HomeMy WebLinkAbout01/21/1980 - Adjourned Regular MeetingCOUNCILMEN
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ADJOURNED COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
Date: January 21, 1980
MINUTES
INDEX
Present
x
x
x
x
x
A. ROLL CALL.
Absent
x
x
B. Councilman Strauss asked that Item 5 under
"CURRENT BUSINESS" on Page 6 of the Minutes in
connection with Mr. Dmohowski's statement
regarding the Baywood Apartments be amended to
reflect that this statement referred only to the next
60 to 90 -day period that had been questioned.
Motion
x
The reading of the Minutes in full was waived, and
All Ayes
the Minutes of the Adjourned Council Meeting of
January 7, 1980 were approved as amended and
ordered filed.
Motion
x
C. The reading in full of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing regarding
Flammable
proposed Ordinance No. 1834, being,
Liquid
Storage
AN ORDINANCE OF THE CITY OF
0 -1834
NEWPORT BEACH ADDING SECTIONS
(94)
20.10.040 AND 20.51.032 TO THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
THE UNDERGROUND STORAGE OF
FLAMMABLE LIQUIDS,
Planning Commission Amendment No. 540, a request
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initiated by the City of Newport Beach to consider
an amendment to Title 20 of the Newport Beach
Municipal Code as it pertains to the underground
storage of flammable liquids in residential areas,
and the acceptance of an Environmental Document.
A report was presented from the Planning
Department.
Motion
x
The hearing was closed after it was determined that
All Ayes
no one desired to be heard.
Motion
x
Ordinance No. 1834 was adopted.
All Ayes
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1833, being,
Animal
Control
i
AN ORDINANCE OF THE CITY OF
0 -1833
NEWPORT BEACH AMENDING SECTION
(70)
7.04.100 OF THE NEWPORT BEACH
MUNICIPAL CODE PROVIDING FOR
IMPOUNDMENT AT A CITY FACILITY OF
ANY DOG WHICH BITES A PERSON AND
WHOSE OWNER CANNOT PROVIDE PROOF
OF CURRENT RABIES VACCINATION,
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was presented for second reading.
Volume 34 - Page 18
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COUNCILMEN
ROLL CALLC
Motion
All Ayes
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Motion
All Ayes
Motion
Motion
Ayes
Noes
•
Motion
All Ayes
Motion
All Ayes
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MINUTES
lnnunry 91 104n
INDEX
St
Balboa Bay
Club Lease
(38)
R -9718
CAC Appts
(24)
Bicycle Trails
CEQAC
x
Ordinance No. 1833 was adopted.
F. CONTINUED BUSINESS:
1. A letter from W. E. McNair was presented
requesting the extension of Prospect Street to
Seashore Drive.
A report was presented from the Public Works
Department.
x
The staff was directed to proceed with a project to
extend Prospect Street from Coast Highway to
Seashore Drive.
2. A report was presented from the City Attorney
regarding the revocation of authorization for Balboa
Bay Club Refinancing with the Oppenheimer Group.
x
Councilman Hart made a motion to rescind
Resolution No. 9643.
x
Mayor Ryckoff made a substitute motion to adopt
x
x
x
x
Resolution No. 9718, rescinding Resolution No.
x
9643, which will revoke the authorization for
International Bay Clubs, Inc., to enter into a
refinancing transaction with Oppenheimer
Industries, Inc., if said refinancing is not completed
by December 31, 1980, which motion carried, and
Resolution No. 9718 was adopted as amended to
change the completion date from October 1. 1980 to
December 31, 1980.
3. Appointments to the Citizens Advisory Committees
for a one -year term expiring December 31, 1980:
x
i (a) The following appointments to the Bicycle
j Trails Citizens Advisor Committee were
confirmed:
District 2, Councilman McInnis' appointment
was postponed until further notice.
(b) District 5, Mayor Ryckoff's appointment of
Albert Mace.
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District 7, Mayor Pro Tern Williams' appoint-
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ments to replace Robert L. Newcomb and Jim
Dodds were postponed to February 11, 1980.
x
(b) The following appointments to the
Environmental Quality. Citizens Advisory
Committee were confirmed:
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District 5, Mayor Ryckoff's reappointment of
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Bob Millar.
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Volume 34 - Page 19
INDEX
St
Balboa Bay
Club Lease
(38)
R -9718
CAC Appts
(24)
Bicycle Trails
CEQAC
COUNCILMEN
ROLL CALL 99s3' c� s�
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Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
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MINUTES
January 21 1980
INDEX
Litter
Zontrol
transportation
Plan
City Corpora-
tion Yard
(73)
Permits
Driveway
(65)
District 7, Mayor Pro Tern Williams'
reappointment of Bernard Pegg and the
postponement of his other appointment to
replace Jean Wegener.
x
(c) The following appointments to the Litter
Control Citizens Advisory Committee were
confirmed:
District 1, Councilman Strauss' appointment
of Ann Iverson.
District 2, Councilman McInnis' postponement
of his appointment until further notice.
District 7, Mayor Pro Tern Williams
postponement of his appointments to replace
Cindy Houston and Elaine Linhoff.
x
(d) The following appointments . to the
Transportation . Plan Citizens Advisory
Committee were confirmed:
District 1, Councilman Strauss' appointment
of Jean Cohen and Agnes Kalb to replace Ron
Kennedy and Dan Gilliland.
District 7, Mayor Pro Tern Williams'
reappointment of Jeanne Giordanno, and
postponement of the appointment to replace
Calvin McLaughlin.
G. CURRENT BUSINESS:
1. A report was presented from the Public Works
Department regarding the City Corporation Yard,
Phase A Improvements.
x
The Phase A portion of the plan was approved, and
the staff was authorized to obtain a proposal for
architectural services for the Phase A
improvements.
2. A report was presented from the Public Works
Department regarding an appeal from a denial by
the staff of an application for a permit to construct
a driveway approach at 320 Fullerton Avenue
(EP 79 -271).
A
A letter from Harbor Builders was presented in
support of the driveway approach.
Dan Tucker, applicant, addressed the Council and
stated that he had had the driveway approach for
several years and was now seeking only to improve
I
it.
x;
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Mayor Ryckoff made a motion to reverse the action
Iof
the staff and to approve the application.
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Volume 34 - Page 20
INDEX
Litter
Zontrol
transportation
Plan
City Corpora-
tion Yard
(73)
Permits
Driveway
(65)
i� .,
COUNCILMEN MINUTES
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ROLL CALL INDEX
Councilman Heather arrived and took her seat at the
Council table.
•Ayes
x
x
x
x
x
A vote was taken on Mayor Ryckoff's motion, which
Abstain
x
motion carried.
3. A report was presented from the Public Works
Permit/
Department regarding the application of Peter
Driveways
Wilson and Chris Brown to relocate a common
(65)
driveway approach that serves two duplexes located
at 400 Dahlia Avenue and at 2516 -18 Bayside Drive.
Motion
x
The request was approved, subject to (a) the
All Ayes
approval by the staff of detailed plans for
construction of the driveway; (b) removal of the
abandoned curb cut; and (c) restoration of the
parkway area.
4. A report was presented from the Marine Department
Permits/
regarding Harbor Permit Application No. 1011 -097
Harbor
of the Balboa Coves Community Association to
(51)
revise an existing float at the Balboa Coves.
Mayor Ryckoff informed the Council that the
applicant had requested continuance to February 11.
Motion
x
Consideration of Harbor Permit application No.
All Ayes
1011 -097 was continued to February 11, 1980 as
requested by applicant.
•
5. A report was presented from the Parks, Beaches and
Recreation Director regarding proposed Council
Council
Policy
Policy I -17.
(69)
Motion
x
Council Policy 1 -17, 01Oasis Senior Center Operation
All Ayes
and Relationships;' was adopted.
6. A letter from the Corona del Mar Chamber of
Trash
Commerce was presented requesting special trash
(44)
pickup and permission to enclose data in water bills
March 1 and March 15.
The City Manager informed the Council that the
City was already committed to special trash pickups
on the dates requested of March 22 and 29, but could
make the pickup on April 12 and 19, which dates
were agreeable with the Chamber of Commerce.
The Manager also explained that it would not be
possible to include the Chamber's data in the
March 1 and 15 water bill mailings.
Motion
x
A special trash pickup on April 12 and 19 was
All Ayes
approved; the preparation of a Budget Amendment
in the amount of $1,370.00 was authorized; and the
inclusion of data by the Chamber of Commerce in
the water bill mailings of March 1 and March 15 was
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denied.
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COUNCILMEN MINUTES
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ROLL CALL stop 9�s January 21. 1980 INDEX
7. Letters from the County of Orange were presented
Election
certifying that the Reform Initiative to Amend
(39)
Charter of Newport Beach concerning election dates
has received sufficient signatures to qualify for the
ballot.
Motion
x
Resolution No. 9719, causing City Measure "D" to be
R -9719
All Ayes
placed on the April 8, 1980 General Municipal
Election, was adopted.
H. CONSENT CALENDAR:
Motion
All Ayes
x
The following actions were taken as indicated except for
those items removed:
1. ORDINANCES FOR INTRODUCTION:
For introduction and set for public hearing on
February 11, 1980:
(a) Removed from the Consent Calendar.
For introduction and pass to second reading on
February 11, 1980:
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
•
(a) Removed from the Consent Calendar.
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for reply, a letter from the Central
Newport Beach Community Association
requesting a cost breakdown on the new
"branch" library. (Attached)
00)
(b) To staff for inclusion in on -going study,
letters from Phyllis Jane Lanz, William L.
Lanz, Robert DeJong, Marvin E. Vogel, M.R.
Wilson, Berniece L. Reynolds, Farrel H.
Smith, Betty Jo Chace and Wendell J. Booth
supporting a Santa Ana River marina.
(51)
(Attached)
(c) To staff for reply, a letter from Beverley H.
Jones regarding parking issues in Corona del
Mar, down zoning in Corona del Mar and the
term "Dwelling Unit." (Attached)
(94)
4. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) A letter from the Corona del Mar Civic
Association inviting Council members to
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attend their first meeting of 1980. The guest
speaker will be Police Chief Gross.
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(Attached)
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COUNCILMEN MINUTES
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ROLL CALL 7anuary 21. 19Rn INDEX
(b) A letter from the Orange County Division of
the League of California Cities urging early
registration for the February 2nd Division
Conference. (Attached)
(c) Minutes of Friends of OASIS - Board Meeting.
(Attached)
(d) A letter from Quinlan Insurance, Inc.
extending their appreciation for the splendid
CPR training offered by our Paramedics.
(Attached)
(e) Preliminary Agenda of the Local Agency
Formation Commission of Orange County for
January 23, 1980.
(f) Excerpt from the Minutes of the Orange
County Board of Supervisors regarding the
Consent to Sublease to the Newport Arches
Marina and Donald W. Richardson dba
Richardson Sportfisher Sales in Lower
Newport Bay.
(g) Excerpt from the Minutes of the Orange
County Board of Supervisors regarding the
tideland mooring fees for Newport Harbor.
(Attached)
(h) A resolution of the Board of Supervisors
annexing certain territory to certain special
districts for County administered lighting and
•
maintenance districts.
(i) 1979 Annual Report, "Housing is for
Everyone," from the Orange County Housing
Authority.
(j) Letters from Al "King Alfonso' Lizanetz.
(k) A letter of appreciation from Helen
Kawagoe, City Clerk of the City of Carson,
for assistance with the annual League
conference of the City Clerks Department
resolution regarding "Local Obligations for
Campaign Financing Review."
(1) Hearings before the Public Utilities
Commission:
1) Southern California Edison
Company for a reopened
hearing to consider
I
Modification No. 90967.
2) Southern California Edison
Company for a rate increase.
i
(m) Agenda of the Board of Supervisors Meetings
of January 8, 9, 15 and 16, 1980.
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COUNCILMEN MINUTES
ROLL CALL 3sT S� 'Innnary 91. 1o4n INDEX
(n) A letter of appreciation from the Newport
Harbor American Legion Post No. 291 in
connection with the City services during and
after the fire on November 14. (Attached)
(o) A letter from the Laguna Greenbelt, Inc.
inviting Council to their tenth Annual
Meeting. The speaker will be Congressman
Jerry Patterson whose subject is the proposed
Orange Coast National Urban Park.
(Attached)
5. CLAIMS FOR DAMAGES:
For denial and confirmation of the City Clerk's
Claims
referral of claims to the insurance carrier:
(36)
(a) Claim of Kimberly Glick for property damage
Glick
to her vehicle on November 24, 1979 when it
was allegedly hit by a fire truck in the
Sporting House parking lot.
(b) Claim of Harold G. McBee for property loss
McBee
during an art exhibit of his work at the
Newport Beach Police Station when two
pieces of his work were allegedly removed.
(c) Claim of Alice B. Rosenberg for personal
Rosenberg
injuries which occurred on November 9, 1979
when she allegedly tripped over a badly
decomposed cement walk adjacent to the
.
Eastbluff Elementary School on Vista del Oro.
(d) Claim of Betty Burkart for property damage
Burkart
on January 5, 1980 when a garbage truck
allegedly hit and demolished a mail box at
2017 Yacht Resolute, Newport Beach.
For denial:
(e) Application for Leave to Present Late Claim
Sutcliff
of Patricia Sutcliff for personal injuries
which were the result of a collision allegedly
caused by a Newport Beach Police Officer
who was chasing a burglary suspect on March
22, 1979 allegedly without emergency lights
or siren while he was off duty.
6. SUMMONS AND COMPLAINTS:
For confirmation of the City Clerk's referral to the
insurance carrier:
(a) Summons and Complaint of Donald G.
Donald G.
Charley for Intentional Violation of
Charley
Constitutional Rights, False Imprisonment,
Infliction of Emotional Distress and
Negligence; Case No. 325860 in the Superior
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Court of Orange County.
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Volume 34 - Page 24
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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(b) Summons and Complaint of Otto and Phyllis
Christensen
Christensen for damages for personal
property allegedly lost by the Newport Beach
Police Department after being recovered
from a burglary; Case No. 38383 of the
Harbor Judicial District Municipal Court.
(c) Summons and Complaint of Eric Bryan
McNamara
McNamara, a minor, by John McNamara for
personal injuries, Case No. 313020 in the
Orange County Superior Court. The original
claim was for injuries suffered when Eric
McNamara was hit by an automobile on
Campus Drive after a fence protecting
pedestrians had been removed.
For confirmation of the City Clerk's referral to the
City Attorney:
(d) Petition for Writ of Mandate and Alternative
Koll Company
Writ of Mandate and Complaint for
Delaratory Relief and for Preliminary and
Permanent Injunction; Memorandum of Points
and Authorities in Support of Petition for
Writ of Mandate and Alternative Writ of
Mandate; and Alternative Writ of Mandate
and Order Directing Issuance of the Koll
Company, a corporation; and Aetna Life
Insurance Company, a corporation; Case No.
326876 in the Superior Court of the State of
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California.
7. REQUEST TO FILL PERSONNEL VACANCIES - For
approval: (A report from the City Manager)
(a) One Tree Trimmer II, Parks Department, to
fill a position now vacant.
(b) One Laborer, General Services Department,
to fill a position now vacant.
(c) One Equipment Mechanic III, General
Services Department, to fill a position now
vacant.
(d) One Refuse Crewman, General Services
Department, to fill a position now vacant.
(e) One Building Maintenance Man 11, General
Services Department, to fill a position now
vacant.
(f) One Equipment Mechanic I, General Services
Department, to fill a position now vacant.
Volume 34 - Page 25
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CITY OF NEWPORT ®EACH!
COUNCILMEN MINUTES
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(g) One Purchasing Clerk I, Finance Department,
to fill a position to be vacant.
I`
(h) One Clerk Typist II, City Clerk's Office, to
fill a position now vacant.
W One Associate Planner, Planning Department
to fill a position now vacant.
8. REPORTS - For Council information and filing:
(a) A letter from Teleprompter advising their
CATV
progress in installing cable television service.
(42)
(Attached)
(b) A report from the Assistant to the City
Manager regarding Assembly Bill 699
regarding cable television. (Attached)
9. PUBLIC HEARING SCHEDULING - Se: for public
hearing on February 1. 1, 1980:
(a) A request of The Irvine Company, Newport
Harbor VW
Beach, to consider a Traffic Study for the
Hills P -C
proposed construction of sixty -eight
Amendment
apartment units on 10.6 gross acres; located
(94)
at 1601 San Miguel Drive, on the
northeasterly side of San Joaquin Hills Road,
between MacArthur Boulevard and San Miguel
Drive in Harbor View Hills ( Baywood
Apartments); zoned P—C. (A report from the
Planning Department)
(b) Planning Commission Amendment No. 536, a
request of The Irvine Company, Newport
Beach, to amend the Planned Community
Development Plan for Harbor View Hills to
permit the expansion of Area No. 8 ( Baywood
Apartments) of the Planned Community for
additional multi - family residential units, and
the acceptance of an Environmental
Document. Property located at 1601 San
Miguel Drive. (A report from the Planning
Department)
(c) Resubdivision No. 637, a request of The Irvine
Resub 637
Company, Newport Beach, to combine one
(84)
parcel and a portion of Blocks 92 and 93 of
Irvine's Subdivision into one building site to
permit the expansion of the Baywood
Apartment complex on the property located
at 1601 San Miguel Drive, on the
northeasterly side of San Joaquin Hills Road,
between MacArthur Boulevard and San Miguel
Drive in Harbor View Hills ( Baywood
Apartments); zoned P-C. (A report from the
Planning Department)
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Volume 34 - Page 26
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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(d) Condemnation of vacant lot on Tustin Avenue
Condemnation
opposite Avon Street to gain access to City
Tustin Av
Parking Lot. (A report from the City
lot
Attorney)
(73)
10. SEAL COAT PROGRAM 1979 -80, PHASE I
Seal Coat
(C -2120) - Approval of plans and specifications; and
Program
authorization to the City Clerk to advertise for bids
(38)
to be opened at 10:30 a.m. on February 12, 1980. (A
report from the Public Works Department)
11. HARBOR ISLAND WATER AND SEWER MAIN
Harbor Island
REPACEMENT PROGRAM 1979 -80 (C -2112) -
Water & Sewer
Approve the revision in bid opening date from 10:30
Main
a.m. on January 22, 1980 to 10:30 a.m. on
Replacement
January 29, 1980. (A report from the Public Works
(38)
Department)
12. RESUBDIVISION NO. 551 - Acceptance of public
Resub 551
improvements constructed in conjunction with
(84)
Resubdivision No. 551, a portion c,: Lot 288,
Newport Heights, located at 2309 and 2311 - 22nd
Street, on the southwesterly side of 22nd Street
between Irvine Avenue and Tustin Avenue, westerly
of Upper Newport Bay; authorization to the City
Clerk to release the Faithful Performance Surety
(Certificate of Deposit No. 18-0149360; and
authorization to the City Clerk to release the Labor
and Materials Surety (Certificate of Deposit No.
18-014935 4) in six months provided no claims have
been filed. (A report from the Public Works
Department)
13. MAINTENANCE HARBOR DREDGING PERMITS-
Permits/
Aoproval of the following maintenance dredging
Harbor
harbor permits, subject to the conditions of approval
(51)
listed in the general permit issued to the City by the
Corps of Engineers: (A report from the Marine
Department)
109 -1701 1701 E. Bay Avenue Gingerlee Field
153 -331 331 E. Bavfront Hargraves Property
161 -7 f/7 Bay Island Bay Island Club
164 -19 #19 Bay Island Bay Island Club
110 -1114 1114 E. Balboa Blvd. 3. R: Bahan
14. BUDGET AMENDMENTS - For approval:
BA -037, $500.00 transfer of Budget Appropriations
for filing fees for annexation of County Triangle,
from Unappropriated Contingency Reserve to
Nondepartmental, Special Departmental Expense,
General Fund.
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ROLL CALL 9=rd' Inniinry 71 igRn INDEX
I. ITEMS REMOVED FROM THE CONSENT
CALENDAR:
1. A report was presented from the Planning
Department regarding Planning Commission
Amendment No. 538(a).
Motion
x
The proposed ordinance, being, AN ORDINANCE OF
Dwelling
All Ayes
THE CITY OF NEWPORT BEACH AMENDING
Units
SECTION No. 20.87.140 OF THE NEWPORT BEACH
(94)
MUNICIPAL CODE AS IT PERTAINS TO THE
DEFINITION OF THE TERM "DWELLING UNIT" BY
DELETING REFERENCE THEREIN TO 600 SQUARE
FEET OF SUPERFICIAL FLOOR AREA IN A
DWELLING UNIT, Planning Commission Amendment
No. 538(a), a request to consider an amendment to
Section 20.87.140 of the Newport Beach Municipal
Code as it pertains to the definition of the term
"Dwelling Unit" and the acceptance of an
Environmental Document was tabled.
2. A proposed ordinance, being, AN ORDINANCE OF
Dwelling
THE CITY OF NEWPORT BEACH REPEALING
Units
SECTION 15.04.040, AMENDING SECTION
(26)
15.06.090 AND REPEALING CHAPTER 15.21 OF
THE NEWPORT BEACH MUNICIPAL CODE TO
ELIMINATE THE 600 SQUARE FOOT MINIMUM
FLOOR AREA FOR RESIDENTIAL DWELLINGS
WITHIN THE CITY OF NEWPORT BEACH was
considered. (Report with previous ordinance which
was tabled)
Motion
x
Councilman McInnis made a motion to refer the
Ayes
x
x
ordinance back to staff, which motion failed.
Noes
x
x
x
x
Motion
x
Mayor Ryckoff made a motion to introduce
0 -1836
Ayes
x
x
x
x
Ordinance No. 1836 and pass to second reading on
Noes
x
x
February 11, which motion carried.
Motion
x
3. Resolution No. 9720, changing the language
Election
Aye
x
x
x
x
x
appearing on the ballot for the General Municipal
R -9720
Noes
x
Election to be held on April 8, 1980, for City
(39)
Measures "A" and 1113,11 was adopted.
4. A report was presented from the City Attorney
Weed
regarding a proposed ordinance regarding mowing as
Abatement
opposed to disking of weeds in the Newport Bay
Procedures
Watershed and giving the Fire Chief the authority to
(41)
require mowing rather than disking of weeds if the
disking would cause a siltation or run -off problem in
the watershed of Upper or Lower Newport Bay.
Motion
x
All Ayes
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The proposed ordinance was reconsidered.
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Volume 34 - Page 28
COUNCILMEN
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Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
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MINUTES
INDEX
0 -1837
Mod 2496
(94)
Lifeguard
Services
(38)
x
Proposed Ordinance No. 1837, being, AN
ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 10.48.170 TO THE NEWPORT
BEACH MUNICIPAL CODE REGARDING MOWING
AND DISKING OF WEEDS IN THE NEWPORT BAY
WATERSHED was introduced, as amended to grant
authority to the Fire Chief on recommendation of
the Grading Engineer, and passed to second reading
on February 11, 1980.
J. ADDITIONAL BUSINESS:
x
1. The decision of the Modifications Committee
approving Modification Application No. 2496 of
Morad Zahabian, a request to permit alterations and
additions to an existing non - conforming commercial
building (Whitman's Garage) at 3222 East Coast
Highway, was called up by Council and referred to
the Planning Commission for consideration.
x
2. Approval was given to the submittal by the Marine
Department of a bid to the County of Orange for
City lifeguard services over a five -year period in the
County territory at the Santa Ana River mouth for a
two-year total through 1980 -81 of $46,770.00, with
the remaining three years to be at actual City cost
and /or Long Beach -Los Angeles Consumer Price
Index, whichever is less.
The Mayor adjourned the meeting at 8 : :55 P.M.
^ A
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Mayo
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Volume 34 - Page 29
INDEX
0 -1837
Mod 2496
(94)
Lifeguard
Services
(38)