686, being a resolution authorizing the Mayor and wens and cer- City Clerk to execute a proposal for determining the definiteness and taint o ound- certainty of the boundaries of the "Acacia Street Annex," was pre- aries o "Acacia sented. On motion of Councilman Wilder, seconded by Councilman Street Annex, Ridderhof and carried, Resolution No. 4686 was adopted by the follow- ing roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN On motion of Councilman ' and carried, the meeting was ATTEST: 'i y User , Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill None None Wilder, seconded by Councilman MacKay Adjournment. adjourned. mayor August 26, 1957 The City Council of the City of Newport Beach met in regular Regular session. session in the Council Chambers of the City Hall at the hour of 7:30 P.M. i. The roll was called, the following members being present: Roll call. Councilmen Hart, MacKay, Higbie, Ridderhof and Hill; Councilmen Wilder and Stoddard being absent. On motion of Councilman Ridderhof, seconded by Councilman Approvai of ' MacKay and carried, the reading of the minutes of August 12, 1957, minutes. was waived; they were approved as written and corrected, and ordered filed. On motion of Councilman MacKay, seconded by Councilman Higbie Attorney E. A. and carried, Attorney E. A. Crary was appointed Acting City Crary a ointed Attorney for the evening of August 26, 1957. Acting City Attorney. The Mayor explained that the City Council would be sitting as a quasi - judicial body during the hearings to be held regarding Statements of lay,,. Use Permits and a Variance, and that the evidence presented would as to hearings. be considered and a decision rendered in accordance with the Code of the City of Newport Beach. Councilmen Stoddard and Wilder joined the meeting at this Stoddard and time. IT eAunt. The meeting was opened for a public hearing regarding the Public hearing re appeal from the decision of the Planning Commission granting Use Permit N0=8 Use Permit No. 338 and Variance No. 391 to Applicant Roberts aa7a__Var1ance -96, and Sons to construct thirty -two apartment units at 2519 Ocean 3 e Ro arts and Boulevard, Corona del Mar, Lot C, Resubdivision of Corona del Sons. Mar, with height limit variance for a 55' building with an elevator shaft of approximately 17' above the top of the proposed building, in an R -3 district. The Clerk announced that notice of hearing had been duly published and posted. ' The Clerk read a report from the Planning Commission regarding Report from the Use Permit No. 338, wherein it is stated that the property in P anniL- ing Cocnmx pion question is located in an R -3 district, composed of approximately Ruse Permit hVoa 54,000 square feet; that the applicant could apply for fifty -four 33 . units; that the plans for the proposed dwelling allocate approximately 1700 square feet for each unit, two parking'spaces for each unit, and nineteen spaces for guest parking; that this parcel could be divided legally into ten lots with'three units on each lot; and the Commission found that the granting of the Use Permit would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood, or to the general welfare of the City. Report from Planning The Clerk read a report from the Planning Commission regarding Commission re Application No. 391 for a height limit variance, wherein it is stated ari.ance o. 391. that the topography of the subject lot is unusual in that the lot is bounded by bluffs and cliffs on three sides; that the terrain and. contour of the land presents difficult building problems; that the proposed building with the exception of the elevator shaft will not exceed the height of the present existing structure and the proposed building will be lower than 35' from the curb level on Ocean Boulevard; and that the Commission found that there were exceptional and extra - ordinary circumstances applying to the land;,that the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; and that the granting of the variance would not materially adversely affect the health or safety of persons residing or-working in the neighborhood of the property of the applicant,-and would not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. deport from Planning The Clerk read a memorandum of information from the Planning Commission mint Commission regarding the subject Variance and Use Permit, and read Public or s the pertinent material from the report of the Public Works Director Director. — comparing height limits granted by the Planning Commission with height limits taken from the architect's plans. Profile map The City Manager presented a map, being a profile section showing preseente land and proposed building elevations. Communications re On motion of Councilman Ridderhof, seconded by Councilman appeal read. Stoddard and carried, the Clerk was instructed to read all the communications which had been received in connection with the appeal. Letters of The following communications, opposing the granting of the height opposition. limit variance, were read: Mrs. J. _R_._Longley. Letter from Mrs. Jay R. Longley, 283 Morning Corona del Mar Chamber o Commerce. W. W. Ta for Jr. and [� . 1�. ay or . Petitions. Newspaper clippings. Colonel A. W. Smith. Cecil S. Blinn. Canyon Road, Corona del Mar. Letter from the Corona del Mar Chamber of Commerce. Said letter urges strict adherence. to the terms of the zoning laws and that a variance not be granted which might be "materially detrimental to the personal welfare or injurious to property or im- provements in said neighborhood." Letter from William W. Taylor, Jr., and Margaret Adams Taylor, 2520 Ocean Boulevard, Corona del Mar. Petitions bearing 321 signatures of owners of property and /or residents of Corona del Mar. Thirty -three newspaper clippings, bearing sixty -seven signatures. Letter from Colonel Andrew W. Smith, trans- mitting the above mentioned petitions, which letter states that the petitioners are not objecting to the applicant's building all the apartments that the law allows, but they are opposed to a "precedent- setting variance." A letter from Cecil S. Blinn, 2508 Ocean Boulevard, Corona.del Mar, questioning whether or not thorough consideration had been given to the geological condition of the land involved in subject Variance and Use Permit, and urging that competent geologists and engineers be consulted before granting the Use Permit and Variance. Cecil S. Blinn. A second letter from Cecil S. Blinn, pro- testing the granting of Variance No. 391. Mildred H. Douglass. The Clerk read a letter from Mildred H. Douglass, 2609 Cove Street, Corona del Mar, expressing displeasure regarding the allegations made by those circulating the petitions opposing the construction of the proposed apartment house. Additional petitions Attorney B. Z. McKinney presented additional petitions, bearing presente 646 signatures, opposing the height limit variance. Opinion of Acting Councilman Wilder inquired of the Acting City Attorney as to Ciy. Attorney. whether or not the granting of the subject Variance would be creating a precedent. The Acting City Attorney stated that he was of the opinion J that each variance should be granted on its own merits and that the granting of the subject Variance would not be establishing a precedent. Councilman Stoddard inquired whether or not the hearing would Statements of Acting be considered a hearing de novo. The Acting City Attorney stated t�,� ttorney re that the evidence would have to be taken anew since there is no evidence. ' transcript of the testimony which was given at the Planning Commission hearing. Attorney A. K. Phelps, representing the applicant for the Statements of John Use Permit and the Variance, was requested to present his Wi-fl—la-m–Ren2ferson. arguments. Mr. Phelps introduced Mr. John William Henderson, a registered Civil Engineer, who described the terrain involved. He stated that the topography of the land dictated the type of structure which could be constructed thereon and stated that the existing plans for use of subject property comprised the best possible use. Mr. Phelps presented Mr. Earl G. Kaltenbach, a licensed Earl G. Kaltenbach Architect and Civil Engineer. Mr. Kaltenbach stated that in presented. preparing the plans for the proposed structure, as architect, he had considered the following: The physical site itself; the quality of the structure; parking facilities; the number of units required to make the project economically feasible; and a construction budget. He further stated that it was his opinion that the existing plans comprise the best economical use of the property. Mr. Emerson Milnor, registered Civil Engineer and Statements of Emerson Consulting Engineer, stated that he could see no exceptional Mg nor. characteristics to the site upon which the structure is proposed to be built from other sites in the area. He was of the opinion that the building could be lowered and built within the restrictions of the ordinance and would not require a height variance. He stated that he thought surrounding property would be injured since many of the beautiful homes were built especially to take advantage of the view which would be eliminated. Mr. Everett Parks, Architect, was of the opinion that the Mr. Phelps then presented Mr. Kenneth Mitchell, land Statements of Kenneth Par s. planner. Mr. Mitchell stated that he was of the opinion that Mgtc e stated that he believed that the building could be lowered to upon the completion of the proposed structure, the land values a point which would not require a height variance. He stated of adjacent and neighboring properties would be increased. ' At the request of Mr. Phelps, Mr. Austin Sturtevant, Statements of Austin prominent developer in the Newport Beach area, spoke from the Sturtevant. Mr. McKinney called upon Mr. Stanley E. Goode, Jr., audience. Mr. Sturtevant stated that he thought the proposed M.A.I. Appraiser, and presented for filing with the Clerk, a presente . building was the highest and best use that could be made of view property in Corona del Mar had greater value than property the piece of property, and that he did not believe the structure ' without a view and that the construction of the proposed would be detrimental to other property in the area. properties considerably. He estimated that damage in the Mr. Ken Albright, a general contractor and land developer, Statements of Ken was asked by Mr. Phelps as to what his opinion was as to the A rig t. value only. He stated that he felt that any parcel of land proposed development. Mr. Albright reiterated the statement along the bluff would have similar characteristics to those of that it was the best use of the site, and sound planning. Attorney B. Z. McKinney, representing persons opposing the Witnesses for the granting of the Use Permit and Variance, addressed the Council, opposition sworn in. and, at his request, the following witnesses were sworn in by the Clerk: Everett E. Parks, Emerson Milnor, Stanley E. Goode, Jr., and Charles H. Diggs. Mr. Charles H. Diggs, planning consultant, stated that the Statements of Charles plans for the proposed use of the property were well conceived H. Diggs. but that they could be adjusted to keep within the ordinance and not require a height variance. He further stated that he was of the opinion that the proposed structure would be detrimental to the land values of adjacent property. He stated that he felt that a variance should be granted only where extraordinary cir- cumstances regarding the property were involved and he did not believe that there were any extraordinary circumstances about ' the parcel of property in this instance, as all the land in the area was of the same type. Mr. Emerson Milnor, registered Civil Engineer and Statements of Emerson Consulting Engineer, stated that he could see no exceptional Mg nor. characteristics to the site upon which the structure is proposed to be built from other sites in the area. He was of the opinion that the building could be lowered and built within the restrictions of the ordinance and would not require a height variance. He stated that he thought surrounding property would be injured since many of the beautiful homes were built especially to take advantage of the view which would be eliminated. Mr. Everett Parks, Architect, was of the opinion that the Statements of Everett characteristics of the Penney property were no different from Par s. the characteristics of other property along the bluff. He stated that he believed that the building could be lowered to a point which would not require a height variance. He stated that he thought the construction of the building would down- grade property in Corona del Mar and the homes which are constructed to take advantage of the view which would be impeded by the proposed building. Mr. McKinney called upon Mr. Stanley E. Goode, Jr., Stanley E. Goode, Jr., M.A.I. Appraiser, and presented for filing with the Clerk, a presente . list of Mr. Goode's qualifications. Mr. Goode stated that view property in Corona del Mar had greater value than property ' without a view and that the construction of the proposed building would depreciate the land value of surrounding properties considerably. He estimated that damage in the amount of $40,000 would be suffered by the owners of twenty pieces of property in the immediate neighborhood, as to land value only. He stated that he felt that any parcel of land along the bluff would have similar characteristics to those of subject parcel and the same economical conditions would apply. i Letters from CDM Mr. McKinney read a letter from the Corona del Mar Civic Association Civic As_s_o_c_.­a­nU requesting that the Council "apply an exact interpretation of the existing Jen ins. Building Code, particularly Section 9107.28 and Section 9106.3, to any Cana T—. present or future requests for height variances." He also read a letter from I. H. Jenkins, owner of property at 2510 Ocean Boulevard, Corona del Mar, opposing the granting of a height variance. The aforementioned Motion that Use letters were filed with the Clerk. Statement of Mr. Upon inquiry by Mr. Phelps, Mr. Kaltenbach stated that it would Kaltenbach. cost many thousands of dollars to lower the 'building as proposed by Mr. Diggs, Mr. Milnor and Mr. Parks. Statements of George Mr. George Penney spoke from the audience on behalf of.the enney7 applicant and stated, in effect, that persons who built on property which was not bluff property took a chance that their view might be Statement of impaired in some way. He further stated that the witnesses called by Counc man art. Mr. McKinney to testify regarding the terrain on Mr. Penny's property, had not been on the property and therefore were not.qualified to judge it. Statements of R. E. Mr. Richard E. Reese, Attorney representing Mr. and Mrs. Stanley Reese, representing Annin, spoke from the audience stating that the people who were:opposing Mr ana Mrs. Stanley the construction of the building as proposed were not asking for anything nin. from Mr. Penney; they were merely asking that the Council not take away the (view) windows for which the ordinances have provided. Hearing closed. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the hearing was closed. Request of H. J. Mr. H. J. Lorenz requested time for further audience participation orenz tor more in the discussion, but the time allotted for the presentment of arguments tame. had been consumed. Councilmen then questioned the various witnesses. Statements of Mr. Mr. Cedric Roberts spoke from the audience and stated that it would Cedric Ro erts. not be economically feasible to construct the.building in any other manner than the way the plans are now formulated. Statement of Maw Mayor Hill interrupted the hearing to announce that no discussion Hi re Plan to would be had during the)evening regarding the proposal in the Master fill in t e Grand Plan to fill in the Grand Canal. A misstatement in a newspaper had Cana T—. apparently caused some citizens to be in the audience for that reason. Mr. W. H. Fawcett spoke from the audience and asked to be advised when the matter would be discussed. Motion that Use Councilman Ridderhof made a motion that Use Permit No. 338 be . Permit o a granted with the finding that the granting of said Use Permit would not grante . adversely affect or be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood „ or to the general welfare of the City. Said motion was seconded by Councilman MacKay. Statement of Councilman Hart stated that he felt there was a strong indication Counc man art. of some one thousand people who opposed the granting of the height variance and that he would heed the expression of the neighborhood. Statement of Mayor Hill stated that she felt the Planning Commission had given Mayor Hill. this a great deal of study and that she would be in favor of upholding the Planning Commission. Roll call vote taken. A roll call vote was taken on Councilman Ridderhof's motion, which carried by the following vote, to wit: AYES, COUNCILMEN: MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Hart, Wilder, Stoddard ABSENT, COUNCILMEN: None Motion to grant Councilman MacKay made a motion, which was seconded by Councilman Variance No. Ridderhof, to grant Variance No. 391 and to find that the granting of said Variance will not adversely affect or be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood, or to the general welfare of the City. Statements of Council- Councilman Stoddard commented that in order to grant the Variance, man Stoddard. the Council would have to find: (1) That there were exceptional and extraordinary circumstances applying to the land, building or use; (2) . that the granting of the Application is necessary for the preservation and enjoyment of substantial property rights; (3) that the granting of the Application will not materially affect adversely the health or safety of persons residing or working in the neighborhood and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property and improvements in said neighborhood. He stated that he could agree that there were extra- ordinary circumstances applying to the land, but that he could not agree that the application was necessary for the preservation of property rights or that the Variance would not be injurious to the property values. He stated he would therefore vote against the granting of the Variance. J Councilman Wilder stated that the expression of public feeling against the granting of the Variance was so great that he would vote against granting the Variance. A roll call vote was taken on Councilman MacKay's motion, which carried by the following vote, to wit: AYES, COUNCILMEN: MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: Hart, Wilder, Stoddard ABSENT, COUNCILMEN: None Mayor Hill declared a three minute recess at this time. Mayor Hill opened the meeting for a public hearing in connection with an appeal from the decision of the Planning Commission granting the Application of Earl W. Stanley, 4401 West Coast Highway, Newport Beach, for Use Permit No. 342 to allow changing and upgrading of mooring facilities on a portion of Section 28, T6S, R10W, S.B.B.M., Banning Tract, Zone C -1 -H. The Clerk stated that notice of hearing had been duly published and posted. The Clerk read a report from the Planning Commission finding that the granting of Use Permit No. 342 would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City. The Planning Commission granted the Use Permit subject to the following conditions: (1) One off- street parking space must be provided for every two moorings; (2) there shall be no boat rentals or charter boats; (3) there shall be no boat launching; (4) sanitary facilities must be provided in accordance with specifications of the City Engineer; (5) the final plans for this project must be approved by the City Engineer. Mr. Earl W. Stanley spoke from the audience stating that his Application for a Use Permit was to change and improve the moorings at the Mo- BO'Tel yacht anchorage. Mr. R. L. Dahlgren, President of the Balboa Coves Community Association, addressed the Council and asked whether or not Council- man Higbie was the applicant's attorney. Councilman Higbie stated that he did not represent Mr. Stanley in this matter, but did represent him in some other matters. After discussion, Mr. Higbie volunteered to step down from the Council for-this hearing, and he thereafter did not participate in the discussion or voting. The question was raised as to whether or not the subject Use Permit was the same as the one recently considered under the name of Featureline, Inc., which had been denied by the Council. Mr. Stanley explained that he had submitted his Application for Use Permit since he was the owner of the property involved and, should it be denied, he would have legal recourse. Mr. James Edwards, Jr., spoke from the audience and stated that the issue was the same as that decided by the Council on June 10, 1957, when.the Application for Use Permit of Featureline, Inc., was denied. He stated, among other things, that the Application should be denied for the following reasons: A ' commercial business as proposed in a residential area would depreciate property values; that the Stanley property was zoned C -1 -H at Mr. Stanley's request since the property had highway frontage; that efforts are being made to upgrade the residential area; that the channel has only forty to forty -five feet of usable water and the mooring of boats, additional to the existing moorings, would endanger children swimming in the area and would cause pollution of the waters; and that the use of the property as proposed would be detrimental to the. health and safety of the residents in the area. Mr. A. R. Cubbage spoke from the audience opposing the granting of the Use Permit. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, the hearing was closed. Councilman Hart stated that he had examined the property and was concerned with the proximity of the proposed moorings to the area being developed for a childrens' bathing area. He believed it was "no place for a commercial enterprise." Councilman Stoddard agreed with Councilman Hart. Councilman Ridderhof stated that he did not believe that this would be a detrimental use of the property. ' On motion of Councilman Hart, seconded by Councilman Stoddard and carried, the decision of the Planning Commission was reversed, and the Council found that it would be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the neighborhood of such proposed use, or would be detrimental or injurious to property and improvements in the neigh- borhood or to the general welfare of the City, by the following roll call vote, to wit: Statements of Council- man Wilder.- Roll call vote. Recess. Publ -ic hearing re Use Perm; t No. 342 Earl W. Stanley. Report of Planning Co�ssion re se Permit Lo. Statements of E. W. Stanley. Councilman Higbie stepp�?f� own rom the Council. Question raised as to Feature ine, Inc. Statements of Mr. tan ey re ega recourse. Statements of James E war s, r. A. R. Cubbage oppos9i:; Use Permit. Hearing closed. Statements of Council man Hart. C. Stoddard agreed. Statement of Council- man Kiaaernor. Motion to reverse ecislon of anning Commission. Hearing re vacation AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Hill ��t g_o�_��rrt�ion of a NOES ", COUNCILMEN: Ridderhof venue. ABSENT, COUNCILMEN: Higbie C.. Higbie returned. Councilman Higbie rejoined the Council at this time. Opening of bids for The Mayor announced that this was the time and place for the installation allationof sub- opening of bids for the installation of a submarine water main , marine water main rom from Balboa Coves to Newport Island. The Clerk announced that two Balboa Coves to bids had been received and said bids were then publicly opened, Newport Island. examined and declared from the following bidders, to wit: Two bidders. Croft & Neville, Inc. $25895 Trautwein Brothers 4,280 Bids referred to On motion of Councilman Hart, seconded.by Councilman MacKay and _City Manager. carried, said bids were referred to the City,Manager for report and recommendation at the next Council meeting. Hearing re vacation Ma or Hill announced that this was the time and place for persons ��t g_o�_��rrt�ion of a who wished to be heard to object to the vacation and abandonment of a venue. portion of Bay Avenue in the East Side Addition to Balboa Tract, (Bay or ering vacation, Avenue easterly from C Street to G Street), in the City of Newport adopted. -dam. Beach, as set forth in Resolution of Intention No. 4681. The Clerk stated that notice of said hearing had been,duly published and posted, and that no written protests had been received. No protests were made. Compliment letter On motion of Councilman Wilder, seconded by Councilman MacKay and rom f omas A. Henry. carried, the hearing was closed. On motion ^of Councilman MacKay, - seconded by.Councilman Hart and carried, Resolution No. 4687, ordering said vacation, 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 ADDITIONAL,BUSINESS Communications. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the following communications were ordered filed: Comm liment letter 1. Letter from Mrs. Betty Reynolds complimenting rof m MrsBetty the Lifeguards, particularly Bob Peters, the Rey no s. Fire Department and the Coast Guard for efficiency and fast thinking in trying to save the fourteen year old boy who drowned on August 11, 1957. Compliment letter 2. Letter from Mr. Sheldon F. Craddock, 236 mom S. F .Craddock. Heliotrope Avenue, Corona del Mar, as follows: "Congratulations'. The new plan for control of the Corona del Mar State Beach and the upland parking is a wonderful improvement." Notice that the case of 3. Letter from Chase, Rotchford, Downen & Drukker, Joan C.. Smith a be Attorneys representing the insurance carrier reset for tril on for the City of Newport Beach, stating that October , the case of.Joan C. Smith vs. the City of o oise. Newport Beach, Orange County Superior Court Action No. 69482, had been reset for trial on October 23, 1957. Compliment letter 4. Letter from Thomas A. Henry, 114 Walnut, , rom f omas A. Henry. Fullerton, property owner on Balboa Island, - expressing appreciation for "the excellent cooperation we have received from the Police Department in the past several weeks;" further stating that the presence of a uniformed officer patrolling- on foot will solve the problems in the heavily congested area. Letters and pp_e___t__i��__t�i__o_n_s 5. Letters and petitions from property owners re i iI in` t— Grand on Balboa Island opposing the proposal in Cana r-7 the Master Plan to fill in the Grand Canal, from the following: Mary E. Waters, Kenneth F. Morgan, Country Cousins Market, Inc., Constance A. Arline, Luella Hemphill, Pearl K. McInnis, Floyd G. Eubanks, and Mary Sue McGary. Alcoholic Bev�era a 6. Copy of Application for Alcoholic Beverage License - John License of John S. Ervin, Reb's Place, 2911 -13 Re s Place. so Vol n Newport Boulevard, Newport Beach, for on -sale is erman s Playful beer; Planning Staff had advised the applicant o oise. that it will be necessary to secure a Use Permit from the Planning Commission; and a copy of Application for Alcoholic Beverage License of Donald H. Dickerman, Don Dickerman's Playful Porpoise, 4323 West Coast Highway, Newport . , Beach, for on -sale beer and wine; Use Permit granted by the Planning Commission on August 22, 1957. The City Manager presented an Application for License of Balboa Application for Inn, Inc., George C. Walther, Manager, to conduct the business of a �ncen` s� of �3alBoa restaurant with on -sale alcoholic beverage at the Balboa Beach Hotel, Inn, Inc. Gypsy Cellar, 105 Main Street, Balboa. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said Application was approved. ' On motion of Councilman Wilder, seconded by Councilman Stoddard Further and carried, the following communications were ordered filed: communications. 1. Letter from Joel E. Ogle, County Counsel, Re action filed by stating that an action has been filed by Orange County the Orange County Flood Control District in F1oo Cow the Superior Court, Orange County, to acquire District. ct. - certain properties needed for the right of way for construction and maintenance of a flood control channel; stating that since the proposed improvement will require acquisition of approximately 3.3 acres of City -owned property in the vicinity of the Santa Ana River and Coast Highway, the City of Newport Beach has been named a defendant in the suit. 2. Letter from the Pacific Telephone and Telegraph Re a9plication for Company putting the City on notice that said rate increase company has filed with the Public Utilities Pack Ye e o e Commission an application for authority to and Te egrap increase certain intrastate rates and charges Company. applicable to telephone service furnished within the State. On motion of Councilman MacKay, seconded by Councilman Hart and Letter from Roger carried, a letter from Roger B. Van Pelt requesting "the removal of Van Pe t re ' the float and boats that are a part of the pier" extending over his removal of float property at 905 East Bay Front, was referred to the City Manager. and boats. On motion of Councilman Hart, seconded by Councilman MacKay Application of and carried, the application of Messrs. Couch, Bucknell, Holder and Couc uccne 1 Grout, to construct a 10'x30' addition to the existing float bayward Ho l ec r and Grout of a portion of Block D, Corona del Mar Tract, located at 2319 or addition to Bayside Drive, Newport Beach, was granted as set forth in a letter existing float. from J. B. Webb, Public Works Director, and as recommended by the Joint Harbor Committee. On motion of Councilman Wilder, seconded by Councilman Stoddard Further and carried, the following communications were ordered filed: communications. 1. Letter from Walter Longmoor, Chairman of the Report of Planning Planning Commission, submitting annual report CZON6 iori�or covering activities of said Commission for the gsca year 56 -57 fiscal year 1956-57. 2. Letter from Gordon McClellan commending the Compliment letter courteous and efficient services of the rom Gor on representatives of the Lifeguard, Fire and McC -el Police Departments, which services were rendered on August 9, 1957, when a gentleman had a heart attack at the Dolphin Club. 3. Letter, bearing nine signatures, commending Compliment letter Lifeguard Fred Thomas, assigned to the 10th commending Fred — ' Street ocean station. _T omas, _ETFeguard. On motion of Councilman Ridderhof, seconded by Councilman Hart Action deferred re and carried, action was deferred regarding further consideration of Pacific Electric negotiation for the acquisition of Pacific Electric "Y" property for 'Y property. off - street parking, street widening and street extension purposes. On motion of Councilman Hart, seconded by Councilman Wilder and Statement of Policy carried, the Council adopted, in principle, a Statement of Policy, re Capital Ymprove- dated August 23, 1957, entitled "Information Statement Regarding A ment�$rogram Capital Improvement Program For 1957 -58 Fiscal Year," copy of which a opts . is now in the file in the Clerk's office entitled "Council Policy and Action Adopted in the Fiscal Year 1957 -58." A statement entitled "Condition of Fund Surpluses at July 1, Condition of Fund 1957," and an t1Analysis of Surplus by Funds," were ordered filed, Surpluses and na- on motion of Councilman Wilder, seconded by Councilman Ridderhof and lysis oSurplus carried. by kuncrs presented. Resolution No. 4688, being a resolution fixing the tax rate for R -4688 adopted, the 1957 -58 fiscal year at $1.24 per $100 of value, was read by the YRing tax rate at Clerk. On motion of Councilman Wilder, seconded by Councilman Hart 00E and carried, Resolution No. 4688 was adopted by the following roll value. call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill ' NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Public hearin con- A letter from Austin Sturtevant, requesting postponement of tinue re r adoption of Ordinance No. 830, (on the agenda to be presented for swimming pools. public hearing and second reading) regarding regulations for swimming pools, was presented. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, action was deferred and the public hearing regarding Ordinance No. 830, was continued to September 10, 1957. R -4b89 re depart- Action regarding Resolution No. 4689, listing department heads ment ads, deferred. and other key positions to be exempt from certain provisions of the Compensation Plan, was deferred until the next Council meeting for clarification of wording. Resubdivisions. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the following Applications for Resubdivision were approved: No. 55 Wm. D. 1. Application for Resubdivision No. 55, William D. P o�w en, III. Plowden, III, 5204 and 5206 Neptune Avenue, Lots 9 and 10, Block 52, River Section, Zone R -2, for the creation of two R -2 building sites;, previously approved by the Planning Commission. No. 56 Charles D. 2. Application for Resubdivision No. 56, Charles D. Wagner.- Wagner, N. W. corner Balboa Boulevard.and K Street, Balboa; Lots 12, 132 14 and 15, Block 27, Section: Eastside Addition to Balboa, Zone R -1, for realignment of lots and creation of two lots facing Balboa Boulevard; previously approved by the Planning Commission. No. 58, Mr. and Mrs. 3. Application for Resubdivision No. 58, Mr. and Mrs. S. Jones. S. Jones, 2697 Cove Street, Lots 5 and 13, Block A -32, Tract: Corona del Mar, Zone R -1, for realignment of property lines; Lot 5 has existing residence and garage which encroached Lot 13; previously approved by the Planning Commission. Resubdivision On motion of Councilman Wilder, seconded by Councilman MacKay enie and carried, the following Application for Resubdivision was denied: . No. 59 Mrs. Ledia Application for Resubdivision No. 59, Mrs. Ledia Strot Hers. Strothers, 540 E1 Modena Avenue, Zone R -1, Lots 11 and 12, Block 27, Tract: First Addition to Newport Heights; for realignment of property lines so as to create two lots, one facing E1 Modena Avenue and one facing 15th Street; previously denied by the Planning Commission on the basis that the Commission felt it would be very poor planning, since various buildings on the lot would become non - conforming due to setbacks, lack of garages, et cetera. Ordinance No. 829. Ordinance No. 829, being Establishing setback AN ORDINANCE ESTABLISHING THE BUILDING SETBACK Ines. LINES OF CERTAIN REAL PROPERTY IN THE CITY OF NEWPORT BEACH, Hearing held. (Blocks 24, 25, 26, 27 and 28 of East Side Addition to Balboa Tract; Blocks �lnance No. 829 0, P, Q, R, and S, of the Bay Front Section of Balboa Tract), was presented adopted. for second reading and public hearing. Mayor Hill opened the meeting for protests to the adoption of said ordinance. No one spoke from the audience. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the hearing was closed. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the second reading of said ordinance was waived. On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, Ordinance No. 829 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 R -4691 adopted, An excerpt from the minutes of the Boundary Commission, regarding the Intention to annex "Acacia Street Annex," stating "that the boundaries of the proposed annexation "Acacia Street nex" are reasonably definite and certain, although it cuts property illogically," and setting hearing recommending that a portion of Tract No. 706 lying northeasterly of Palisades Octo er 14, 1957. Road, be included in the.annexation, was presented. The City Manager stated that in view of The Irvine Company's reluctance to include the portion suggested, it would be advisable to proceed with the annexation as previously proposed. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Resolution No. 4691, being a Resolution of Intention to annex certain property to the City of Newport Beach, the "Acacia Street Annex," and setting the hearing thereon for the 14th of October, 1957, 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 Appropriation The City Manager presented Appropriation Request No. 57- 58 -29, in the Request - -29. amount of $1103.75, from Council - Expense N. 0. C. to Council - Professional Services, Legal; to provide funds for services of OiMelveny & Myers re Joint Powers Agreement Expense as per agreement of April 18, 1957. On motion of Councilman Stoddard,seconded by Councilman Hart and carried, said Appropriation Request was approved. n W Mayor Hill expressed appreciation of the Council for the services of E. A. Crary as Acting City Attorney for the evening. On motion of Councilman Ridderhof, seconded by Councilman Higbie and carried, the meeting was adjourned. a- ^'�� ATTEST: 'City ulerx September 10, 1957 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 Hill; Councilman MacKay being absent. On motion of Councilman Stoddard, seconded by Councilman Wilder and carried, the reading of the minutes of August 26, 1957, was waived, they were approved as written and ordered filed. COMMUNICATIONS The Clerk read a letter from Karl Lynn Davis, stating that he had been appointed a Judge of the Superior Court of Orange County and therefore tendered his resignation as City Attorney of the City of Newport Beach, effective September 10, 1957. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the resignation of Mr. Davis was accepted with regret and the City Clerk was directed to write an appropriate letter expressing the appreciation of the Council for excellent services rendered by Mr. Davis as City Attorney, and to forward to him the Council's Certificate of Appreciation. The Clerk presented a letter from John C. Penney, who, in essence, declines to serve as City Attorney and offers to serve as Acting City Attorney until the vacancy in the office can be filled. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, Resolution No. 4692, being a resolution appointing John C. Penney Acting City Attorney at a salary of $650 per month, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT., COUNCILMEN: MacKay On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, the letter from John C. Penney was ordered filed and appreciation was expressed for the fine services rendered by Mr. Penney as Assistant to City Attorney Karl Lynn Davis. It was stated that Mr. Penney's services, though in the background, had been equally as trying and as well done as the City Attorney's. A letter was presented from the State of California, Division of Highways, District VII, regarding street and highway plans. On motion of Councilman Stoddard, seconded by Councilman Higbie and carried, said letter was ordered filed. A letter was presented from the Shoreline Planning Association of California, Incorporated, requesting nominations of members to serve on its 1957-58 Board of Directors, said nominees to be candidates in a forthcoming election to be held at a convention in Santa Monica, September 26 ® 28. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Mrs. Mary Burton was appointed a nominee of the City of Newport Beach to the Board of Directors of the Shoreline Planning Association of California, Incorporated; it was directed that she be requested to serve as a representative of the City of Newport Beach at said convention; and the necessary expenses of Mrs. Burton, incurred through her attendance at said convention, were authorized for reimbursement. A letter was presented from M. C. Norman appealing from the decision of the Planning Commission denying Variance Application No. 401 of Maurice C. and Lola A. Norman for waiver of side yard setback in order to permit the construction of a stairway to a second floor apartment at 124 Pearl Avenue, Balboa Island; Lot 22, Block 7, Tract B-1, Zone Rm2. On motion of Councilman Stoddard, seconded by Councilman Hart and carried, the matter was set for public hearing on October 14, 1957. 9 -preciation to Attorn� ram Adjournment. Regular session. Roll call. A. roval of mini t;=: ot August 6 > -_r9 5 Resignation of Karl 7 ynn Davis as �Jt;7 ..ttornev . effective Sit` m er 0 _ 1957 R °4692 adopted, appo Ana Bing John C. Penney ting City Attorney. Appreciation expressed ssedto Mr. Penney.._ State Division of HH gnways letter re street an ig way pians.. Mrs. Mary Burton appointed nominee 0_3E tfie Cit go Boar o . ! Directors f�S ore I ine ann� in,� Assoc. of C� aY ifornga e Ync Re Variance No 4. C. an Norman, set for 2ublic hearing on October 14, 19J/. J'�