HomeMy WebLinkAbout11/28/1966 - Regular MeetingIndex
0.
Public
Hearin
0 -1193
CA -10
CA -103
•
0
0 -1195
CA -11
CITY OF NEWPORT BEACH
Volume 20 - Page 132
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: November 28, 1966
Time of Meeting: 7:30 P.M.
COUNCILMEN
a p w A o m
m oy @o cry
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Roll Call:
Present
X
X
X
X
X
X
X
The reading of the Minutes of the Regular Meeting of
November 14, 1966 was waived, and said minutes were
Motion
x
approved as written and ordered filed.
Ayes
X
X
X
X
X
X
X
HEARINGS:
1. Mayor Gruber opened the public hearing in connection
with Ordinance No. 1193, being,
g
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 20. 20. 030 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
TO PLANNING AND ZONING,
Planning Commission Amendment No. 226, which
proposes to bring the C -N zone into line with the other
commercial zones and authorizes the Planning
Commission to permit non - flashing signs not
appurtenant to any permitted use.
i
No one desired to be heard from the audience.
1
a<
3
The hearing was closed.
Motion
x
'
Ayes
xxx
xxx
x
With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1193 was adopted.
Motion
x
Roll Call:
Ayes
xxxx
X
Noes
x
ORDINANCES FOR INTRODUCTION:
1. Proposed Ordinance No. 1195, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 10. 50 TO TITLE 10
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO PUBLIC NUISANCE ABATEMENT,
was presented with a memorandum from the City
Attorney dated November 22, 1966.
Councilman Parsons made a motion to introduce
Motion
x
Ordinance No. 1195 and to pass to second reading.
• discussion was had.
• vote was taken on Councilman Parsons' motion,
Roll Call:
and Ordinance No. 1195 was introduced and passed
Ayes
x
x
x
x
x
x
to second reading on Decemb 66
Abstaining
x
ATTEST:
Mayor
Page 132
Acting City Cle z
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CITY OF NEWPORT BEACH
Volume 20 - Page 133
Index November Z8, 1966
COUNCILMEN
N
Oy N A T m
A �
ORDINANCES FOR ADOPTION:
1194
1. Ordinance No. 1194, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REPEALING CHAPTER 10.48 OF TITLE
10 OF THE NEWPORT BEACH MUNICIPAL
CODE AND ADDING A NEW CHAPTER 10.48
THERETO RELATING TO WEED AND
RUBBISH ABATEMENT,
-11
as amended November 14, 1966, was presented for
second reading.
With the unanimous consent of the Council, Mayor
Gruber stated that the further reading of the
ordinance was waived.
Ordinance No. 1194 was adopted.
Motion
x
Roll Call:
Ayes
X
X
X
X
X
X
CONTINUED BUSINESS:
1. A progress report from the City Manager regarding
L -1191
revision of Ordinance No. 1191, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTIONS 10.28.040,
10.28.050, AND 10.28.060 TO CHAPTER 10.28
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO NOISE ARISING FROM
CONSTRUCTION ACTIVITIES,
L -182
was presented.
Councilman Parsons made a motion to authorize the
Motion
x
staff to revise Ordinance No. 1191 as recommended
.
by the City Manager.
• discussion was had.
• vote was taken on Councilman Parsons' motion,
Ayes
x
x
x
x
x
x 3
which motion carried.
CURRENT BUSINESS:
aprvmt
1. A memorandum was presented from the Public Works
Lacentia
Director dated November 28, 1966, regarding
.wn 15th
cooperative project with the County of Orange for
id 16th
ts. improvement of Placentia Avenue between 15th and
16th Streets.
ATTEST: Oftayor
c ing City Cle
Page 133
Index
•
R -6467
Orange C
C -1081
CA -29
Frisbee
Interim
Report
CA -112
Resub.
231
CA -129
•
•
Vacation
Ocean Fr
R -6468
R -6469
CA -14
0
November 28, 1966
2
3
0
CITY OF NEWPORT BEACH
Volume 20 - Page 134
COUNCILMEN
s
Motion
p y N p
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p
O
A
agreement with the County of Orange for the
Roll Call:
Resolution No. 6467, authorizing the execution of an
Motion
x
agreement with the County of Orange for the
Roll Call:
improvement of a portion of Placentia Avenue, was
Ayes
KXXXXX
adopted.
A letter dated November 10, 1966 from Ira N. Frisbee
& Co., being an interim report regarding the services
and findings of the auditors, was presented.
The interim report from Ira N. Frisbee & Co. was
Motion
received and ordered filed.
Ayes
x
x
x
x
x
x:
Resubdivision No. 231:
(a) A memorandum was presented from the Planning
Commission dated November 23, 1966 regarding
Resubdivision No. 231 filed by Mrs. Juanita Denni
and Eugene C.and Luethel Houston requesting
permission to resubdivide two 30' lots (Lots 5 and
6) and the westerly 20' of Lot 4 into two 40' parcels
(each having 3, 000 square feet of lot area and
being 40' x 75' in size), 6106 and 6110 West Ocean
Front, Newport Beach, Seashore Colony Tract,
Block A, Zone R -2.
Planning Director Ernest Mayer gave a report on
subject resubdivision.
Resubdivision No. 231 was approved, subject to
Motion
x
the following conditions:
Ayes
x
x
x
x
x
x
(1) The structure on Parcel "A" be
demolished;
(2) The alley easement and proposed street
vacation be recorded prior to recordation
of the resubdivision;
(3) The alley be improved adjacent to the
resubdivision in accordance with
requirements of the Public Works
Department; and
(4) Improvement plans be prepared on
standard size sheets by a licensed civil
engineer.
Resolution No. 6468, adopting a map showing a
portion of a certain street known as Ocean Front
Motion
x
which is proposed to be vacated, closed up and
Roll Call:
abandoned, was adopted.
Ayes
x
x
x
x
x
Resolution No. 6469, a resolution of the City
Council of the City of Newport Beach declaring
its intention to order the closing up, vacation and
abandonment of a portion of a certain street
Motion
known as Ocean Front; setting the public hearing
Roll Call:
for December 12, 1966, was a pte
Ayes
x
x
x
x
x
x
TTEST:
Mayor
Page 13
A,V+i-A� Citir Clerk
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 135
nT .Yl --. IQ laid.
(b) A letter from Mrs. Juanita Denni dated
November 17, 1966 requesting curb cut for garage
A -30
entrance on 62nd Street if resubdivision is
approved, was referred to staff for review and
Motion
x
report.
Ayes
x
x
x
x
x
x
x
-6470
4. Resolution No. 6470, accepting a Grant of Easement
eit9
from Marven J. and Ina Sue Reitz for street and
Motion
x
asement
highway purposes at the intersection of 15th Street
Roll Call:
5th &
and Irvine Avenue, was adopted.
Ayes
x
x
x
x
x
x
x
rvine
A -29
5. A memorandum was presented from the Public Works
Director dated November 28, 1966 regarding acceptanc
ccept
of improvements in Tract 5692 (Vista Laredo, Vista de
mprvmts
Oro).
'r 5692
.A -23
This item was deferred until later in the meeting
when a vicinity map could be presented.
.
6. A memorandum was presented from the Public Works
=end
Director dated November 28, 1966 regarding
iubdiv.
Subdivision Agreement and Bonds for Tracts No. 5463
Lgrmts
and 5798.
Cracts
i463 &
(a) Resolution No. 6471, authorizing the execution of
Motion
x
1798
an Amendment to Subdivision Agreement on
Roll Call:
Tract 5463, was adopted.
Ayes
x
x
x
x
x
x
x
t -6471
t -6472
(b) Resolution No. 6472, authorizing the execution
Motion
x
of an Amendment to Subdivision Agreement on
Roll Call:
;A -23
Tract No. 5798, was adopted.
Ayes
x
x
x
x
x
x
x
(c) The reduction in the amounts for new Bonds was
approved, the City Clerk was authorized to
Motion
x
release the existing Faithful Performance Bonds,
Ayes
x
x
x
x
x
x
x
and the City Clerk was authorized to release the
Labor and Material Bonds-'in six months provided
•
no claims have been filed.
Consideration of Item 5 was resumed, and the General
Development Plan of the Bluffs was displayed.
The public improvements constructed in conjunction with
Tract 5692 were accepted, the City Clerk was authorized
Motion
rR 5692
CA_ 23
to release the Faithful Performance Bonds, and the City
Ayes
x
x
x
x
x
x
x
Clerk was authorized to release the Labor and Material
Bond in six months provided no claims have been filed.
ATTEST:
or
Acting City Clerk V
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Page 135
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Index
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LJ
Imprvmt
8ayside Di
pacific
Coast Higl
to Aloha i
C -1064
CA -29
Annex 58
yr
R -67x73
Intent to
Annex
CA -108
Accept fi
work at
city dump
CA -38
R -6474
• CA -,
Communit;
Cablevisi
request
re tempos
TV Servi<
CA -179
0
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Volume 20 - Page 136
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TAT ,..,. -... h.... 70 101.(. N N �` A F Z
7. A memorandum was presented from the Public Works
Director dated November 28, 1966 regarding improve-
ment of Bayside Drive from Pacific Coast Highway
to Aloha Drive (C- 1064).
wy The plans and specifications were approved, and the
Motion
x
r
City Clerk was authorized to advertise for bids to be
Ayes
X
x
x
x
x
x
x
opened at 10:00 A.M. on December 19, 1966.
8. Proposed Annexation No. 58 (Uninhabited);
A memorandum from the Planning Director dated
November 25, 1966 regarding proposed Annexation
No. 58 was presented with a letter dated November 14,
1966 from Carpenter and Rutter, Attorneys for
Petitions, regarding petition to annex certain
property into the City of Newport Beach.
Resolution No. 6473, a resolution of the City Council
of the City of Newport Beach declaring its intention
to annex to the City certain property known as
Annexation No. 58 and giving notice thereon; setting
Motion
x
the hearing thereon for 7:30 P. M. on the 12th day of
Roll Call:
December, 1966, was adopted.
Ayes
x
x
x
x
x
x
x
1 9. A memorandum was presented from the City Manager
dated November 28, 1966 regarding acceptance of work
done by the Sully- Miller Contracting Company at the
City dump to fill an excavated water hazard.
Subject work was accepted as completed on or before
Motion
x
the November 9, 1966 deadline, and the Sully- Miller
Ayes
x
x
x
x
x
x
x
Contracting Company was released from further
liability.
10. Resolution No. 6474, amending Resolution 6378 which
established off - street parking meter zones and
Motion
x
regulations for the operation of parking meters, was
Roll Call:
adopted.
Ayes
x
x
x
x
x
x
x
11. A written request from the Community Cablevision
Company to provide temporary TV service to the
n Richard Smith Tract No. 6113 in Harbor Hills was
ry deferred until later in the meeting for the arrival of
Mr. Wayne Hauser of the Community Cablevision
Company.
ATTEST: ayor
Acts g City Clerk'
Page 136
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Index
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Harbor
Permit
A- 1011 -5
CA -130
CATV
CA -179
•
Harbor
Permit
A -1130-
CA -130
40
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 137
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APPLICATIONS FOR HARBOR PERMITS:
1. A memorandum was presented from the Public Works
Director dated November 28, 1966 regarding Harbor
Permit Application No. A- 1411 -R -1 of William D. Clark
-1 to construct a bulkhead in front of property, and return
walls along the side of property at 227 20th Street,
Newport Beach.
Harbor Permit Application No. A- 1411 -R -1 was
Motion
x
approved.
Ayes
xxxxx
x
CURRENT BUSINESS CONTINUED:
Upon the arrival of Mr. Wayne Hauser, Manager of the
Community Cablevision Company, Item 11 was resumed.
Mr. Hauser spoke from the audience and stated request
was for temporary service to new residents in Tract
No. 6113 on a gratis basis pending outcome of CATV
franchise.
A discussion was had.
Mr. Hauser requested permission to withdraw his letter.
i
The request of Mr. Hauser to withdraw subject letter was
Motion
accepted.
Ayes
xxxxx
x
APPLICATIONS FOR HARBOR PERMITS CONTINUED:
2. A memorandum was presented from the Public Works
Director dated November 28, 1966 regarding Harbor
Permit Application No. A- 1134 -R of Mrs. E. A. Smith
to widen and lengthen existing slip float bayward of
Lot 7, Bay Island.
Harbor Permit Application No. A- 1134-R was approved
Motion
x
subject to the following conditions:
Ayes
xxxxxx
(a) The slip be moved 3 feet northerly so that it will
conform to the 5' setback requirement, and
(b) No boats be moored outside the slip.
ATTEST: lKayor
Ac�ty Clerk Cl
Page 137
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CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 138
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COMMUNICATIONS -REFERRAL:
mmons &
1. A memorandum from the City Attorney dated
mplain t
shore
eshore
November 17, 1966 regarding Seashore Investment
vestment
Company v. County of Orange, City of Newport Beach,
et al - Superior Court No. 150201, was presented with
-169
the Summons and Complaint for Money, alleging that
the County Assessor in determining the assessment to
be made against plaintiff for the purpose of fixing the
amount of real property tax due for the fiscal year
1964 -65, erroneously and illegally assessed the
adjoining property in that it assessed said property to
the plaintiff rather than to The Irvine Company and
alleging that no part of said adjoining property nor any
taxable interest therein belonged to or was assessable
to plaintiff.
The City Attorney's referral of the above entitled
case to the County Counsel was confirmed, and
Motion
x
authorization was given to the County Counsel to appear
Ayes
x
x
x
x
x
x
and defend the interests of the City in the lawsuit.
2. 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
aims
mages
carrier was confirmed:
-84
(a) Claim of Inter - Insurance Exchange of the Auto
Club of Southern California as Subrogee of Walter
adburn
Chadburn for damages allegedly caused when the
interior of his car was flooded by a fire hose which
broke while a City employee was working on a
water main in the area of 45th Street and Channel
Place, on October 26, 1966.
(b) Claim of Dr. Ralph Anderson, owner of Newport
derson
Channel Inn Motel, 6030 W. Coast Highway, for
broken door and lock allegedly caused by police
officers during a burglary investigation on
October 14, 1966.
(c) Claim of Robert McFarren for damages to supplies
Farren
and carpeting of The Mug Shop, 3024 E. Coast
Highway, Corona del Mar, allegedly caused by a
plugged drainage outlet on November 7, 1966.
(d) Claim of William Verdult allegedly caused when a
rdult
City trash truck backed into his car at 514 W.
Balboa Boulevard on November 10, 1966.
ATTEST: or
Ac ing City Cle k
r
Page 138
I
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Index
•
Tang
Corona
de Her
Chamber
of Coma
request
for
sound
amplify
equipmt
and
Place
colorec
lights
parkisa3
trees
CA -7
CA--
Mosquii
Abatem
Dist.
Bd.
Truste4
CA -59
(Dump
site fo
boa
•xepa
and dr
storag
CA -38
Local
contro
ABC
licens
CA -156
•
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 139
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°cl�,icoo
...v - - -I - --
(e) Claim of Raymond Tang for damages and personal
injuries allegedly caused on September 4, 1966 when
his car was struck by a City police car.
3. A letter from Corona del Mar Chamber of Commerce
dated November 22, 1966 requesting approval and permit
to amplify and project Christmas music via loud
rCe speaker at Warren Stereo, 2816 East Coast Highway,
from December 1 to December 31, 1966, and to place
colored lights in the trees located in the parkway in
front of the businesses along Coast Highway, was
considered.
The request to place colored lights in the trees was
denied, but decoration of the trees in the customary
Motion
x
n
manner was approved; and the sound system requested
Ayes
x
x
x
x
x
x
x
was permitted, subject to the filing of the appropriate
application for sound amplifying equipment and subject
3 to whatever limitations the City Manager and Police
Department may impose.
4. A letter from the Orange County Mosquito Abatement
District dated November 22, 1966 stating that the
I
two year term of office of Newport Beach representative
Mr. A. Sandy Steiner, on the Board of Trustees will
s expire at the end of this year, and requesting
reappointment of Mr. Steiner, or a successor to him,
for the next two year term of office ending December
31, 1968, was considered.
Mr. A. Sandy Steiner was reappointed as a member of
Motion
x
the Board of Trustees of the Orange County Mosquito
Ayes
x
x
x
x
x
x
Abatement District for a term of two years.
5. A letter from Jack Barnett, Executive Manager of the
Newport Harbor Chamber of Commerce, offering the
suggestion that the City dump site be converted into a
•r boat repair and dry storage yard, was referred to the
Motion
x
staff for inclusion in the general study on the City
Ayes
x
x
x
x
x
x
x
dump site, and Mr. Barnett was highly commended for
his suggestion.
6. A letter from the Clerk of the Council of the City of
Santa Ana dated November 16, 1966 enclosing a
resolution adopted by the Santa Ana City Council
Ing supporting local control of alcoholic beverage licensing,
was referred to the City Attorney for preparation of
Motion
x
an appropriate resolution to be brought back to
Ayes
xxxxxxx
Council for approval.
ATTEST: ayor
4 e4
Acting City Clerk
Page 139
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Index
•
Request
re the
in front
of
propert3
E Coast
11gway
CA-35
Parking
Meters
Balboa
Peninsu:
CA -20
•
Sand re•
plenish
ment
Balboa
Island
CA -tag
CA -102
•
CA -55
0
CITY OF NEWPORT BEACH
Volume 20 - Page 140
N.,.,o...hc. 7R lq(,A
COUNCILMEN
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p Y N F T
A Z f F O i
x
C
3
x
a1
i
x
x
x
7. A letter from Architect Norman Pedersen, representing
Mr, and Mrs. Ed. B. Welcome, requesting permission
to set hexagonal quarry tile in reinforced concrete in
front of property at 3545 East Coast Highway, Corona
Motion
x
del Mar, was referred to the staff for review and report
Ayes
X
x
x
x
ADDITIONAL BUSINESS:
1. The following Minute Resolution was adopted:
Motion
x
Roll Call:
IT IS HEREBY DIRECTED that the parking
Ayes
x
x
x
x
meters in the Balboa Peninsula business district
be covered and that no charge be made for the
a use of said meters during the Christmas holidays,
effective December 15, 1966, and continuing
to and including January 2, 1967.
2. The recommendations of the Joint Harbor Committee
were approved in connection with sand replenishment
Motion
and dredging around Balboa Island, and the staff was
Ayes
x
x
x
x
directed to prepare any necessary joint powers
agreements and to include $1, 500 in the Proposed Budget
for 1967 -68 for the City's share of the cost. This amount
is to be matched by the County Harbor District, and the
money is not necessarily to be spent each year.
BUDGET AMENDMENTS:
1. The following budget amendment was approved:
Motion
x
Ayes
x
x
x
x
C -28, $150 transfer of Budget Appropriations for
purchase of an air impact wrench from Equipment
Maintenance - Maintenance & Repair of Equipment to
General Services - Equipment Maintenance, Capital
Outlay.
COMMUNICATIONS - ADVISORY
1. The following communications were ordered filed, and
Motion
the staff was directed to give special consideration to
Ayes
x
x
x
x
having someone attend the Labor Relations Institute
meeting mentioned in Item (a):
(a) A letter dated November 14, 1966 from Duane
Winters, Director of Orange County Division of
League of California Cities regarding matters
discussed at the last meeting of the Orange County
Division.
ATTEST: May
�4M
���GiiActing City Clerk
Page 140
x
C
3
x
a1
i
x
x
x
Index November 28, 1966
* (b)
CA -69
(c)
CA -99
CA -179 I (d)
CA -12 (e)
CA -53 (f)
A DDI
Lido Shops
1. Th
Lease of
ag
Parking
to
Spaces
AE
CA -38
CA -20
fo:
CA -79
ye
2. Cc
CA -66
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CITY OF NEWPORT BEACH
Volume 20 - Page 141
COUNCILMEN
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O A O
moymo �,ra
1. \
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1 I 1
A notice of the California Highway Commission
meeting to be held December 14, 1966 in
Sacramento.
A letter from the Federal Aviation Agency regarding
its evaluation of Macco Realty Company's proposal
to establish a helistop at 880 Dover Drive,
Newport Beach, and stating that objections were
received and made known to Macco who then
requested the aeronautical study be discontinued,
and the Federal Aviation Agency has terminated
its study of the case.
November issue of the Orange County Press Club
Reporter.
Minutes of the regular meeting of the Orange
County Water District Board of Directors held on
November 9, 1966.
Copies of agenda of the Board of Supervisors
meetings held November 14 and 22, 1966.
PIONAL ITEMS:
e City Manager was authorized to enter into an
Motion
x
reement with the Lido Shops Association to lease up
Ayes
x
x
x
x
x
x
30 parking spaces in front of City Hall to the
Abstairnng
x
sociation, at a charge of 25 cents a day per space,
a period terminating at the end of this calendar
ir.
uncilman Parsons requested permission to bring
ck the matter of a communication which was
esented to the Council at the meeting of November 14,
56 in connection with a resolution of the City
uncil of the City of Long Beach reaffirming its
equivocal and vigorous opposition to any legislative
oposal which would result in the City's loss of any
tonomy over its harbor or airport facilities; and
questing other cities in the State having similar
;ilities to join with the City of Long Beach in
sisting to the utmost any such sinister threat to the
iependence of California cities.
estaff was directed to make inquiry and to find out
Motion
x
its behind subject resolution.
Ayes
Y
x
x
x
x
x
x
;ST: yor
r
g 'City Clerk
Page 141
Index Nnvamhar 28_ 1966
CA-91
CA -91
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CITY OF NEWPORT BEACH
Volume 20 - Page 142
COUNCILMEN
oyvA "m
a 0
m ovmoA�a
c
3. Mayor Gruber stated that the regular meeting of
December 26, 1966, which falls on a holiday, would be
held on December 27, 1966 in accordance with
Section 407 of the City Charter.
4. Mayor Gruber requested permission to be absent from
the State from December 15, 1966 to January 5, 1967.
The request of Mayor Gruber was granted.
Motion
x
Ayes
x
xxx
xxx
The meeting was adjourned at 9:05 p.m.
Motion
x
Ayes
x
xx
xxx
x
ayor
ATTEST:
Ading City Clerk
Page 142
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