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HomeMy WebLinkAbout06/08/1964 - Regular MeetingS bo, 2; 11:�i RF ©: B3 EIS MC Lt 3r CITY OF NEWPORT BEACH Volume 17 - Page 320 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: June 8, 1964 Index Time of Meeting: 7:30 P. M. Place of Meeting- Council Chambers COUNCILMEN s P 2 f i xIx Roll Call: All K 39 Present The reading of the Minutes of the Regular Meeting of Motion May 25, 1964 and the Regular Adjourned Meeting of June 1, All Ayes 1964 was waived; the Minutes were approved as written and ordered filed. HEARINGS: 1, Mayor Gruber opened the continued public hearing ybAe regarding the appeal from the decision of the City °g 5^ Manager denying the requests of Sidney L. Soffer for entertainment and dancing permits for The Blue Beet at 107 21st Place, Newport Beach. Letters were presented from the following in favor of . granting subject permits: Harry M. Graff, Harry T. Conklin, Michael J. Kirsman, John Macaulay, Ray S Benford, Philip A. Kehoe, David J. Christison, Juk t `sera;, R. Hall, Jr., Robin G. King, Daniel L. Lewis, Terence 3Aa= Baldwin, M. W. Mayer, Jr. , Charles Grecian, Sherry Newsom, Alan Abrams, Charles M. DeVita, James C. Breese, Mrs. R, C, Stolte, Duane Morse, M. Chalfamt, Mary Stenson, Warren E. Nelson, H. D. Hoffman, William S. Sunderland, Jan Emgeles, Paul A. Harkless, Ken Keck, E. R. Atherton, Justin A. Nemic, David A. Ince, Mrs. Marjorie Fitzgerald, Donie Bailey, Roger Battersea, C. Rayer, R. Calline, John Hesselgesser, Jim C. Harsen, Steve Campbell, Eracy MCGuini Pete Smith, Ruth Hull, Nancy Wynn, Terry L. Davis, Bob Isherwood, David Dodson, Gary D. Shaw, H. Allan Seymore II, James C. Sommer, G. M. Hasbach, Ronald Q. Hall, Milo Ploof. . Attorney Fred Cunard, representing Sidney L. Soffer, summarized the reasons, as understood by him, the i:y nard City Manager had deniedSid Soff6r's requests for enter - tamment and dancing permits, Councilman Forgit made a motion that Sid Soffer's Applications for dancing and entertainment be granted. ^7•Qn Some Councilmen indicated a desire to hear all the g` °gin evidence proposed to be presented in the matter. sat •mss Councilman Forgit withdrew his motion. . c1mi s. Attorney Cunard requested that all witnesses be sworn oa3- in. Lt. James Broadbelt, who has been in command of the Narcotics Section of the Orange County Sheriff's Office, was sworn in by the City Clerk. Lt. Broadbelt then testified. Nff yor ATTEST: LIN \CitA Clerk page 320 xIx Index June 8 1964 3: d� p S: S� d 5:a 'h? Ya h:. JE 1 vrA CITY OF NEWPORT BEACH Volume 17 - Page 323 COUNCILMEN • in 2 0� O T m m O A 0 O C Y • During the City Attorney's cross - examination of the witness, the City Attorney presented a "flyer" from the Orange County Sheriff's Office which was entered into the record as Exhibit B. Attorney Cunard requested a recess to talk with his other witnesses. Mayor Gruber allowed the request. 2. The Council considered the matter which had been place ,01�2;s, _ on the Agenda as a continued hearing regarding the appeal of Blodgett Enterprises, Inc. from the decision = of the City Manager denying permit for dancing on P'n C - n P business premises located at 810 East Balboa Boulevard, Balboa; presently being considered as an Application for �� 3t License requiring Council approval. No one representing Blodgett Enterprises, Inc. was in . the audience. The Clerk presented letters from the Balboa Peninsula Point Association and the Balboa Improvement Assoc- iation, opposing the license. Councilman Elder stated that he felt the information revealed that the premises requested for a teenage night club would be inappropriate and would endanger the health and welfare of the community. It was brought out that some derogatory information 'C`J o had been received regarding one of the officers of . Blodgett Enterprises, Inc. who would be in a managing oe,Z. ` capacity on subject premises. Councilman Elder made a motion to deny the Application P on the basis of the information furnished. n.' d . Mr. Ralph Smith, an Attorney, spoke from the 177 audience. The Application was disapproved. Motion x Ayes x x x x Noes x x (See further action taken by the Council after the recess held later in the meeting.) Continued Discussion regarding Hearing 1: g con The hearing regarding the Applications of Sidney Soffer Sit"-' for dancing and entertainment permits for The Blue ifU -1LtS Beet, was reopened. Ma r �TTEST: ity Clerk Page 321 Index witness Beet exam 0' -"L'! _ce B ed ge • Cffioe'P Fox ��^y / XkI g" :°eMsons fo- d'n-, a Apps wer2 • A '177 foa g:l i casts reevode 2license 'fog plot sett disappyc • CITY OF NEWPORT BEACH Volume 17 - Page 322 COUNCILMEN t", F c o\ The following witnesses, duly sworn in, testified: Thomas H. Cooper, Balboa Island; John Valle- Riestra, Costa Mesa; Robin G. King, Costa Mesa; Tom Conklin, Newport Beach. The witnesses were cross - examined by the City Attorne . During the discussion, Mayor Gruber requested that a Newport Beach Police Officer's Badge be examined. Police Officer Richard F. Fox, Plainclothes Patrolman of the City of Newport Beach Police Department, furnished a Badge. He was then sworn in as a witness and a description of the Badge was read into the record by Officer Fox and Attorney Cunard. Attorney Cunard summarized his purported evidence to substantiate the request for subject permits. The City Attorney requested that he be permitted to present additional information he had received. Police Officer Fox again testified. The City Manager stated he had denied the Applications because the entertainment and the dancing would add to the interest of juveniles and tended, by the type of entertainment, to create the problems which the police records show existed in The Blue Beet. The hearing was closed. Motion x All Ayes The Applications for permits for dancing and enter- Motion x tainment were granted, and the City Manager was Ayes x x x x x overruled. Noes x x RECESS for 5 minutes was declared by Mayor Gruber. The Council reconvened with all members present. Further discussion regarding Hearing No. 2: Councilman Forgit explained that in voting on the Motion x Blodgett Enterprises, Inc. Application for License, All Ayes he had intended to vote to disapprove the License. To enable Councilman Forgit to vote against the License, the previous action taken in disapproving the Application was rescinded. The License was disapproved. Motion x ° Ayes x K XK x Noes x x V (See action as indicated on Page 321 of the Minutes. M or ATTEST- %Ult3il Clerk Page 322 Index 137V V prooty amts 116 & Bays -%& • iry Co �g:eyes iris -6tind imrov i%'&n.S • �� Aa ;3111 -�Lr 6L:• °65 CA 101 E CITY OF NEWPORT BEACH Volume 17 - Page 323 -/ . COUNCILMEN `ZAf oAAA F � A 3. The City Clerk presented for public hearing Ordinance No. 1086, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING g DISTRICT MAPS NOS. 15 and 37, rezoning Irvine Company property located on Jamboree Road and Bayside Drive from Unclassified to C -N -H; Planning Commission Amendment No. 182, with a letter from The Irvine Company dated May 28. A letter from the Balboa Island Improvement Assoc- iation dated June 6, 1964, opposing the proposed development of a large shopping.center on Bayside Drive in the vicinity of Jamboree Road, was presented. William Mason of The Irvine Company agreed, as requested, that The Irvine Company would rewrite its letter and would agree to extend the proposed improve- ment of Bayside Drive to provide for safe entry into Hirth Harbor and the Balboa Yacht Basin, and that at the time of development of the balance of Irvine property adjacent to Bayside Drive, The Irvine Company will provide the improvement and additional right of way on its side of the road for a 64 on 77 foot right of way. Mayor Gruber opened the public hearing in regard to subject Ordinance. Attorney Ralph E. Smith, Ed Steen and Lyle Vincent Finley of the Balboa Island Improvement Association, and William Mason spoke from the audience. The hearing was closed. Motion x All Ayes Ordinance No. 1086 was adopted. Motion x r Roll Call All Ayes x x x x x x 4. Public hearing and consideration of the City Manager's Motion x Proposed Annual Budget for the fiscal year 1964 -65 was All Ayes continued to June 15 at 1:30 P. M. Ma or ATTEST: City Clerk Page 323 Index - ® °1i 0 razor Sup 2 27 ffy • CA 1� O -7 01 n °�wbc xegu: a'stm • CA 7t C °4fT'. exc^_: tax c pr op dev. • CITY OF NEWPORT BEACH Volume 17 - Page 324 COUNCILMEN ., uaic o, i7uz ORDINANCES FOR INTRODUCTION: 3a 1. Ordinance No. 1089, being AN ORDINANCE OF THE CITY OF NEWPORT is ?rE, 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 we of Superior Avenue and north of Coast Highway; Planning Commission Amendment No. 180. A report dated June 3, 1964 from the City Manager was presented. Ordinance No. 1089 was introduced and set for public Motion hearing on June 22, 1964. Roll Call j All Ayes x x x x x 2. Ordinance No. 1090, being d Vi AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING ARTICLE X AND SECTIONS 4245, 8118, 8119, 8120, 8121, and 8122 AND )Z AMENDING SECTION 8117 OF THE NEWPORT ° BEACH MUNICIPAL CODE AND ENACTING A d� NEW ARTICLE X RELATING TO HARBOR AND OCEAN REGULATIONS was presented with revisions and a memorandum from the City Attorney dated June 4, 1964. ;mod Ordinance No. 1090 a s r e v i s'e d was introduced and Motion x passed to second reading. Roll Call All Ayes x x x x xx x The City Attorney stated that the proposed Ordinance should be transmitted to the State Small Crafts Harbor Commission along with the County Ordinance. .The suggested action was approved and authorized. Motion All Ayes 3. Ordinance-No. 1091, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 8 TO ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE ° RELATING TO EXCISE TAX ON PROPERTY DEVELOPMENT y was presented with a report dated June 3, 1964 from 149yor ATTEST: aCiyCl rk Page 324 Index • :A 107 °x "vcJ� T_`.Y_3S • zo r.g T� d2J° .1 ate ;ew `_sed 0A 100 • CITY OF NEWPORT BEACH Volume 17 - Page 325 COUNCILMEN J une_n the Financing of Capital Improvements .Committee. Ordinance No. 1091 was introduced, passed to second Motion x reading, and set for public hearing on June 22, 1964. Roll Call All Ayes i x xx x x The proposed revision of Policy for Financing Capital Motion x Improvements on Undeveloped Land within the City All Ayes was adopted. 4. Ordinance No. 1092, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING SETBACK LINES AND AMENDING DISTRICT MAP NO. 1, establishing building setback lines for Lots 1 through 12, Block 26, Lots 1 through 10, Block 12, and Lots 1 through 20, Block 11, of Tract 772, at five feet from Canal Street and five feet from the lot line adjacent to the old channel of the Santa Ana River; Planning Commission Amendment No. 184. The findings of the Planning Commission were presented. Ordinance No. 1092 was introduced and set for hearing Motion x on June 22, 1964. Roll Call All Ayes x x x xc x x ORDINANCE FOR ADOPTION: Ordinance No. 1088, being .AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 8101 OF THE NEWPORT BEACH MUNICIPAL CODE RE - LATING TO DWELLING FLOOR AREA was presented with a memorandum from the City Attorney dated June 5, 1964, suggesting a revision in said Ordinance. The proposed revisions of subject Ordinance were Motion x approved, and Ordinance No. 1088 as revised was Roll Call passed to second reading. All Ayes x x x 3cx x M r ATTEST: CIty Clerk Page 325 I Index • �c1fii2 CA 101 1ega1 n lJ =5972 KE New; ?Tess Dz1y :,?i_0 t CA 169 C -912 • • _T,,,_ 8 14 CONTI i 2. 7 r F T C r 7 re 7 I F F r a The m, June 9, ATTES CITY OF NEWPORT BEACH Volume 17 - Page 326 COUNCILMEN s a VUED BUSINESS. .uthorization was given to hire Charles L. Robinson Motion x z connection with the Health Insurance program. All Ayes 'he City Clerk stated that two letters had been eceived in connection with the contract for the ublication of all legal notices or other matters equired to be published in a newspaper of general irculation published and circulated in the City of fewport Beach during the ensuing fiscal year. 'he letters were then opened. 'he letter from the Ensign stated that no bid was eing submitted. 'he bid of the Orange Coast Daily Pilot - News - Iress was read. .esolution No. 5972, awarding a contract for the Motion x ublication of legal notices as set forth above, to Roll Call fewport Harbor News -Press - Daily Pilot was All Ayes x xcx xx x x dopted. eeting was adjourned at 11 :17 P. M. to 7:30 P. M., Motion x 1964. All Ayes M or r �— ity Clerk Page 326 it