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07/09/1956 - Regular Meeting
i The above resolution was adopted by the following roll call vote, to wits AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMENs None ABSENT, COUNCILMEN: Wilder On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, the meeting was adjourned. ATTEST: k, S City CleIrk QV Mayor July 9, 1956 The City Council of the City of Newport Beach met in regular session in the Council Chambers of the City Hall at the hour of 7 :30 P.M. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Higbie, Ridderhof and Hill; Councilman Stoddard being absent. On motion of Councilman Ridderhof, seconded by Councilman MacKay and carried, the reading of the minutes of June 25, 1956, was waived and they were approved as written and ordered filed. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the reading of the minutes of the special meeting of June 29, 1956, was waived and they were approved as written and ordered filed. Mayor Hill announced that it would be in order to submit the report of L. W. Covert, Superintendent of Streets, in the matter of weed abatement. The Clerk read the report of L. W. Covert, in which it was stated that the work of weed abatement had been completed in accordance with specifications and that the total cost thereof was &1,890.00, and that the time for hearing objections to said work had been set for July 9, 1956, at 7 :30 P.M., due notice of hearing having been given, Mayor Hill opened the meeting for protests from any of the property owners involved. There were no protests and the hearing was closed. On motion of Councilman MacKay, seconded by Councilman Hart and carried, Resolution No. 4509, accepting and confirming the report of L. W. Covert on weed abatement, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN- None ABSENT, COUNCILMEN: Stoddard The City Engineer reported to the Council that since the field survey work was done for the improvement of 31st Street and other streets under Resolution of Intention No. 4421, adopted by this Council on'the 27th day of December, 1955) that two (2) houses had been constructed in Block 47 of the River Section Tract along the northwest side of 47th Street. That the said houses had been constructed on a grade conforming to the then existing grade of the lots upon which they were constructed, which grade is higher than the grade finally established for 47th Street, as shown on Sheet 6 of Plan 440, approved by the Council for the construction of the work on said 47th Street under Resolution of Intention No. 4421, and that if the improvement is constructed in accordance with the present plans for the improvement it will be impossible for the two parties to have ingress and egress to their garages. In order to remedy this situation it will be necessary to modify the work on 47th Street by reconstructing certain curb on the northwest side of 47th Street and the raising of the grade from that shown on Sheet 6 of Plan No. 440. The Engineer further reported that he had prepared a plan of the proposed revision, designated as Sheet 6A, Plan No. 0, which he presented to the Council for their consideration, together with an estimate of the increased costs. The proposal for modification and the proposed plan of revision were considered by the Council. On motion of Councilman Hart, seconded by Councilman Higbie and carried, Resolution No. 4510, approving Sheet 6A of Plan No. 440, was adopted by the following roll call vote, to wits AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMENs Hart, Wilder, MacKay, Higbie, Ridderhof, Hill None Stoddard Adoption of resolution. Adjournment. Regular sessione Roll call, Approval of minutes of June 2 5 and 294 19L. B-1+5 q. accepting and confirming_ report of Lo W. Covert on weed abatement. R�4j10, approving Sheet�A of Plait 440. West New - oor Improvement. Special Council for the City advised the City Council that such changes are authorized by the provisions of Division 7 of the Streets and Highways Code, but the Act requires that the Council first pass Resolution of Intention proposing to make such changes and modifications and that said Resolution be published once not less than ten (10) days prior to the hearing date on said proposed changes, which date shall be set in the Resolution of Intention to Modify. On motion of Council- man Higbie, seconded by Councilman Ridderhof and carried, Resolution No. 4511, being a Resolution proposing to make changes and revisions in the work as described and contemplated in Resolution of Intention No. 4421 of the City of Newport Beach was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard COMMUNICATIONS Orange County League The City Clerk presented the statement of the Orange County League of Cities re dull of Cities, for dues, for the period of July 1, 1956, through December 31, 1956, in the amount of $185.41. Payment of said statement was authorized on motion of Councilman MacKay, seconded by Councilman Wilder and carried, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Newport Harbor Chamber A letter from Newport Harbor Chamber of Commerce, dated June 28 1956, of Commerce re business was presented. Said letter states that an investigation had been made re- Dense fees. garding the action taken by the Council in the matter of revision of fees for the issuance of business licenses, and enclosed a copy of a Resolution adopted by the Chamber making certain recommendations regarding the business license fee ordinance which was recently adopted. The Clerk then read a statement from the City Manager recommending that the City Council authorize the City Manager and City Attorney to redraft sections of the Municipal Code, pertaining to business licenses, with the following objectives: (a) Further equalization of basic license.fees applicable to comparable businesses; (b) More logical segregation and classification of those businesses or occupations to which special charges above the basic fees are applicable; (c) Clarification of Code provisions for easier interpretation and administration; and further authorizing the City Manager to issue appropriate notices to current licensees, explaining that fees established by the present ordinance are payable immediately .and that any adjustment in such fees resulting from pending modification of the fee structure will be effected not later than October 15, 1956. A dis- cussion was had. The City Manager stated that the City's authority and intention to make refunds to any licensees whose fees are adjusted downward as a result of ordinance revisions, should be clarified in a resolution which would be presented for adoption to the Council at the next regular meeting. On motion of.Councilman MacKay, seconded by Councilman Ridderhof and carried, the recommendations of the City Manager were accepted and authorized. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the letter of the Newport Harbor Chamber.of.Commerce was ordered filed, with appreciation to the Chamber for its interest and assistance. L F. Vallel re The request of Roland F. Vallely for a permit to use a public address permi to o use public system in his boat rental office located at the corner of Palm Street and address system. Edgewater Balboa, between the hours of 10:30 A.M. and 10:00 P.M., was pre - sented. bn motion of Councilman MacKay, seconded by Councilman Hart and unanimously carried, said request was granted for a permit for 30 days from date. Letter froxi Jo M The Clerk read a letter from James M. Montgomery, Consulting Engineer, Montgomery ro ". dated June 25, 1956, regarding the status of the investigation for a pro - brobosed terminal posed,terminal reservoir to be located in the San Joaquin Hills northerly reservoir. of Corona del Mar. A copy of said report is on file in the City Clerk's office. On motion of Councilman MacKay., seconded by Councilman Hart and carried, said letter was ordered filed with the correspondence concerning the proposed reservoir. Horace S Maze$ A letter from Horace S. Mazet, a resident of Balboa Island requesting re picnicking on that the law prohibiting picnicking on the beach be enforced and that the beach and parking signs notifying the public of said law be repainted and made legible, and Of boat trailers suggesting that parking of boat trailers.be prohibited on Balboa Island on Balboa Island since parking space is limited, was presented. A discussion was had and the City Manager stated that the signs referred to were being repainted and that he appreciated the reminder given by Mr. Mazet. On motion of Councilman MacKay, seconded by Councilman Hart and carried, the letter was referred to the City Manager for investigation. Letter of protest A letter was presented from Francis E. Caudell and Evelyn Caudell pro - akainst any petition testing any petition which may be presented.requesting that the residents of of residents-of "Little Island" be allowed to lease the beach on the island for private "Little Mand00 beach, and inquiring as to where the matter would stop as each area, Shore to lease the beach Cliffs, Balboa Island, or residents on the peninsula would all wish to do the for private use, same thing; further stating that they have confidence in the Council in fair dealing, representing all and not a few. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said letter was ordered filed. u i The Clerk read a letter from "The Little Island Association," signed by "The Little Island its Board of Directors, informing the Mayor and City Council that their Association" re Association has been formed as a non- profit corporation and that they wish betterment of to assist the Council by studying facets of community life and passing the Little Island. information on to the Council. Said letter commends the Council for fore- sightedness and the honesty with which the Council has guided the City, and ' requests that it be consulted on any matters concerning the betterment of Little Island. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, said letter was ordered filed, with appreciation for the kind words and with the request that the Clerk send a copy of said letter to the Planning Commission. The report compiled by the State Controller regarding the Motor Vehicle Roport of Motor License Fee Fund, being a summary of apportionments of Motor Vehicle License Vehicle License Fees for the period of June 1, 1955, to May 31, 1956, was presented and eos. ordered filed on motion of Councilman MacKay, seconded by Councilman Ridderhof and carried. LICENSES The Application for License of Douglas H. Buell for snack shop at 226 Douglas H.'Buell, Marine Avenue, Balboa Island, (meals, short orders, soft drinks), dba Doug's knack shop. Dog House #21 being a change of ownership, was presented and approved on motion of Councilman Ridderhof, seconded by Councilman Hart and carried. The Application for License of Nelson- McIntyre Corp., by Ralph J. Nolson-Mc%nt r© Gaston, for restaurant at 2171 East Coast - Highway, Corona del Mar, (restaurant Cor y R. J. and cocktail lounge), dba Jamaica Inn Restaurant was presented, and on motion Gaston or of Councilman MacKay, seconded by Councilman Wilder and carried, said resta�uran. application was approved, subject to applicant's securing Use and Occupancy Permit and Health Department approval. The Application for License of Paul A. Golden, for automatic car wash Paul A. Golden ' at 2244 West Coast Highway, Newport Beach, for car washing and waxing, dba for car gash. Lustrwash, being a change of ownership, was presented and approved on motion of Councilman Hart, seconded by Councilman Ridderhof and carried. ADDITIONAL BUSINESS C The letter from Mrs. Betty Reynolds regarding the need for a law pro- hibiting dogs on all Newport bay front beaches, having been referred to the Police Department on June 25, 1956, for recommendation, was presented with a Memorandum from the Chief of Police recommending that.Section 4107 of the Municipal Code be amended to exclude dogs from all public bay front beaches as well as any public parks which are used primarily as children's playgrounds. A discussion was had, and on motion of Councilman Hart, seconded by Councilman MacKay and carried, the City Attorney was instructed to draw up the necessary amendment to the Municipal Code in accordance with the recommendation of the Chief of Police. The City Clerk read a letter from the Helipot Corporation dated July 59 1956, protesting the proposed "Helipot Annex" annexation which was scheduled for hearing at this time. The Clerk also read a letter from William Cagney, dated July 5, 1956, regarding the proposed Helipot annexation, setting forth the position of the owners of the property adjoining said annexation, stating that he, James Cagney, and James Cagney's wife, were unable to comply with the request to release Helipot and the City of Newport Beach from any claims owned by the Cagneys in respect to any and all rights in oil and minerals lying 500' beneath the surface.of the Helipot property. A discussion was had. Mr. Edwin Taylor of Helipot Corporation, spoke from the floor, expressing a feeling of friendliness and co- operation with the City of Newport Beach. On motion of Councilman Ridderhof, seconded by Councilman Hart and carried, said letters were ordered filed. On motion of Councilman Higbie, seconded by Councilman Ridderhof and carried, the Helipot annexation proceedings were abandoned. Resolution No. 4512, authorizing the Mayor and City Clerk to execute an agreement between the City of Newport Beach and Ira N. Frisbee a Company as the City's independent auditors for the fiscal year 1956 -57, was presented. Mayor Hill read a statement regarding the audit contract, setting forth the objectives of the City Council in obtaining the services of said auditing firm. A copy of said statement, dated July 9, 1956, is on file in the City Clerk's office. On motion of Councilman Wilder, seconded by Council- man MacKay and carried, Resolution No. 4512 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Report of inm vestiaation b Police Department re does on alb. Ne'dort bay front eaches. R -4512. author- izina Mai or and City Clerk to execute agreement with Ira N. Frisbee & Co. A letter from the City Engineer was presented, stating that the work Appaoval of Mork of R. J. Noble Company, for resurfacing of certain streets in Corona del of R. J. Noble _Co- Mar and Harbor Island, has been completed in accordance with its contract, Zesurfacine of and recommending that the work be accepted. On motion of Councilman Wilder, streets in CDM© seconded by Councilman Hart and carried, said recommendation.was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard M A A P roval'of work b A letter from the City Engineer was presented, stating that the work Trautwein Bros. of of Trautwein Bros., marine contractors, has been completed, being the concrete slab groin construction of a concrete slab groin at the City of Newport Beach Trailer at Trailer Park. Park, in accordance with its contract, and recommending that the work be accepted. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said recommendation was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Ax�oroval of work by A letter from the City Engineer was presented, stating that the work groft & Neville.' %ne of Croft & Neville, Inc., has been completed, being the construction of a concrete bulkhead on concrete bulkhead on Lake Avenue near 38th Street, in accordance with its Lake Avenue. contract, and recommending that the work be accepted. On motion of Council - man Wilder, seconded by Councilman MacKay and carried, said recommendation was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Amproval of work b A letter from the City Engineer was presented, stating that the work Sul -m l er recur- of Sully - Miller Contracting Company has been completed, being the resurfacing gacin� of a oA of Balboa Boulevard and Bay Avenue, in accordance with its contract, and Blvd. and Hay Av ®. recommending that the work be accepted. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said recommendation was approved by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Oaths of office. The Oaths of Office of James H. Mayor as a regular Police Officer, and J H. Ma o of Robert Humphreys as a Special Police Officer, were presented. On motion Ro Humn eys of Councilman Wilder, seconded by Councilman Hart and carried, said oaths were approved. R_45I authorizing Resolution No. 4513, authorizing the City Attorney to dismiss Superior City Attorne "to d s- -No. Court Action No. 54415, in and for the County of Orange, State of California, miss Action l and substituting Karl Lynn Davis for Harry L. Blodgett as Attorney in said and substitution o action, was presented. The City Attorney stated that the City had no interest attorney. in this property and the action proposed to be taken was merely technical in order to clear the title to the property. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4 513 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard &_4508. creatin a Resolution No. 4508 was presented, being a resolution amending the new class known as Classification and Compensation Plan by creating a new class known as Police - Policeu0man. woman, and establishing Class Grade 12 therefor. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4508 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Ordinance No. 790. The City Attorney presented, and read the title of, Ordinance No. 790, being Re Sales Tax AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING PART co lect on. I, SECTIONS 6426 -6449 TO CHAPTER IV OF ARTICLE VI OF THE MUNICIPAL CODE, IMPOSING A LICENSE TAX FOR THE PRIVILEGE OF SELLING TANGIBLE PERSONAL PROPERTY AT RETAIL, PROVIDING FOR PERMITS TO RETAILERS, PROVIDING FOR THE COLLECTING AND PAYING OF SUCH TAX, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOF AND DELETING SECTIONS 6400 THROUGH 6425 OF CHAPTER IV OF ARTICLE VI OF THE MUNICIPAL CODE. Ex lanation bar_ Cit The City Attorney explained that it would be advisable to adopt Atrney re Sales and Ordinance No. 790, as well as two additional ordinances to be presented Use Tax collection, immediately, in order that the collection of Sales and Use Tax now being collected by the State of California, under previous ordinances adopted effective April 1, 1956, in view of the fact that the constitutionality of said previous ordinances is being attacked and should said ordinances be declared illegal, the ordinances being presented tonight would enable the City to collect its own Sales and Use tax in the same amounts and with no other change except the change of the collecting agent. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the reading of Ordinance No 790 was waived. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, Ordinance No. 790 was adopted effective immediately, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN• Non ABSENT, COUNCILMEN: Stoddard J The City Attorney presented Ordinance No. 791, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING PART II, SECTIONS 6460 -6484 TO CHAPTER IV OF ARTICLE VI OF THE MUNICIPAL CODE, IMPOSING AN EXCISE TAX ON THE STORAGE USE OR OTHER CONSUMPTION OF TANGIBLE PERSONAL PROPLRTY. 233 Ordinance No. 791. On motion of Councilman Wilder, seconded by Councilman Hart and carried, Ordinance No. 791 the reading of Ordinance No. 791 was waived. On motion of Councilman Wilder, adopted. seconded by Councilman MacKay and carried, Ordinance No. 791 was adopted effective immediately, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard The City Attorney presented Ordinance No. 792, being Ordinance_Koo 792. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6507 OF CHAPTER V OF ARTICLE VI OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH. On motion of Councilman Wilder, seconded by Councilman Ridderhof and Ordinance No.-792- carried, the reading of Ordinance No. 792 was waived. On motion of Council- 'Ka-g- -ed. man Wilder, seconded by Councilman MacKay and carried, Ordinance No 792 was adopted effective immediately, by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard I Resolution No. 4514 was presented, being a resolution authorizing the Mayor and City Clerk to execute an amendment to the agreement with South Coast Construction Company to allow said company to and including July 14, 1956, to complete the improvement as set forth in the agreement of March 26, 1956. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, Resolution No. 4514 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill None Stoddard Resolution No. 4515 was presented, being a resolution authorizing the Mayor and City Clerk to execute an amendment to the agreement with Griffith Company to allow said company to and including July 15, 1956, to complete the improvements as set forth in the agreement of February 20, 1956. On motion of Councilman Ridderhof, seconded by Councilman Wilder and carried, Resolution No. 4515 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard The Clerk read a letter from City Engineer J. B. Webb, presenting the following applications for pier permits, having been approved by the Joint Harbor Committees H. C. Kleppe, for a bulkhead on portion of Lots 1, 2, 3, 4, Block 337, Canal Section; the following also being subject to Corps of Engineers' approvals D. W. Douglas and Bessie C. Britton, joint ownership float and slip, Lots 16 and 17, Tract 907. Subject to boat not extending beyond project line; M. E. Swanson, for pier and float, Lot 2, Block 241, Canal Section; James P. Kelley, extend slip fingers on Lots 882, 881, and J 880, Tract 907. This permit subject to consent of owner of Lot 879. On motion of Councilman Wilder, seconded by Councilman Ridderhof and carried, the said applications were approved as recommended by the City Engineer and subject to the approval as set forth by the City Engineer. Mayor Hill stated that the matter referred to in the letter from Harold M. Field, requesting the erection of a STOP sign at the northeast corner of the alley approximately 70'.south of Bay Front which had been referred to the City Manager on June 11, 1956, has been investigated and the requested sign was installed on June 15, 1956, by the Street Department. The City Manager stated that the matter of residence of fire and police personnel has been under study for the past several months, and that it appeared to be of benefit to the City that fire and police personnel be enabled to reside outside the City limits and within a certain area described on a map, which residence area had been recommended to the City by the Civil Service Board, and would enable the said personnel to obtain less expensive Pier permits. H. C. Kleppe D. W. Douglas and Bessie C. Briton M. E. Swanson James . Kellen Apbroval of user permits. STOP si �i�insta1.x eg Regu�o�ed by H. H. Field. R- 4516 ,_designdt - ing residence of fire and police personnel. housing. Mr. Edward Healy was invited to speak from the floor, and he stated that the increased area would bring in new subdivision areas where the said personnel could afford to buy. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4516, being a resolution designating the area within which the Fire Department and the Police Department personnel may reside, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hart, Wilder, MacKay, Higbie, Ridderhof, Hill None Stoddard The City Engineer presented plans and specifications for the installation of a water main from 17th and Cliff Drive to 20th and Irvine Avenue. On motion of Councilman MacKay, seconded by Councilman Ridderhof and carried, said plans and specifications were approved. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the City Clerk was instructed to call for bids to be submitted on August 13, 1956, for the installation of said water main. Additional time granted The City Manager stated that he would like to have additional time to C ter Manager for stuff study the salary classifications for the City's personnel. He stated the of salary�sifi- City Attorney had informed him that it would be within the Council's cstion for City_ °s discretion to make salary adjustments retroactive to July lst for those who personnel. had anticipated and were entitled to increases at that time. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, the request of the City Manager for additional time in which to study salary matters was granted. Discussion and ex- The City Manager called to the attention of the meeting the fact that planation b5 City the budget contains a proposal to raise the water rates from $1.30 to $1.90 Manager on proposal for 3/4" meters, which is the size used by most consumers in the City. He to raise water rates. stated this proposal was suggested as a means of financing and /or correcting two major deficiencies in the water system, one of which is the installation of the water main from 17th and Cliff Drive to 20th and Irvine Avenue, the other is the crossing of the Channel with a 14" water main which would eliminate some serious problems of water quantity and pressure by closing a loop in the system, and is recommended by the Montgomery report. The City Manager further stated that it would be impossible to install the 14" water line across the Channel entrance this fiscal year unless some adjustment is made in water rates. Paul R. Moss. 109 The City Manager stated that the Application for License of Paul R. Palm. Result of in- Moss to allow dancing at 109 Palm, Balboa, had been referred to him for vestigation to allow investigation and report. He recommended that the application be approved, dancing0 conditioned upon the final clearance from the Police Department and the Building Department. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said recommendation as conditioned was accepted. Report of City Attorney The City Attorney stated that, in connection with the action in the on action brought by Superior Court brought by the City of Costa Mesa against the City of Newport Costa Mesa a ainst the Beach a demurrer had been filed on behalf of the City of Newport Beach and Ci vo that the matter had been continued until July 16, 1956. R =4517r authorizing The City Attorney presented Resolution No. 4517, being a resolution execution of contract authorizing the Mayor and City Clerk to execute the contract wherein and ILI h A. Sturtevant whereby Austin Sturtevant Company guarantees to the City of Newport Beach Co. for improvements that it will construct water lines, sewers, cement work and street surveys, in Tract 3000. and any other improvements shown on the improvement plans heretofore approved by the City Engineer, said improvements to be located in Tract 3000, and pro- viding that Austin Sturtevant Company shall file with the City a bond in the amount of not less than $136,OCO.00, to assure full and faithful per- formance. The City Engineer recommended the adoption of said resolution. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, Resolution No. 4517 was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Stoddard Michael DeLonge. App. The City Attorney stated that an investigation had been made of the for license. Report.' Application for License of Michael DeLonge for soliciting orders for of City Attorney. Flexiclogs, which are shipped direct from Wisconsin, thereby constituting interstate commerce. It was, therefore, the City Attorney's recommendation that the application be granted. On motion of Councilman Wilder, seconded by Councilman MacKay and carried, said application for license was approved. The City Manager stated that he was informed that the delay in the final completion of installing signals atCoast Highway and Morning Canyon Road and at Newport Boulevard and Via Lido, was caused by an electricians' strike. On motion of Councilman MacKay, seconded by Councilman Wilder and carried, the meeting was adjourned sine die. Mayor ATTEST: 1N S City Clerk 1 i