HomeMy WebLinkAbout10/25/1965 - Regular MeetingIndex
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4649
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CITY OF NEWPORT BEACH
Volume 19 - Page 84
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: October 25, 1965
Time of Meeting: 7:30 P. M.
Place of Meetino• C.nnnril C'hamberA
COUNCILMEN
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Roll Call:
Present
x
x
x
x
x
x
Absent
The reading of the Minutes of the Regular Meeting of
September 27, 1965, and the Adjourned Regular Meeting
Motion
x
of October 11, 1965, was waived and the Minutes were
Ayes
x
x
x
x
x
x
approved as submitted.
Absent
HEARINGS:
1. Assessment District No. 49:
e The City Clerk stated that this was the time and place
fixed for the hearing of the protests or objections as
described in Resolution of Intention No. 6213 in the
matter of the construction of street lighting facilities
and appurtenances and appurtenant work in "Assess-
ment District No. 49," as described in said Resolution.
The City Clerk reported that Affidavits in support of the
publication of the Resolution of Intention, the mailing of
printed notices of the adoption of said Resolution, and
the posting of the Notice of Improvement, as required by
law, had been made and were on file in her office.
The Mayor inquired of the City Clerk if any written pro-
tests or objections against the work or the District had
been filed with her in said matter. The Clerk reported
that six written protests had been filed with her, prior to
the time set for the hearing by the following:
Mrs. Ethyl M. Ferguson, 124 4Znd Street, Newport
Beach; Mr. Rj. W. Fitzpatrick, 2338 Chapman Road,
LaCrescenta (an inquiry about cost, may not be pro-
test); Dr. and Mrs. Robert R. Campbell, 123 Center
Street, Anaheim; Ethel M. DeBard, 119 42nd Street,
Newport Beach; Donald A. Hart, 120 - 120- 1 /Z 46th
Street, Newport Beach; and George A. Ely, 6611
Seashore Drive, Newport Beach.
Mayor Gruber announced that this was the time and
place set for the hearing of protests or objections
against the work or the District, each as set forth in
the Resolution of Intention hereinbefore mentioned, and
he asked if anyone present desired to be heard in said
matter.
The City Clerk read said letters of protest.
Mayor
ATTEST:
c (�
City Clerk
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 85
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Minute
Resolution
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William McCann, property owner within the City, com-
mended the Council on the project and suggested that
the Council look into obtaining funds from the Federal
Government in this matter.
Donald Simpson, the Engineer of Work, reported that
the protests presented represented less than lojo of the
total area of the Assessment District.
No one else desired to speak from the audience.
All protestants having been heard and an opportunity
having been given to all persons desiring to be heard,
and a full, fair, and impartial hearing having been grant-
ed, and the City Council having before it a diagram of
the Assessment District and being familiar with the
Assessment District and having considered all protests
Motion
xl
filed, and having considered the matter as to the area of
Roll Call:
property represented by said protestants, the following
Ayes
x
x
x
x
x
xl
Minute Resolution was adopted on roll call vote:
Absent
WHEREAS, certain protests have been filed by
those listed above, and others, protesting against the
doing of the work and improvement described in
Resolution of Intention No. 6213, or against the
Assessment District therein described; and
WHEREAS, the City Council has carefully con-
sidered all protests or objections and having con-
sidered the area of the District represented by said
protests;
NOW, THEREFORE, BE IT RESOLVED by this
City Council, that it does hereby find and determine
that the said protests or objections have been made
by the owners of less than one -half of the area of the
property to be assessed for said work and improve-
ment, as set, forth in said Resolution of Intention
No. 6213; and
BE IT FURTHER RESOLVED, that each and all
of the said protests or objections be and they hereby
are overruled.
Attorney Jack J. Rimel spoke from the audience and
stated that he had prepared a Resolution ascertaining
and determing the prevailing rate of wages to be paid
for subject public work.
yor
ATTEST:
Citt Clerk
Page 85
X1
Index
R =6234
R -6235
0
Hrg.
Assessmt
Dist. #50
r.I
October 25. 1965
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 86
Resolution No. 6234 of the City Council of the City of
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Resolution No. 6234 of the City Council of the City of
Newport Beach, California, ascertaining and determing
Motion
x
the prevailing rate of wages to be paid for the public
Roll Call:
work described in Resolution of Intention No. 6213, was
Ayes
x
x
x
x
x
x
adopted.
Absent
x
Councilman Cook stated for the record, "I do not oppose
the Lighting District per se, but with an area that un-
doubtedly will be changed and have its face lifted a great
deal before the thirty -two years are up before we start
to break even and lose money, Ifeel rather strongly
that there is another method, cheaper for all the people,
therefore I refrain from voting; I am not against the
Assessment District."
Resolution No. 6235 of the City Council of the City of
Motion
x
Newport Beach, California, ordering the work described
Roll Call:
in Resolution of Intention No. 6213, was adopted.
Ayes
x
x
x
x
x
Absent
x
Abstained
from voting
x
It was agreed that the bids would be called for to be
opened at 10:00 A. M, on December 8, 1965.
2. Assessment District No. 50:
Mayor Gruber opened the public hearing in accordance
with Resolution No. 6214 in the matter of the installa-
tion of street lighting improvement and appurtenances
in Assessment District No. 50, and announced that this
was the time and place fixed by the Council to consider
protests by all interested persons who wished to 6bject
to the installation of street lights and appurtenances in
proposed Assessment District No. 50 which includes all
of Balboa Island.
The City Clerk reported that Affidavits in support of the
publication and posting of the Notice of Hearing, as re-
quired by law, had been made and were on file in her
office.
The Mayor inquired of the City Clerk if any written
protests or objections to the proposed improvement or
the assessment therefor had been filed with her in said
matter. The City Clerk reported that seven written
protests had been filed with her prior to the time set
for the hearing by the following:
Helen R. Gwynn and Delight G. Bacon, 609 North
Bay Front; W. C. Reeder, 607 North Bay Front;
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Mikyor
ATTEST:
T (�
City Clerk
Page 86
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Index
R -6236
0
llrg. on
Res 6217 -
Vacation
storm
drain
easemt.
CA -14
0
CITY OF NEWPORT BEACH
Volume 19 - Page 87
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Mrs. Stefano Torre, 223 Agate Avenue; John W.
Reeder, Jr. , 607 North Bay Front; Horace S. Mazet,
125 North Bay Front (not a protest but a suggestion
as to type of lights); T. W. Martin, 228 Agate Street;
William F. Peters, 302 Sapphire (in favor, not a
protest); Marjorie Dunwell, 205 Coral Avenue and
305 Marine Avenue; Richard A. Eddy, 213 Topaz
Avenue.
The Mayor announced that this was the time and place
set for the hearing of such protests or objections and
asked if anyone present desired to be heard orally in
said matter.
The City Clerk read the letters mentioned above. Ed
Soule, 317 Ruby Street, President of the Balboa Island
Improvement Association, spoke from the audience in
favor of the proposed Assessment District.
No one else desired to be heard.
All persons having been heard and all written protests
Motion
x
having been considered, the hearing was closed.
Ayes
x
x
x
x
x
x
Absent
The Public Works Director reported that the written
protests represented less than one -half of one percent
of the total area of the Assessment District.
Resolution No. 6236, being a Resolution of the City
Council of the City of Newport Beach denying all pro-
tests to a proposed improvement consisting of the in-
stallation of street lights and appurtenances in
Assessment District No. 50 (Balboa Island Street
Lighting District), establishing said Assessment
District pursuant to the provisions of the Street Lighting
Motion
x
Act of 1919, ordering that the proposed improvement
Roll Call:
be made, and determing that the requirement for public
Ayes
x
x
x
x
x
x
bids shall be waived, was adopted.
Absent
3. Mayor Gruber opened the public hearing in connection
with Resolution of Intention No. 6217 to vacate, close
up and abandon that certain storm drain easement in
Lot 7, Tract 5854.
No one desired to speak from the audience.
The hearing was closed.
Motion
x
Ayes
xx
xxx
x
Absent
f
X[Ayor
ATTEST:
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ity Jerk
Page 87
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CITY OF NEWPORT BEACH
Volume 19 - Page 88
Ortnhar 25. 1965
COUNCILMEN
s
O Y m m
7
Resolution No. 6237 of the City Council of the City of
Motion
x
Newport Beach ordering the vacation of a storm drain
Roll Call:
easement in Lot 7, Tract 5854, was adopted.
Ayes
x
x
x
x
x x
Absent
4. Mayor Gruber opened the public hearing regarding pro -
L141
posed Ordinance No. 1141, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE NEWPORT BEACH
MUNICIPAL CODE, ARTICLE IX, CHAPTER IV,
BY REPEALING SECTION 9104.14 RELATING TO
CHANGES IN SETBACKS.
No one desired to speak from the audience.
The hearing was closed.
Motion
x
Ayes
X
xxx
31
Absent
Ordinance No. 1141 was adopted.
Motion
x
Roll Call:
Ayes
XX
xxx
3.
Absent
ORDINANCES FOR INTRODUCTION:
>2
1. Ordinance No. 1142, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADOPTING DISTRICT MAPS NOS. 51 AND
52, REZONING PROPERTY, AND AMENDING
DISTRICT MAPS NOS. 32 AND 50,
Planning Commission Amendment 211 proposing to
rezone a portion of Blocks 93 and 96, Irvine Subdivision,
from Unclassified to an R -1 -13, R -2 -B and R -3 -B,
R- 4 -B -UL and C -N -H District; located east of Mac
Arthur Boulevard and north of Fifth Avenue (Centerview)
was presented. The findings of the Planning Commis-
sion and vicinity map were presented.
Ordinance No. 1142 was introduced and set for public
Motion
x
hearing on November 8, 1965.
Roll Call:
Ayes
XX
XXXX
Absent
o-3
2. Ordinance No. 1143, being,
3
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REPEALING SECTIONS 3404 AND 3405
OF THE NEWPORT BEACH MUNICIPAL CODE AND
ADDING NEW SECTIONS 3404 THROUGH 3414 TO
SAID CODE RELATING TO DISPOSAL OF UN-
CLAIMED PROPERTY,
yor
ATTEST:
ity Clerk
Page 88
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Index October 25, 1965
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0-1139
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0 -1140
CA -114
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CITY OF NEWPORT BEACH
Volume 19 - Page 89
was presented with a memorandum from the City
Attorney dated October 21, 1965 regarding the proposed
ordinance.
Ordinance No. 1143 was introduced and passed to
second reading.
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1139, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 3290 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
TO PARKING METER ZONES,
removing the northerly side of Court Street between
20th Street and McFadden Place from Parking Meter
Zone 2, was presented for second reading.
Ordinance No. 1139 was adopted.
2. Ordinance No. 1140, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 3250.6 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
TO LIDO ISLE ONE -WAY STREETS AND ALLEYS,
adding the following to Lido Isle one -way streets:
(a) Via Florence between Piazza Lido and Via Lido
Soud, southwest bound traffic only, (b) Piazza Lido
between Via Firenze and Via Florence, west bound
traffic only; was presented for second reading. A
memorandum was presented from Councilman Marshall
dated October 18, 1965 stating that the Board of
Directors of the Lido Isle Community Association had
resolved to discontinue efforts supporting subject
ordinance, having received protests from property
owners opposing it. The Public Works Director stated
that he agreed that the proposed ordinance was not
desirable.
Ordinance No. 1140 was disapproved, and failed
adoption.
ATTEST:
(Aty Clerk
EN may
Page 89
COUNCILMEN
Motion
Roll Call:
Ayes
Absent
Motion
Roll Call:
Aye s
Absent
Motion
Roll Call:
Ayes
Absent
M
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CITY OF NEWPORT BEACH
Volume 19 - Page 90
Index nrtnhar 25. 1965
COUNCILMEN
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N Z O m O A 0
O Y m m O 0 y
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CONTINUED BUSINESS:
R -6238
1. Resolution No. 6238 authorizing the execution of an
Motion
x
C -1008
agreement with the Newport Medical Corporation to
Roll Call:
CA -12
provide City water and sewer service to land outside
Ayes
x
x
x
x
x
x
CA -32
the City, was adopted.
Absent
x
R -6239
2. Resolution No. 6239 authorizing the execution of a con -
C -1007
tract for engineering services with James M.
CA -12
Montgomery, Consulting Engineers, Inc., to perform
certain engineering services for the City in connection
Motion
x
with the design of an 18 -inch water transmission main
Roll Call:
which will be located in Jamboree Road between
Ayes
x
x
x
x
x
x
Eastbluff Drive and Palisades Road, was adopted.
Absent
x
R -6240
3. Resolution No. 6240 authorizing a contract for engineer-
Motion
x
C -1002
ing services with Donald C. Simpson for preparation of
Roll Call:
CA -29
plans and specifications for the widening of Seashore
Ayes
x
x
x
x
x
x
Drive, was adopted.
Absent
x
R -6241
4. Resolution No. 6241 authorizing the execution of a
C -1006
contract for engineering services with Boyle
Motion
x
CA -29
Engineering, in connection with the widening of
Roll Call:
Jamboree Road between East Coast Highway and
Ayes
x
x
x
x
x
x
Ford Road, was adopted.
Absent
x
CURRENT BUSINESS:
Stop-
1. A memorandum was presented from the Public Works
,Jamboree
Director dated October 25, 1965, regarding stop
& Palisades
signs at intersection of Jamboree Road with Palisades
CA -19
Road.
R -6242
Resolution No. 6242 designating an intersection at
Motion
x
which vehicles are required to stop, Jamboree Road
Roll Call:
at Palisades Road at all entrances thereto, was
Ayes
x
x
x
x
x
x
adopted.
Absent
x
Zone III
Z. A memorandum was presented from the Public Works
Uater
Director dated October 25, 1965, regarding payment
shady
for Zone III Water Study.
C -911
CA -12
The fee for Zone III Study in the amount of $3648. 50
was authorized to be paid to James M. Montgomery,
Motion
x
Consulting Engineers, Inc. , instead of the previously
Ayes
x
x
x
x
x
x
agreed upon $2500.
Absent
x
yor
ATTEST:
C (�
ty Clerk
Page 90
Index
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Curb
bree
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 91
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3. The request was presented of Roy M. Watkins, on
n
behalf of Donald A. Olsen and Russell Olson, for the
C
continued use of a curb break for a proposed new
structure at 1918 Court Street, Newport Beach. A
memorandum from the Public Works Department dated
October 25, 1965, regarding subject curb break, was
presented. Mr. Watkins and Mr. Russell Olson spoke
from the audience.
The request for the curb break was denied.
Motion
x
Aye s
x
x
xxx
x
Absent
x
4. A memorandum from the City Manager and the Finance
Director dated October 25, 1965, regarding Delinquent
S.
S.
le
Accounts Receivable, was presented. A discussion was
had as to the amount of recovery on the accounts last
year, and as to use of the City Attorney's office in
attempting collections,' particularly for some of the
larger claims.
12
The transfer of the accounts to the Credit Bureau for
Motion
x
collection was authorized.
Ayes
x
x
x
x
x
x
Absent
x
ler
5. The request of Hal C. Mettler dated October 5, 1965,
euay
was presented, for a permit to increase the width and
h
bring up to code the driveway to the carport at his
residence, located at 2610 Ocean Front, Newport
Beach. A memorandum from the Public Works
Director dated October 25, 1965, recommending
approval of the request to construct a 16. 5 foot re-
sidential drive approach, was presented.
0
The request of Mr. Mettler was granted.
Motion
x
Ayes
xxx
xxx
'
Absent
x
RECESS for ten minutes was declared by Mayor Gruber.
The Council reconvened with all members present, except
Councilman Stoddard.
CURRENT BUSINESS CONTINUED:
^nse
6. The following expense accounts were approved:
Motion
x
:s.
Ayes
xxx
xxx
02
(a) Expense accounts for attendance at the California
Absent
x
U
League of Cities Conference in San Francisco
October 10 to October 13 of Mayor Gruber, Vice
Mayor Elder, Councilmen Cook and Marshall.
Miry o r
ATTEST:
ity Clerk
Page 91
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 92
N�
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Index October 25, 1965 o v m m o c r
14
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' (b) Expense account for attendance at the International
City Managers' Conference in Montreal, September
87 18 to September 23, of the City Manager.
(c) Expense account of Mayor Paul J. Gruber for
31 attendance at the regular monthly meeting of the
California Highway Commission for a report on
Newport Beach Inland Corridor, October 20 to
October 21, 1965, in San Diego.
97 7. A memorandum from the Public Works Director dated
bs & October 25, 1965, regarding construction and recon-
evalks struction of Portland cement curbs, sidewalks,
approaches and pavements, Contract No. 997, was
presented.
30 The plans and specifications were approved and the Motion x
City Clerk was authorized to advertise for bids to be Ayes x x x x x x
' opened at 10:30 A.M., November 17, 1965. Absent x
act 8. A memorandum from the Public Works Director dated
tem October 25, 1965 regarding Modifications to Select
gtrs, System, was presented.
Z43 Resolution No. 6243 adopting an amended map and an
amended report of routes for Select System of City Motion x
104 streets and requesting that such amended System be Ayes x x x x x x
approved by the California Highway Commission, was Absent x
adopted.
rent 9. A memorandum dated October 22, 1965 was presented
igatn/ from the City Attorney regarding the following current
1 litigation: Gill vs. City of Newport Beach; Coastline
..EF Chapter of the United Nations Association of the
ason United States of America, et al. , vs. City of Newport
Beach, at al. ; and Robert F. Johnson vs. County of
' Orange and City of Newport Beach.
169 Said letter was ordered received and filed. Motion x
Ayes xxx xxx
(See action taken under Communications - Referrals Absent x
No. 1(a) and No. 5: )
ib 21510. .A letter was presented from the Planning Commission
dated October 19, 1965 recommending conditional
QA
�29 approval of Resubdivision No. 215, creating one lot
at the northwest corner of the prolongation of
Anniversary Lane (flood control channel) and
University Drive, a portion of Lot Y, Tract 706, and
Lot 151, Block 5 and Lot 152, Block 51 in. Irvine's
yor
ATTEST:
C ty Clerk
Page 92
Index
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CITY OF NEWPORT BEACH
Volume 19 - Page 93
Ortnhar 25. 1965
COUNCILMEN
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Subdivision, zoned Unclassified. A memorandum
from the Public Works Department dated October 7,
1965 regarding Resubdivision No. 215, was pre-
sented. Assistant Public Works Director Ben Nolan
and Planning Associate Charles Zimmerman spoke
from the audience.
Resubdivision No. 215 was approved subject to the
Motion
x
recommendations of the Planning Commission and
Ayes
X
X
X
X
X
X
the Public Works Department.
Absent
solitn
11. A letter dated October 21, 1965 from Walter J. Koch,
t xms
Chairman, Parks, Beaches and Recreation Commis -
't Ray
sion, recommending demolition of the rest rooms at
East Bay Avenue and Washington Street, and that no
replacement of said rest rooms be made, was
presented.
The letter was referred to the staff.
Motion
x
Ayes
X
xxxx
Absent
12. A memorandum dated October 21, 1965 from the City
Auenza
Manager regarding Influenza Vaccine Injections for
ectfon
City Employees was presented.
46
A motion was made by Councilman Cook that concur-
rence be given to the recommendation of the staff but
Motion
x
that employees pay one -half and the City pay one-
Ayes
x
half of the cost of the injections; which motion failed
Noes
x
x
x
x
x
adoption.
Absent
The recommendation of the City Manager that the
Motion
x
City Council approve payment of the influenza vaccine
Ayes
x
x
x
x
x
injections for all City of Newport Beach officials and
Noes
x
employees was approved. ,
Absent
'
13. Resolution No. 6244 amending Subsection B of
Motion
;244
Section IX of Resolution No. 5289 relating to
Roll Call:
46
employee training, was adopted.
Ayes
x
X
x
x
x
x
Absent
14. A report from the Insurance Committee relative to
:y
soliciting bids for City Comprehensive Multiple
sb°
i6. Ins.
Liability Insurance, was presented.
68
(a) The specifications were approved as amended
Motion
x
and the staff was authorized to go to bid on this.
Ayes
x
x
x
x
x
x
Absent
(b) The employment of Charles L. Robinson was
authorized as an insurance consultant to go over
Motion
x
the specifications and to go over the bids re-
Ayes
x
x
x
x
x
x
ceived, the consultant to be paid at the rate of
Absent
$15. 00 per hour.
ayor
ATTEST:
Cit Clerk
page 93
Ix
Index
I*
Typewrit
Purchase
CA -75
CA -112
Use Perm
1156
Back Bay
earth
removal
CA -15
E
•
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CITY OF NEWPORT BEACH
Volume 19 - Page 94
COUNCILMEN
C
x
15. A request of the City Manager to transfer $40 from
Maintenance, Rolling Equipment (0623) to Office
Equipment (0690) in order to purchase a typewriter
Motion
x
desk, rather than purchase a standard desk, was
Ayes
x
x
x
x
x
authorized.
Absent
16. The recommendations of the Planning Commission
Ll
dated October 25, 1965, regarding Use Permit No.
ro 1156 of The Irvine Company, for removal of earthen
material, 2200 Back Bay Drive, portion Block 52,
Irvine's Subdivision, Zone "U" (conditionally granted
by the Planning Commission on September 16, 1965
for a period of six months), were presented. Said
recommendations, based on findings, requested the
revocation of Use Permit No. 1156 because of the
unsuccessful attempts of The Irvine Company to
control the dust created by the operation, and for
additional reasons.
Frank Hughes, representing The Irvine Company,
spoke from the audience, explaining the efforts being
made to correct the problems.
Dr. David Nielsen, Mr. Kenneth Coombs, Mrs.
Simmons representing the Upper Bay Association,
and Dr. R. Brahams spoke from the audience,
urging the revocation of the Permit. Samuel Downing,
Planning Commissioner, stated that he would re-
commend paving of the route used from Tustin over
the hill, if the route is to be continued.
It was directed that the operation be continued along
Motion
x
the route that has been used with the additional re-
Ayes
x
x
x
x
x
quirement or condition of the Use Permit that a
Absent
resident Inspector be hired by the City of Newport
Beach and paid for by The Irvine Company, and that
he work under the sole jurisdiction and orders of
the Director of Public Works; the Inspector to have
full authority to shut down the operation at any time
if he felt the conditions of the Use Permit were not
being met; it was provided that the haul would not
be resumed until the conditions are met and when
the Inspector is on the job and says, "You can start;"
it was further understood that the Public Works De-
partment will continue to look for other feasible
routes.
yor
ATTEST:
(�
1 V \�cn 3ti1 Xa�
Ci y Clerk
Page 94
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Index
Lic.Appl,
CA -63
YMCA
Stockham
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Girl
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Harbor
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CA -130
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CITY OF NEWPORT BEACH
Volume 19 - Page 95
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COUNCILMEN
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APPLICATIONS FOR LICENSE:
1. The following applications for license were approved:
Motion
x
Ayes
x
x
x
x
x
(a) Exempt, Barbara F. Marx, Secretary of Orange
Absent
x
Coast YMCA, 2630 Avon Street, Newport Beach,
for sale of mint candies for YMCA World Service;
November 12 through November 30, 1965, day-
light hours; approximately 500 participating;
soliciting friends and neighbors and in front of
business establishments with permission of
owners.
(b) Albert J. Parker, owner of Rockview Milk, 2909
North Fallbrook, Santa Ana, for house to house
soliciting.
2. The following application for license was denied:
Motion
x
Ayes
x
x
x
x
x
William H. Stockham, owner of Jolly's Tap Room,
Absent
x
700 East Bay Avenue, for two skill games (pool tables)
The City Attorney was requested to prepare some
Motion
x
legislation which would enable the Council to amend
Ayes
x
x
x
x
x
x
its licensing ordinance to provide specific standards
Absent
x
in connection with the licensing of pool tables, perhaps
with the idea of limiting the number that would be
permitted for one operation and relating it to the area
of the establishment, to give the Council a few guide-
lines.
3. The following application for license was approved:
Motion
x
Ayes
xx
xxxx
Exempt, Mrs. R. S. Stevens, Chairman of the
::.Absent
x
Newport Harbor Girl Scout Council, 1700 West Balboa
Boulevard, for house to house soliciting, calendar
sales, from November 5 through November 19, 1965;
approximately 1000 girl scouts; girls in pairs
accompanied by an adult between 9 A.M. and 5:00 P. M
APPLICATION FOR HARBOR PERMIT:
A memorandum was presented from the Public Works
Director dated October 25, 1965 regarding Harbor Permit
Application No. A -1454 of Charles P. Hansen, 608 South
Bay Front, Balboa Island. I A letter from
C. A. Tallman, property owner at 116 Collins, protesting
above request was presented. Attorney Maxwell Sturges
spoke on behalf of the applicant, Charles P. Hansen, and
submitted pictures to show the purported lack of use of the
beach in the area involved. Mr. Caldwell, 109 Collins,
M or
ATTEST:
�City Clerk
Page 95
Index
UNICEF
CA -169
•
CA -63
•
Snyder
resign
FB&R
CA -50
Gangi
Appeal
Zoning
Tr5854
CA -10
•
CITY OF NEWPORT BEACH
Volume 19 - Page 96
October 25, 1965
spoke opposing the Pier Permit and Ed Soule, President of
the Balboa Island Improvement Association, spoke oppos-
ing the Permit.
In accordance with the recommendation of the Public Works
Director, the Application of Charles P. Hansen for Harbor
Permit No. A -1454 was denied.
COMMUNICATIONS - REFERRALS:
1. UNICEF HALLOWEEN SOLICITATION COMMUNI-
CATIONS:
(a) A Summons and Petition for Writ of Mandate and
Complaint for Injunction, and Order to Show Cause in
Orange County Superior Court, Action No. 141846;
Coastline Chapter of the United Nations Association of
the United States of America, a Corporation, and
Gertrude B. Horn, Petitioners and Plaintiffs, vs. ,
City of Newport Beach and B. James Glavds, Chief of
Police of Newport Beach, Respondents and Defendants,
served on the City Clerk at 3:40 P. M. on October 15,
1965, was presented.
The City Attorney was authorized to appear and defend
the City Council's position in subject action.
(b) Letters were presented from the following, commend-
ing the Council for their action in denying the request
for the Halloween solicitation for funds: Mrs. Ernest
McClellan, 527 Westminster Avenue, Newport Beach;
Cason Black, 11111 Colima Road, Whittier; Mr. and
Mrs. K. D. Goen (letter also comments on good
cleaning of the beach, etc.).
Said letters were ordered filed.
2. A letter dated October 5, 1965, from A. W. Snyder
submitting his resignation as a member of the Parks,
Beaches and Recreation Commission, was presented.
The resignation of A. W. Snyder was accepted with
regret and it was directed that a Certificate of
Appreciation be issued over the Mayor's signature.
3. A letter dated October 15 was presented from Charles
R. Gangi, President of " Gangi Bilt Homes" appealing
from the decision of the Planning Commission denying
a request for a proposed amendment to the Code in
connection with the setbacks on Lots 6 and 7, Tract
5854, Zone R -3 and C -O -H.
ATTEST:
(ity Clerk
Page 96
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Aye s
Absent
COUNCILMEN
X
IKI
X
X
K4
X X X
X
Index
i
Clms
Dmgs
CA -84
Torre
Benoit
Smith
So,Ctys
Gas
Hart
Romero
Sms d
Cmp,
Johnson
CA -169
CITY OF NEWPORT BEACH
Volume 19 - Page 97
October 25, 1965
COUNCILMEN
The matter was set for public hearing on November 8,
Motion
in S O at
p A p
The matter was set for public hearing on November 8,
Motion
x
1965.
Ayes
xx
xxxx
Absent
4. The following claims for damages were denied and the
Motion
x
City Clerk's referral of the matters to the insurance
Ayes
x
x
x
x
x
x
carrier was confirmed:
Absent
(a) Claim of Peter A. Torre on behalf of his daughter,
Ruth Ann Torre, for alleged injuries sustained when
placing trash in a City trash container on September
21, 1965, at Agate and North Bay Front, Balboa
Island.
(b) Claim of Margaret Benoit for alleged personal injuries
sustained when she fell on the sidewalk because of tree
roots growing through the sidewalk on September 5,
1965 in the vicinity of Park Avenue and Coral Street,
Balboa Island.
(c) Claim of Billy Joe Smith for damages to his car on
October 11, 1965 when a City truck allegedly backed
into the front of his car which was parked at a parking
meter on Pacific Coast Highway near Riverside
Avenue.
(d) Claim of Southern Counties Gas Company for $62. 94,
cost of repairing 3/4" gas line allegedly broken by
employees of the City of Newport Beach while working
in the alley at 507 Tustin on September 10, 1965.
(e) Claim of Jean Hart on behalf of her son, Gregory Hart,
for injuries sustained on August 2, 1965 when Gregory
allegedly dropped a manhole cover on his foot.
(f) Claim of Francis Romero for $100 -$125 for a gun
allegedly destroyed by the Police Department on or
after December, 1964. (Insurance Company of North
America settled this claim by paying $125. )
5. A Summons and Complaint for refund of taxes paid
under protest in Orange County Superior Court
Action No. 141052; Robert F. Johnson, Plaintiff, vs.
County of Orange and City of Newport Beach,
Defendants; served on a Deputy City Clerk on
October 5, 1965, was presented.
The City Attorney's referral of the above entitled
Motion
x
case to the County Counsel was approved and con-
Ayes
x
x
x
x
x
x
firmed.
Absent
A&ryor
ATTEST:
nn
ct �a 9-nti,
Citt Clerk
i
Page 97
xi
xi
r
i
C
C
N
5
I
C
c
c
C
E
f
1
I
l
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 98
p A f G f O O
O
Index OrtnhPr 75_ 19h5
•
6. A letter dated October 6, 1965 from Orange County
Motion
x
r,0ty
Community Action Council, Inc. was ordered filed.
Ayes
X
X
X
X
X
X
oWM.
Said letter requested favorable recommendation to the
Absent
x
ction
Orange County League of Cities that the League support
ouncil
and affiliate the Orange County Community Action
A-53
Council as the broadly based coordinating agency in
A -66
Orange County for Community Action programs
authorized under the Economic Opportunities Act of
1964, which committee had been officially recognized
by the Board of Supervisors as the coordinating agency
for anti - poverty programs in Orange County.
7. A letter- request from the Mayor of the City of Long
olotov
Beach for support inurging Governor Brown to con -
ocktails
sider the request of Assemblyman Mulford to place
on the call for this Legislative Session the matter of
A -66
making it a felony to possess, throw or otherwise use
Motion
x
a "Molotov Cocktail" or any other incendiary object,
Ayes
X
X
X
X
X
X
•
was referred to the City Attorney for a report.
Absent
xl
8. A letter from G. Howard Wright dated September 25,
Motion
x
idening
eashore
1965 in connection with the widening of Seashore
Ayes
X
X
X
X
X
X
r.
Drive in West Newport, was ordered filed.
Absent
x
A -29
9. A letter dated October 15, 1965 from Mrs. Eric W.
ec ,yer
Johnson of 127 Topaz Avenue, Balboa Island, regardin
onn, fees
sewer connection fees, was presented.
A-32
A -36
Councilman Elder made a motion that a letter be sent
Motion
x
to Sanitation District 5, setting forth the Council's
Ayes
x
x
understanding that this charge (questionedby Mrs.
Noes
x
x
x
Johnson) is applicable to additional construction only,
Abstain
x
and the Council would like clarification on the matter
Absent
x
and hope for revision. Said motion failed adoption.
It was directed that a letter be written to Sanitation
Motion
x
District 5, and a copy of the letter received from Mrs.
Ayes
x
x
x
Eric W. Johnson be attached, and in the communicatioi
Noes
x
x
to the District, a request be made for clarification and
Abstain
x
the reasons why the interpretation of this ordinance is
Absent
x
as it has been.
10. A letter dated October 13, 1965 was ordered filed
Motion
x
WY
A-69
from Earl V. Nellesen regarding proposed freeway
Ayes
X
X
X
X
X
X
on West Coast Highway.
Absent
x
ence on
11. The request of David J. Malloy for replacement of
ittle
fence running parallel with Balboa Avenue east of
alboa
Grand Canal, Little Balboa Island, the original fence
sl.
A -38
and broken concrete having been removed so as to
or
ATTEST:
•
S
Ci�r Clerk
Page 98
Index
Im
Coastal
Muni.
Water
Dist.
study c
CA -12
Cr Cty.
Road Dept.
Amendmt 96
to Masker
1'>W of
A r erial
Htjys .
CA -69
Speed on
Irvine A
CA -114
•
Freedom's
Legal
Aid offer
CA -169
•
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 99
opm�m`co
construct a new home at 226 Grand Canal, was pre-
sented. Subject letter had affixed signatures of pur-
ported ajacent property owners approving the request.
The matter was diaried for November 8, 1965.
Motion
x
Ayes
x
x
x
x
x
x
Absent
x
12. A letter dated October 15 was ordered filed from
Bessie C. Briscoe, Secretary, Coastal Municipal
Motion
x
Water District, inviting each sub -water agency within
Ayes
x
x
x
x
x
x
the Coastal Municipal Water District to cooperate in
Absent
x
the formation of a study and advisory committee for
the purpose of studying and clarifying water problems.
13. A letter dated October 12 was presented from Forest
S. Dickason, Planning Director of County of Orange,
submitting Orange County Road Department Amend-
ment No. 96 to the Master Plan of arterial highways.
Said letter was ordered filed.
Motion
x
Ayes
xx
xxx
x
Absent
x
A discussion was had. The above motion was
Motion
x
rescinded.
Ayes
x
x
x
x
x
x
Absent
x
The recommendation of the Public Works Director
that someone be authorized to attend the meeting, was
Motion
x
approved; designation of the representative was left
Ayes
x
x
x
x
x
x
to the decision of the City Manager.
Absent
x
14. A letter dated September 26 was presented from John
F. Kinkel regarding the flow of high speed traffic on
Irvine Avenue.
The City Manager read a police report regarding the
control of traffic on Irvine Avenue. John F. Kinkel,
Newton Wayne, and Clayton Yale spoke from the
audience urging that steps be taken to slow the traffic
on Irvine.
The matter was referred to the staff to check the signs
Motion
x
to be sure they are there, and to consider the effec-
Ayes
x
x
x
x
x
x
tiveness and need for pavement markings to aid con-
Absent
x
t o1, and to check the level of law enforcement,
particularly at times when the problem is worse.
15. A letter from Freedom's Legal Aid Group dated
October 23, 1965, offering assistance to the City
Motion
x
Attorney in responding to the action of the UNICEF
Ayes
xxx
x
x
x
attorneys, was ordered filed.
Absent
x
yor
ATTEST:
p
C ty Clerk
Page 99
Index
0
Inter -
Fund
CA -101
Budget
Amendmts
CA -102
E
CITY OF NEWPORT BEACH
Volume 19 - Page 100
October 25, 1965
BUDGET AMENDMENTS:
1. The suggested Inter -Fund Transfers at June 30, 1965
outlined in a memorandum from the Finance Director Motion
to the City Manager dated September 27, 1965, were Ayes
approved. Absent
2. The following Budget Amendments were approved
(a) C -68, in the amount of $ 124, 059. 70, being an increase
in Unappropriated Surplus and a decrease in Budget
Appropriations and an increase in Revenue Estimates,
General Fund - closing entry.
(b) C -69, in the amount of $36, 346. 25, being an increase
in Unappropriated Surplus, a decrease in Budget
Appropriations and a decrease in Revenue Estimates,
Park and Recreation Fund - closing entry.
(c) C -70, in the amount of $2, 614. 85, being a decrease in
Unappropriated Surplus and an increase in Budget
Appropriations and a decrease in Revenue Estimates,
Library Fund - closing entry.
(d) C -71, in the amount of $7, 273. 75, being an increase
Unappropriated Surplus, a decrease in Budget
Appropriations and a decrease in Revenue Estimates,
Retirement Fund - closing entry.
(e) C -72, in the amount of $52, 478. 12, being an increase
in Unappropriated Surplus, a decrease in Budget
Appropriations, and an increase in Revenue Estimates,
State Gas Tax Fund (Sec. 186) - closing entry.
(f) C -73, in the amount of $5, 062. 80, being an increase
in Unappropriated Surplus, an increase in Budget
Appropriations and an increase in Revenue Estimates,
State Gas Tax (Sec. 2107) - closing entry.
(g) C -73A, in the amount of $25, 799. 43, being an increas
in Unappropriated Surplus, and an increase in
Revenue Estimates, Traffic Safety Fund - closing
entry.
(h) C -74, in the amount of $4, 601. 53, being a decrease
in Unappropriated Surplus and a decrease in Revenue
Estimates, Parking Meter Fund - closing entry.
ATTEST:
C ty Clerk
i
Page 100
Motion
Aye s
Absent
COUNCILMEN
x
K X x x
x
x x x x
Index
•
•
11
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 101
October 25, 1965
(i) C -75, in the amount of $194.28, being a decrease in
u� f A A
'� •� O
(i) C -75, in the amount of $194.28, being a decrease in
Unappropriated Surplus, and a decrease in Revenue
Estimates, Submerged Land Oil Fund - closing entry.
(j) C -76, in the amount of $6, 624. 63, being a net decrease
in Unappropriated Surplus, an increase in Budget
Appropriations and a decrease in Revenue Estimates,
Capital Outlay Fund - closing entry.
(k) C -77, in the amount of $60, 606.43, being an increase
in Unappropriated Surplus, and an increase in Revenue
Estimates, Building Excise Tax Fund - closing entry.
(1) C -78, in the amount of $5. 00, being an increase in
Unappropriated Surplus, and a decrease in Budget
Appropriations, Water Bond I & R Fund - closing
entry.
(m) C -79, in the amount of $44.00, being an increase in
Unappropriated Surplus, and an increase in Revenue
Estimates, Weed Abatement Fund - closing entry.
(n) C -80, in the amount of $2, 754.49, being a net increase
in Unappropriated Surplus, an increase in Budget
Appropriations and an increase in Revenue Estimates,
Revolving Fund - closing entry.
(o) C -81, in the amount of $129, 448. 32, being an increase
in Unappropriated Surplus, a decrease in Budget
Appropriations and a decrease in Revenue Estimates,
Water Fund - closing entry.
(p) C -82, in the amount of $1, 248. 34, being a net decrease
in Unappropriated Surplus, a decrease in Budget
Appropriations and a decrease in Revenue Estimates,
Marinapark Fund - closing entry.
(q) C -83, in the amount of $2, 800. 00, being an increase in
Unappropriated Surplus, to return to Unappropriated
Surplus the 1964 -65 requirement of $121, 735. 00 and
set up the 1965 -66 requirement of $118, 935. 00,
Water Fund - closing entry.
(r) C -84, being no change in Unappropriated Surplus, to
transfer surplus to Reserve for Tennis Court Con-
struction, Park and Recreation Fund - closing entry.
3. The following Budget Amendments were approved:
Motion
x
Ayes
xxx
xxx
(a) C -17, being a transfer of surplus for transfer of Gas
Absent
Tax Funds for Engineering Services under Section
2107. 5 of the Streets and Highways Code; $6, 000 from
Unappropriated Surplus State Gas Tax to Unappro-
priated Surplus General.
yor
ATTEST:
ity Clerk page 101
d
B
B,
C
Q
Cl
R
P
R
Q
R
CA
C,
M.
Cl
i;
Q
CA
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 102
A S a <
Index (lr *.,hev 7r, 1041r,
III
x
x
x
x
x
x
x
(b) C-18, being a transfer of Surplus for Transfer of Gas
Tax Funds for Expenditures of Maintenance under
Section 2107 of the Streets and Highways Code; $75, 000
from Unappropriated Surplus State Gas Tax to Un-
appropriated Surplus General.
(c) C- 19, in the amount of $14, 329. 73, being an increase
in Budget Appropriations and an increase in Revenue
Estimates for funds to cover Improvement of Eastbluff
Public Park over and above costs of Contract No. 999
with R. W. McClellan & Sons; from Donations and
Contributions, $14,329.73 to Unappropriated Surplus
Building Excise Tax, Parks Land Improvement,
Eastbluff Park Construction.
(d) C -20, in the amount of $1148.50, being an increase in
Budget Appropriations for additional work required to
.
complete Zones III, IV and V Water Study, from
Unappropriated Surplus Water to Water, Professional
Services Engineering.
(e) C -21, is a transfer of Budget Appropriation for Funds
to cover total out -of- pocket expenses as a result of
emergency beach erosion project $19, 677.60 from
Unappropriated Contingency Reserve to General
Services - Streets, Overtime, Beach Cleaning Expense.
ADDITIONAL BUSINESS:
!acon
1. The recommendation of the City Manager was approved
Motion
1y Lse
in regard to the Beacon Bay lease, that the computatior
Ayes
x
x
x
x
.505
of the cost of living index be computed on the National
Absent
a -38
basis of 32.87o, rather than on the local basis of 37. 310
it® Nat.
asources
&
2. Councilman Parsons and Parks, Beaches and Recrea-
an.
1b_Uks
tion Director Calvin Stewart were authorized to attend
Motion
the public hearing scheduled by the Assembly
Ayes
x
x
x
x1
Committee on Natural Resources, Planning and Public
Absent
s -49
Works on recreation planning and management to be
held in San Diego on October 28 and 29.
.6245
3. Resolution No. 6245 designating certain areas within
Motion
1 -70
the City as boat launching areas, was adopted.
Roll Call:
Ayes
x
x
Absent
'Man
4. Confirmation was given to Mayor Gruber's designa-
'rshall
tion of Councilman Marshall as Chairman of the
Motion
x
1m.Tide-
Tidelands Administrative Control Committee, which
Ayes
x
x
x
x
Inds Cmte
l -60
was appointed on September 13, 1965.
Absent
L-70
yor
ATTEST:
•�C
ty Clerk
I
Page 102
III
x
x
x
x
x
x
x
CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 - Page 103
s
N S O i
Index October 25. 1965 N a
IN
COMMUNICATIONS - ADVISORY:
The following communications were ordered filed:
Motion
x
Ayes
x
xx
x:
Absent
CA -53
1• Copies of Agenda for Board of Supervisors meetings
held September 28, 29 and October 5, 6, 12, 13, 19
and 20, 1965.
2. A letter from Walter J. Koch, Chairman of Parks,
Beaches and Recreation Commission expressing
CA -178
appreciation for cooperation given by the Council in
dedicating the McFadden Wharf Historical Monument;
extending appreciation to the staff, specifically Mr.
Hurlburt, Chief Glavas, Jake Mynderse, Don Means,
Sergeant Kerr, Cal Monson and the Parks, Beaches an
•
Recreation Department.
3. A notice from the Orange County Local Agency Forma -
CA -108
tion Commission of a hearing on October 20 regarding
an annexation to the Costa Mesa Sanitary District
(Engineers No. 98); located between Gisler and
Paularino west of the Corona del Mar Freeway.
4. An Application for Alcoholic Beverage License, trans-
fer, person to person, on -sale beer, The Hideaway
CA -156
Bar at 507 East Bay Street, Balboa, from James B.
Hockersmith to Jack H. Morris and Harry Weber:
5. A noticefrom Edwin L. Z'Berg, Chairman of the
Assembly Committee on Natural Resources, Planning,
CA-66
and Public Works, of a hearing to be held November
22,and 23 at the Holiday Inn, Palm Springs, regarding
"Control of Outdoor Advertising and Junkyards,
Beautification of Roadways.
•
6. A copy of a letter directed to Alan Cranston, State
CA -70
Lands Commission, from Warren W. Crow, Jr.
regarding the Upper Newport Bay Land Exchange.
7. Letters from the California Highway Commission
CA -69
notifying the City regarding California Highway
Commission meetings held October 20 and 21, 1965
in San Diego.
8. A notice of hearing held October 14 in San Francisco
before the Public Utilities Commission regarding the
CA -36
application of Pacific Telephone and Telegraph
ayor
ATTEST:
•
An R (�
t ' \ . ✓' n o✓tn., ls ckl_tr ✓
C'ty Clerk
Page 103
I
IN
Index
•
CA -36
CA -12
•
CA -99
F_
L 1
0
CITY OF NEWPORT BEACH
Volume 19 - Page 104
October 25, 1965
COUNCILMEN
s
a
0
Zyf �m O C A
Company for authority to increase certain Telpak and
private line telephone service rates and charges
applicable within the State of California, and to
extend the tariffs applicable thereto.
9. A notice of hearing held October 20 before the Public
I
Utilities Commission in connection with the investi-
gation into the requirements for a General Order
providing rules governing construction of underground
electric and communications lines in the State of
California.
10. A letter from Senator George Murphy to Mayor Gruber
regarding the proposed desalinization plant to be
located in Orange County, enclosing a copy of a
letter from the Office of the Secretary of the United
States Department of Interior.
11. A copy of Minutes of executive meeting of Metropolitan
Transportation Engineering Board held September 16,
1965.
The meeting was adjourned at 11:48 P.M.
Motion
x
Ayes
xxx
xxx
Absent
i
2 ayor
ATTEST:
M ^4L , SCIAAI�
ity Clerk
Page 104
I