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HomeMy WebLinkAbout1960 11-15 CC MIN159 National City, California, November 15, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed by invocation by Rev. Keeble of the First Con- gregational Church. Moved by Reid, seconded by Morgan, the minutes of the adjourned meet- ing of October 25, 1960, be approved. Carried, all the Council pres- ent voting aye. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of November 1, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7828 was read, "RESOLUTION ACCEPTING RELEASE OF TIDE- LANDS LEASE." The release as of the lst day of May, 1960, by National Plating and Processing Company of Texas to a portion of tidelands is hereby approved and accepted and the City Council does hereby cancel and rescind the lease by and between the City of National City and National Plating and Processing Company of Texas, a Texas corporation, dated the 1st day of April, 1958. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye RESOLUTION NO. 7829 was read, accepting Covenant Running With Land and Easement from Peter and Doris E. Tarantino. Moved by Hart, sec- onded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7830 was read, "RESOLUTION ESTABLISHING PROCEDURE FOR PAYMENT OF REFUNDS TO TENANTS OF QLIVEWOOD HOUSING PROJECT." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7831 was read, approving and accepting that certain lease between City of National City and E Z Set Windows, Inc., and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Allen, seconded by Reid, the Resolution be aopted. Carried, all the Council present voting aye. RESOLUTION. NO. 7832 was read, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO CALL A SPECIAL ANNEX- ATION ELECTION, AND FIXING A TIME AND PLACE FOR PROTESTS BY PROPERTY OWNERS," (Sweetwater Heights Annexation). Moved by Hart, seconded by Morgan, the Resolution be adopted, Carried, all the Council present voting aye. 11/15/60 160 ORDINANCE NO., an Ordinance providing for the regulation of oats, was presented for the second and final reading. Upon motion of Allen, seconded by Hart, the reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 980, "AN ORDINANCE AMENDING ORDINANCE NO. 828 TO PROVIDE FOR THE REGULATION OP CATS." Moved by Allen, seconded by Hart, the "Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Morgan, Reid. ATTORNEY CURRAN reported an assignment in proper form of the sums to become due pursuant to contract with V. E. Posey has now been received and recommended the assignment be given a document number and placed on file by the City Clerk. Moved by Hart, seconded by Reid, the rec- ommendation of the City Attorney be approved. Carried, all the Coun- cil present voting aye. ATTORNEY CURRAN reported Hartford Accident and Indemnity Company has issued its Bond No. 3145229 which guarantees that Louis Gonzales will perform the work of moving a house, in accordance with Ordinance No. 840, and recommended the bond be filed. Moved by Allen, seconded by Hart, the recommendation of the City Attorney in regard to the bond of Mr. Gonzales be approved. Carried, al the Council present voting aye. ATTORNEY CURRAN stated the claim of W. R. Dean for damages suffered to his automobile as the result of hitting a telephone pole installed by the San Diego Gas & Electric Company has been examined, and recommended the claim be denied and Mr. Dean be so advised by the City Clerk. Moved by Morgan, seconded by Reid, the recommendation of the City Attorney in regard to denial of the claim of W. R. Dean be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he would like to take up in general the problem which has been before the Council in particular instances with refer- ence to zone variances. At the last meeting a question was raised as to whether or not on one specific zone variance which was anticipated the request would have to be rejected because of failing to comply with the Ordinance. There are several of these variances pending and there seems to be a problem because of the way the Ordinance was drafted, that either the property owners are not paying sufficient attention to the Ordinance as drafted or they do not have a person able to assist them in order to prepare their application. One of the oheif problems is the provision in the Ordinance which provides that the term "unnecessary hardship" is not intended to cover any economic or personal problem of an individual or group of individuals. That language is the same language that was placed in Ordinance 750 11/15/60 161 approximately three years ago by the City Council. The difficulty is it is either ignored or in some cases it is applied to some property owners and not applied to others. The present Ordinance provides that the applicant for a zone variance shall submit facts Which indicate that the variance should be granted. The difficulty we have found is the application does not submit the facts, nevertheless it is acted upon by the Planning Commission and comes before the Council and then has to be returned to be processed again. It appears that the City Council should 'termine Whether or not it desires to liberalize the procedure for the granting of a variance and if it does, the Ordinance should be amended so the procedure is liberalized. Attorney Curran said he would like to submit for consideration of the Council, at this time, whether or not it is the intent of the Council that Ordinance 962 is to be carried out to the ]e tter so the applicant will have tc submit all the information and all the facts that justifies a variance; or whether or not it is the intent of the Council the Ordinance should be amended so that it is liberalized. MAYOR HOLLINGSWORTH stated while she served as a mem�.er of the Planning Commission she saw some rather bad things "go through" in the City, in interpreting what a hardship or a reason why a zone variance or zone change thould be granted, and it deteriorated our City to such a point there were very few loans given in the City of National City. Since we adopted this Ordinance the ability of people to get real estate loans was stepped up. Hard- ship is not deep enough, planning is based on land use only. If we are going to upgrade the City we are going to have to have this kind of an ordinance. COUNCILMAN MORGAN stated he would like to comment on the request of Mr. and Mrs. Collins for a zone variance. In 1959 they moved to a new location on E. 18th Street and they got a license from the City to operate their business there, and in 1960 when they came in for a business license, with the adoption of Ordinance 962, they were not able to get a license. CITY PLANNER STOOK:MN stated on Nov. 13, 1959, Mr. and Mrs. Collins moved to 2604 E. 18th Street, and a request came through for her approval on a license; the classifica- tion stated "change of address"; the dba was "Art's T. V. Service", and therefore interpreted it as being a store which sold T. V.'s, tubes, etc., and she approved it. 0n January 20, 1960, the request came through showing the classification of T. V. and radio repair, and it was at that time Mrs. Stockman said she established it as a fix it shop and she would not approve the' application and took it before the Planning Commission; Mrs. Collins was called in, and at that time the Planning Commission interpreted that it was not a proper use and would have to be acted upon in another way. The application has been pro- cessed, the applicant circulated the petition and has the proper number 11/15/60 162 of signatures on it, it did go before the Planning Commission and it was acted upon favorably by the Commission, with the request they com- ply with the ordinance as to their signs. At the present time they have six signs and in a C-2 zone are limited to two signs. The signs are in the front yard setback which is against the ordinances; that is where it stands at the present time. GUY C. WILSON, 1175 Highland Avenue, Manager of South Bay Shopping Center, was present in regard to his request for Zone Variance No. Z-1O, requesting permission to install and operate a Kiddie Land. In the Ordinance there is no defi- nition which covers this type of use, and this is the point which would appear to be a hardship. There are very few shopping centers that do not have kiddie lands. MAYOR HOLLINGSWORTH stated she feels the Council have one or two errors in our Ordinance 962 and definitely thinks the Kiddie Land should be reviewed by the Planning Commission, and we have made one other error in the industrial area and our Ordi- nance needs to be amended. THOMAS M. HAMILTON, Attorney, representing Mr. Wilson, was present, and thought there might be another approach to their request, according to Section 12 (AS) Variances may be granted when practical difficulties, unnecessary hardships or results incon- sistent with the general' purposes and intent of this ordinance would occur through strict application of its provision; and it is their opinion a kiddie land should be permitted in a major shopping center because otherwise a result inconsistent with the general intent of the ordinance would be brought about. It is their belief a kiddie land is the proper subject for a variance without proving a hardship. MRS. AR'huk COLLINS, was present in regard to their request for a zone vari- ance, and that they had been a dvised by a realtor they could operate their business of T. V. and radio repairs at 2604 E. lath Street. COUNCILMAN ALLEN requested the variances which the City Attorney is holding up be presented to the Council. ATTORNEY CURRAN stated Vari- ance Z-8 which is the application of William A. and Charmaine J. Nosal that is a setback situation and does not involve some of the problems, but does involve the amount of information required by the Council; Zone Variance application No Z-9 is the application of George M. and Mary M. Cooley this is also a setback application and involves the same problem as the previous one. Likewise Zone Variance No, Z-7, which is the application of Lowell R. Terry, which was previously sent back and additional information has been submitted but it still does not satisfy the requirements. Variance No. Z-10 of South Bay Plaza and Variance No. Z-5 of Mr. and Mrs. Collins. Attorney Curran stated with reference to Application for Zone Variance No. Z-6 the difficulty is it requires more detailed and specific engineering data than we have; that is the problem wherein. there is only a 30 foot frontage, 11/15/60 163 and on this matter he would recommend it be referred to the City Engi_ neer and City Manager jointly for a report and recommendation before any further action is taken by the City Council. Moved by Allen, sec- onded by Hart, on Variance No. Z-6, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. Moved by Morgan, we grant the two variances; one for the South Bay Plazaand one for Collins. Motion died for lack of a second. WILLIAM A. NOSAL, 3016 Division Street, was present and questioned the delay in approving his request for a variance, CITY PLANNER STOCKMAN stated Application for Zone Variance No. Z-9 by George M. and Mary M. Coole, 2540 Norfolk Street, is a request to oonvert existing garage into a family room, add a second bath and utility room with variance in side yard setback from 4 feet to 3 feet. The Commission recommended the granting of this request. This is a oase the Planning Commission in their new Ordinance did correct, they require now an attached garage must maintain a 4 foot setback. CITY PLANNER STOCKMAN stated with reference to Application for Zone Variance No. Z-7 of Lowell R. Terry, he is requesting permission to change the front yard from 20th Street to Lanoitan Avenue with a 15 foot setback on Lanoitan Avenue and a 10 foot setback on 2Oth Street, located in an R-2, Two -Family Residence Zone. The Commission recommended the request be granted. The Ordi- nanoe requires the front yard be established on the narrowest portion of these lots therefore the duplex would not be able to be located on this particular topography without creating a hazard or an unpleasant condition to the abutting property owner. If he is required to front his house on 20th Street he would be required to put up a retaining wall which would shut out the light and air of the abutting property. Moved by Hart, seconded by Allen, the City Attorney go ahead and pro- cess all five of the zone variances with the intent that we are going to change the Ordinance. MRS. MARY M. COOLS, 2540 Norfolk Street, was present in regard to their application for a zone variance. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN stated with regard to the proposed extension of Orange Avenue and the acceptance of a deed for street purposes he would like to make the same recommendation atn this matter as he did on Variance No. Z-6, that it be referred to the City Engineer and City Manager jointly for further report beforet anything further is done. Moved by Alien, seconded by Reid, the recommendation of the City Attorney in regard to referring the Orange Street extension to the City Manager and City Engineer for a report bet approved. Carried, all the Council present voting aye. 11/15/60 164 i o:'z M. i;MILTON, Attorney for Guy C. Wilson of South Bay Plaza, was present and thanked the Council for the consideration given them in the granting of the zone variance. Moved by Allen, seconded by Hart, that Ordinance 712, Ordinance 962 and Resolution 7707 be amended, and all of them amended in the same manner; the amendment to be that any member appointed to the Commis- sions or Advisory Board that these particular ordinances and resolution cover, be notified they would be dismissed and someone else appointed in their place in the event of .missing four meetings in a row unless the persons were ill, hospitalized or under circumstances that prevent them being at the meeting. COUNCILMAN ALIEN stated Ordinance 712 relates to the Civil Service Commission, 962 to the Planning Commis- sion and Resolution 7707 to the Park and Recreation Advisory Board, The City Planner stated Ord. 962 does not govern the Planning Commis- sion. The motion was amended to inolude the Planning Commission, and not state Ordinance 962; also the Traffic Safety Committee and Library Board. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the members of the Council, includ- ing the Mayor and Vice Mayor, at the expense of the City, have some printed -cards with the City's seal and their names on them, also titles. Carried, all the Council present voting aye. COUNCILMAN MORGAN stated we see by the Star News the opposition on buying the water company advertised for us saying there were harsh words -said on. both sides. They do not have to apologize for us because we did not say anything that was not true. We voted to buy the Water Company because -we could save the people of National City money on their water bills. If we owned the Water Company we can assure them we could save them money. Now the people spoke and if they are happy it is all right, but they will never make us believe that we are not paying too much for water. Most of the other 17 agencies in San Diego County pay approximately one half of what we in National City pay for water, Moved by Reid, -seconded by Allen, the matter of changing the speed limit from 255 miles to 35 miles on such streets as 4th, 8th, 18th, etc. be referred to the Traffic Safety Committee for study srrj a report. Carried, all the Counoil present voting aye. Moved by Allen, seconded by Hart, we reoommend to the Traffic Safety Committee a study be made of the traffic stivation at 16th and "D" to see if it might warrant a light and also report to us the number of accidents which have oocurred at l6th and "D" in the last 36 months, Carried, all the Council present votirg aye. 11/15/60 165 MAYOR HOLLINGSWORTH stated last year in Congress there was a change in the tax laws, and now the Department of Justice or the Internal Revenue Bureau are trying to make some interpretations of their own whereby they can tax interest on revenue bonds which has previously been exempt. All of the cities in the United States are going on record against this because revenue bonds are paid for out of revenue; it is going to hurt every city, county and state in the United States. The American Municipal Association is urging every city to take action against this and to send a copy of their action to our representatives in Congress. Coronado has already passed their resolution; it is going to be brought up at the League of California Cities meeting Fri- day night and resolutions against it by all of the League and is going to be brought by the State of California League. Moved by Morgan, sec- onded by Hart, we recommend against this taxing of revenue bonds. Carried, all the Council present voting aye. COUNCILMAN ALLEN excused. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 13,740.11 TrafficSafety Fund 456.14 Park Fund 664.79 Retirement Fund 4,701.39 Harbor Fund 88.01 Gas Tax Fund 78,064.55 Trust & Agency Fund 25.00 Special Street Fund 5,530.94 Drainage Fund 26,246.55 Payroll Fund 53,690.61 TOTAL $183,208.09 Moved by Hart, seconded by Reid, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: None. Absent: Allen. RESOLUTION NO. 7833 was read, authorizing the payment of $182.00 to San Diego Fire Equipment Company for one Coaster Siren from the Capi- tal Outlay Fund. Moved by Mangan, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: None. Absent: Allen. CITY CLERK ALSTON reported the following bids were opened on November 7th for the Plaza Boulevard Storms Drain: WALKER & MURPHY, Riverside, $38,285.70; K. E. C. Company, Artesia, $35,926.50; PACE CONSTRUCTION COMPANY, National City, $25,371.95. COUNCILMAN ALLEN present. CITY MANAGER BIRD presented a petition zquesting proceedings be ini- tiated to have the following improvement work done in City of National City, by special assessment proceQedings, to -wit: investigate for 11/15/60 166 street widening; minimum street improvement, curb, gutter and pave on 17th Street between Lanoitan Avenue and Rachael Avenue. CITY MANAGER BIRD stated there is a condition prevalent there, this is actually the alley between Lanoitan Avenue and Rachael Avenue, east and west and they are asking for an investigation and proceedings to start a 1911 improvement district. It was the recommendation of the City Manager it be referred to the Engineer for proper procedure and report back to the Council. Moved by Reid, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending that on the south side of 13th Street and "D" Avenue a yellow crosswalk be painted. Moved by Allen, seconded by Morgan, the recommendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending "No Parking" signs be posted on "V" Avenue, from 8th Street to 6th Street. Moved by Allen, seconded by Reid, the recommendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the other matters discussed by the Traffic Safety Committee were all held over and require no action at the present time. NOTICE OF SAN DIEGO COUNTY WATER AUTHORITY MEETING on November 10th; and also the minutes of the regular meeting of October 13th, were pre- sented, and it was the recommendation of City Manager Bird the minutes be placed on file by the City Clerk, Moved by Reid, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM R. A. NYE was read, stating he noticed that a bond issue was defeated in the last election, which would make the City's water problems acute. He stated he has several patents on sea water conversion now pending, and if the City or any individual is inter- ested he would like to get in touch with them. Moved by Allen, sec- onded by Reid, the correspondence be answered that at the present time we do not think we will have need for their services. Carried, all the Council present voting aye. COMMUNICATION FROM CITY TREASURER KERR was read, requesting the appro- val of the emergency appointment of Jean Barber, commencing November 10th, to fill the position of Connie King who is on leave of absence due to surgery, and to continue through a tremendous rush period in her office; total time being approximately 90 days. Mrs. Barber will 11/15/60 167 start at Rate 18-A, $328.00 per month. Moved by Hart, seconded by Allen, the request of the City Treasurer be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollings- worth. Nays: None. REPORT OF CITY TREASURER for period ending October 31, 1960, was pre- sented and City Manager Bird recommended it be received and placed on file by the City Clerk. Moved by Morgan, seconded by Hart, the report be received and placed on file by the City Clerk. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked that the Council recognize Commissioner Harwell of the Civil Service Commission, who was in the audience. MAYOR HOLLINGSWORTH stated the Council were glad to have Mr. Harwell present. COMMUNICATION FROM CALIFORNIA RECREATION SOCIETY DISTRICT XII was read, extending an invitation to the City Council to attend their annual installation banquet, December 13th at the Hotel Del Coronado. COMMUNICATION FROM CITY ENGINEER ROBERTS was read, stating due to an extended illness, Irma Beauchamp will be unable to return to work when her sick leave and vacation leave have expired. It is requested a leave of absence of one year be granted Mrs. Beauchamp. Moved by Allen, seconded by Hart, the recommendation of the City Engineer be referred to the City Attorney for his recommendation at the next meet- ing as to whether we can act on this request for that period of time. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER ROBERTS was read, recommending the contract for the Plaza Boulevard 60-inch Storm Drain be awarded to Pace Con- struction Company, as low bidder. CITY MANAGER BIRD recommended a resolution be prepared by the City Attorney accepting the bid of Pace Construction Company for $25,371.95, and authorizing the Mayor to sign the contract. Moved by Morgan, seconded by Hart, the City Attorney be authorized to prepare the resolution awarding the contract to Pace Construction Company for the Plaza Boulevard Storm Drain. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM C. M. EICHENLAUB of SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY was read, stating their company owns all of Block 233 and the abutting property except that owned or to be acquired by State Highway Deloartment. The State has now decided on the extent of the property which they will require in connection with the 24th Street access to the Freeway. They hereby petition the Council to vacate the remaining portion of the alley in Block 233 between 23rd Street and vacated 24th Street lying westerly of the property required by the 11/15/60 168 State Highway Department for Freeway purposes. It was the recommenda- tion of City Manager Bird this be referred to the Planning Commission for a report. Moved by Allen, seconded by Reid, the recommendation of the City Manager the communication from Mr. Eichenlaub be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM GUY 0. ANDERSON of J0HNS0N ANDERSON ARCHITECTS rela- tive to El Toyon Park Community Center, was read, stating their con- tract for architectural services, dated September 6, 1960, allows 120 working days for preliminary work. Due to the necessity to relocate the building because of the proposed freeway through the site, the preliminary work has been delayed approximately 7 weeks, or 35 w rking days. This is to request a 35 working day extension of the time allowed for preliminary work on the subject project. Moved by Allen, seconded by Reid, the request be granted due to the fact the location had to be moved. Carried, all the Council present voting aye. PETITION signed by a number of parents and residents in the neighbor- hood served by the Casa de Salud was read, requesting the Casa de Salud be renovated and allowed to continue as their community buildings and that additional recreational material be furnished for the use of the children. CITY MANAGER BIRD stated he has checked the petition and there are only two or three who reside outside the City; they are all valid residents within the City, and recommended because of the fact the Park and Recreation Advisory Board is now making a study at the request of the City Council as to the necessity, etc. and what is to be done with the Casa, the petition will be held in abeyance and the Recreation Advisory Board notified to bring in their report. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger in regard to the petition from the people regarding the Casa de Salud, and the request from the Recreation Advisory Board be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he is in receipt of a copy of the financial report from the San Diego County Water Authority for the fiscal year ended June 30, 1960, and recommended it be received and placed on file by the City Clerk. Moved by Allen, seconded by Hart, the recommenda- tion of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read, stating a discussion was held on the Pepper ]ease in regard to paragraphs 24 through 28 of the proposed lease. It was the recommendation of the Committee paragraphs 24 through 28 of the Pepper lease' be recommended to the City Attorney for approval and authority to incorporate them into the lease. Moved 11/15/60 169 by Hart, seconded by Alien, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. CITY MANA- GER BIRD stated it was also discussed by the Harbor Committee the ques- tion, which of necessity, had been omitted because it was the thinking there would be an easement granted over the abutting property; however, in this discussion it was shown there would have to be granted to L. M. Pepper in connection with this lease a 7i foot right of way on the north line of 24th Street from the water front to a point 50 feet east of his west line of the present establishment, for the purpose of oil pipe line transmission. It was the recommendation of the Committee it be incorporated in the lease, in terms satisfactory to the City Attor- ney. COUNCILMAN ALLEN stated it was also recommended that it follow the same charges of the San Diego Gas & Electric Company's lease. Moved by Hart, seconded by Morgan, the recommendation of the Committee be approved. Carried, all the Council present voting aye. REPORT rxOM THE COMMITTEE stated a discussion was held in regard to removing of equipment on the leased ground, and it was their recommendation that Paragraph 7 read 180 days instead of 60 days due to the nature of the installation and conforming also with the number of days allowed San Diego Gas & Electric Company. Moved by Hart, seconded by Morgan, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. The report further stated Mr. Pepper stated he had two objections to the lease. The first one is Paragraph 9 in regard to the word "occupancy". He stated there is a. prevailing custom for vessels to come in and tie up to the pier for various rea- sons, yet they are paying no fee. If the word "occupancy" remains it would be necessary for him to come to the Council for consent every time this happened. Chairman Allen stated if the piers present a par- ticularly difficult problem he believes there could be included an exception to boats and ships. It was the recommendation of the Harbor Committee this be considered by the City Attorney. COUNCILMAN i.LLEN stated he believed that before the disoussion ended, Mr. Pepper agreed that due to the fact the lease calls for a maritime operation that neither the word "occupancy" nor the necessity to delete or to add to the lease in the form of adding boats or ships would be necessary as the maritime operation would permit the tying up of boats or ships; however, it was referred to the Attorney for his approval. Moved by Allen, seconded by Hart, the recommendation as he has stated it, be referred to the City Attorney for approval, whether it should be included or if the maritime operation oovers it. Carried, all the Council present voting sage. REPORT OF THE HARBOR COMMITTEE stated Mr. Pepper also stated he wanted some provision in the lease in case of his death his heiC:s would be protected. The Committee recommended Mr. 11/15/60 170 Pepper discuss this with City Attorney Curran. Moved by Allen, sec- onded by Hart, the last paragraph of Harbor Committeets recommendation be approved. Carried, all the Council present voting aye. CITY MANIGER BIRD stated in regard to drainage, particularly at 8th and "M" we have been in negotiation with National City Assembly of God Church, and just recently the Engineering Department discussed the matter with them, and we now have a letter in this regard. COM- MUNICATION FROM STUART L. DOUGHERTY of ROSE, KLEIN, DOUGHERTY & SCOTT, Attorney for the Assembly of God Church, addressed to the Office of the City Engineer, was read. City Manager Bird recommended that the Engineer and the City Manager, and because of the fact their attorney, Stuart L. Dougherty, wishes to meet with us, that our City Attorney also be included, that such a meeting be set up in an an attempt to arrive at an equitable solution to the problem. Moved by Allen, sec- onded by Reid, the recommendation of the City Manager in regard to the drainage problem be approved. CUY C. WILSON, 1175 Highland Ave., was present and stated this is a very serious problem and must be taken care of. Mr. Wilson said if there is anything which should be done from their standpoint and if the Council wishes their Attorney to sit in on the meeting with Attorney Curran and Attorney Dougherty he will do so. Carried, all the Council present voting aye. CITY MANAGER BIRD stated it was the recommendation of the Harbor Com- mittee to the City Council that the City Attorney of Chula Vista and the City Attorney of National City and other attorneys to be desig- nated, meet to discuss ways and means pertinent to joint ventures on the tidelands. Moved by Morgan, seconded by Allen, the City Attorney be given authority to meet with these Attorneys on the matter of the tidelands. Carried, all the Council present voting aye. CITY CLERK ALSTON stated at the last Council meeting an invitation to attend a luncheon of the Traffic Safety Council was read, but no res- ervations were taken. The luncheon is tomorrow at 12 noon in the Redwood Room of the Town and Country Hotel, and asked if anyone wished to attend. COPY OF COMMUNICATION FROM ACTING ENGINEER FOR THE BOUNDARY COMMISSION addressed to the County Boundary Commission was read, regarding Olive - wood Annexation to the City of National City. The description of the boundary of this proposed annexation is definite and certain and approval thereof is recommended. Moved by Reid, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. 11/15/60 171 CITY CLERK ALSTON stated on the day of the election she received a telegram from The Bond Buyer of New York City which requested she wire press collect result of November 8th election $6,000,000 water system facilities revenue bonds. Mrs. Alston stated the answered their wire C.O.D. CITY CLERK ALSTON announced the meeting of the League of California Cities which will be held Friday, November 18th in the Knightts Room, Del Mar, 1670 Coast Blvd. CITY CLERK ALSTON presented the Affidavit of Publication of Resolution No. 7824 in regard to Sweetwater Annexation Unit No. 2. Moved by Allen, seconded by Reid, the Affidavit be filed. Carried, all the Council present voting aye. RESOLUTION NO. 7854 was read, accepting the bid of Pace Construction Company in the amount of $25,371.95 for the Plaza Boulevard 60-Inch Storm Drain, and the Mayor is authorized and directed to execute the contract for said project. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the City Clerk be authorized to send a letter of regret to E. E. LaCasse, III at 2120 Highland Avenue, Carried, all the Council present voting aye. Moved by Hart, seconded by Morgan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:40 p.m. ATTEST: CITY CLERK 11/15/60