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HomeMy WebLinkAbout04/27/1964 - Regular MeetingCITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 276 'Minutes of REGULAR MEETING OF THE CITY COUNCIL " O Date of Meeting: April 27, 1964 0 p Time of Meeting: 7:30 P.M. y o Index Qja ro n4 Aivofinn• (�.. ril (l �r ha a `f p • — Roll Call: Present x x x a The reading of the Minutes of the Regular Meeting.of April 13, 1964 was waived, the Minutes were approved as Motion x written and ordered filed. All Ayes HEARINGS: -a e ; -g 1. Mayor Gruber opened the public hearing regarding the s _g issuance of sign permits over Newport Bay. Two memorandums from the City Manager regarding the apt' B a I Alp ®: Application of Tidewater Oil Company and the Application ps -fide- of Standard Oil Company for permit to have a sign over wae_ -_r the waters of the Bay, were presented. A letter from f;;_I & John B. Wassall opposing the Flying A Service sign, wa St an d presented. • The public hearing regarding the Application of Tidewater Oil Company for a sign permit at 505 Edgewater was ;n2�m;. pa L considered first. M. H. Devine and Don Franklin spoke at 505 from the audience on behalf of the applicant. A discus - ;3dgwwga. t ep sion was had. Subject hearing was closed in connection Motion x with the Tidewater Application only. All Ayes Councilman Elder made a motion that the sign be ap- Motion x proved providing that it is placed totally behind the pier - head line and that it conform in all respects to the re- quirements of the Municipal Code. A further discussion was had. Peter Hill of the Standard Oil Company pre- sented pictures showing the placement of the signs. John B. Wassall spoke from the audience opposing the location of the sign. Councilman Elder withdrew his motion. The hearing was reopened. Motion • All Ayes Thomas Wilder and Mr. Wassall spoke from the audi- ence opposing the location of the signs. The hearing re- Motion ��`` =g garding the Tidewater sign application was closed. All Ayes sed r_o !„gig Mayor Gruber opened the public hearing regarding the pb rp S.., d, Application of Standard Oil Company for a sign at 814 C41 aye East Bay. Clark Hanley and Ken Fleming, representing Standard Oil Company, spoke from the audience. The . hearing on the Application of Standard Oia Company was Motion closed. All Ayes FogZt Councilmen Forgit and Parsons were appointed to serve Motion x appti. as a Harbor Committee, and it was directed that the J All Ayes IIi— o- question of recommended policy to control signs in the harbor be referred to them for study and recommendatio . ayor ATTEST: City Jerk Page 276 X X X i i 1= s 5 M p s' sl U 4 U: C. 4 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 277 Index Anril 77. l QAA syg°2 It was directed that all signs now existing beyond the 'emove U.S. Pierhead Life be removed, at 505 Edgewater, be= Motion 105 Edge- ing.the location of the Tidewater Associated Oil Station, Ayes x x rater q 70 since they are now illegal. Noes 2. Mayor Gruber opened the public hearing regarding the b lirg appeal of Shirley J. Burke from the decision of the UTce Planning Commission denying Application for Use Per - pmea3- mit No. 1024 of Andrew C. Burke, requesting permis- e U� 024 lion to have on -sale beer and wine, and dancing at 6110 West Coast Highway, Newport Beach; westerly 35' of Lots 12, 13, 14, Block 1, Seashore Colony Tract, Zone C -1 -H. (Applicant is now deleting the request for danc- ing at subject address. ) Copy of the letter of appeal from Shirley J. Burke and the findings of the Planning Commis ion, were presented. Mrs. Shirley Burke spoke from the ion, Duke Shane, representing the Newport Shores Association; and Pat O'Connor spoke opposing subject Use Permit. Russell Ford spoke in favor of subject Use Permit. The hearing was closed. Motion All Ayes The findings of the Planning Commission were adopted Motion and sustained, and subject application was denied. All Ayes A 15 3. Mayor Gruber opened the public hearing regarding the j „rg appeal of Jack H. Morris . from the decision of the Plan- e a?p a,l ping Commission denying Application of Continental ack Pacific, Inc. for. Use Permit No. 1028, requesting per- 0> _ y uC2 mission to construct and operate a 100 bed plus conva- lescent hospital; portion of Lot 1201, Newport Mesa Tract, Zone M -1 -A, 7301 - 19th Street, Newport Beach. The letter of appeal from Jack H. Morris and the find- ' ings of the Planning Commission were presented. Jack H. Morris and Harry Weber spoke from the audience in favor of the Use Permit. It was brought out that Mr. Morris and Mr. Weber were not representatives of Continental Pacific, Inc. , the applicant for the Use Per- mit. The hearing was closed. Motion All Ayes x lone sd The findings of the Planning Commission were adopted Motion 15 and sustained, and subject Use Permit was denied. All Ayes RECESS for five minutes was declared by Mayor Gruber. The Council reconvened with all members present. Mayor ATTEST: C City Jerk Page 277 X E4 CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 278 Index Anril 27. 1Q(id • With the consent of the Council, the Council considered out 7;a'sy of Agenda order the Application for Exempt License of 5�� - -a Teresa Suzanne Aune for Taffy Social Club, to conduct a y9`wL bake sale (cakes and cookies) at the Market Spot, 200 Mar- ea xerL.pfi ine'Avenue, Balboa Island, one day only. Terry Aune and Sally Leonard spoke from the audience, requesting the license. They stated that the date that they would use for the sale would be either May 3, May 9, or May 10 and that they might have an additional location on Balboa Island for the sale. Subject application was granted. Motion x All Ayes The Council returned to the regular order of business. HEARINGS (continued): 4. Mayor Gruber opened the public hearing regarding the po hMS appeal of Mrs. Anne Gilman from the decision of the LSSan Planning Commission conditionally granting the Applica- tion of Jordan and Benjamin, Inc. for Use Permit No. 1022, requesting permission to construct a two story abI022 structure for off - street Marking in an R -2 District ad- jacent to a C -O -Z District; Lots 15 and 17, Block 435, Corona del Mar Tract, Zone R -2; 431 and 433 Iris Ave- nue. The letter of appeal from Attorney Blodgett and the find- ings of the Planning Commission were presented. Mayor Gruber also opened the public hearing, in com- Cilm. zn pliance with the request of Attorney Blodgett that the appsaY matters .be considered simultaneously, regarding the re appeal of Mrs. Anne Gilman from the decision of the Va`y 80C Planning Commission conditionally granting the Applica- tion of Jordan and Benjamin, Inc. for Variance No. 800, requesting permission to have a 0 setback on the rear of Lots 15 and 17, Block 435, Corona del Mar, and Lot 4, • Block G, Tract 323, and requesting permission for a 15' encroachment into the required 15' front yard set - back.on Lots. 15 and 17 for the purpose of constructing a two level off - street parking lot in an R -2 District adja- cent to a C -O -Z District; portion of Lot 2, Lots 3, 4, 5, Block G, Tract 323, Zone C -O -Z; Lots. 15 and 17, Bloc 435, Corona del Mar Tract, Zone R -2; 431 and 433 Iris Avenue. The letter of appeal from Attorney Blodgett and the find- ings of the Planning Commission were presented in con- nection with Variance No. 800. Attorney Blodgett spoke on behalf of his client, Mrs. Anne Gilman, opposing Use Permit No. 1022 and..Var- iance No. 800. William Ring and Richard Jordan spoke i�Kyor ATTEST: 'CityXClerk Page 278 Index • appea4a denied CA 1.5 C ,A, 13 Ti- 5946 5457 • abandoi port �a;c1c Bay Dr CA 14 prop �rcl we S -L Suss . Av no. Cs' -'Wy • 'A prop Ord e yarbo-c regs • CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 279 April 27, 1964 fop TV ' in favor of subject Use Permit and Variance. The hear Motion ing was closed. All Ayes The findings of the Planning Commission were sustained Motion and adopted in connection with Use Permit No. 1022 and Ayes X X x Variance No. 800, and the appeals were denied. Noes x 5. Mayor Gruber opened the public hearing regarding Reso lution of Intention No. 5946; being a Resolution. of Inten- tion to order the closing up, vacation and abandonment of a certain street known as Back Bay Drive. A memorandum dated April 24 from the City Manager, was presented. No one wished to speak from the audi- ence. The hearing was closed. Motion All Ayes Resolution No. 5957, ordering the vacation, closing up Motion x and abandonment of a portion of a certain street known Roll Call- as Back Bay Drive, was adopted. Ayes x x Noes x ORDINANCES FOR INTRODUCTION: 1. A proposed Ordinance„ being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING DISTRICT MAPS NOS. 45 AND 46, REZONING PROPERTY, AND AMEND- g ING 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 presented with 0 the findings of the Planning, Commission and a letter from William J. Cagney whose property adjoins.the pro- posed development, approving the proposed rezoning as shown on Planning Commission Drawing No. L -1127. J. W. Drawdy spoke from the audience. The matter was rediaried for consideration on May 11 Motion and a staff report was requested. All Ayes 2. A proposed Ordinance, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 4245 AND ARTICLE X OF THE NEWPORT BEACH MUNICIPAL CODE AND ENACTING A NEW ARTICLE X RELATING TO HARBOR AND OCEAN REGULATIONS, was presented. yor ATTEST: ity lerk page 239 X IC i v L L R 5 L 0 0 L� 0 r L CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 280 rv\sEtt\ Index April 27, 1964 r ' The proposed Ordinance was diaried to May 11, and the Motion x staff was directed to prepare the Ordinance so that the All Ayes City's Ordinance would include generally those things ad :A 70 ministered by the City and the County Ordinance would include generally, thoie things administered by the County. 3. A proposed Ordinance, being a' P AN ORDINANCE OF THE CITY OF NEWPORT °czorl_ .g BEACH REZONING PROPERTY AND AMENDING %'mod DISTRICT MAPS NOS. 15 AND 37, rezoning Irvine Company property located on Jamboree `ezar :ry ^,0 Road and Bayside Drive from Unclassified to C -N -H; Drop-_y Planning Commission Amendment No. 182, was pre - s &.naor a sented with the findings of the Planning Commission. .31ays de A memorandum dated April 15 was presented from the ' City Manager and Public Works Director regarding the widening of Bayside Drive between Coast Highway and Marine Avenue. William Mason, Vi ie President of The Irvine Company, spoke from t audience. Ken Morgan, he of Balboa Island, spoke from the audience. The matter was diaried until the staff wants to bring the Motion matter back. All Ayes It was agreed that the City does not intend to pay for the Motion t ° `4c� to glad street, the staff recommendations were concurred in All Ayes [aSter insofar as paying for the street is concerned, and the S , street will not be made a Master Plan Street. A 3.0 4. Ordinance No. 1084, being AN ORDINANCE OF THE CITY OF NEWPORT ound BEACH REPEALING SECTION 4209 OF, AND I . ADDING CHAPTER 5 TO ARTICLE IV OF, THE &' Sc NEWPORT BEACH MUNICIPAL CODE RELATING ou-nd TO SOUND AMPLIFYING EQUIPMENT AND rucke SOUND TRUCKS E� 1.23 was introduced and passed to second reading. Motion x Roll Call: Ayes x x x -108.5 B. Ordinance No. 1085, being ;soh 9c AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 3292. 1 TO THE L 22 NEWPORT BEACH MUNICIPAL CODE RELATING TO PARKING PROHIBITIONS, was presented with a memorandum from the City Attorney ( yor ATTEST: Cit Clerk Page 280 CITY OF NEWPORT BEACH Volume 17 - Page 281 Index April 27. 1964 COUNCILMEN ;prmA � o 7in��70p�"l o • d dated April 23, 1964 regarding the seasonal parking regulations in the Corona del Mar area. pass to O Ordinance No. 1085 was introduced and passed to second M Motion x x 2d rdg r reading. R Roll Call: CA 22 A Ayes x xxx X X CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 282 Index April 27, 1964 q � a N r �A o 0\; • A report from the City Manager dated April 23 was pre- sented. The Application was returned to the Joint Harbor Com- Motion x mittee for further consideration. All Ayes 5. A memorandum dated April 24, 1964 from the City Attor ?_ ney regarding Tischauser vs. City of Newport Beach, VS. li CA 59 y was ordered filed with high commendation to City Attor- Motion x ney Walter Charamza and to Public Works Director All Ayes Joseph Devlin. 6. The nomination by Mayor Gruber of Councilman Stoddar ty as the City's second Member on the County Sanitation Sen � -y ° C_ t District No. 5 Board of the County Sanitation Districts CA 34, g Y of Orange Count , was confirmed. Motion x All Ayes • CURRENT BUSINESS: 1. A letter dated April 23, 1964 from the Planning Com- _V mission recommending approval of applications for live _aC VV.s bait receivers at 504 and 506 South Bay Front, Balboa CA '_37 Island, was presented. The applications were approved. Motion All Ayes 2. Resolution No. 5958, accepting a Grant of Easement Motion x 3 from Wayne E. Bandy and Barbara M. Bandy for street Roll Call: 'i y and highway purposes across a portion of Lot .18, Block Ayes x x x x x x : 'Ecl 128, Lake Tract, was adopted. BS�?tL' �A 23 3. A memorandum from the City Attorney dated April 20, p x 1964 regarding private street problems, was presented. S ° : ( 'D. The matter was diaried for consideration on May 25. Motion x CA 27 All Ayes y 4. A memorandum from the City Manager and Public Work Ale': �- Director (received by the City Clerk on April 23) entitle "Agreement with Sully- Miller for use of City Disposal Site," was presented. Resolution No. 5959, authorizing the execution of an Motion x CEO3 agreement with Sully- Miller Contracting Company grant Roll Call: °gn" ing the right to extract base material from a portion of. Ayes x x x x x x )1 the City's disposal area, was adopted. Fa=^s° 5. A memorandum from the City Attorney dated April 20, UOZ-_7z 1964 regarding license agreement with Kenneth L. and agnT= Eva May Farnsworth, was ordered filed. Motion x °835 All Ayes A 79 1" ayor ATTEST: CRA Clerk Page 282 Index e..,.a �o I ncn Ov Ave �$ b regal i '3 -536 S.7 i CCU 24 yes CA 46 adva —l" bench-1 •C ". 1 Alas s c'.7 CA 53 • • CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 283 6. A memorandum from the City Manager regarding the receipt of five bids by the City Clerk on April 22 for Irvine Avenue and Miscellaneous Street Repairs (C- 896), was presented. Resolution No. 5960, awarding a contract for the Irvine Avenue and Miscellaneous Street Repairs to S. J. Cook 8 Motion x ok Sons, Inc. , at the contract price of $4, 998. 75, was Roll Call: adopted. Ayes x x x x 7. A memorandum was presented from the City Manager dated April 22, 1964 regarding the Youth Employment Program. The plan for the Youth Employment Program Motion x was approved. Ayes x x x Noes x 8. A letter dated April 23, 1964 from the Parks, Beaches and Recreation Commission recommending removal of 3 certain advertising benches, was referred to the City Motion Manager. Ayes x x x Abstained x from voting APPLICATIONS FOR LICENSE: The following Applications for License were approved: Motion x All Ayes 1. Exempt, Earl C. Collins, Campership peanut sale of Orange Coast Y. M. C. A., sale scheduled for April 20 to July 1, approximately 50 youth members. 2. Max Deutsch, for David Weisz Co. , 840 San Julian Street, Los Angeles, for auction on April 29, Geartronics Corp., 1577 Placentia, one day only. 3. Wallace M. Kreag, for A. & W. Amusement Co., 23732 Eshelman, Torrance, for skill game (one pool table) at Lucifer's Den, 2000 West Balboa Boulevard. 4. Raymond F. Erbe, 1813 West Balboa Boulevard, for Gertrude Jensen, beach rentals, surf riders, 2114 West Ocean Front. 5. Frank H. Jensen, of Richards & Harrison Surfboard Sales and Rentals at 7200 Pacific Coast Highway. 6. R. Earl Sheehan, for private investigator, guard, and private patrol, 325 North Broadway, Santa Ana. Mr. Raymond F. Erbe spoke from the audience and stated that he planned to rent surf riders, not surfboard - riders. (See also License Application on Page 278. ) i ayor ATTEST: C /� (pity Vlerk Page 283 :Far x x x K CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 284 p v�C� CIO Index Anril 27. 1964 `1? `�`� n U C L^d 33 `°yes dogs on 14 L S^AG Cr% 65 Ha'. ?3VC C.,'� 2C 0 :3Ltfs` ge � Amends V,A 1 ©2 • D COMMUNICATIONS - REFERRALS: 1. The following communications were ordered filed: Motion All Ayes (a) Letter from Bunster Creely of the Newport Beach Board of Library Trustees, regarding a meeting wit the High School Board; (b) Copy of Resolution adopted by the City of Costa Mesa protesting the arbitrary freight rates now applicable in the Costa Mesa area, and urging that motor freight rates be equalized with the rates applying to Santa Ana, Anaheim, Fullerton, Garden Grove, Orange, Tustin; (c) Letter from Mrs. Eunice J. Goodell, 3314 West Ocean Front, complaining regarding dogs on the beaches and the unsanitary condition created, re- questing restrictions; and it was directed that a letter from Max J. Reynolds, President, Orange County League of Cities, enclosing a copy of proposed bylaws for a new organization to be known as Southern California Association of Govern- ments (SCAG), be diaried for the Study Session to be hel on May 11. 2. A letter from Lonnie Kott, President, Central Newport Beach Community Association, regarding proposed in- stallation and extension of parking meters on Balboa Boulevard, was diaried for consideration on May 11. Motion x Mrs. Norman Montapert, Lonnie Kott, Joe Casala, and All Ayes Robin Lindsay spoke from the audience regarding this matter. BUDGET AMENDMENTS: The following Budget Amendments were approved: Motion x All Ayes 1. No. C -54, in the amount of $3000 (decrease in Unappro- priated Surplus), being an increase in Budget Appropria- tions for construction of pressure reducing station below Hoag Hospital; from Unappropriated Surplus Water, to Water, Land Improvements, Arches Pressure Regulator. 2. No. C -55, in the amount of $950 (decrease in-Unappro- priated Surplus), being an increase in Budget Appropria tions for foot bridge at Lila Lane and Dover Drive, frorn Unappropriated Surplus deneralto General Services Streets - Land Improvements. (Mayor ATTEST: ity Clerk Page 284 D CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 285 Index April 27, 1964 g{9J�NO��°Ao 07 mt�i�0�9 • ADDITIONAL BUSINESS: Sacs 1. It'was directed that the "Stop" sign be reinstalled at 36th Motion Sign and Balboa Boulevard. All Ayes mew1 ac d at 3au 31vd, 2. Vice Mayor Donald E. Elder was authorized to represent Motion CA 19 the City at Ensenada at the Ensenada Races and to pre- All Ayes sent the City of Newport Beach trophy; and it was direct - Enssn- ed that Vice Mayor Elder be reimbursed for his expenses. CMS 91 3. Councilman Al Forgit was appointed an Alternate on the Motion x Joint Harbor Committee, replacing Mayor Gruber. All Ayes ��4. Resolution No. 5961, authorizing an allowance of $50 Motion x 506? per month to the Mayor in accordance with Section 404 Roll Call: 5C® of the Charter, was adopted. Ayes x x x Kayos CL 90 5. It was directed that the Irvine Coast Country Club be Motion �T A billed the standard water rate, starting with the month All Ayes of April. J;�yai 6. It was directed that the Mayor represent the City at the Motion Not 3a hearing to be held May 6 by the Board of Supervisors in All Ayes Land Etc connection with the Upper Newport Bay Land Exchange CA 70 Plan. COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion All Ayes 1. Letter from Mr. and Mrs. Duncan Stewart expressing Zpn; =Wc appreciation for the memorial made on behalf of Dorothy 83 Harry. Z. Notice from the U.S. Army Engineer District, Los Ange- 1 Corps of Engineers, relative to the establishment of A 7 a non - interference /restricted area at U.S. Naval De- gaussing Station near Ballast Point, San Diego Bay. 60 3. Copy of Bylaws of the Local Agency Formation Commis- sion. A 53 4. Copies of Agendas of Board of Supervisors meetings held April 14, 15, 21 and 22. 5. Copy of an introductory communication from Orange CA CA 1-53 County Planning Study Committee. CA 34 6. Letter from John M. Rau dated April 20, commending CA 71:. the work of the Police Department during the recent Easter Week. ayor ATTEST: C ty 'lerk Page 285 Index A, ;l 77 toga uea tar Heek CA 74. Ci ce[ ±r.n_ -x ��A 10-`3 LS73:. CA 156 5e.?by-,f zyone V a-c . CA 1.3 01- ;D a'• k-. n; C %7 • Ad.�of r • CITY OF NEWPORT BEACH COUNCILMEN Volume 17 - Page 286 7. Letter from Mrs. Ralph Linhoff, Secretary of the Balboa Peninsula Point Association, expressing appreciation for the fine cooperation received from the various City agen cies during the past Easter Week. 8. Excerpt from the Minutes of the Orange County Boundar Commission meeting held April 20 regarding a proposed annexation of territory to the City of Costa Mesa (Paula - rino No. 6 Annexation), located west of Newport Boule- vard in the vicinity of Paularino and Bristol; indicating that the boundaries are reasonably definite and certain. 9. Copies of Applications for Alcoholic Beverage License: (a) Original, new on -sale beer, 23151 North Bayside Drive (Seabyrd Restaurant), Newport Beach, by Newport Dunes, Inc., Margaret L. Weyenmiller, Assistant Secretary and Assistant Treasurer, D. H. Byrd, President, Warner H. Lewis, Vice- Presiden and Walter B. Chaffee, Secretary. (b) Transfer, person to person, on -sale beer, The Surfer, 2200 West Ocean Front, Newport Beach, from Rea Miller to Nicholas Ursini. 10. Letter from Mrs. Rosa Lutz, opposing a zone variance on property adjacent to her property located at 2310 Ocean Front. (The Planning Commission denied the Amendment numbered 183 on April 16,. 1964.) letter from John F. Cassidy, 215 Apolena, Balboa Island 16A opposing a proposal "which would prohibit overnight parkin on the City streets, " was presented and ordered filed. Motion x All Ayes The meeting was adjourned at 12:00 Midnight. Motion x All Ayes XCgyor ATTEST: Ci y Clerk Page 286