HomeMy WebLinkAbout01/10/1966 - Regular MeetingIndex
1*
CITY OF NEWPORT BEACH
Volume 19 - Page 152
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: January 10, 1966
Time of Meeting: 7:30 P. M.
Place of Meeting: Council Chambers
Roll Call:
The reading of the Minutes of the Regular Meeting of
December 27, 1965 was waived, and said Minutes were
approved as written, and ordered filed.
Gavel Mayor Gruber presented to former Mayor and Councilman
presentn James B. Stoddard, on behalf of the Council, a Certificate
to of Appreciation and a gavel, with the high commendation of
Stoddard his colleagues. Mr. Stoddard expressed appreciation for
CA -91 the awards.
HEARINGS:
Hrg 1. Mayor Gruber opened the public hearing regarding the
Var 880 appeal of Donald D. Wells of Ivan Wells & Sons, Inc.,
builders and developers, on behalf of R. L. Johnson,
from the decision of the Planning Commission denying
Application for Variance No. 880 of Baycrest Shores
Donald D. Co.-, lessee, and The Irvine Company, lessor, re-
Wells for questing permission to construct fences in excess of
R L Johns n 3 feet in height within the front yard setbacks on Lots
10 through 51, 54 through 59 and 61 through 79,
CA -13 Tract 4224, Zone R -1 -B; located on Galaxy Drive and
Mariners Drive, Newport Beach. The appeal on
behalf of R. L. Johnson referred only to Lot 33.
•
A letter of appeal from Donald D. Wells dated
December 23, 1965, and the findings of the Planning
Commission were presented. Planning Director
J. W. Drawdy spoke from the audience. He read
standards for fences approved by The Irvine Company
and the Dover Shores Community Association. Robert
L. Johnson spoke from the audience and submitted a
photograph depicting the type offence he proposed to
use, which was a type approved in the standards
above mentioned. A discussion was had.
The hearing was closed.
Councilman Cook made a motion that the decision of
the Planning Commission be overruled, due to the
fact that the regulation does create a hardship and
imposes a long and undetermined waiting period upon
the property owners in this area, and that Variance
No. 880 be conditioned as presented by the Planning
Director in accordance with the accepted architecural
designs for fences in front yards, as described. Said
motion failed to carry.
The findings of the Planning Commision were sus-
tained and Variance No. 880 was denied.
It was agreed that the sense of the City Council is that
in Tract 4224, and similar situations, the presence of
ATTEST:
�� City Clerk page 152
COUNCILMEN
Present
Motion
Ayes
Motion
Ayes x x
Motion
Aye s
Noes x x
Motion
Ayes
Abstaining
x
xix
x
xxx
x
x
X
X
Index January 10. 1966
0
0 -1148
CA -70
•
R -6275
C -1017
Kirk
Balboa Pie
CA -41
Use Permit
• 1176
Forest G
Smith
horse
corral
CA -15
0
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 153
swimming pools on the bluff side of the property is a
reasonable use of the property and an appropriate use
of the property, and the Planning Commission was
Motion
requested to report, as soon as possible, suggested
Ayes
x
x
x
x
suitable regulations, amendments to the Code which
would permit such uses.
ORDINANCE FOR ADOPTION:
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
for second reading.
Ordinance No. 1148 was adopted.
Motion
x
Roll Call:
Ayes
x
x
x
x
CONTINUED BUSINESS:
1. Resolution No. 6275 authorizing execution of a
Motion
x
license Agreement with John Charles Kirk was
Roll Call:
adopted.
Ayes
x
x
x
x
In accordance with the suggestion of the City Manager,
he was directed to negotiate with the licensee of the
Motion
concession on the Newport Pier to clean the entire
Ayes
x
x
x
x
pier, as an amendment to his license agreement.
2. A letter from Forest G. Smith, Jr. , President of the
Irvine Coast Country Club, dated December 29, 1965,
agreeing to having a more complete land description
and specific location of the horse corral being made a
part of Use Permit No. 1176, was presented.
Assistant City Attorney George Roberts spoke from
the audience. He indicated that the Planning Com-
mission reviewed the above mentioned letter, address-
ed to the City Council, and recommended that it be
included as a condition of Use Permit No. 1176 which
had been approved by the Planning Commission on
December 16, 1965. Mr. Roberts stated that the
Nt6or
ATTEST:
—� Cit Clerk
Page 153
x
14
K x
X x x
x
xxx
Index
Dover
Shores
Lot C
prkg lot
C -1015
CA -21
C�
Water Main
replacemt
1965 -66
C -966
CA -12
i
Accept'
sand
rep lnsl mt
W Newport
C -1000
CA -49
Sewer
Main
Replacemt
1965 -66
•
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 154
`'
ovrmmoa
m o S
X
X
Planning Commission ordered filed a later letter
sent to the Commission by Mr. Smith requesting the
withdrawal of Us@ Permit No. 1176.
Mr. Smith's letter of December 29 was ordered
Motion
x
filed.
Ayes
x
x
x
x
x
x
CURRENT BUSINESS:
1. A memorandum was presented from the Public Works
Director dated January 10, 1966 regarding plans and
specifications for the construction of the Dover Shores
Lot C, parking lot (Contract No. 1015). The Parks,
Beaches and Recreation Director Calvin Stewart
spoke from the audience.
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
x
opened at 10:00 A.M. on February 9, 1966.
Z. A memorandum was presented from the Public Works
Director dated January 10, 1966 regarding Water
Main Replacement Program of 1965 -66.
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
x
opened at 10:30 A, M, on February 9, 1966.
3. A memorandum was presented from the Public Works
Director dated January 10, 1966 regarding acceptance
of sand replenishment of West Newport ocean beach
(Contract No. C- 1000).
The work of the Griffith Company in connection with
the sand replenishment of West Newport ocean beach
was accepted; the City Clerk was authorized to file
Motion
x
a Notice of Completion, and to release the bonds 35
Ayes
x
x
x
x
x
x
days after the Notice of Completion has been filed;
the Public Works Director was authorized to waive
the 10 percent retention and pay the entire amount
due the contractor; and a one -day time extension was
granted.
The Griffith Company was commended for coming to
the City's aid quickly and performing work far be-
yond the call of duty.
4. A memorandum was presented from the Public Works
Director dated January 10, 1966 regarding eight bids
received by the City Clerk on January 5, 1966 in
Map6r
ATTEST:
CiA Clerk
Page 154
X
X
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 155
Index January 10, 1966
connection with the Sewer Replacement Program of
C- 1001 1965-66 (Contract No. 1001).
City
Construct o.
Co. The irregularity in the bid of the low bidder was
CA -32 waived, and Resolution No. 6276 awarding contract Motion
to City Construction Company at the contract price Roll Call:
of $90,264.39, was adopted. Ayes
5. A request from G. W. Barnes dated January 6, 1966
Barnes for a curb break on Ocean Boulevard, located opposite
curb
break 2724 Ocean Boulevard, being a portion of Block 033,
CA -30 Corona del Mar Tract, was presented.
The matter was referred to the staff. Motion
Ayes
Str. Imp. 6. A memorandum was presented from the Public Works
Eastbluff Director dated January 10, 1966 recommending that
Dr R Vista the Public Works Department be authorized to in-
def 0 spect street improvements on Eastbluff Drive and
Vista del Oro near Eastbluff Park, that the inspection
CA -29 fee be waived, and that the City be authorized to
participate in the cost of construction of street
improvements in an amount not to exceed $3000.
The recommendations of the Public Works Director
were authorized, and it was directed that the amount Motion
be less than $3000 if possible. Ayes
Preservatn 7, A memorandum dated December 30, 1965 from Walter
of ocean J. Koch, Chairman of the Parks, Beaches and
beach Recreation Commission regarding the preservation of
CA -49 ocean front beach and access to the water, was
presented.
The matter was referred to the staff for recommenda- Motion
tions at a later date. Ayes
R -6277 8. Resolution No. 6277 determining and declaring that
Weed weeds and other public nuisances exist upon certain
Abatement streets, sidewalks, parkways, and private property
CA -11 in the City of Newport Beach, directing the Fire Chief
to abate said nuisances; and fixing the time for hearing
all objections or protests and directing the abatement
thereof; setting the date of February 28, 1966 for the
hearing at the hour of 7:30 P. M. ; and designating the
Street Superintendent as the person to give the re-
quired notices and authorizing two references to Fire Motion
Chief in Section 4 be changed to Street Superintendent, Roll Call:
was adopted. Ayes
Mayor
ATTEST:
•
C ty Clerk
Page 155
xlx
x
x
X
Index
Pay
for elects
officers
CA -76
Lic Appl
CA -63
\J
Harbor
Permits
CA -130
A -1460
R H. All
A -779
A -1077
0
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 156
0 Co
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1Zy A �rn 0
r...,...,_.. in
X
a
9. It was directed that, in accordance with the recommen
Motion
dations of the City Clerk, Election Officers who serve
Ayes
x
x
x
x
on Precinct Boards for the April 12, 1966 Election be
paid as follows: Inspectors, $21; Judges and Clerks,
$18; and it was directed that $15 be paid for each
polling place (except public facilities).
LICENSES:
1. The following applications for license were presented:
(1) James R. Uhler, owner of N & P Company, 6440
Western Avenue, Buena Park, for one skill game,
bowling game, at the Tiki, 3208 West Coast
Highway, Newport Beach.
(2) James R. Uhler, owner of N & P Company, 6440
Western Avenue, Buena Park, for one skill game,
shuffleboard, at the Tiki, 3208 West Coast
Highway, Newport Beach.
(3) James R. Uhler, owner of N & P Company, 6440
Western Avenue, Buena Park, for one skill game,
bank pool table, at the Tiki, 3208 West Coast
Highway, Newport Beach.
The City Manager commented.
It was directed that the requested licenses be held in
Motion
abeyance until such time as further recommendations
Ayes
x
x
x
x
are forthcoming from the staff, and the City Manager
was instructed to see that the unlicensed skill games
are removed from the Tiki.
HARBOR PERMITS:
1. The application for Harbor Permit No. A- 1460 of
Robert M. Allen, Jr. to construct and install a
pleasure pier, ramp, and float bayward of Lot 148,
Subdivision of Block "A ", East Newport Tract (338
Buena Vista Boulevard, Balboa), was presented.
Harbor Permit No. A- 1460 was approved subject to
Motion
x
the following conditions: Prior approval of the U. S.
Ayes
x
x
x
x :
Corps of Engineers; prior approval of the Joint Harbor
Committee; and deletion of that portion of the pier
within the right of way of Buena Vista Boulevard, a
public street.
2. A letter dated December 28, 1965 from Attorney
John F. Tolton, for Wright, Wright, Goldwater and
M affo r
ATTEST:
Ci y Clerk
Page 156
X
a
Index January 10, 1966
K en,
Quandt &
Martin
Mello
Bros. Live
Bait Co.
CA - -70
r1
I�
Cmte on
Nat.
Resources
CA -49
Closing
of 21st P1
on 2/12 $,13
CA -147
•
Budget
Amendmts
CA -102
•
CITY OF NEWPORT BEACH
. Volume 19 - Page 157
Mack, attorneys for Martin R. Klitten, regarding
Pier Permit No. A -779 and Permit No. A -1077, was
presented with a map exhibit from the Public Works
Department. A discussion was had and the consensus
of the Council was that problem was a civil matter
between the parties and not the City.
Said letter was ordered filed, and the City Attorney
was instructed to write a letter to the attorneys for
Mr. Klitten interpreting the City Council's feelings
in the matter.
COMMUNICATIONS - REFERRALS:
1. A letter from Arthur Mello of Mello Brothers Live
Bait Company, 516 Tustin Avenue, requesting per-
mission to continue to tie boats to a float at 28th
Street, was presented.
The matter was referred to the staff for investigation
and to check out the new facilities.
2. A letter was presented from Richard Carpenter,
Executive Director and General Counsel of the League
of California Cities, regarding a meeting of the
Assembly Interim Committee on Natural Resources
to be held on January 21, 1966, in Capitola.
The City Manager was authorized to designate a
member of the staff to attend the meeting.
3. A letter request of J. M. Pelletier, Sidney L. Soffer
and James Beattie that 21st Place be closed for
automobile traffic on the 12th and 13th of February,
1966 for an art and craft exhibit, was presented. Mr.
Sidney Soffer spoke from the audience.
The request was referred to the City Manager to
approve, disapprove, or to approve with conditions
BUDGET AMENDMENT:
The following Budget Amendment was approved:
C -37, being a transfer of Budget Appropriations for the
City Manager's attentance at Regional Urban Policy
Seminar, Pasadena; $200 from Unappropriated Contin-
gency Reserve to General Administrative, Training
Expense.
Mayor
tATTEST:
ity Clerk
Page 157
Motion
Ayes
Motion
Aye s
Motion
Ayes
COUNCILMEN
FAr3rara
Motion
Ayes x xxxx
Motion x
Ayes x x x x x
X
X1
X1
Index
Chg loci
restroom
CdM St &
City Plc
C -944
CA -49
Multi -
Purpose
Rm -Marin
CA -65
Edker
Pope
Weed Abt
CA -11
dtvsyrryy&
mt
Cst unc
Wat.Dist
CA -12
CA -60
James
Richard
Downer
Apptm PB
Comm.
CA -135
CA -70
•
CA -169
Motor
Vehicle
Lic fees
CA -58
CA -131
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 158
J¢ i Y —, a I
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ADDITIONAL BUSINESS:
1. The change of location of restroom project for the
Corona del Mar State and City Beach Park (Contract
No. 944, Revised) was authorized in- accordance with
Motion
x
the revised plans under preparation by the architect.
Ayes
x
x
x
x
x
x
x
2. The staff was authorized to prepare a contractual
Motion
x
agreement to employ Architect William Blurock to
Ayes
x
x
x
x
x
x
x
design the multi - purpose room for Mariners Library,
s
and to bring the Resolution to the Council for action.
3. Authorization was given to waive payment of $135 by
Motion
x
Mr. Edker Pope for weed abatement on Assessor's
Ayes
x
x
x
x
x
x
x
it Parcel No. 47- 100 -03 and Assessor's Parcel No.
47- 100 -02.
4. Mayor Gruber nominated Councilman Elder and
Councilman Shelton to serve as members of the
1 Study and Advisory Committee of the Coastal Munici-
Motion
x
pal Water District. The appointments were confirmed
Ayes
x
x
x
x
x
x
x
5. James Richard Downer was appointed a member of
Motion
x
the Parks, Beaches and Recreation Commission to fill
Ayes
x
x
x
x
x
x
x
the unexpired term of Albert Snyder from District 5.
tR COMMUNICATIONS - ADVISORY:
The following communications were ordered filed:
Motion
x
Ayes
x
xxx
xxx
1. A letter from Charles A. Sweet, Acting Executive
Officer of the State Water Quality Control Board,
enclosing "Oceanographic and Biological Survey of
the Southern California Mainland Shelf."
2. A letter from Robert Flandrick of Martin & Flandrick,
attorneys representing the City of Bakersfield, ac-
knowledging with appreciation the fact that the Council
allowed the name of the City of Newport Beach to be
included on the Amicus Curiae brief on behalf of the
City of Bakersfield, also enclosing a copy of the brief
filed by the City of Bakersfield.
3. Notice from Alan Cranston, State Controller, regard-
ing Summary of Apportionments of Motor Vehicle
License Fees from period June 1, 1965 through
November 30, 1965, indicating the share of Newport
Beach to be $19,427.92, based on a population of
36,650.
4. A copy of a letter from George A. Snyder, M. D. , 644
North Doheny Drive, Los Angeles, "To Los Angeles
r yor
ATTEST:
I
C ty Clerk
page 158
Index
•
CA -179
CA -108
CA -53
•
CA -108
CA -83
CA -66
CA -64
•
CA -156
CITY OF NEWPORT BEACH
Volume 19 - Page 159
January 10, 1966
men in charge of health" regarding mid -level thermals
and smog, suggesting that studying the exact flight
patterns of birds crossing the L. A. basin would
assist in the study of the movement of air.
5. A copy of the Orange County Press Club Reporter of
December, 1965.
6. A notice from Local Agency Formation Commission
that a proposed Annexation to Costa Mesa County
Water District (Annexation No. 24 - located between
Newport Boulevard and Red Hill, north of Paularino)
will be reviewed on January 12.
7. Copies of Agenda for Board of Supervisors meetings
held January 4 and 5, 1966.
8. Notices from the County Road Commissioner and
County Surveyor of de- annexation from Orange County
Street Lighting Maintenance District No. 12 of
Paularino No. 7, Linda No. 1 and Paularino No. 10.
9. A copy of a letter from the Newport Harbor Chamber
of Commerce to Robert Reed congratulating and
highly commending the staff of lifeguards for the
record attained during 1965.
10. A letter from Lee Nichols, Chief Consultant to the
Assembly of the California Legislature, Assembly
Rules Committee, stating that the Assembly has
recently published "Legislative Source Book 1849-
1965" by Assemblyman Don Allen, Chairman of the
Assembly Committee on Elections and Reapportion-
ment, highly recommending the purchase of this book.
11. A letter from Frederick Holoboff, President of Public
Utilities Commission, acknowledging receipt of
Newport Beach Resolution 6274 supporting direct
airline service from Orange County Airport to San
Francisco and Sacramento; stating that the matter
has been assigned to Commissioner A. W. Gatov, and
stating that the City Clerk's transmittal letter has
been forwarded to him.
12. Applications for Alcoholic. Beverage License:
(a) Person to person transfer, on -sale beer, 507 E.
Bay Street, Balboa, from Jack H. Morris and
Harry J. Weber to Mary L. East and Nina M.
Van Sickel. A
ATTEST':
—�G ty Clerk
yor
Page 159
COUNCILMEN
Index January 10, 1966
40
0 ADI
CA -89 1•
2.
CA -64
CA -90
The
ATT
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CITY OF NEWPORT BEACH
Volume 19 - Page 160
COUNCILMEN
s
O 7 m m
N f P A
(b) Person to person transfer, on -sale beer, Red
Carpet, 109 -11 Palm, Balboa, Boudreau V. and
Jean S. Simmons from William H. Ross.
(c) Person to person transfer, on -sale beer and
wine (public premises), The Tiki, 3208 West
Coast Highway, Newport Beach, from Robert T.
Day, Roberta J. George and Robert E. Mont-
gomery to Dotti M. and Jack B. Stephens.
(d) Person to person transfer, on -sale general (bona
fide eating place), Talk of the Town, 2325 E.
Coast Highway, Corona del Mar, Schisler's Far
West Restaurants, Inc., Ralph E. Schisler,
President, Robert Guggenheim, Jr., V. President
Leon G. Nelson, Sec - Treas. , from Joseph M.
Roudot.
)ITIONAL ITEMS:
Mayor Gruber stated that the Study Session regularly
scheduled for January 17 would not be held.
Councilman Cook stated that he wished to bring to the
Council's attention for clarification and review the
Council's Policy regarding Orange County Airport
expansion dated October 10, 1960. He read said
Policy and stated that perhaps the policy was
antiquated and should be revised in view of recent
action.
meeting was adjorned at 9:20 P.M.
Motion
x
Ayes
x
x
x
I
r i
ayor
EST:
Ciqy Clerk
Page 160
x
x
s