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HomeMy WebLinkAbout07/11/1966 - Regular MeetingHsg rep CLIEV CA-179 �i o� CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 1 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: July 11, 1966 Time of Meeting: 7:30 P. M. Place of Meeting: Council Chambers ° i r r c c o p c x x xi Roll Call: Present x x Absent The reading of the Minutes of the Adjourned Regular Meetings of June 20, 22 and 27, and of the Regular Motion Meeting of June 27, 1966 was waived, and said Minutes Ayes x x were approved as written and ordered filed. Absent HEARINGS: 1. Mayor Gruber opened the public hearing in accordance with Resolution No. 6391, a Resolution of the City Council of the City of Newport Beach declaring its intention to grant two non - exclusive, City -wide franchises for the operation of Community Antenna Television Systems within the City. The Mayor inquired of the Clerk if any written pro- tests or objections had been filed with her in said matter. The Deputy City Clerk reported that no written protests had been received prior to the time set for the hearing. The Deputy City Clerk reported that an Affidavit of Publication of Resolution No. 6391, setting the time and the place of the public hearing, was on file in the office of the City Clerk. Mayor Gruber announced that this was the time and place fixed pursuant to statute and notice given for the hearing in the matter of the granting to Warner Bros. T. V. Services, Inc. and Community Cable - vision Company non - exclusive, City -wide franchises for the operation of Community Antenna Television Systems in accordance with the requirement of Chapter 9. 5 of Article VI of the Newport Beach Municipal Code, and asked if there were any interests persons present desiring to be heard in the above mentioned matter. Wayne Hauser, Operation Manager of the CATV Division of The Irvine Company spoke from the audience. Bryan Moore, Chief Legal Counsel, and John R. Frost, Vice President and General Manager, Warner Bros TV Services, Inc. spoke from the audience. A discussion was had. The hearing was continued to 7 :30 P. M. , July 25, Motion 1966. 1 Ayes x x Absent � ayor ATTEST: Deputy City clptk Page 1 x x xi �a CA CITY OF NEWPORT BEACH Volume 20 - Page 2 Index July 11, 1966 COUNCILMEN s ORDINANCES FOR ADOPTION: 1168 1. Ordinance No. 1168, being, ®1 t2b1 s AN ORDINANCE OF THE CITY OF NEWPORT -63 BEACH REPEALING SECTIONS 6113. 1, 6113. 1(a), 6113. 1(b) AND 6113. 1(c) OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 7 TO ARTICLE IV OF SAID CODE RELATING TO POOL TABLES AND AMUSEMENT DEVICES, was presented for second reading. Councilman Rogers made a motion to adopt Ordinance Motion x No. 1168. The following people spoke from the audience request- ing amendments to subject ordinance: DeWitt Chatterton, George L. Pearland, Theodore C. Bolog, Marvin C. Jones and Sidney Soffer. A discussion was had. Councilman Cook made a motion to amend Ordinance Motion x No. 1168 so that the verbage as contained in the A. B. C. Ayes x in the State of California be inserted in that portion of Noes x x x x x 4708(b) in lieu of the verbage that is there now, which Absent motion failed to carry. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Roll Call: A vote was taken on Councilman Rogers' motion, and Ayes lxxxxxx Ordinance No. 1168 was adopted. Absent (See additional action on Page 3. ) 1169 2. Ordinance No. 1169, being, garene x AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 8.5 TO ARTICLE VI `107 OF THE NEWPORT BEACH MUNICIPAL CODE IMPOSING A CIGARETTE TAX AND PROVIDING FOR COLLECTION THEREOF, was presented for second reading. John B. Kelly, Executive Director of California Association of Tobacco Distributors, spoke from the audience opposing subject ordinance. Mayor ATTEST :r(//� Deputy City CiEVk Page 2 CITY OF NEWPORT BEACH Volume 20 - Page 3 Index July 11, 1966 COUNCILMEN s With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the Ordinance was waived. Ordinance No. 1169 was adopted. Motion x Roll Call: Ayes x xxxx x Absent x ORDINANCES FOR INTRODUCTION: ) -1170 1. Proposed Ordinance No. 1170, being, 'A-57 AN ORDINANCE OF THE CITY OF NEWPORT �A=73 BEACH ADOPTING BY REFERENCE THE NEWPORT M=10® :A-132 BEACH MUNICIPAL CODE (1966), FIRE PREVENT TION CODE (1960 EDITION), UNIFORM BUILDING CODE (1964 EDITION), UNIFORM PLUMBING COD (1964 EDITION), AND ELECTRICAL CODE (ORDINANCE NO. 981 ENTITLED "AN ORDINANCE OF THE CITY OF NEWPORT BEACH REGULATIN ELECTRICAL INSTALLATIONS AND WIRING, ETC.", AND STATE OF CALIFORNIA ELECTRICA SAFETY ORDERS, 1962), AMENDING AND REPEAL- ING CERTAIN SECTIONS OF AND ADDING CERTAI CHAPTERS TO THE NEWPORT BEACH MUNICIPA CODE, REPEALING ORDINANCE NO. 596, AND REPEALING THE 1949 NEWPORT BEACH MUNICIPAL CODE, was presented with a memorandum from the City Attorney dated July 8, 1966. Ordinance No. 1170 was introduced and set for public Motion x hearing on July 25, 1966. Roll Call: Ayes Absent xxx x x x x D-flfl68 The City Attorney was directed to prepare an amendment Motion x to Ordinance No. 1168 regarding Section 4702(b) entitled Ayes xxx x x :A -63 "Exception for Fun Zone," and bring back to the next Noes x meeting. Absent x se 2. A proposed ordinance was presented, being, :eligiou '_ chnffi- AN ORDINANCE OF THE CITY OF NEWPORT :able BEACH ADDING CHAPTER 8 TO ARTICLE IV OF s®licitn THE NEWPORT BEACH MUNICIPAL CODE RE- V1_63 LATING TO THE REGULATION OF CHARITABLE AND RELIGIOUS SOLICITATIONS. The City Attorney was directed to revise the proposed ordinance to provide for handlin permits a ATTEST: - or puty Ci - k Page 3 3s Pte m CA 3® Cc AP M CA I 1 Pn PC d Index Ti,ly 11 1Q(A CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 4 1 \W_A_\00j\Vi O O A c m tratively and providing appeal to the City Council Motion x from the City Manager's decisions, both in connection Ayes x x x x x with granting permits and revocation of permits, and Noes x to be brought back to the Council at the meeting of Absent x July 25, 1966. CONTINUED BUSINESS: lbon 1. A memorandum was presented from the City Attorney zg 1,0Z dated July 8, 1966 setting out the existing regulations covering the operation of the Balboa parking lot. 5408 Resolution No. 6408, providing for parking passes and Motion x establishing fees for the use of Balboa parking lot and Roll Call: -21 rescinding Resolution No. 5796, was adopted. Ayes x x x x x x Absent x 2. The following Council appointments were made to Motion x s Boards and Commissions for four -year terms, Ayes x x x x x x expiring June 30, 1970: Absent x pts -50 Parks, Beaches and Recreation Commission -135 Walter J. Koch (appointed to second term) James Richard Downer (appointed to first full term) -135 Civil Service Board W. Allen Grubb (appointed to second term) -65 Board of Library Trustees -135 Roger W. Hardacre (appointed to first term) The City Clerk was directed to prepare a Certificate Motion x of Appreciation from the City Council for Mr. Bunster Ayes : x x x x x x Creely for his conscientious, dedicated and important Absent x work as a member of the Board of Library Trustees. . CURRENT BUSINESS: rki ng 1. A memorandum was presented from the Public Works 9 Director dated July 11, 1966 regarding Parking Prohibition, Pacific Coast Highway, and recommend- ing the prohibiting of parking along the south side of West Coast Highway east of Newport Boulevard. 5409 Resolution No. 6409, prohibiting parking on the south- east ramp at the intersection of Newport Boulevard Motion x -22 and Pacific Coast Highway and on a portion of said Roll Call: highway and repealing Resolution No. 5083, was Ayes x x x x x x adopted. Absent x 5k 80•. :'. -2. Resolution No. 6410, authorizing the extension of an Motion x =:E— agreement with the Orange County Peace Officers Roll Call: r Association, Inc. for the 1 of an Identi -Kit, Ayes x x x x x x -39 was adopted. Absent x RW =ST::c/!� May T /]`mss .sou Deputy City Cyerk page 4 Index A =6�il Il C -680 or Co Sall Tam CA-69 a-6412 Z &sc ¢nt- u ndcarvooa Tr 1116 CA-23 C®rmen to Comp p1aul CA-4S5 If 1 L_j Lts fro S -V11 Cirafft Nnrbore re CUTE - bonsd 1tica nsiml CA -49 01-63 • A Paaso. ii mvgme iImIrr -1033 ,_ =154a ._0 CITY OF NEWPORT BEACH Volume 20 - Page 5 .Tuly 11. 1966 COUNCILMEN a S y C N m p v m o c a 3. Resolution No. 6411, authorizing the execution of an Motion x agreement extending the term of the agreement with Roll Call: Orange County to perform soil tests, was adopted. Ayes x x x x x x s Absent x 4. Resolution No. 6412, accepting a Grant of Easement from Robert B. Underwood and Doris Marie Underwooc Motion x for the construction, maintenance and repair of a Roll Call: storm drain and appurtenances in Tract No. 1 1 1 6 , Ayes x x x x x x Lot 115, was adopted. Absent x 5. A memorandum was presented from the City Manager dated July 7, 1966, regarding correction to Compen- sation Plan to include additional salary for registered engineers. The recommendation of the City Manager to correct Motion x I Page 9 of the Compensation Plan was approved. Ayes x x x x x x Absent x 6. A memorandum was presented from the City Attorney dated July 5, 1966 regarding letter dated June 23, 1966 from the Division of Small Craft Harbors. i Subject letter from Lachlan M. (Lock) Richards, Chief of Division of Small Craft Harbors, and George A. Askelund, Boating Regulation Officer, acknowledging receipt of copy of Ordinance No. 1163 relating to the Motion x licensing of surfboards, was ordered filed, and the Ayes x x x x x x City Clerk was instructed to acknowledge its receipt. Absent x The City Attorney read a letter addressed to him from Assemblyman Robert E. Badham, dated July 11, 1966, requesting the City Attomeyto inform the Council that he is personally in favor of the City's surfboard license ordinance and is seeking a Legislative Counsel's Opinion contending that the surfboard is not a vessel. Gus Patzer„ Costa Mesa, spoke against the City Council legislating a fee for surfboards. Ralph Watso spoke from the audience and said the licensing of surfboards was working out wonderfully to improve the conditions on the beach front. 7. At the request of the Public Works Director, the matter of a change order in connection with the construction of the El Paseo Drive - Irvine Terrace Motion x Park storm drain (C- 1033) was diaried for a later Ayes x x x x x x date. Absent x Mayor ATTEST: epu y Ci Cie Page 5 Index W- 0addeaa curb cut CA -30 Cdll grPxg CA-22 • 13 =6413 Lied hoed th Ims. To counc ff 1 CA-68 Absndmt L-9&14C'IC onsolat l unz.2ch CA -12 8-6414 • LIC appfl CA-63 0 CITY OF NEWPORT BEACH Volume 20 - Page 6 __i__ I 'nLL COUNCILMEN 8. A memorandum was presented from the Public Works Director dated July 11, 1966 regarding the request of R. F. Geddes for curb cut at Balboa Boulevard and "G" Street (1417 East Bay Front). Mr. A. J. Delphino, representing Mr. Geddes, spoke from the audience. Subject curb cut was approved and the Public Works Motion x Department was authorized to issue a curb cut Ayes x x x x x permit. Noes x Absent x 9. A memorandum was presented from the Public Works Director dated July 11 recommending that seasonal parking be prohibited on weekends and holidays on portions of certain streets in Corona del Mar. Resolution No. 6413, prohibiting parking on certain Motion x streets in Corona del Mar, was adopted. Roll Call: Ayes xx xxx x Absent x 10. The Aetna group health insurance policy was amended Motion I x to allow enrollment of Councilmen and their depen- Ayes x x x x x x dents, with the enrollee carrying the total cost of Absent x same. 11. A memorandum was presented from the City Attorney dated July 8, 1966 regarding the abandonment of a water easement to City property located on Bushard Street in the City of Huntington Beach. Resolution No. 6414, authorizing the execution of a Motion x Quitclaim Deed and an Agreement relating to the Roll Call: abandonment of a water pipe easement with Oka Ayes x x xxx x Brothers, was adopted. Absent x APPLICATION FOR LICENSE: 1. An application for a Special Event Permit from Clinton M. Hoose, Jr., President of Westcliff Plaza Merchants Association, Westcliff Plaza, Special Event on July 30, 9:00 A. M, to 5:00 P. M. , one day only, was presented with a letter dated July 5, 1966 from Clinton M. Hoose, Jr., requesting permit and describing special event to be held. Subject application for license was approved subject Motion x to the approval of City Departments and any other Ayes x x x x x x licenses that are required. 6'�7 Absent x Mayo ATTEST: �pp �o , Deputy City,. Cler3- Page 6 Index CoffC IItT re ffwys CA-69 Steel PCs S. My Pront CA-70 0 co=andlg Lifeguard CA-61 Mach Ilicter CA-95 Surfboard licences rA-49 CA -63 11 Clog for dMg fl 0 84 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 7 s m oymOAC+� 0 Tnly 11. 1866 COMMUNICATIONS - REFERRALS: 1, A letter dated June 30, 1966 from Hans Lorenz, Chairman, on behalf of the Newport Harbor Chamber of Commerce Freeway Committee, thanking the City for action taken in authorizing its staff to work with District 7 office, and asking that they be kept informed of all developments to enable them to assist in solving Motion x freeway problems, was referred to the City Manager Ayes x x x x x x for answer. Absent x 2. A letter from Vincent Healy asking the City to remove a steel post east of the float at 1304 South Bay Front, Motion x Balboa Island, stating that it no longer serves any Ayes X X X X X X purpose, was referred to staff for report. Absent x 3. The following letters, which were discussed in detail Motion x at Study Session, were ordered filed: Ayes x X x x x x Absent x (a) A letter dated June 29, 1966 from A. Lavina Williamsen of San Bernardino stating, "The City of Newport Beach has done a magnificent job in providing equipment and trained life- guards," and suggesting that on Sunday, July 24, a service of thanksgiving be held on the beach near the pier for the lives that have been saved. (b) A letter dated June 6, 1966 from Mrs. C. E. Washbon complaining about litter on the beach, particularly around 19th and Balboa, and asking that it be policed more closely with an eye to litter, and suggesting fines be imposed for littering the beach. (c) A letter from Ralph W. Watson asking that the litter law be enforced to keep the beaches clean. 4. A letter dated June 30, 1966 from Michael C. Sagar, Director of United States Surfing Association, asking that the City abate enforcement of this ordinance and negotiate with the USSA to attempt to find an alternate solution to surfing problems at the conference table, was referred to the City Manager for answer to Mr. Motion x Sagar,and *that the staff would be glad to have any Ayes X X X X X X suggestions from him that he cares to make. Absent x 5. A letter from Peter A. Ciaccio of Long Beach pro- Motion x testing the licensing of surfboards, was ordered filed. Ayes x x x x x x Absent x 6. The following claims for damages were denied and the Motion x City Clerk's referral of the mat to th i urance Ayes X X X X X X carrier was confirmed; Absent x ATTEST: //-Mayor Deputy City gerk Page 7 CITY OF NEWPORT BEACH Volume 20 - Page 8 Index July 11, 1966 COUNCILMEN s Z x (a) Claim of Farmers Insurance Group alleging damage to the car of their insured, Ruth Edwards, on May 13 at 2828 Ocean Boulevard, Corona del Mar, by a trash truck belonging to the City. (b) Claim of Jack W. Barcus for damages to his automobile on June 8 caused by contact with a vent pipe on curb while leaving a metered parking space on a City street, alleging negligence by the City. (c) Claim of Fay Phillips for damage to dwelling at 4401 Channel Place, Newport Beach on June 18 allegedly caused by a hard ball from the play- ground across the street. (d) Claim of Larry John Hoekman alleging his car was damaged when struck by a street cleaner • belonging to the City of Newport Beach on June 22. (e) Claim of Johannes J. Krak for bodily injury and damage to his car allegedly caused when his car was struck from the rear by a car belonging to the City of Newport Beach on June 23. BUDGET AMENDMENTS: Budget Ac mdmts 1. The following Budget Amendment was approved: Motion x Ayes x x x x x CA°fl02 C -1, being an increase in Budget Appropriations and Absent an increase in Revenue Estimates for donations and contributions specifically for the purchase of books, children's furniture (table and 4 chairs) and children's record player; $1, 044.50 from Unappropriated Surplus, Budget Appropriation, Estimated Revenues, • Library to Budget Appropriations Control, Libraries, Special Departmental Supplies, Equipment N. O. C. , Furniture & Fixtures. ADDITIONAL BUSINESS: y:fn %tee 1. The following Minute Resolution was adopted: Motion x Ayes x x x x x x Recoamanag The City Council recommends to the Judges of the Absent b °gl achad Newport Beach -Costa Mesa Judicial District that the for certa as bail schedule for violations of the following offenses violacton arising under the Municipal Code be increased from CA -39 one dollar to two dollars: SECTION 3266.1 For Sale Sign -- displaying sign from vehicle on roadway. ,y^�� ac.� ATTEST : 6DKeLpu� ayor ��(({{ �QQ��yy Deputy City lerk Page 8 Z x Index 0 C� CA-69 CA -167 • CA-70 CA-58 Ll CITY OF NEWPORT BEACH Volume 20 - Page 9 July 11, 1966 COUNCILMEN SECTION 3267 -a Parking on one -way streets must be within 18" of curb. 3268 -b Parking other than prescribed by markings. 3268.5 -c &b Parking outside designated lines where parallel parking is prescribed. 3277. a -4 Overtime parking in green zone. 3291.3 -a Parking in metered zone other than in space provided. 3291.3 -b Parking in metered zone angle space must be with front of vehicle to curb. 3291. 3 -c Parking in space provided by metered zone (not across lines). COMMUNICATIONS - ADVISORY: The following communications were ordered filed: Motion x Ayes x xx xxx 1. A letter dated June 24, 1.966 from Robert T. Martin, Absent Assistant Secretary, advising that the California Highway Commission will meet July 20 in the Public Works Building, Sacramento. 2. A letter from Mrs. Herbert R. Wilson enclosing a newspaper clipping regarding tax - cutting in San Leandro. 3. A letter from Lachlan M. Richards, Chief of Division of Small Craft Harbors, acknowledging receipt of Resolution No. 6301, and advising that the City of Avalon has officially requested additional funds to complete planning for the proposed harbor and the request will probably be ready for Commission approval at the July meeting. 4. Communication from the office of Alan Cranston, State Controller, regarding Motor Vehicle License, Fee Fund as follows: (a) Summary of Apportionments of Motor Vehicle License Fees for the period June 1, 1965 to May 31, 1966 indicating the Finance Estimate for Newport Beach to be 2, 000. ATMST• N) r p�ty le Page 9 CITY OF NEWPORT BEACH Volume 20 - Page 10 T111�. 1 1 1 QAA COUNCILMEN (b) Motor Vehicle License Fee Apportionment to Cities for the period December 1, 1965 through May 31, 1966 indicating the June apportionment for Newport Beach to be $220, 798. 94, less April advance, for a net June payment of $60, 636. 94. 5. Agenda for Board of Supervisors meetings held June 28 and 29, and July 5 and 6, 1966. 6. Orange Co. Press Club Reporter for July. 7. A letter dated June 23 from A. S. Koch, Orange Count Road Commissioner and County Surveyor, enclosing a map of proposed annexation to County Service Area No. 7 - Turtle Rock Annexation No. 1 (located east of MacArthur Boulevard and southeast of Campus Drive). 8. Application before the Public Utilities Commission of the Pacific Telephone and Telegraph Company for authority to establish a new alphabetical and classified telephone directory to be entitled South Orange Coast Directory to serve the Capistrano Valley and San Clemente telephone exchanges. Mayor Gruber stated that the Study Session regularly scheduled for July 18, 1966 would not be held. Councilman Cook requested permission to be out of the State from August 16 to September 12, 1966. The request of Councilman Cook was approved. Motion x Ayes x xx xxx Absent x The meeting was adjourned�:to an Executive Session to consider personnel matters. The Council reconvened with all members present except Councilman Shelton. Laura Lagios was appointed as Acting City Clerk at a Motion x salary of $523 per month with the increased salary to be Ayes x x x x x x retroactive beginning May 23, 1966. Absent x eThe sick leave absence of City Clerk Margery Schrouder Motion x was extended for a period of ninety days, ending October Ayes x x x x x x 14, 1966. Absent x The meeting was adjourned at 10:40 P. M. Motion x Ayes Absent x X xxx x yor ATMSST- Deputy City UIEOW Page 10