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Home My WebLink About12/09/1968 - Regular Meeting_Index qw- r�L MacDonald Appeal • CITY OF NEWPORT BEACH Volume 22 - Page 128 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: December 9, 1968 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: Mayor Marshall welcomed the students from Newport Harbor and Corona del Mar High Schools participating in Youth Civic Day on December 12, and she stated that the evening marked the opening of Youth Civic Week. The reading of the Minutes of the Regular Meeting of No- vember 25, 1968 was waived, and said Minutes were ap- proved as written and ordered filed. Councilman Hirth joined the meeting and took his seat at the Council table. Mayor Marshall made a special presentation of a retire- ment plaque, on behalf of the Council, to Viona Burdick for her seventeen and one -half years of dedicated service to the City of Newport Beach. HEARINGS: 1. Mayor Marshall opened the public hearing regarding the appeal of W. Fred MacDonald from the decision of the Planning Commission denying Resubdivision Ap- plication No. 256 which requests approval of the division of five lawfully subdivided lots into ten sepa- rate lots at 633 Lido Park Drive, Newport Beach, Lots 6- 7- 8 -9 -10, Tract 815, Zone C -2. A letter from Richard A. Higbie, attorney for the appellant, was presented with the findings of the Planning Commission. Acting Planning Director D aren Groth reported on the findings of the Planning Commission. Richard Higbie, attorney representing Mr. MacDonald, spoke from the audience. Mayor Marshall closed the hearing with the unanimous consent of the Council. The findings of the Planning Commission were sus- tained, and the matter was referred back to the Planning Commission for consideration of a new ap- plication to be prepared by the applicant which would request subdivision into six separate lots. Page 128 COUNCILMEN Present Absent Motion Ayes Absent Motion Ayes Ix Ix IM xix x x CITY OF NEWPORT BEACH Volume 22 - Page 129 December 9, 1968 141P' 2. Mayor Marshall opened the public hearing in con - Weed nection with the Weed Abatement Program (Fall 1968) Abatement for Council consideration of the report of the Fire Fall 1968 Chief, copy of which had been posted on the bulletin board of City Hall for at least ten days prior to the date of hearing and published twice in the official newspaper of the City, in accordance with Resolution No. 6869 and Chapter 10.48 of the Municipal Code, and for Council to hear any objections from the property owners liable to be assessed for the work of abatement. The report dated November 27, 1968 from the Fire Chief and the Assessment List on abatement of weeds and other nuisances within the City were presented. • No one desired to be heard. Mayor Marshall closed the hearing with the unanimous consent of the Council. Resolution No. 6905 confirming the report of the Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor -Con- troller of Orange County to enter the amount of each assessment referred to in said report on the County tax roll, was adopted after the reading of the reso- lution was waived by unanimous consent of the Council. ORDINANCE FOR INTRODUCTION: Amended Ordinance No. 1276, being, Parades / AN ORDINANCE OF THE CITY OF NEWPORT BEACH M ADDING CHAPTER 13.16 TO TITLE 13 OF THE "cade NEWPORT BEACH MUNICIPAL CODE REGULATING PARADES AND MOTORCADES ON THE PUBLIC STREETS AND SIDEWALKS, was presented with a memorandum from the City Attorney. Amended Ordinance No. 1276, as modified, was intro- duced and passed to second reading on December 23, 1968. CONSENT CALENDAR: The following items were approved by one motion affirm- ing the actions on the Consent Calendar: 1. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Li�ard Resolution No. 6906 authorizing execution of a Grant Head- Deed conveying the Old Lifeguard Headquarters quarters Old) page 1 29 COUNCILMEN Motion Roll Call: Ayes Motion Ayes Motion Roll Call: Ayes x X1 CITY OF NEWPORT BEACH Volume 22 - Page 130 1 rldex December 9, 1968 W property to Theodore R. Barben II and Leone Elizabeth Hilton Barben. R-esub Resolution No. 6907 authorizing the execution of an No. 202 agreement with George C. Iverson, subdivider, for the construction of improvements in Resubdivision No. 202. Resolution No. 6908 requesting the County of Orange 32nd St. to include within the Arterial Highway Financing Pro - Widening gram for fiscal year 1969 -70 the improvement of 32nd Street between Newport Boulevard and Balboa Boule- vard. (A report from the Public Works Director was presented.) Tamboree Resolution No. 6909 requesting the County of Orange *Rd to include within the Arterial Highway Financing Pro - Palisades/ gram for fiscal year 1969 -70 the construction of ��Althi- Jamboree Road between Palisades Road and MacArthur Extension Boulevard. (A report from the Public Works Director was presented. ) Z. The Table of Authorization was amended to add a =reneral Secretary I position (Salary Range 31) effective No- ,ervices vember 25, 1968, and to abolish the Principal Clerk ')ept. position (Salary Range 30.5) effective February 1, 1969, in the General Service Department. (A report from the City Manager was presented. ) 3. A Leave of Absence from January 2, 1969 to July 1, 1.v of 1969 without pay for Donald Sanford, Fireman, was Absence approved. (A report from the City Manager was presented.) • 4. The following Budget Amendments were approved: dget C -31, $1600. 00, transfer of Budget Appropriations Amend- for additional funds for purchase of sound level ,?nts measuring device from Unappropriated Contingency Reserve to Police, Equipment, N. O. C., General Fund. (A report from the City Manager was pre- sented.) C -32, $860.00, transfer of Budget Appropriations for additional funds as a result of the creation of a new Secretary I position in the General Services Depart- ment from Unappropriated Contingency Reserve to General Services - Administrative, Regular Salaries, General Fund. (A report from the City Manager was presented.) Page 130 COUNCILMEN Maims for Damage s ;reason "i cha.el s n LJ ?ne -way streets -:dM >icycle 1 rails ,usiness i.icense ^.ppli- _ ations • 'reeway & :xnre s swal y stem W CITY OF NEWPORT BEACH Volume 22 - Page 131 December 9, 1968 C -33, $130.00 transfer of Budget Appropriations for purchase of 5 drawer legal size file with lock from Unappropriated Contingency Reserve to City Manager - Administrative- Office Equipment, General Fund. (A report from the City Manager was presented. ) 5. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Jerry Gleason for damage to his car allegedl, caused when a pail of yellow paint was dropped from a City fire truck and splashed on his car. Claim of John Patrick Michaels, Jr. for damage to his property at 144 Bayside Village allegedly caused by Police Officers investigating in answer to a call. 6. A letter from See's Candy Shops, Inc. opposing one - way streets in Corona del Mar and a letter from Ron Yeo, A.I.A. Architect, in favor of one -way streets but opposing the filtering of freeway traffic through the Corona del Mar residential streets, were referred to staff for inclusion in its study. 7. Letters from Mrs. Sylvia Brokaw and Mr. Harold M. Skeels protesting bicycle riding on sidewalks which are posted to prohibit bicycle riding, were referred to the staff for reply. 8. The following applications for business licenses were approved: Application of M. C..Millins, owner of Sinker, Ltd., 227 20th Street, for floating dry dock. Application of Runo Rath, owner of Budget Rent A Car; 4625 West Coast Highway, for car rentals. Application of A. M. Vierech, partner, South Coast Car Leasing, 300 West Coast Highway, for car leasing. 9. A letter from the California Roadside Council regard- ing a proposed resolution in connection with changes in the Bureau of Public Road Policy, and urging counties and cities to give favorable consideration to supporting fully or in principle the Federal Highway Administration's proposal to involve the public more directly in highway location and design decisions, was referred to staff for study and report. Page 131 COUNCILMEN ,koex W_ F.xne n s e Accounts • rvine Ave. rnu_rVVe- .,ar. A ,order _ • )r Co AA rport Sr Cc '.irport W. CITY OF NEWPORT BEACH Volume 22 - Page 132 December 9, 1968 10. The expense accounts of Mayor Doreen Marshall, Councilman Paul J. Gruber and City Manager Harvey Hurlburt for attendance at meeting of the California Highway Commission in connection with the Newport Freeway relocation in Santa Maria on November 20 and 21, 1968, were approved. 11. The following Advisory Communications were ordered filed: Copy of the City of Brea's resolution calling for a return to respect for law and order and civil obed Letter from Dr. Roberta M. Dolp requesting a repre- sentative of the Council be present in the court case testing the legality of the Upper Newport Bay land exchange. Copy of letter to City Manager from attorney Otto A. Jacobs regarding debris and other matter deposited on his property in connection with widening of Irvine Avenue and City Manager's reply indicating the pro- perty to be public parkway. Copy of resolutions of the cities of Uplands, El Segundo and National City urging and encouraging legislators of the United States and State of California and appropriate governmental officials to seriously consider closing the United States - Mexico border to American minors seeking entry into Mexico unless said minors are accompanied by a parent or other responsible adult and relating to the curtailment of narcotics, marijuana and dangerous drug problem in California. Copy of a letter to Mayor Marshall and the City Coui from Zelda Robinson stating that she is awakened . every morning of the week by noisy, low- flying air- craft and stating that if this continues, the area will be "sterilized" before the year is out. A letter to Mayor Marshall from Dave Carroll, and copy of Mayor Marshall's reply, expressing approval of the Newport Beach City Council's policy statement regarding the Orange County Airport's operation and development. Copy of resolution of the Orange County.Coast Associ- ation relating to the location of the Orange Freeway and requesting studies be made thereon. Page 132 COUNCILMEN Index December CITY OF NEWPORT BEACH Volume 22 - Page 133 Agenda of the Board of Supervisors meetings held November 26, 27, December 3 and 4, 1968. Notice from the Public Utilities Commission that the -;kybus, application of Skybus, Inc. for a Certificate of Public Inc.. Convenience and Necessity has been dismissed. Public Utilities Commission Notice of Application of Pacific Lighting Service and Supply Company for an increase in gas rates to offset higher costs occasioned by an increase in the rates of El Paso Natural Gas Company, to utilize certain gas cost reductions, and to change its tariff to a cost -of- service basis. Public Utilities Commission Notice of Application of Southern Counties Gas Company of California for an • increase in gas rates to offset higher costs occasioned by an increase in the rates of its supplier El Paso Natural Gas Company, to utilize certain gas cost re- ductions, and for other revisions in its tariffs. Notice of change of date from December 12 to De- iideland cember 11 of the Assembly Subcommittee on Conser- - -_ ' Sub- vation and Beaches and on Marine Resources hearing .,erged on the subject of "The Public Interest in the Shoreline I.an[3R and Coordinated Marine Resource Development" to be held in the Council Chambers of the City of Newport Beach. Letter from the League of California Cities regarding I,a.hor schedule of regional meetings for management officials [-elations concerning draft of suggested employer - employee re- lations ordinance and stating they hope it will be pos- sible for a City representative to be present at the • regional meeting nearest Newport Beach. CONTINUED BUSINESS: COUNCILMEN 1. Resolution No. 6910, urging Congressional hearings " ^xican in Southern California on the subject of narcotics ;order traffic between Mexico and California, as amended, Motion was adopted after the reading of the resolution was Roll Cal waived by unanimous consent of the Council. Ayes 2. A report from the Public Works Department regarding mp -way a letter dated November 18 from Mrs. Mary Burton streets in connection with one -way streets in Corona del Mar ;dM was presented. Traffic Engineer Robert Jaffe spoke regarding his recommendations. Page 133 1dex Dec OIL- 1_ is I CU 1. Labor Relations 2. Washingto St /Bay Av Prkg Lot/ Restroom • 3. Assess- ment District 51 CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 134 A Z ZNO Z fOA p2P ember 9, 1968 z The staff was directed to prepare two re solutions, which Motion x would prohibit parking on the south side of Seaview Ayes xxxxx x westerly of Marguerite throughout the year and extend the summer weekend and holiday parking prohibitions on side streets to every day commencing prior to Memorial Day, and return to Council for public dis- cussion. A status report on the proposed one -way street system in Corona del Mar was presented from the Public Works Department. The staff's recommendation to discontinue consider- ation of a one -way street system in Corona del Mar Motion x was approved. Ayes x x x x x x', R.RENT BUSINESS: A memorandum was presented from the City Manager regarding the establishment of certain categories of employee positions by department and classification. Resolution No. 6911, establishing special categories of municipal employees for purposes of employer - employee relations, was adopted after the reading of Motion x the resolution was waived by unanimous consent of Roll Call: the Council. Ayes xxxxx x A memorandum was presented from the Public Works Department regarding acceptance of public restrooms and parking lot at Washington Street and Bay Avenue (C- 1153). The work on subject project was accepted; an ex- Motion x tension of time of fer'ty -nine calendar days because Ayes xxxxx x of extra work, acts of the City and a telephone com- pany strike, was approved; the City Clerk was author- ized to file a Notice of Completion and to release the bonds thirty -five days after the Notice of Completion has been filed; and the Finance Director was authorize to pay the 10076 retention immediately. A memorandum was presented from the Public Works Director regarding the receipt of three bids in con- nection with Assessment District No. 51 (West New- port street and alley improvements). Resolution No. 6912, awarding a contract to Sully - Miller Construction Company, in the amount of $97, 346. 10, for the work in Assessment District No. 51 pursuant to the, "Improvement Act of 1911, " was adopted after the reading of the resolution was waived Motion x by unanimous consent of the Council; and the Super- Roll Call: intendent of Streets was authorized to execute the Ayes x x x x x x contract. Page 134 x x xi "_r :C U Vi �t. Al )i D: �i : -E i ;i ;y CITY OF NEWPORT BEACH COUNCILMEN Volume 22 - Page 135 dex December 9, 1968 4. The following communications were presented re- nexation garding proposed Annexation No. 62 (Upper Harbor . 62 View Hills - Phase II): ope r rbor (a) Letter from The Irvine Company dated December aw Hills 3 formally requesting that certain of its properties ase II) therein described as Harbor View Hills Annexation II, be annexed to and serviced by the City of New- port Beach, with the understanding that The Irvine Company would request planned community zoning of said 106 -acre parcel of land. (b) Memorandum from the Acting Planning Director regarding the proposed annexation, stating the Planning Commission approved P -C zoning, and further stating that the Local Agency Formation Commission granted authorization to the City to • annex such territory without notice and hearing. (c) Letter from The Irvine Company dated December stating that the territory will be subject to taxation after annexation equally with other property in the City. Resolution No. 6913, approving the annexation to the City of certain uninhabited territory contiguous to the City of Newport Beach and known as Upper Harbor View Hills - Phase II, Annexation No. 62, was adopted Motion x after the reading of the resolution was waived by Roll Call: unanimous consent of the Council. Ayes xxxxxx x S. A letter from Mr. Jack Kimball, District Manager of ?squito the Orange County Mosquito Abatement District, ,atement stating that the two year term of office of the City's St. representative, Mr. A. Sandy Steiner, would expire Co. at the end of the year, and requesting reappointment of Mr, Steiner or a successor for him for the next two year term of office ending December 31, 1970 was Motion x referred to the Council Appointments Committee. Ayes x x x x x x ADDITIONAL BUSINESS: 1. The following Budget Amendment was approved: Motion x Roll Call: C -34, $679. 00 transfer of Budget Appropriations for Ayes x x x x x x x training equipment and subscription cost to television training programs from Unappropriated Contingency Reserve to Police- Services - Professional - Technical ($524) and Equipment, N. O. C. ($155), General Fund. stributioi 2. A Council policy statement on Distribution of Public Public Relations Material Through the Water Billing System, Motion x la.t;ons as amended, was adopted. Ayes xxxxxx x y4nrial rough ?r 'All l lino, stem Page 135 CITY OF NEWPORT BEACH Volume 22 - Page 136 Index neremher 9. 1968 COUNCILMEN S p v O r N S c? G Mayor Marshall stated that in place of the regularly scheduled Study Session for December 16 there would be an adjourned meeting on that date. The meeting was adjourned at 9:03 P. M. to 7:30 P.M. on Motion x December 16, 1968. Ayes x x x x x x x ��OOrn —�V lkl� mayor Or ATTEST: r i City Clerk' Page 136