HomeMy WebLinkAbout12/27/1965 - Regular MeetingIndex
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CITY OF NEWPORT BEACH
Volume 19 - Page 142
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: December 27, 1965
Time of Meeting: 7:30 P. M.
Place of Meetin • Council Chambers
Roll Call:
IM,
COUNCILMEN
s s
p yp/' f G fi O
o v m m o 0
Present
x
x
x
x
'he reading of the Minutes of the Regular Meeting of
)ecember 13, 1965 was waived, and said Minutes were
Motion
.pproved as amended and ordered filed.
Ayes
x
x
x
x
1EARINGS:
Mayor Gruber opened the public hearing regarding
proposed Ordinance No. 1147, being,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ESTABLISHING A
SETBACK LINE AND AMENDING DISTRICT MAP
NO'S. 22 AND 25,
establishing a 10 ft. front building setback line from
Newport Boulevard for Lots 6 and 7, Tract 5854;
Planning Commission Amendment No. 212. The
Planning Director spoke from the audience. No one
else desired to speak.
The hearing was closed.
Motion
x
Ayes
x
x
x
x
Ordinance No. 1147 was adopted.
Motion
x
Roll Call:
Ayes
x
x
x
Noes
x
:. Mayor Gruber opened the public hearing regarding the
appeal of Edwin P. Martin of Adams, Hunt & Martin,
attorneys representing the applicants for Variance
No. 878, W. G. and Lora Jean Barkemeyer, being
an appeal from the decision of the Planning Commis-
sion denying the application for variance for per-
mission to have a 30 -inch encroachment into a
required 10 -foot front yard setback for a second floor
railing to allow use of entire balcony; 135 N. Bay
Front, Balboa Island, Block 2, Section 1, Zone R -2.
The findings of the Planning Commission were pre-
sented. The Planning Director spoke from the
audience. He read a memorandum from T. B.
Kirkhart, Building Inspector for the Building and
Safety Department, dated November 24, 1965,
explaining that he noted the handrail encroachment
on October 7th and immediately notified the owner.
Mr. Kirkhart stated in his memorandum that at that
time the only work completed on the structure was
M yor
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Index December 27, 1965
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C /man Cook
Oil Cmte
Clarificto
CA -60
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CITY OF NEWPORT BEACH
Volume 19 - Page 143
COUNCILMEN
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the footings. W. G. Barkemeyer spoke from the
audience explaining that his attorney had planned to
be present and Mr. Barkemeyer did not know the
reason for his absence. Mr. Barkemeyer requested
that the matter be held over until later in the meeting
or until another date. Mr. Barkemeyer stated that a
petition had been circulated and property owners in
the vicinity had indicated approval of the encroach-
ment. He explained the alleged hardship involved,
and submitted eight pictures depicting purported
similar encroachments into the front yart setback in
the vicinity of his property.
Clarence Stanyer of 124 Apolena, Balboa Island, spoke
from the audience opposing the Variance. No one else
desired to speak from the audience.
The hearing was closed.
Motion
x
Ayes
xx
xxx
xx
The findings of the Planning Commission were sus-
Motion
tained and Variance No. 878 was denied.
Ayes
x
x
x
x
x
x
Noes
x
ORDINANCE FOR INTRODUCTION:
Ordinance No. 1148, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 10500.1 TO THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO SIGNS
CONCERNING SANITATION REGULATIONS,
requiring that commercial boat docking facilities and
marinas located in Newport Bay be equipped with signs
to inform the public of the City's regulations, was
presented with a memorandum from the City Attorney
dated December 21, 1965.
Ordinance No. 1148 was introduced and passed to second
Motion
x
reading.
Roll Call:
Ayes
x
x
x
x
x
x
x
CONTINUED BUSINESS:
1. Clarification of the appointment by Mayor Gruber on
December 13, 1965 as confirmed by the Council on
that date, of Councilman Dee Cook of
,Csookkaas Chairman
/�`�
Ma oy r'
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Index
Come and
active
Committees
CA -60
is
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Volume 19 - Page 144
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the Technical Oil Committee, was confirmed to be
Motion
x
an appointment of Councilman Cook as Chairman and
Ayes
x
x
x
x
x
x
member of the Committee to Study Annexations of
Land on Which Oil Activity is in Production and City
Regulations Pertaining Thereto.
2. A memorandum dated December 23, 1965, was
presented from Mayor Gruber recommending
Committees proposed for continued activity, and
noting that appointments to replace former Councilman
Stoddard on said Committees would be nominated on
December 27, 1965.
Authorization and confirmation were given to the
Motion
x
recommendations of Mayor Gruber for the continuance
Ayes
x
x
x
x
x
x
of the Committees listed and for the Mayor's additiona
recommendations, as follows: That the Back Bay
Study Committee be continued and removed from the
list of Committees proposed for deletion; that the
Water Plans Committee be designated the Water
Planning Committee with Councilman Donald E. Elder
as Chairman and Councilman Robert H. Shelton as a
member, and with Advisory Members being the
former members of the Study Committee for Alternate
Water Supplies, except for the deletion of Joseph T.
Devlin and Dr. Lloyd Smith; that E. R. Millett be
reappointed to the Technical Oil Advisory Committee
for the four year term of July 1, 1965 to June 30, 1969
that Councilman Robert H. Shelton replace former
Councilman James Stoddard on the Salary Committee
as Chairman, on the Community Youth Center
Agreement Committee as Chairman, and as a mem-
ber of the Tideland Administrative Control Committee
with Councilman Doreen Marshall as Chairman.
The recommendation of Mayor Gruber for the deletion
of the following Committees was authorized: Conges-
Motion
x
tion on Peninsula Fact Finding Committee, Harbor
Ayes
x
x
x
x
x
x
Policy Committee, Committee to Study Building
Plumbing and Electrical Codes, Lifeguard Head-
quarters Building Committee, Committee to Study
Parking Fees and Fines, School Liaison Committee,
and Balboa Bay Club Improvements Committee.
Councilman Marshall presented the recommendations
of the Newport Beach City Arts Committee received
in a letter from Mrs. Rexford E. Brandt, dated
December 23, 1965, submitting for consideration the
appointment of Mrs. Herbert A. Berry and Mr.
Herbert Griswold to take the place of Mrs. Rexford E.
yor
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 145
a
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Index December 27, 1965 A a a Z
Sully -
Miller
•dump
site
agreemt
CA-3S
C -906
R -6261
Alley
vacation
Blk 632
CdM
CA -14
•
Storm
Drain
easemts
Tr 1116
CA-154
Brandt and Mrs. Richard H. Winckler on said
Committee.
The appointment of Dorothy M. Berry to take the
place of Mrs. Rexford E. Brandt and the appointment
of Mr. Herbert Griswold to take the place of Mrs.
Richard H. Winckler, as members of the Newport
Beach City Arts Committee for three year terms,
Motion
x
expiring January 1 , 1969, were authorized.
Ayes
x
x
x
x
x
x
x
It was directed that letters and Certificates of
Motion
x
Appreciation for the fine service given by Mrs.
Ayes
x
x
x
x
x
x
x
Brandt and Mrs. Winckler as members of the
Newport Beach City Arts Committee be sent, highly
commending them for their excellent work.
3. The matter of the hazardous excavation pit located
at the City dump site and an Agreement with Sully -
Miller Contracting Company, which had been diaried
on December 13, 1965 for consideration on December
27, was considered.
Resolution No. 6261 authorizing the execution of an
Motion
x
Agreement with Sully- Miller Contracting Company
Roll Call:
was adopted.
Ayes
x
x
x
x
x
x
x
4. A memorandum from the Public Works Director dated
December 27, 1965, regarding the request of M. H.
Sherman Company for alley vacation in Block 632,
Corona del Mar, was presented. Mr. Charles
Kennedy, representing William Blurock who requested
the alley vacation on behalf of M. H. Sherman
Company, spoke from the audience.
The request for alley vacation and relocation was
Motion
x
approved subject to the recommendations and con-
Ayes
x
x
x
x
x
x
x
ditions outlined in the Public Works Director's
report.
CURRENT BUSINESS:
1. Storm Drain Easements in Tract 1116, for the
construction, maintenance and repair of storm drain
and appurtenances, were presented.
The following Resolutions were adopted:
Motion
x
Roll Call:
(a) Resolution No. 6262 accepting a Grant of Easemen
Ayes
x
x
x
x
x
x
x
from John Killefer and Martha L. Killefer.
(b) Resolution No. 6263 accepting a Grant of Easemen
M yor
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CitA Clerk
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Index
•
•
Mayors
exp. acct
CA -92
J. Rullo
Portland
Cement
Curbs,etc
C -997 rev
CA -30
r1
LJ
Waed
Abatement
refund
T K Racket
CA -11
Jamboree
Rd Imp
Coast Hwy
to Ford Rd
CA -29
C -975
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 146
N
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X
X
from Jean F. Hallahan.
(c)Resolution No. 6264 accepting a Grant of Easement
from C. Warren Smith and Dorothy S. Smith.
(d)Resolution No. 6265 accepting a Grant of Easement
from Hazel K. McDowell.
(e) Resolution No. 6266 accepting a Grant of Easement
from Roberta L. Dunbacker and Kathryn E. Hanna.
(f) Resolution No. 6267 accepting a Grant of Easement
from David Ballantine and Helen B. Ballantine.
(g) Resolution No. 6268 accepting a Grant of Easement
from Eynon S. White and Patricia L. White.
(h) Resolution No. 6269 accepting a Grant of Easement
from Dorothy G. Stoll.
2. The expense account, in the amount of $68. 13, of
Mayor Paul J. Gruber for a trip to Sacramento on
November 16 -17 in connection with the freeway, was
Motion
approved.
Ayes
x
x
x
x
x
x
3. A report from the Public Works Director dated
December 27, 1965 regarding the receipt of three
bids by the City Clerk on December 22, 1965, for
the construction and reconstruction of Portland
cement curbs, sidewalks, approaches and pavements
(Contract No. 997 revised), was presented.
Resolution No. 6270, awarding a contract for said
Motion
x
work to J. Rullo Enterprises at the contract price
Roll Call:
of $15, 136. 50, was adopted.
Ayes
x
x
x
x
x
x
4. A letter was presented from T. K. Hackett, which
had been received on December 14, 1965, advising
that the assessment for weed abatement on portions
of Lots 12, 13 and 14 located at 62d Street and
Coast Highway was charged in error as the lots were
clean. A memorandum from the Public Works
Director recommending the staff be authorized to
refund the sum of $9 to T. Kenneth Hackett was
presented.
The refund of $9 to T. Kenneth Hackett was
Motion
x
authorized.
Ayes
x
x
x
x
x
x
5. A memorandum was presented from the Public
Works Director dated December 27, 1965, regarding
yor
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 147
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Index 1)PCPmbPr 27_ 1965 a r A A �` -` Z
R -6271
R -6272
Balboa
Pier
Concan
CA-41
Fine Arts
insurance
CA -68
L�
R -6273
Harbor
Area Baseb
agrmt
CA -49
Revision
Storm
drain
const. coca
1965 -66
CA -154
street improvement project, Jamboree Road from
Pacific Coast Highway to Ford Road.
Resolution No. 6Z71, requesting the County of Orange
to include within the Arterial Highway Financing
Motion
x
Program the development of Jamboree Road from
Roll Call:
Pacific Coast Highway to Ford Road, was adopted.
Ayes
x
x
x
x
x
x
x
Resolution No. 6272, adopting and submitting a
Supplemental Project Statement for expenditure of
Motion
x
funds allocated from the State Highway Fund to
Roll Call:
Cities, was adopted.
Ayes
x
x
x
x
x
x
x
6. A memorandum from the City Manager dated
December 23, 1965, regarding the lease of Balboa
Pier concession was presented. A discussion was
had regarding an agreement for the cleaning of the
pier.
The Resolution authorizing the execution of a License
Agreement with John Charles Kirk for use of the pier
and the Agreement were referred back to the staff
Motion
x
for clarification on this problem.
Ayes
xxxxxx
x
7. A memorandum was presented from the Administrative
Assistant to the City Manager regarding Fine Arts
insurance, dated December 22, 1965.
James DeChaine was commended for his work in
this matter.
Concurrence was given to the recommendation of the
Motion
x
City Manager that he be authorized to place a binder
Ayes
x
x
x
x
x
x
x
on the Fine Arts exhibit in the City Hall for 60
days and at that time it will be renewed and rewritten,
or new recommendations will be submitted.
8. A copy of proposed policy agreement for execution by
the City of Costa Mesa, the City of Newport Beach,
and the Harbor Area Boys' Club, was presented.
flfl
Resolution No. 6273, authorizing the execution of a
Motion
x
Harbor Area Baseball Program Agreement, was
Roll Call:
adopted.
Ayes
x
x
x
x
x
x
9. A memorandum from the Public Works Director
dated December Z7, 1965 regarding revisions to
Storm Drain Construction Contract for 1965 -66 was
presented.
The recommendations of the Public Works Director
set forth in said memorandum were approved and he
Motion
x
was authorized to implement the recommendations.
Ayes
xxxxxx
x
ayor
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City Vlerk
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 148
N
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Z A A F L
Index Tlaramhar 27. 1QI�ri r
St, Ympvmta
Westcliff-
Dover & 5ti
Ave,
C -956
CA -29
AppP%ic
CA -63
Comm. Antex
TV System
CAi9
Direct
airline
service frn
O.C.Airpor9
to S.F &
Sacramento
CA -64
Budget
Amendments
CA -102
•
10. A memorandum from the Public Works Director
dated December 27, 1965 regarding street improve-
ments, Westcliff -Dover intersection, and 5th Avenue
Larkspur Avenue to Poppy Avenue (Contract 954), was
presented.
Councilman Elder stated that he was not in favor of
the Westcliff -Dover plan but he was in favor of the
5th Avenue plan, and since they had been combined,
he would have to vote "no" on the approval of the
plans.
The plans and specifications were approved and the
Motion
x
City Clerk was authorized to advertise for bids to be
Ayes
x
x
x
x
x
opened on January 19, 1966 at 10. 00 A. M.
Noes
x
LICENSES:
The following applications for license were approved:
Motion
x
Ayes
xxx
xxx
1. Wallace C. Fried of Really Inc., 506 South
Broadway, Santa Ana, for one skill game (pool
table) at Wally's Harem, 2000 West Balboa
Boulevard, Newport Beach.
2. E. V. Wood, owner of Woody's Putt Skee, 2318
Heather Lane, Newport Beach, for two skill
games; one at the Driftwood, 3334 East Coast
Highway, Corona del Mar, and one at the Tiki,
3208 West Coast Highway, Newport Beach.
COMMUNICATIONS - REFERRALS:
al. A letter from James K. Donahue dated December 13,
1965, regarding the installation of a Community
Antenna Television System in the City, was referred
Motion
x
to the staff.
Ayes
x
x
x
x
x
x
2. A resolution of the Costa Mesa Chamber of Commerce
urging the establishment of direct airline service
from the Orange County Airport to Sacramento and
San Francisco was ordered filed. (Further action
Motion
x
was proposed for consideration ' l a t e r 'in the
Ayes
x
x
x
x
x
x
meeting.)
BUDGET AMENDMENT:
The following Budget Amendment was approved:
Motion
x
Ayes
x
x
x
x
x
x
C -36, being a transfer of Budget Appropriations for
draperies for the Lifeguard Station; $70 from Unappro-
priated Contingency Reserve to Lifeguard Service,
Furniture and Fixtures.
M or
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xi
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 149
3
P p r G( O
n 2 0 m O A
Index December 27 1965 �^ a P Z
pw�1
J
Permit fee
Shorecliffs
& Cameo Shr
CA -154
Use Permit
1176 re
horse corra
at Irvine
Country Clu
CA_ 15
40
R -6274
CA -64
Candidates'
Statements -
Kunic.Elect
CA -76
•
ADDITIONAL BUSINESS:
1. It was directed that the Permit fee for the Shore Cliffs
Motion
x
and Cameo Shores Drainage Project be waived.
Ayes
x
x
x
x
x
x
x
2. In connection with Use Permit No. 1176 of the Irvine
Coast Country Club recently approved by the Planning
Commission for permission to have a corral, stabling
and grazing of horses at 1600 East Coast Highway,
Newport Beach, on land described by metes and
bounds, was considered. The City Manager had been
requested by the Council at the Study Session to have
a letter prepared, addressed to Forest G. Smith,
President of the Irvine Coast Country Club, agreeing
to a more complete land description and specific
location of the corral, and stipulating that this would
be made a part of the Use Permit. The City Manager
read the proposed letter.
Approval was given in principle to the recommenda-
Motion
x
tions of the City Manager in the letter as read, and
Ayes
x
x
x
x
x
x
x
it was directed that if the letter was not signed prior
to the expiration of the appeal date, some member of
the staff will file an appeal in this matter.
3. Resolution No. 6274, being a Resolution of the City
Council of the City of Newport Beach requesting that
the California Public Utilities Commission grant
certification for direct airline service from Orange
Motion
x
County Airport to San Francisco and Sacramento,
Roll Call:
was adopted.
Ayes
x
x
x
x
x
x
x
4. A memorandum from the City Clerk dated December
27, 1965, regarding Candidates' Statements of
Qualifications for the April 12, 1966 General Municipal
Election, was presented.
It was directed that Candidates filing Nomination
Motion
x
Papers to serve as members of the City Council, and
Ayes
x
x
x
x
x
x
x
desiring that a pamphlet containing the Candidate's
Statement of Qualifications be sent to each voter with
the sample ballot, be billed for said service, and it
v
was further directed that said Candidates will be
required to deposit the sum of $100 to cover the es-
timated cost of printing and handling the Statement;
such Statement of the Candidate shall be filed and
deposit paid at the time of filing the Nomination
Papers.
or
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CITY OF NEWPORT BEACH
Volume 19 - Page 150
Index December 27, 1965
e COMMUNICATIONS - ADVISORY:
1. The following communications were ordered filed:
(a) The Minutes of regular meeting and public hearing
CA -12 of the Board of Directors of Orange County Water
District held December 15, 1965.
(b) A notice from California Highway Commission that
CA -69 a meeting will be held in Sacramento on January
19, 1966.
CA -53 (c) Copies of the agenda of the Board of Supervisors'
meetings held December 14, 15, 21 and 22, 1965,
and to be held December 28 and 29, 1965.
(d) A letter from Mr. and Mrs. Albert Benguiat, 444
CA -109 Seville Avenue, Balboa Island, in favor of the
• dog control ordinance.
(e)A letter from Leslie F. Edgerton, Assistant to the
CA -66 Fish and Game Commission, regarding anchovies
for forage and bait in connection with the sport
fishing industry.
Copper 2. The City Manager stated that the following communi-
Galley cation had been withdrawn by the applicant:
ABC appl
CA -156 Application for Alcoholic Beverage License, new
on sale, beer and wine (bona fide public eating
place), Copper Galley, 506 South Bay Front,
Balboa Island, Jack A. and Sadie E. Wilcox.
City Atty The City Attorney stated he would like to bow out of
to stop commenting on the Applications for Alcoholic
commenting Beverage License since the facts were reviewed by
on apps the Police Department and that approval by his office
• would merely be approval of the statements on the
face of the application; however he indicated he
desired to continue to receive copies of the
applications.
Concurrence in the request of the City Attorney was
given.
Subject application was ordered filed.
3. The following communications were ordered filed:
SCAG
CA -66 (a) A letter from James A. Hayes, Vice -Mayor of the
City of Long Beach, regarding SLAG, with
accompanying papers.
ayor
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Motion
Ayes
Motion
Ayes
Motion
Ayes
Motion
Ayes
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Index December 27. 1965
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Min Res re
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CA -62
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COUNCILMEN
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(b) A letter from Edward T. Telford, Study Director
of Los Angeles Regional Transportation Study,
dated December 15, 1965, stating that the official
name of LARTS organization has been changed to
Transportation Association of Southern California,,
TASC, enclosing a copy of the By -laws of TASC,
and further stating that the Transportation Study
and Staff Organization will continue to operate
under the name of LARTS because it is felt that
this will provide better continuity in relationship
with the Federal Government and other Transporta-
tion Studies in the United States and abroad.
ADDITIONAL ITEMS:
The following Minute Resolution was adopted:
Motion
x
Ayes
x
xxx
x
x
The City Council of the City off Newport Beach
Noes
x
extends thanks to the members of the Press who
have so patiently listened and accurately reported
our many hours of discussions and decisions
during the year of 1965, this being a real service
to the City and very much appreciated.
The meeting was adjourned at 9:10 P. M.
Motion
x
Ayes
xxx
xxx
x
yor
ATTEST:
ity Clerk -
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