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HomeMy WebLinkAbout05/25/1964 - Regular MeetingCITY OF NEWPORT BEACH Volume 17 - Page 303 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: May 25, 1964 Time of Meeting: 7 :30 P. M. Index COUNCILMEN s 9 a 0 y O Y m m O 0 Roll Call: Present • Roll Call: Present x x x x x x x The reading of the Minutes of the Regular Meeting of May 11, 1964, was waived; the Minutes were approved as written and Motion ordered filed. All Ayes HEARINGS: 1. Mayor Gruber opened the hearing regarding the appeal from the decision of the City Manager denying the reques 3�yr, of Sidney L. Soffer for entertainment and dincing permit ar.Z -ero for the Blue Beet at 107,- 21st Place, Newport Beach. The City Clerk presented a letter from Sidney L. Soifer dated May 19, a telegram from Lee Heater of Corona del Mar, and a letter from Arch Sellery of Corona del Mar in favor of allowing entertainment at the Blue Beet. Attorney Fred Cunard, representing Sidney L. Soifer, A_Zy spoke from the audience. He requested that the City % Index • F It T.� "�� =- C n&zd -acu-� w w t en r0._ ©,ilc nn-_s:^ lee.\ 7-77 .A� ze:. °sr _ =o:^ r;Lnc__ g WTr_� • -ce -se D; cdgsn monde: °� i! CA. <_77 i CITY OF NEWPORT BEACH Volume 17 - Page 304 IN_ .3r 10AA COUNCILMEN `ZPf A P � c vF Officer Richard S. Fox, Patrolman for the City of New - port Beach on plain. clothes. detail, spoke from the audi- ence. He listed various known users of narcotics, some of whom-had other criminal convictions against them, who frequent the Blue Beet. The following people were mentioned: John Lowell Miller, Paul King, Edward Martinez, Stephen Landis, Bruce Everett, David Pohlman, Norman Baldwin, Harry Jerome Hilliard, Albert Annin. Mr. Fox answered the City Attorney's questions and the was questioned by Attorney Cunard. Attorney Cunard requested that a temporary permit be granted the Blue Beet for one entertainer pending the outcome of the hearing, if continued. Mr. Soffer again spoke, saying that even. though known users of narcotics had visited his place, that they also visited the other bar such as,The Newporter and Stuft Shirt. The hearing was. continued to June 8, 1964. Motion x Ayes x x x Noes x x RECESS for five minutes was declared by Mayor Gruber. The Council reconvened with all members. present. HEARINGS (continued): 2. The City Clerk stated that the appeal from the decision of the City Manager denying permit for dancing to Blod- gett Enterprises, Inc. at 810 East Balboa Boulevard, Balboa, for "The Tender Trap" had been set for hearing at this time. A memorandum from the City Manager dated May 25 re- garding subject application was presented with the appea letter from Blodgett Enterprises, Inc. The City Manager stated that it would be proper to con - sider this matter as an Application for Business License requiring Council approval. James'A. Blodgett, repre- senting the applicant, spoke from the audience on behalf as of the applicant. The matter was set over to June 8 with the request that Motion x the applicant give more precise information. All Ayes Councilman Elder made a motion that the staff be dir- Motion x ected to furnish the applicant a statement of reasons for Ayes x x x the denial of applications. Said motion failed to carry. Noes x x x x ayor ATTEST: —I City Clerk P® ®o 304 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 305 s a 9 O 0 0 O 9 m m O O y Z f p p �c a Index MA. 7F. 1Qf,4 � f 0 o p ORDINANCES FOR INTRODUCTION: 1. An Ordinance, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAPS NOS. 45 AND 46, REZONING PROPERTY, AND AMENDING DISTRICT MAP NO. 22, rezoning Parcel 1 from Unclassified to R -3 -B -2 and Parcel 2 from Unclassified to R -4 -UL; located west of Superior Avenue and north of Coast Highway, Planning Commission Amendment No. 180, was rediaried for Motion x consideration on June 8. Ayes x x x x x x bstained rom voting x 2. An Ordinance, being �PA v • AN ORDINANCE OF THE CITY OF NEWPORT n .P BEACH REPEALING ARTICLE X AND SECTIONS --Ssn 4245, 8118, 8119, 8120, 8121, AND 8122 AND AMENDING SECTION 8117 OF THE NEWPORT BEACH MUNICIPAL CODE AND ENACTING A NEW ARTICLE X RELATING TO HARBOR AND OCEAN REGULATIONS, was presented with a memorandum from the City Attor- ney dated May 21 concerning proposed revisions to cer- 7V tain sections of the proposed Ordinance. The matter was diaried for consideration on June 8. Motion x All Ayes C,i08W 3. Ordinance No. 1088, being AN ORDINANCE OF THE CITY OF NEWPORT • BEACH AMENDING SECTION 8101 OF THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO DWELLING FLOOR AREA, `'7:SZ was presented with a memorandum from the City Attor- ney dated May 19, 1964. %:O Ordinance No. 1088, stipulating in part that no person S. un ll ,_i shall erect, construct or move into the City any dwelling ` =oav° which contains less than 600 square feet of floor area on at least one floor thereof, was introduced and passed to Motion x 16 0 v 5g second reading. Roll Call: a': `ya9 Ayes xxxx x x M or • ATTEST: lCitA Clerk Page 305 Index 9 -- C -1087 ;'dNf y y LPV, n LJ � Sv : s ° O? _Cc CL 30 n ? 'A.. .30 �Y or_ z:°2_v p—o ?_z y I 0 ^�M n 1356 v� y • CITY OF NEWPORT BEACH Volume 17 - Page 306 May 25, 1 ORDINANCE FOR ADOPTION: Ordinance No. 1087, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3250.3 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO CORONA DEL MAR ONE-WAY STREETS AND ALLEYS: amending the Code to include in. the Corona del Mar one - way streets and alleys, Pacific Drive between Acacia Avenue and Avocado Avenue as a one -way street for northwest bound traffic only, was adopted. CONTINUED BUSINESS: 1. Further consideration of Revised Pier Permit Policies and Standard Drawings Prepared by Committee to Study Cost of Administration of Pier Permits, was rediaried for consideration on June 8, the staff being instructed to make the corrections as authorized by the Council in the afternoon Study Session. COUNCILMEN Motion Roll Call: Ayes Motion All Ayes The Council requested that the Planning Commission Motion study the possible need and desirability of adopting park- All Ayes ing requirements in connection with dry boat storage on private property. 2. It was directed that Resolutions accepting Grants of Eae - Motion ment from Newport Harbor Union High School District All Ayes and The Irvine Company be deleted from the Agenda un- til the documents are ready for Council action. 3. A memorandum from the Harbor Policy Committee da May 20 regarding Pier Permits and Progress Report, was ordered received and filed. In connection with said memorandum, the following Ap- plications were considered- (a) A- 1366 Lido Isle Community Association Adjacent to Lido Isle Bridge, Newport Bea Application to construct floats adjacent to storage area. Drawing for this application was referred by the Joint Harbor Committee to the Harbor Policy Committee. ATTEST: Page 306 Motion All Aye e s\ Y N Z D N � Ell X Elm CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 307 s a y Amp m o Index oammoc+y Ma 25 1964 < <pmx as • ay �Vc F�° r Tam a'a}: L. ^:2n P,-_3p NA Se a� x Haa .'oi_ 7's Z-1f J -- _-.n. :-- �0 1 T C0ni , The recommendations of the Harbor Policy Committe ?cG were approved and Application No. A -1366 was ap- Motion x proved with the additional condition.that the Public All Ayes Works Department approve all plans and specification i, specifically approving the sewer pump station. 395 (b) A- 1395 Frank Riemer ig 311 East Edgewater, Balboa Bayward of Lot 13, Subdivision Block C, Newport Bay Tract Application to construct groin fence. Recommended for approval subject to the following conditions: (1) That the drawing be approved by the Engineering Division; (2) repairs and /or replacement of fence will be made by the owner when determined by the Public Works Department. Frank Ri.emer spoke from the audience. It was pointed out that maintenance of the proposed fence and deterioration of it would create a problem, and consideration was given to the fact that a prece- dent might be set if the application were approved, for similar installations along Edgewater. �d The application for Pier Permit No. A -1395 was Motion x 1_30 denied. Ayes X X X X X X Noes x 4. The application for sign permit of Newport Fuel Service, ^o' Inc, by George H. Collings, President, for signs at 503 East Edgewater Avenue and a letter..dated May 15 from Newport Fuel Service, Inc,, were presented. Don Frank - 4�;. lin spoke from the audience. V,, cam~ app-,-:)v The application was approved. Motion x C 7 3 All Ayes It was directed that the Harbor Policy Committee, con- Motion x cy sisting of Councilmen Parsons and Forgit, take under All Ayes 3.3 consideration some guide lines for size of the small as of signs which they would permit, considering number, 1 total area, and size. :is 5. A memorandum was presented from the City Manager dated May 20 regarding an emergency interconnection between Santa Ana Heights Water Company System and the City of Newport Beach Water System. The recom- =_`d mendations of the City Manager that the City notify the ^.A Santa Ana Heights Water Company that the City of New - :: �St port Beach is not interested in a permanent interconnec- tion at this time, were approved, and it was directed that Motion x the memorandum be received and filed. All Ayes sec`_s n ff _S '_r 2 N10119or ATTEST: ity lark Page 307. CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 308 i s G z A f Index M2,, 7QF4 a aYu:_ Sa.•y�r r. ^ %7 VF_ Cz s 1-D S DZ?7 D Or R2c^con S ,. • Y ro-,D A"�9Gy rnW Jt" • Chi; *Ay�m vE 76; :cyaT- =cis .-a Kcfor Enz,: °.an • 6. A memorandum from the City Attorney dated April 20, 1964 regarding private street problems, was referred to Motion x U the Planned Residential Development Committee. All Ayes 7. A report from the City Manager dated May 22, 1964 re- garding proposed vacation of public utility easement in an abandoned portion of Beacon Street, was presented. The recommendations of the City Manager were approved, and Resolution No. 5968, being a Resolution of Intention of the City Council of the City of Newport Beach to vacate a portion of a utility easement in that portion of Beacon Street lying between La Jolla Drive and Catalina Drive over which the street easement was vacated by Resolution No. 4564; setting the hearing .for June 22, 1964; was Motion x adopted. Roll Call: Ayes xxx xx xx CURRENT BUSINESS: 1. The City Manager's Proposed Annual Budget for the fiscal year 1964 -1965 was presented. The document was received and set for discussion at an Motion x adjourned meeting on June 1, 1964 at 1 :30 P. M. , to be All Ayes discussed from 1:30 to 4:30 P. M. and from 7:30 to 9:30 P. M. only; and the matter was set for public hearing on June 8, 1964 at 7:30 P. M. 2. The City Clerk was instructed to publish a notice invitinE Motion bide -to be received at, or before, 7:30 P. M. on June 8, All Ayes 1964, to contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach during the ensuing fiscal year. 3. A memorandum from the City Attorney dated May 14, 1964 regarding the two Charter Amendments ratified by the voters at the general municipal election on April, 14, 1964, was ordered filed. Motion x All Ayes 4. A letter from Royal Globe Insurance Company dated May 13, transmitted by Jay and Renfro, reminding the City that the limit of liability under the City's coverage for the complaint filed by Morones, et al. vs, the City s is $500, 000, and that since the claim is in excess of that, any judgment in excess would have to be paid by the City, was ordered filed. Motion x All Ayes ayor ATTEST: mJL.a.Dii.. c7- cSkn�o.,._J.l _ City Clerk Page 308 I Index • re -,rnc oA ._._. ^�4 S C �1 5: -x�I So. ^�: ,or9� n �3 . So C -% CCs ::s CA .5! 11 °596! s &.ye 28 --1x& ZBZ 3'? 8_1 30 3x"Ga 2: acci.^ ylayrort YJ/tl Y= :ode 'Y 13` So.YYe. - .LLo `� -2 • CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 309 5. A letter from Planning Director J. W. Drawdy dated in Z O pl O Y m m O A O 0 0 y N f A A f• :, po 5. A letter from Planning Director J. W. Drawdy dated May 11 regarding a request for a refund of filing fee by 8 William B. Malouf, was presented. The Council con - curred in the recommendations of the Planning Commis- Motion x sion and authorized the Finance Officer to refund the All Ayes $50. -m 6. The second Interim Report from Ira N. Frisbee & Co. dated May 11, 1964, regarding examination of the finan- cial condition of the City, was ordered received and filed. Motion x ce All Ayes 7. A memorandum from the City Attorney dated May 20 re- garding sale of South Coast property, was presented. Mr. R. C. Greer spoke from the audience. Considera- tion of the matter was continued to June 8 and the Coun- Motion cil approved the request of Anthony Pools that the prop- Ayes x x x x x erty be resubdivided into two parcels. ALbBtained rom voting x 8. A memorandum from the City Attorney dated May 20 re- tr.- J�,sgarding the claim against Southern Counties Gas Com- e, pany, indicating that the $800 had been paid in full by the Gas Company, was ordered received and filed. Motion x All Ayes ' 9. Resolution No. 5969, declaring certain real property to be surplus, authorizing its sale and setting out the pro- Motion x cedure for sale; offering City -owned property at 28th Roll Call: v and Newport Boulevard for sale at $78, 500, being Ayes x x x x x x "Parcel H" as identified in Resolution No. 5869 and as identified in subject Resolution; setting the sale thereof on June 22, 1964, was adopted. 10. The expense accounts of Mayor Gruber, Councilmen C Marshall, Forgit and Parsons for attendance at Mayors and Councilmen's Institute May 17 - 19, 1964 were ap- Motion x ,;r a proved, with the expense account of Councilman Marshal All Ayes e x t e n d i n g to May 20 to include a League Committee meeting. 11. A memorandum from the City Clerk regarding the occu- pations of the members of the Building Code Board of s ' Appeals was ordered received and filed. Motion x All Ayes 12, Resolution No. 5970, approving and endorsing the Paci- Motion x fic Southwest Project Bill (S -2760) pending before Con- Roll Call: 1 gross, was adopted. Ayes Xxxxxx ayor ATTEST: Cit Clerk Page 309 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 310 0 Y p p f G f O 0 O O 9 m m O G1 Y Index May 25 1964 n <s. �9 • T', - G, s; 1'.1L 1 l g 0/ �c CA S� 2a v� 4 �T'�;^ov ger were concurred in and Pier Permit No. A -1396 was Motion x y approved subject to the following conditions: (1). That the All Ayes o coy ? permit be issued for a six - months period only; (2) That provisions, be made for a six - months extension at no additional cost in fees upon application in writing to the Public Works Department; (3) That a bond or surety be deposited with the City to guarantee the removal of the pier and float at the expiration of the permit period. 14. Consideration of a petition of six persons in the "Moden c Wa< Annexation" requesting that the Council reconsider pro - °'x ceedings for the annexation of the territory northerly of .ofl 21st Street, southerly of 22d Street, easterly of Tustin ' Avenue, and westerly of Irvine Avenue, was diaried to Motion x June 8. All Ayes 15. A letter dated May 22, 1964 from Planning Director J. : ^-r. W. Drawdy stating that the Planning Commission recom- scns mends. approval of Revision No. 2 of Use Permit No. 971, 971 filed by George Holstein and Sons, for a Planned Resi- dential Development in the East Bluff area, was present- ed. The recommendations of the Planning Commission were concurred in with reference to a revision of Use Motion x Permit No. 971 of George Holstein and Sons regarding All Ayes changing certain garages from being detached to being attached to dwellings. Mr. Paul Rife spoke from the audience wanting to know if some method could be arranged so that the work could be continued on the relocated garages without having to 53. wait for the recording of a new tract map. A discussion ' was had. The matter was referred to the staff for reco - Motion mendations to work out the Planned Residential Develop- All Ayes ment problem. TK Mayor Gruber suggested the appointment of Councilman �; my Marshall as the Council representative on the Planning _,. . d Commission Committee for Planned Residential Develop j�. ment. Said appointment was confirmed. Motion x 40 All Ayes Lar y 17. The appointment by Mayor Gruber of the Salary Commit st:e tee comprised of Councilman Stoddard (Chairman), b Councilmen Parsons and Elder, was confirmed. Motion x All Ayes ' M or TTEST: C ty Clerk Page 310 13. A memorandum from the City Manager dated May 21 re- 3 g garding Application for Pier Permit No. A- 1396 of The P I Irvine Company to install a pier, ramp and slip for moor - - ing of a boat during the filming of a television series, vCo. w was presented. The recommendations of the City Mana- CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 311 s a 7 0 p N f C( 0 13 O Index ov mmocq Ma 25, 1964 � � r A� a a • APPLICATIONS FOR LICENSE: app` The following Applications for License were approved: Motion x .0 All Ayes 1.'James E. Cox, 2652 Basswood Street, Newport Beach, ;ox for eight billiard tables, Sport Center, 3113 Newport Boulevard, Newport Beach. 2. Nicholas Ursini, 1338 Padonia, Whittier, for beach ren- 'l fS' Y' _ tal equipment, surfers (no surfboards), umbrellas and back rests, at The Surfer, 2200 West Ocean Front, New- port Beach. COMMUNICATIONS - REFERRALS: rn, ?? cya; s' Ass 0C 1. A letter dated May 19 from Jimmy D. Larsen, President -C'P of the Newport Beach City Employees' Association, was •e` presented, requesting that the Council adopt a Resolution Change changing the holiday schedule, requesting that the Friday ?_ 1 ;,:_ r ay preceding a designated holiday which falls on Saturday be sched xl.. declared a legal holiday. Jimmy Larsen spoke from the audience. The request was denied. Motion x All Ayes Z. The following communications were ordered filed: Motion x All Ayes (a) Letter from Mrs. John H. Page, Secretary- Treasur- F? c er of the Newport Heights Improvement Association, stating that said Association held a meeting on April 28 and unanimously endorsed the Parks, Beaches and o Recreation Department in their opposition of the Coastal Freeway; stating that the Association feels that should a Freeway be vitally necessary, it should be routed to the northerly section of the City. (b) Press release of Supervisor Alton E. Allen regarding a proposed inland route for Pacific Coast Freeway. BUDGET AMENDMENTS: 3;pdgez The following Budget Amendments were approved: Motion x "Mand_ All Ayes wnia 1. No. C -58, in the amount of $10, 000 (increase in Unappro- ,A 102 priated Surplus), being an increase in Revenue Estimate for increase in estimate of Sales and Use Tax. 2. No. C -59, in the amount of $6500 (decrease in Unappro- priated Surplus), being an increase in Budget Appropria- tions for additional patching in Shorecliffs (Contract No. C -893); from Unappropriated Surplus General to General Services Streets, Street Resurfacing. ayor ATTEST: Cit9i Clerk page 311 Index Va4 C�. ZT acr R A II:.J P-Xs 9 1 aLi CA v , Co_ �A • S aI:_ Jw oua se on bee CA • CITY OF NEWPORT BEACH Volume 17 - Page 312 COUNCILMEN cc ovmmoc�' • ADDITIONAL BUSINESS: -g- 1. The City Manager was granted permission to be on vaca- Motion x tion'June 3, 4 and 5. All Ayes 07 2. The staff was authorized to assist the residents in New- Motion x 4n:s port Heights with the preliminary procedures for the All Ayes "ss formation of an assessment district for improving the 23 alleys in that area and an advance not to exceed $500 to handle any preliminary legal services necessary with the understanding that this charge would be carried by the assessment district, was approved. COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x All Ayes 1. Copies of Agendas of the Orange County Board of Super - 53 visors meetings held May 12, 13, 19, 20. 2. Copy of Resolution of the Orange County Board of Super - 'ans ,.` visors adopted May 6, 1964, approving the exchange of & lands between the County of Orange and The Irvine Com- pany as shown on Exhibit C in the Orange County Harbor District Report filed with the Board on March 31, 1964; 7C directing further action as to processing a formal agree- ment. 3. Letter from John E. Lawson, Vice President and Caener c® � al Manager of Philco Corporation, expressing a PP recia- .sec tion for the cooperation extended to Aeronutronic by the City employees during the recent traffic congestion 03 caused by the burning and subsequent closing of Jambo- ree Road Bridge; specifically commending Jake Mynderse, Chief Glavas, and City Manager Robert Coop. 4. Copy of a Resolution of the Orange County Board of Super - Zones visors adopted May 12, 1964, designating "Ski Zones" er Bay and "Speed Zones" in Upper Newport Bay, 7C S. Resolution of the Orange County Board of Supervisors, �a acting as such and also as governing Board of the Orang County Harbor District, adopted April 29, 1964, stating Vic. that the responsibility for lifeguard service on the ches beaches of Sunset Beach, Santa Ana River Beach, South 51 Laguna Beach, Three -Arch Bay Beach is assigned to the Orange County Harbor District, and making a direc- tive to the County Auditor. y >fayor ATTEST: VCity Clerk Page 312. CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 313 s 0 O 0 Index rrn., 7F 10AA o f m m o e p no cv � M@ n, g nn rtn vL -d Id nth sus°& for such awards was open to some 1200 local Health De- 172 y'_72 partments from Coast to Coast. 7. Report from the Department of Public Works Division of s i_ax �dv Highways that the quarterly apportionment of gas tax 71, funds to the City of Newport Beach for the period ending March 31, 1964, is $29, 378. 48 and the payment being made for this period is $7, 639. 92. 8, Excerpt from the Minutes of the Orange County Boundar Commission regarding a proposed annexation to the City `x of Costa Mesa (Baker No. 6 - Corrected), located nor- therly of Baker Street, westerly of Bristol, southerly of 1.03 Paularino, indicating that the Boundary Commission finds the boundaries of the proposed annexation reason- ably definite and certain, ADDITIONAL ITEM: Councilman Forgit was granted permission to be absent Motion x sd ~d from the State from May 27 to June 5, All Ayes �T. • The meeting was adjourned at 11:15 P.M. to June 1, 1964 Motion x at 1:30 P.M. All Ayes ' LDW.M.. /-Mayor ATTEST: City q1erk I Page 313 6. Letter from Howard E. Hough from the Samuel J. Crum. tinge b bine Awards Jury, stating that the Orange County Health u °'-y D Department had won the 1964 National Samuel J. Crum - {o b bine Award for outstanding achievement in the develop - n m meat of a comprehensive program of environmental h1_ a h health and public food service sanitation; the competition