HomeMy WebLinkAbout07/12/1965 - Regular MeetingCITY OF NEWPORT BEACH
Volume 19 - Page 1
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: July 12, 1965
Time of Meeting: 7:30 P. M.
Index Place of Meeting: Council Chambers
COUNCILMEN
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Roll Call:
Present
x
x
xxx
x
xl
The reading of the Minutes of the Regular Adjourned
Meetings of June 21, 22, 24 and 28 and the Regular
Meeting of June 28, 1965 was waived, and said Minutes
Motion
x
r
were approved as written and ordered filed.
Ayes
x
x
xxx
x
xl
HEARINGS:
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1. Mayor Gruber opened the public hearing regarding the
appeal of Barney R. Morris from the decision of the
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Planning Commission in connection with the conditioned
-
approval of Application for Variance No. 851, which
permits, among other conditions, a five foot fence
within the front yard setback four feet easterly of the
westerly property line at 915 Via Lido Soud, Lots 315,
316, 317, Tract 907, Zone R -1; applicant desiring to
1
have a five foot fence on the westerly property line.
A letter dated June 11, 1965 from Attorney Dale H.
Heinly, presenting the appeal of Barney R. Morris,
and a letter dated June 21, 1965 from Attorney William
R. Butler, representing Mr. W. McGee, requesting
a hearing in connection with.subject Variance, were
presented with the findings of the Planning Commis-
sion.
Attorney Heinly and Attorney Butler spoke from the
audience. Attorney Butler presented snapshots de-
picting elevations of properties involved. Planning
Director J. W. Drawdy and Building and Safety
Direction R. A. Glenn spoke from the audience. A
discussion was had.
The hearing was closed.
Motion
x
Ayes
xxx
xxx
x
The findings of the Planning Commission granting
Motion
x
conditioned approval of Variance No. 851, were
Ayes
x
x
x
x
upheld.
Noes
x
x
x
2. Mayor Gruber opened the public hearing regarding the
^'
appeal of Dan A. ,McCall from the decision of the
Planning Commission denying Application for Use
0
Permit No. 1140, requesting permission to have
dancing and live entertainment at Satan's Suite, 2000
W. Balboa Boulevard, Lot 1, Block 220, Section A,
Newport Beach Tract, Zone C -1.
ayor
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I CitA Clerk
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CITY OF NEWPORT BEACH COUNCILMEN
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A letter from Dan A. McCall received on June 14, 1965
appealing from the decision of the Planning Commis-
sion and a petition signed by twenty -four residents
requesting that the Council deny Mr. Dan A. McCall's
application for Use Permit, were presented with the
findings of the Planning Commission.
Mr. Dan A. McCall spoke from the audience and de-
leted his request.far live entertainment but retained
his request to have dancing on the premises. A dis-
cussion was had. No one else desired to speak.
The hearing was closed.
Motion
X
Aye s
xxxxx
x
s5
i The findings of the Planning Commission were
Motion
x
sustained.
Ayes
xxxxx
x
iEc
3. Mayor Gruber opened the public hearing regarding
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Planning. Commission Resolution No. 679 which pro-
m
posed to amend the Land Use element of the Master
679
Plan. No one desired to speak from the audience.
The hearing was closed.
Motion
x
Ayes
xxxxx
x
il.87
Resolution No. 6187, adopting certain Amendments to
Motion
x
the Master Land Use Plan (Amendment No. 11) was
Roll Call:
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adopted.
Ayes
XXXXXX
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4. Mayor Gruber opened the public hearing for protests
a,
to the 1964 -65 Weed Abatement Program, and the
Council considered the .'Report of the Street Superin-
tendent dated July 12, 1965, copy of which had been
posted for more than three days on the bulletin board
of the City Hall. No one desired to speak from the
audience.
The hearing was closed.
Motion
x
Ayes
XXXXXX
188
Resolution No. 6188, confirming the Report of the
Motion
x
I1
Street Superintendent on Weed Abatement, was adopted.
Roll Call:
Ayes
X
xxxx
x
ayor
ATTEST:
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Citl Clerk
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CITY OF NEWPORT BEACH
Volume 19 - Page 3
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July 12, 1965
COUNCILMEN
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5. Mayor Gruber opened the continued public hearing in
connection with Annexation No. 57 (Centerview) in
accordance with Resolution No. 6155.
A report from the City Manager dated June 12, 1965,
recommending approval of the Annexation and approval
of certain items numbered A through F, as represent-
ing the position of the Council in connection with sub-
ject Annexation. Mr. Frank Hughes of The Irvine
Company spoke from the audience and presented a
letter dated July 12, 1965 from W. R. Mason, Vice -
President of The Irvine Company. The consensus of
the Council was that the letter was inadequate, and
precise approval and acceptance of the recommenda-
tions set forth as A through F in the memorandum
mentioned above should be given in writing by The
Irvine Company before the Council could proceed with
the Annexation.
The hearing was continued to August 9, 1965.
Motion
x
Ayes
Xxxxxx
ORDINANCES FOR INTRODUCTION:
1. Ordinance No. 1131, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 3299.4 AND
3299.6 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO DECREASED SPEED
LIMITS,
decreasing the prima facie speed limit on Eastbluff
Drive from Bixia Street northerly to Jamboree Road
to 45 miles per hour, and decreasing the prima facie
speed lir fit on Eastbluff Drive from Bixia Street
southerly, to Jamboree Road to 35 miles per hour.
Ordinance No. 1131 was introduced and passed to
Motion
x
second reading.
Roll Call:
Ayes
N
x
xxxx:
h
ayor
ATTEST:
Citli Clerk
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CITY OF NEWPORT BEACH
Volume 19- Page 4
COUNCILMEN
2. Ordinance No. 1132, being,
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2. Ordinance No. 1132, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 3290 OF THE
NEWPORT BEACH .MUNICIPAL CODE RELATING
TO PARKING METER ZONES,
making certain changes in parking meter zones in the
vicinity of the 26th Street parking lot. A memorandum
dated July 7, 1965 from the City Attorney was presented.
Ordinance No. 1132 was introduced and passed to
Motion
x
second reading.
Roll Call:
Ayes
X
K
x
x
x
Abstain
x
RECESS for ten minutes was declared by Mayor Gruber.
The Council reconvened with all Councilmen present.
CONTINUED BUSINESS:
1. A memorandum from Public Works Director dated
July 12, 1965, regarding Dover - Westcliff Inter-
n section Revisions was presented. A discussion was
had.
Plan II as submitted by Williamson and Schmid,
consulting engineers, in a report dated May, 1965,
was approved for the Dover - Westcliff Intersection
Motion
Revisions.
Ayes
xx
x
x
Noes
x
x
2. Resolution No. 6189 authorizing the execution of a
Motion
x
service agreement with Integrated Data Corporation,
Roll Call:
was adopted.
Ayes
xxxxxx
CURRENT BUSINESS:
1. A letter to Mayor Gruber from John J. McHhgh,
President of the Board of Newport Harbor American
Legion Post No. 291, 215 15th Street, requesting an
appointment to discuss the present lease between the
City, and the Post in regard to making future plans for
beautification of the present facilities and extension
of the present lease, was presented.
^° Mayor
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1 City Clerk
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CITY OF NEWPORT BEACH COUNCILMEN
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Index July 12, 1965 in Z r f o G w m P GOO, � .
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Mayor Gruber was requested to meet with the
Motion
x
gentlemen and to tell them it is not the Council's
Ayes
x
x
x
x
x
x
x
C:. °70
intention to extend the lease.
Lis 1e
2. A letter was presented from Joe R. Lisle dated
cu---b
June 30, 1965 requesting a curb break on 5th Avenue,
b'.=eak
Lot 21, Block 740, Corona del Mar, also known as
720 Marigold Avenue. A memorandum dated July 12,
1965 was presented from the Public Works Director.
Mr. Harold R. Sproul, representing Mr. Joe R. Lisle,
spoke from the audience.
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The request for subject curb break was denied.
Motion
x
Ayes
xxx
xxx
x
L\Iayo _ `s
3. Mayor Gruber's expense account, in the amount of
4xn acct
$55, for attendance at a public hearing of the California
Ank
Highway Commission in Sacramento on June 29, 1965,
Motion
x
ct7
was approved.
Ayes
x
x
x
x
x
x
x
°6190
4. Resolution No. 6190, authorizing the execution of a
Motion
x
°oa,
contract to serve water outside the City to Southern
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California Edison Company, was adopted.
Ayes
x
x
x
x
x
x
x
=cca?t
5. A memorandum dated July 12, 1965 was presented
s ci'`..ra1k
from the Public Works Director recommending
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acceptance of improvement (sidewalks only) in Tract
4893; "Eastbluff- Newport" between Jamboree Road
and Eastbluff Drive, Aleppo Street to Basswood Street.
Subject improvements were accepted and the City
Motion
x
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Clerk was authorized to release the bond.
Ayes
x
x
x
x
x
x
x
6. A memorandum dated July 12, 1965 from the Public
%GTue =.y
Works Director regarding the Montgomery Report,
'ate=
Water System Facilities for Pressure Zones III
?'yp
through VIII, was presented.
Zones III and IV facilities recommended in the James
Montgomery, Inc. report dated June, 1965, were
Motion
x
approved and, pending some clarification, the Council
Ayes
x
x
x
x
x
x
authorized the City Attorney to be thinking about an
Noes
x
ordinance with emphasis on a charge for connections
rather than a charge for acreage. Councilman Elder
stated that he approved facilities recommended in the
Montgomery report but voted "No" on the additional
x..12
portion of the motion.
Mayor
ATTEST:
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Index
Julv 12. 1965
CITY OF NEWPORT BEACH
Volume 19- Page 6
COUNCILMEN
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7. A letter proposal for services by Ira. N. Frisbee &
Company, dated June 29, 1965, was presented.
191
Resolution No. 6191 authorizing the execution of an
Motion
x
92
agreement with Ira N. Frisbee & Company for audit-
Roll Call:
112
ing services, was adopted.
Ayes
X
X
X
X
X
X N
192
8. Resolution No. 6192 authorizing the execution of an
88
agreement extending the term of the agreement with
Motion
x
69
Orange County to perform soil tests to June 30, 1966,
Roll Call:
was adopted.
Ayes
X
X
X
X
X
X I I
bo^
9. A memorandum dated July 12, 1965 was presented
d
from the City Manager. The City Manager's re-
ans:_on
commendation to defer completion of Balboa Boulevard
dy
extension study until the State Highway Commission
15C
acts on the Inland Corridor feasibility study, was
Motion
x
approved.
Ayes
x
x
x
x
x
x ji
i
19-1
10.: Resolution No. 6193 authorizing an agreement extend -
68
ing the agreement for municipal radio services with
Motion
x
the County of Orange for maintenance of radio utilities
Roll Call:
179
system, was adopted.
Ayes
X
x
x
x
x
x a;
APPLICATION FOR LICENSE:
1 1_c
1. The following application for license was considered
Motion
x
and approved:
Ayes
x
x
x
x 3.
Abstain
x
x
(a) Roger T. Darby of B &D Enterprises, 3939 West
Coast Highway, for motor bike rentals; bikes to
be rented from Bob Dodd Union; license to be
issued under condition that muffler system be
63
adjusted so that it cannot be tampered with by
ordinary renters. Motor bikes to be kept within
a building.
Samuel Downing spoke from the audience.
COMMUNICATION REFERRALS:
1. A letter dated June 25, 1965 from Mark A. Soden, as
SSure
an individual and as President of Harbor View Hills
bo: :-
Community Association, requesting that the City of
L'7
Newport Beach solve the problem of extremely low
Is
water pressure in parts of Harbor View Hills for the
present, pending the new water main to be installed in
the Centerview Annexatio
ayor
AI^�T�TEST:
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ity Jerk
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CITY OF NEWPORT BEACH
Volume 19- Page 7
COUNCILMEN
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The matter was referred to the City Manager for in-
Motion
vestigation and report.
Ayes
X
X
X
X
X
X :
The City Manager reported that the matter had been
.looked into and that a pressure guage check would be
used to check the water pressure.
The previous Council action above indicated was re-
scinded and the staff was requested to investigate
Motion
further the pressures with a recorder.
Ayes
xxxxxx
;
2. A letter request dated July 7, 1965 from Ardyth M.
Pesek to block off Golden Circle Drive for a Newport
Upper Bay Community Association affair, was pre—
sented. The City Manager recommended approval.
In behalf of the Mayor, the request was granted.
Motion
Ayes
xx
xxx
:
3. S C A G:
A letter dated June 30, 1965 from David L. Baker,
Chairman of City, County Relations Committee of
Southern California Regional Association of County
Supervisors, transmitting the Report on Southern
California Association of Governments; a letter dated
June 29, 1965 regarding membership from Jay
Michael, temporary secretary of SLAG; and a letter
dated May 28, 1965 from Jay Michael transmitting
proposed SCAG Bylaws and agreement and summary
sheet, were presented. A memorandum dated July 8,
1965 from Councilman Marshall was presented,
Mayor Gruber:was.directed to send a letter to the SCAG
Motion
x
Foundation Committee informing the Committee that
Ayes
XX
x
X:
the City Council of Newport Beach has the matter under
Noes
x
x
review but at the present time is not prepared to take
any action regarding the adoption of the SCAG agree-
ment.
Councilman Cook and Councilman Elder stated that
their "No" vote indicated that they are not in favor of
SLAG.
Mayor
ATTEST:
�°
!Vle to .a, - Jc
—' Citt Clerk
Page 7
Index July 12, 1965
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 19 -Page 8
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4. A letter dated July 2, 1965 and bearing ten signatures
ch action of the Planning Commission in the matter of
.Oacc,- granting a building permit to allow completion" of a
°nco front porch at 1500 Kings Road,(home of Dr. Ralph
;ack Anderson), was presented.
The matter was referred to the Planning Commission Motion
and the Planning Commision was requested to confer Ayes xxx x x x
with the City Attorney.
The letter was referred to the City Manager with re- Motion
quest that he advise the people involved of the current Ayes x x x x x xl
status of the matter.
.0 Dr. Ralph Anderson spoke from the audience.
on 5. A letter dated June 28,' 1965 from M. R. Pieper re-
't20 'r'e
P questing permission to keep a split -rail fence in front
of his home at 6201 Seashore Drive, Newport Beach,
until the widening project on Seashore Drive takes
effect, was presented. Public Works Director
commented.
8 The request was denied, Mr. Pieper to be so advised. Motion x
Ayes xxx xxx
.c-ry 6. A memorandum received July 8, 1965 from the City
a Librarian regarding gifts to Library, was presented.
The gifts were accepted. Motion
Ayes xxx xxx
i5 It was directed that letters of appreciation be written.
7. The following communications were ordered filed: Motion x
Ayes xxxx x
tad (a) A letter dated July 7 from Frank Jordan, Noes x
Executive Secretary of Corona del Mar Chamber
'_dmc of Commerce, regarding the proposed Inland
Corridor Route of the freeway and the freeway
9 in Corona del Mar.
d & (b) A letter dated June 8 from Mrs. Charles (Adele)
`='' -c Perrin, 3404 West Balboa Boulevard, regarding
ie1boa the tram and traffic in Balboa.
14 Frank Jordan, Arvo Haapa and Dr. Bechtel spoke from
.24 the audience regarding the proposed freeway routes.
ayor
ATTEST:
a^_ A-L xi
` Cit Clerk
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4. A letter dated July 2, 1965 and bearing ten signatures
,'son o
of residents on Kings Road protesting the "recent
CITY OF NEWPORT BEACH COUNCILMEN
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8. The following Claims for Damages were denied, and
Motion
x
imgc
the City Clerk's referral of the matters to the insuranc
Ayes
x
x
x 3
carriers was confirmed:
'hcm»
(a) Claim for damages of Mrs. Anne P. Thomas,
1900 Leeward Lane, Newport Beach, alleging a
City garbage truck backed into her car on " 15th
Street at Modena Avenue ", Newport Beach, on
July 2, 1965.
)even
(b) Claim for damages of Antoinette Deventura, 14003
E. Lanning Drive, Whittier, California, alleging
a City truck struck her car on Coast Highway,
,A-84
Newport Beach, on June 1, 1965.
ADDITIONAL BUSINESS:
1. Regarding an Application for Use Permit before the
:0 'ILy
Planning Commission regarding the County Dock Lease
)Ock
the Planning Department was instructed to return the
Motion
x
fee and not accept the Application at this time and in-
Ayes
x
x
x
form the applicant that, because the City has an inter-
est in this property, the Council must review the
matter before any such application is made; and
further, the Building Department was instructed to
acquaint itself with the building specifications under
the lease terms and follow them strictly.
'ed? bs
2. PEDICABS:
c
The recommendation of the City Manager that the
application of Mel Osterhoudt to rent pedicabs on
Balboa Island would come under special license
Motion
provisions of Section 6110. 3, was approved.
Ayes
x
x
x
,.�
A discussion was had. Mel Osterhoudt spoke from the
audience and stated he would use the pedicabs on
Balboa Islandonly) but not on Marine Avenue.
Because of the experiences had in connection with
traffic on Balboa Island, and in the interest of public
safety, health and welfare, the verbal request to rent
Motion
:L-99
pedicabs was denied.
Ayes
x
x
x 3i
K.
ayor
ATTEST:
Citt Clerk
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Jul 12 1965
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3. In connection with the establishment of a temporary
0r`. ?nifil
parking lot at 26th Street and Newport Boulevard, the
City Manager was authorized to take the following
Motion
x
action:
Ayes
x
x
x
x
x
x
(a) Execute a lease agreement with Edker Pope pro-
viding for the use of his property as a city parking
lot, the terms of the lease to be in accordance wit
the proposal contained in the report of the Parks,
Beaches and Recreation Director dated July 8,
1965.
(b) Use City Forces to improve the parking lot to the
standards suggested in the report of the Parks,
Beaches and Recreation Director.
(c) Establish parking control on the lot on weekends
and holidays and establish appropriate parking
fees for the use of the lot.
COMMUNICATIONS - ADVISORY:
1. The following communications were ordered filed:
Motion
x
Ayes
xx
xx
xx
(a) Letter dated July 1, 1965 to Municipal Court from
Bill Losch of Huntington Beach, with copies sent
�Q
to Chief of Police, the Mayor, City Council, all
of Newport Beach; and the Attorney General, State
of California and Civil Rights Attorney for Cali-
fornia, protesting a parking ticket given on
Newport Boulevard.
(b) Letter received July 8, 1965 from James Riddle,
-03
2233 Bayside Drive, stating that his family has
lived in Newport area for just one year and "we
'
e
have consistently remarked about the fine com-
munity which we are fortunate to be a part. I
feel that the policies which support this attitude
are a tribute to the members of the Council."
(c) Letter dated June 28, 1965 from James Mussatti,
Chairman of the Citizens Committee for Balanced
Legislative Representation, regarding Senate
°'off
Joint Resolution No. 2, an Amendment to the
Constitution of the United States which will permit
the majority of voters in any state to determine
whether one house of their legislature will be
based on factors other than population.
i
Mayor
ATTEST:
Pity Plerk
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CITY OF NEWPORT BEACH
Volume 19- Page 11
Index July 12, 1965
COUNCILMEN
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sion of the State of California, of Pacific Tele-
(d) Application, before the Public Utilities Commis-
sion of the State of California, of Pacific Tele-
phone and Telegraph Company for authority to
-g(
file and make effective rates for extended resident
two - party line message rate service and withdraw
the offering of extended residence four -party line
flat rate service in the Anaheim, Brea, Buena
Park, Capistrano Valley, Fullerton, Newport
Beach, Orange, Placentia, and San Clemente
exchanges.
(e) Report from Alan Cranston, State Controller,
regarding Motor Vehicle License Fee Fund,
further presenting a Summary of Apportionments
.° 5g
of Motor Vehicle License Fees for the period
June 1, 1964 through May 31, 1965; indicating an
increase of population in the City of Newport
Beach of 3550; indicating Motor Vehicle License
Fees Apportionment to Cities, specifically
Newport Beach net June payment - $46, 654. 22.
(f) FREEWAY:
(1) Letter dated July 1, 1965 from Robert T.
Martin, Assistant Secretary, California
A -69
Highway Commission, regarding receipt of
Resolution No. 6168 and stating that the
Commission has asked the State Highway
Engineer to make a study of this routing for
report back.
(2) Letter dated June 23, 1965 from A. J. Cooper,
Secretary, California Highway Commission,
°r^,9
regarding Resolution No. 6168 and stating
that it will be brought to the attention of the
California Highway Commission.
(3) Copy of Resolution adopted by Board of Super-
visors on June 23, 1965, endorsing the new
=p9
freeway alignment proposed by the City of
Newport Beach.
(g) Notices from Local Agency Formation Commis-
sion regarding review of the following proposed
01 �$
annexations at 2:30 P. M. on July 21, 1965:
(1) Proposed annexation to the City of Costa Mesa
(Victoria Street Annexation located westerly
of Canyon Drive and southerly of Victoria
Street. )
Mayor
ATTEST:
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City Cler
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(2) Proposed annexation to the City of Costa Mesa
(Paularino No. 9 located westerly of Newport
Avenue in vicinity of Paularino, Bear and
Gisler Avenues.)
(3) Proposed annexation to the Costa Mesa Sani-
tary District (Engineer's No. 95 located in
Berry Tract southerly of Baker Avenue and
lying within the Sanitary District.)
(4) Proposed annexation to the City of Costa Mesa
(Pacific Avenue Annexation located easterly
of Santa Ana River and northerly of Victoria
Street. )
(h) Notice from the National Rivers and Harbors Con-
gress, Washington, D. C. , of the designation of
Dana Point Harbor as a project "Division I -
Endorsed ".
(i) Copies of Agenda of the Board of Supervisors'
meetings held June 29, 30, July 6 and 7, 1965.
(j) Letter dated June 25, 1965 from Harry A. Faull,
President of the Southern California Rapid Tran-
sit District.
(k) News Letter dated June 30, 1965 from the desk of
Supervisor Alton E. Allen.
(1) Letter dated June 16, 1965 from Hugo H. Winter,
Coordinator of the Metropolitan Transportation
Engineering Board regarding tentative State
Highway Projects recommended for the 1966 -67
Budget.
2. The following communications were ordered filed:
Motion
x
Ayes
x
xxx
xx
(a) Applications for Alcoholic Beverage License:
(1) New on -sale beer at 810 East Balboa Boule-
vard, Balboa, by John Gruick.
(2) New off -sale beer and wine, Marine Sales
and Service, Inc., at Arches and 101 Highway
Newport Beach, by Marine Sales and Service,
Inc., John L. Broughton, President.
(3) Transfer, person to person, on -sale beer
and wine (public premises), The Tiki, 3208
West Coast Highway, Newport Beach, from
June A. Klingler to Robert T. Day, Roberta
J. George, and Robert E. Montgomery.
ayor
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CITY OF NEWPORT BEACH COUNCILMEN
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(4) New on -sale general for boat, aboard "Island
Holiday" plying between Newport Beach and
Avalon, Catalina, from 400 Main Street,
Balboa, by Davey's Locker, Inc.
(5) New Type 20 off -sale beer and wine, Safeway
Store at 1000 Bayside Drive, Newport Beach,
by Safeway Stores, Inc.
(6) Transfer, person to person, on -sale beer and
wine (public premises), Jolly's Tap Room,
700 East Bay Street, Balboa.
(7) New on -sale beer (for a fishing party boat)
for boat "Sport ", 632 Lido Park Drive, by
Davey "s Locker, Inc.
(b) Letter dated June 29, 1965 from Wilson, Jones,
Morton & Lynch, Attorneys at Law, of San Mateo,
regarding S. B. 687 which would require each
public agency to pay compensation to public
utilities (including mutual water companies) for
any loss of value to the utility by the public agency
serving water within the utility's service area.
(Matter had been referred to Legislative Committe
a
Mayor Gruber stated that the regularly scheduled Study
iession for July 19, 1965 would not be held.
The meeting was adjourned at 11:05 P. M.
Motion
x
Ayes
x
xxx
xxx
ayor
ATTEST:
Ci ly Clerk
Page 13