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HomeMy WebLinkAbout08/08/1966 - Regular MeetingCITY OF NEWPORT BEACH Volume 20 - Page 24 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: August 8, 1966 Time of Meeting: 7:30 P. M. Index Place of Meetina- Cnunril r lnr harms COUNCILMEN Roll Call: Present x x x x x x The reading of the Minutes of the Regular Meeting of July 25, 1966 was waived, and said Minutes were approved Motion x as written and ordered filed. Ayes xxxxxx HEARINGS: Coat panic 1. Mayor Gruber opened the continued public hearing in fh:rg CATV accordance with Resolution No. 6391, a Resolution of the City Council of the City of Newport Beach, CA-179 declaring its intention to grant to Warner Bros. -T. V. Services, Inc. and Community Cablevision Company two non - exclusive, City -wide franchises for the oper- ation of Community Antenna Television Systems within the City, in accordance with the requirement of Chapter 9. 5 of Article VI of the Newport Beach • Municipal Code. At the afternoon Study Session, the Council received } a report from the City Attorney regarding proposed amendments to the CATV ordinance. j. Bryan Moore,, representing Warner Bros. T. V. Services, Inc.,; Wayne Hauser, Operation Manager of the CATV Division of The Irvine Company; John R. Frost, Vice President and General Manager of Warner Bros. T. V. Services; Inc. ; and Hugh Scallon, Attorney for The Irvine Company; spoke from the audiehce,re- garding proposed amendments to CATV Ordinance. The hearing was closed. Motion x Ayes xxx xxx x All proposals relative to Community Antenna Tele- Motion x vision Systems in the City of Newport Beach were rejected without Ayes x x x x x prejudice. Abstaining x x D'Brfte a 2. Mayor Gruber opened the public hearing regarding the appeal appeal of Mr. and Mrs. J. C. O'Brien from the decision of the Planning Commission denying appli- J.P, 1214 cation for Use Permit No. 1214, amending the present =15 Use Permit No. 915 in effect, which permitted two residential units over two commercial establishments, in a C -1 Zone, subject to three covered parking spaces being provided; applicant seeking permission to con- vert one of said parking spaces into a storage area in connection with a commercial bakery. M' or ATTEST: Acting City Clery page 24 i A Fal ®_: I M pta, ®_ CITY OF NEWPORT BEACH Volume 20 - Page 25 Index AnL%ust 8. 1966 COUNCILMEN s V Y C N S G i 12` V. xl X1 The findings of the Planning Commission were presented. Galvin R. Keene, representing Mr. O'Brien, Acting Planning Director and John O'Brien spoke from the audience. The hearing was closed. Motion x Aye s x x Y XX Councilman Rogers made a motion to overrule the Motion x findings of the Planning Commission, which motion Ayes x x failed to carry. Noes x x x The findings of the Planning Commission were upheld Motion x and Use Permit No. 1214 was denied. Ayes x x x Noes x 3. Mayor Gruber opened the public hearing regarding ,R72 1P Ordinance Ordinance No. 1172, being, ,A® AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20. 10. 020, 20. 12. 020, 20. 14. 020 AND 20. 16. 020 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED PLANNING AND ZONING, Planning Commission Amendment No. 222, proposing to amend certain Sections of the Newport Beach Municipal Code relating to Planning and Zoning, to allow identification and open house signs in residential districts. The Planning Director spoke from the audience. The hearing was closed. Motion x Ayes x xxxx . With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the Ordinance was waived. Ordinance No. 1172 was adopted. Motion x Roll Call: Ayes xx xxx a hz5 4. Mayor Gruber opened the public hearing regarding L173 Ordinance No. 1173, being, -10 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 02.180 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE DEFINITION OF "FAMILY ". _ Ma ATTEST: Page 25 == i 12` V. xl X1 Index ,S • 0 -1175 CA-Le 0 -1171 0A -63 • CITY OF NEWPORT BEACH Volume 20 - Page 26 August 8, 1966 COUNCILMEN s o c Letters were presented from Mrs. Paula Hall, Art Giovinetti, Jack Brisacher and Jesse Sell, Jr. , opposing subject ordinance. Walter Lewis and Jesse Sell spoke from the audience opposing the proposed ordinance. The hearing was closed. Motion x Ayes xx xxx xx. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the Ordinance was waived. Ordinance No. 1173 was adopted. Motion x Roll Call: Ayes xx xx Noe s x x ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1175, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.02-285 OF CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE DEFINIT- ION OF "STORY, " Planning Commission Amendment No. 221 which proposes to add the word "entirely" to clarify the definition of the term "story," was presented. A memorandum dated August 4, 1966 from the City Attorney was presented with the findings of the Planning Commission. Ordinance No. 1175 was introduced and set for public Motion x hearing on August 22, 1966. Roll Call: Ayes x x x x x x x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1171, being, AN ORDINANCE OF THE CITY OF NEWPORT . BEACH ADDING CHAPTER 5.41 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE REGULATIONS OF CHARIT - ABLE AND RELIGIOUS SOLICITATIONS, was presented for second reading. ayor ATTEST: Acting City ClerkV Page 26 Index a-6421 ong aes 1W 11 -6422 loading z®ffioo M-22 FT 03D to delftq c & gcdoa ttLoa CA-107 Sc2� ®sc 1®li'. cEIIn= �2II6$� OA -38 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 27 August 8, 1966 PA070101-�00-1 %. p Z a 2 Mrs. Robert Bernard representing the South Coast Child Guidance Clinic and the Cancer Society of Orange County, spoke from the audience and requested clarification of certain sections of the Ordinance. With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No.- 1171 was adopted. Motion x Roll Call: Ayes xxx xxxx CONTINUED BUSINESS: 1. Resolution No. 6421, authorizing the City Manager to Motion x execute agreements for engineering services on Roll Call: behalf of the City, was adopted. Ayes x x x x x x x 2. Resolution No. 6422, establishing a loading zone on a Motion x portion of West Coast Highway and removing two Roll Call: existing loading zones therefrom;, was adopted. Ayes x x x x x x x 3. A memorandum was presented from the City Attorney dated August 1, 1966 regarding distribution of penaltie arising from property tax delinquencies and redemptior s. The staff was instructed to bring to the Council the Motion x cancelling of the existing ordinance referred to in the Ayes xxxx x x City Attorney's letter and to present a transfer Noes x ordinance, thereby following the recommendation of the City Attorney, to put us in a position where we may, if we can negotiate successfully, be entitled to another $2, 000 to $3, 000 a year of our delinquencies. 4. The matter of removal of encroachments from Seashore Drive, diaried July 25 for August 8, '1966, was considered. Attorney Hugh Block, representing property owners, Mr. and Mrs. Wallace and Mrs. Newsome, and Mr. James D. Wallace spoke from the audience. l/ or ATTEST: A -dBL11Y`6GUA�" l' City Clerk (7 Page 27 CITY OF NEWPORT BEACH Volume 20 - Page 28 August 8. 1966 COUNCILMEN a p ypc '"m The City Attorney was authorized to take appropriate Motion x legal action to obtain a determination by the courts Ayes x x x x x x as to the City's right to compel removal of the offend- ing encroachments, and it was the Council's position that the available evidence supports the view that the property owners are not legally entitled to compensatio from the City for any damage which they may incur as a result of the street improvement project. A message was delivered by Police Lieutenant Laurin to the Mayor that the City Clerk, Margery Schrouder, had passed away at 9:15 that evening. Mayor Gruber called for a minute of silence in honor of our departed City Clerk. The Mayor and the Council expressed their feelings of regret and her dedicated service will be missed by all. CURRENT BUSINESS: 1. A memorandum was presented from the Public Works Director dated August 8, 1966 regarding entry agree- ment with The Irvine Company for construction of cut and fill slopes, and for construction and maintenance of drainage culverts, along Jamboree Road from Pacific Coast Highway to Ford Road. Resolution No. 6423, authorizing the execution of an Motion x entry agreement with The Irvine Company for grading Roll Call: slope banks and other maintenance along Jamboree Ayes x x x x x Road between Pacific Coast Highway and Ford Road, was adopted. 2. Resolution No. 6424, establishing prices to be charged Motion x for the sale to the public of bound volumes of the Roll Call: Newport Beach Municipal Code, supplement service Ayes xxxxxx for the Code, copies of the City Charter-, copies of the Planning and Zoning Ordinance, and separate pages of the Municipal Code, was adopted. 3. A request letter from Gordon B. Jones, Project Engineer of The Irvine Company, regarding extension of Tentative Map for Tract 6015 was presented with a letter dated August 3, 1966 from the Planning Com- mission recommending approval of a one year extension from September 13, 1966 to September 13, 1967 of the Tentative Map of the Newport Center,Tract 6015 as previously approved and conditioned by the City Council ayor ATTEST: Acting City Cler Page 28 CITY OF NEWPORT BEACH Volume 20 - Page 29 Index August 8, 1966 COUNCILMEN N Y C N c A Z G (i O A Z Y� O �% a � x � Z K. and subject to submittal and approval of an off -site off - street parking reciprocity agreement, and a memorandum from the Public Works Director dated August8, 1966. A time extension to September 13, 1967 for the Tenta- tive Map of Tract 6015, subject to the conditions of ap- proval previously attached, was approved, and the Motion x staff was directed to investigate the feasibility of Ayes x x x x x x exchanging with The Irvine Company certain obligations for construction of improvements under the capital improvement policy. ;ardem'a 4. A memorandum was presented from the City Manager ®in tele- dated August 2, 1966 regarding request of Carden's 1copd Coin Telescopes to install another telescope in the !oi Corona del Mar City and State Beach Park. • The installation of an additional telescope, subject to =�9 the installation being approved by the Building Depart- ment, was authorized, and the City Manager was Motion authorized to enter into an appropriate agreement with Ayes x x x x x xi the Carden's Coin Telescopes. ,ec¢as Recess for ten minutes was declared by Mayor Gruber. The Council reconvened with all members present. 'Toperty 5. A memorandum was presented from the City Manager sold to dated August 8, 1966 requesting authorization to sell binich parcel of City -owned property to John A. Blaich. !4-38 A Minute Resolution authorizing the sale of a 124 squar Motion x K n ELSE foot triangular parcel of City -owned water front prop- Ayes x x x x x x erty located southerly of the westerly thirty feet of Lot 8, block 22, East Side Addition to the Balboa Tract • to Mr. John A. $laich for the amount of $1, 188 was adopted. [ ^CZ3 surest 6. A memorandum was presented from the Public Works tTolzcts Director dated August 8, 1966 regarding plans and -1042 specifications for Corona del Mar street projects YO2� (C- 1042). Subject plans and specifications were approved, and Motion x the City Clerk was authorized to advertise for bids Ayes x x X x x to be opened at 10:30 A. M. on Tuesday, August 30, 1961). M Ayb r ATTEST: Actin" g City Clerk Page 29 i K. CITY OF NEWPORT BEACH Volume 20 - Page 30 Aiioiicf R_ 1Q Ai; COUNCILMEN 3 m o 9m o�,a 7. A memorandum was presented from the Public Works Director dated August 8, 1966 regarding acceptance of n sewer main construction and repair, 17th Street, 19th Street, and Via Lido Soud (C- 1025).' Subject work was accepted, and the City Clerk was Motion x authorized to file a Notice of Completion and to release Ayes x x x x x x x the bonds 35 days after Notice of Completion has been filed. APPLICATIONS FOR HARBOR PERMIT: 1. A memorandum was presented from the Public Works Director dated August 8, 1966 regarding the applica- tion of The Irvine Company to construct bulkhead, Harbor Permit No. A -1471, bayward of Linda Isle. Pier permit area map for Tract 4003 was approved; Motion x Pier Permit No. A -1471, subject to prior approval Ayes x x x x x x x of the U.S. Corps of Engineers and prior approval of pier permit area map by the Board of Supervisors and the City Council, was approved; and the normal bulk- head fee of $0. 50 per lineal foot, in the amount of $3, 160. 50, was waived because it has al r e a d y been paid. 2. A memorandum was presented from the Public Works Director dated August 8, 1966 regarding the applicatio of The Irvine Company to construct bulkhead, Harbor Permit No. A- 1472, bayward of Tract 5361 (parallel to Bayside Drive, northerly of Aloha Drive). Pier Permit No. A -1472, subject to prior approval of the U.S. Corps of Engineers and the Joint Harbor Motion x Committee, was approved. Ayes xxxxxxx COMMUNICATIONS - REFERRALS: 1. Success Broadcasting Company - KOCM: (a) A letter dated July 27_, 1966 from Gary W. Burrill, Vice President of Success Broadcasting Company, requesting an extension of License Agreement originally entered into between the City of Newport Beach and Newport - Costa Mesa Broadcasting, Inc. , and Amendment thereto, was presented. yor ATTEST: Acting,City Clerk Cl Page 30 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 31 p y N P T Z Index August 8, 1966 (b) A letter dated July 27, 1966, from Success Broad- casting Company regarding its expanded coverage and a survey of FM radio impact in the Harbor area was presented. The City Attorney was directed to prepare an amend- ment to the license agreement between the City and Success Broadcasting Company which would provide that in the event that the licensee's installation would interfere with necessary public use of this property, the licensee would be required to modify their install- ation so that the interference would be eliminated; and if this were not found to be feasible, upon one year's notice, the City would have the right to recall the licenses or to terminate the agreement. The licensee' request to extend the term of the agreement to Novembc r 30, 1971, subject to this amendment being worked out • to the satisfaction of the City and Success Broadcasting Motion x Company, was approved. Ayes x x x x x x x Subject communications (a) and (b) were ordered filed. Motion x Ayes x xxx xx aft turrn 2. A letter dated July 23, 1966 from James M. Watkins uato apt of the Newport Art Center requesting action on a needed Tt Centel left turn into the Center from Pacific Coast Highway, was presented. James Watkins spoke from the audienc A °114 Subject letter was ordered filed. Motion x Ayes xx xx xxx Al ]Cola 3. A letter dated August 1, 1966 from the Balboa Island OLD A330C Improvement Association requesting notification of all aq nQ future applications for dredging, pier alterations or aleso la changes, or any request for action related to Balboa irediging Island water front, was received and referred to the Motion x �_R City Manager for reply. Ayes x x x x x x x s.Sendar 4. A letter dated July 25, 1966 from Dr. Andrew R. ppeal Sandor appealing fronrr the decision of the Planning Commission and the Building Department denying his 1. °1 ®® request to add a second story (interpreted by the A-10 Building Department to be a third story) to his home at 3431 Ocean Boulevard, Corona del Mar, was presented. The City Clerk's setting the matter for public hearing Motion x on August 22, 1966 was confirmed. Ayes x x x x x x x ayor ATTEST: • Acting City Clerk Page 31 i Index go��flag>in¢ so Q&ts CA -109 • • il.2tt ff� IL2P,lort�1� .ALE. • CITY OF NEWPORT BEACH Volume 20 - Page 32 A„n„c4 A 1QAA COUNCILMEN m o y m o v a 5. A letter dated August 3, 1966 from Betty J. Kelley alleging that property owners on Jasmine and Larkspur in Corona del Mar have been disturbed by unsanitary conditions arising from too many cats owned by one of the neighbors and requesting action in having such nuisance eliminated, and a letter dated August 3, 1966 from Mary E. Davis demanding Council to get rid of all cats belonging to neighbor on Larkspur Avenue and requesting the Council to order the City to clean the premises and cut lawns of said neighbor because of alleged odor, were presented. Calvin Monson, Assistant to the City Manager, read a report from Robert H. Apt, Housing Consultant of the Orange County Health Department, which stated that his inspection of above mentioned premises revealed no evidence of alleged conditions. Mr. Harry Budd spoke from the audience. A motion was made by Councilman Cook to instruct the Motion x City Attorney to draft an ordinance dealing with the number of cats being limited to four in any one resi- dence in the City of Newport Beach and that cats be licensed the same as dogs. Mary Davis and Betty Kelley spoke from the audience regarding above mentioned cat nuisance alleged to be on Larkspur Avenue. A vote was taken on Councilman Cook's motion, which Motion x motion failed to carry. Ayes x Noes xx xx xx Subject complaint letters were referred to the City Motion x Manager for action and report back on the status of Ayes x x x x x x the situation in ninety days. 6. A letter was presented from Orange County League of Cities enclosing a Resolution of the Orange County Division of the League of California Cities opposing the recommendations by the Advisory Commission in Intergovernmental Relations, and requesting suggested comment and criticism prior to the August 11th meetin . The proposed resolution of the Orange County League of Cities was supported and the Mayor was directed to Motion x send a letter expressing this action to the Orange Ayes x x x x x x x County League of Cities. M or ATTEST: Acting City Clerk Page 32 CITY OF NEWPORT BEACH COUNCILMEN Volume 20 - Page 33 s p y w P T Z p�CC 5 C n o m Index Avoiist A. 1966 I= for 7. The following claims for damages were denied, and the Motion x Dan City Clerk's referral of the claims to the insurance Ayes x x x x x x x 1_84 carriers was confirmed: scan (a) Claim of Scott D. Macaire on behalf of Susan Gail seagrd Macaire, minor, for personal injuries received June 11, 1966 in the park located on the ocean side of the 2900 block of Cliff Drive in Newport Beach when Susan lost control of her bicycle while riding it across a brick bridge across a ravine in the par and was thrown several feet to the ground below, allegedly because the bridge did not have proper hand rails and was not in good repair. (b) Claim of C. J. Schrieber for damages to his car chv icbar allegedly caused when he was struck by a street sweeper while making a right turn onto Marine Avenue on July 12, 1966. oIIo�o (c) Claim of V.I. P. Car Leasing Corporation for damages to a car leased to Las Vegas Properties, affiaiug allegedly caused when the driver went off a 2 -1(2 - 3 foot drop while making a left turn onto Palisades from Jamboree Road. aogffida 3 (d) Claim of Lucinda Jean King alleging loss of prop - ing erty when she was held for questioning on July 23, 1966 by Newport Beach Police. titter =IImis (e) Claim of Inter- Insurance Exchange of the Auto usl &Mge Club of Southern California as subrogee of Anita M. Ward and of Anita M. Ward for damages to the Ward automobile on May 8, 1966 at Highway 101 and Jamboree Road, allegedly caused when the Ward car was struck by a car belonging to the Newport Beach Police Department. • _— no 6 8. Summons and Complaint for Declaratory Relief; Reformation; Specific Performance; Quiet Title; Tres - n"12�u VS pass; or Rescission; Case No. 144942 in the Superior ""499 Court of the State of California for the County of Orange; nrt c¢o�, Carolyn Gehrman Martin vs. Charles H. Laws, Frances -oft & H. Laws; Martin R. Klitten; Russelia Fay Klitten; -villa Carl H. Quandt; Victor J. Swanson, doing business as y Croft & Neville; Title Insurance and Trust Company, a California corporation; City of Newport Beach, a ; 169 Mayor ATTEST: •Acting. City Clerk Page 33 i Index a Budget Am' ndinta CA -102 0 CA -108 CA -179 CA -63 Cla CA -109 CA-96 CITY OF NEWPORT BEACH Volume 20 - Page 34 A „n „cf A loge, COUNCILMEN loi ` ` � c Municipal corporation; James K. Ingham and Florence B. Ingham; United California Bank, a California corpor- ation, as Trustee Under Deed of Trust; Does 1 through 100, inclusive; served on the Deputy City Clerk on June 29, 1966; was referred to the City Attorney for Motion x action necessary to defend the City. Ayes x x x x x x x BUDGET ,AMENDMENTS: The following budget amendment was approved: Motion x Roll Call: C -4, in the amount of $185, being a net increase in surplus Ayes X X X X X X N . and an increase in Budget Appropriations and Revenue Estimates for purchase of Sabot to be used in sailing instruc- tion program; funds to be transferred from sinking fund established for the purpose of amortizing and purchasing Sabots; $495 to Estimated Revenues, Park & Recreation, Recreation Service Fees - Sailing; and $310 from Unap- propriated Surplus to Equipment N. O. C. , P. B. & R Recreation. COMMUNICATIONS - ADVISORY The following communications were ordered filed: Motion x Ayes xx xxx xx 1. A notice from the Local Agency Formation Commissiori of a hearing on August 10, 1966 regarding a proposed annexation to Costa Mesa Sani'taryDistrict designated as Annexation No. 101 (located southerly of Mesa Drive and westerly of Bayview). 2. A copy of August edition of Orange County Press Club Reporter. 3. Letters from the following opposing the licensing of surfboards: Alice J. , M. C. L., Kay, Sue, Mike, and Sherman C. Scott. 4. A letter dated July 28 from Buddy Rae Goodrich to Councilman Cooke expressing his interest in an animal ordinance authorizing the licensing of cats. 5. A letter from Newport Harbor Chamber of Commerce inviting members of the Council to attend its general membership meeting at the Balboa Bay Club at 7:30 A.M. , August 17. Mdy6r ATTEST: Ac ing Cfty Clerk Cl Page 34 Index 0 CA-69 CA-53 C&=39 CA -100 • CA-179 CA-49 CA-63 • CA -26 CITY OF NEWPORT BEACH Volume 20 - Page 35 August 8. 1966 COUNCILMEN 1� 1 fm11C f1 6. A notice of meeting of the California Highway Commis- sion to be held August 17, 1966 in San Diego. 7. Copies of Agenda of the Board of Supervisors meetings held July 26, 27, August 2 and 3, 1966. 8. A letter from Edward Lee Russel, M.D., Health Officer for the City of Newport Beach and the County of Orange enclosing report dated July 7, 1966 on investigation by Mr. Clifford Hanson of the Division of Environmental Sanitation of the health and sanitary conditions of the Newport Beach City Jail. 9. A letter dated August 4 from Mrs. V. I. Phalen enclos ing a clipping regarding City Building Permits from the Newport Harbor Ensign. 10. A letter from C. V. Turner dated August 4 regarding CATV franchise, cigarette tax, emergency Ordinance 1174 and the City Budget. 11. A letter from the Central Newport Beach Community Association dated August 4 inviting the Council and members of the City staff to attend a tree planting ceremony honoring Mr. Edward Healy on August 17 at Las Arenas Park. 12. A copy of letter from Division of Small Craft Harbors to Mrs. Mary Barclay regarding the licensing of surfboards in Newport Beach. 13. A letter from Attorney Jack J. Rimel addressed to City Clerk Margery Schrouder expressing appreciation for consideration and cooperation he received from her and other City personnel during the proceedings of Assessment District No. 49 and requesting her to express his appreciation to the members of the City Council. 14. A letter dated August 5 from the City of San Juan Capistrano enclosing copy of its ordinance adopted June 27, 1966, prohibiting the erection of certain structures within the public rights of way within the City of San Juan Capistrano and declaring the urgency yor ATTEST: Acting City Clerk Page 35 i CITY OF NEWPORT BEACH Volume 20 - Page 36 Index August 8, 1966 COUNCILMEN p A,r A pm T p Y m p P a p thereof; and stating that similar action by other cities "could encourage a decision that will give equal postal benefits to all residents of Orange County." M-89 Mayor Gruber stated that the Study Session regularly scheduled for August 15, 1966 will be held at 7:30 P.M. The meeting was adjourned at 11:45 P. M. to 7:30 P. M. , Motion x August 15, 1966. Ayes x x XXXXX M or • ATTEST: cting City Clerk • Page 36 i