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HomeMy WebLinkAbout1959 10-06 CC MIN111 National City, California, October 6, 1959 Regular meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. o'clock. Council members present: A11en, Fessman, Hart, Hollingsworth. Council members absent: Hodge. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Supt. of Parks and Recrea- tion Gautereaux. Moved by Allen, seconded by Hart, the minutes of the regular meeting of September 22, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7604 was read, accepting a grant deed from James A. and Iva M. Bird; grant deed and easement from G. H. and Leone C. Wieklund. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. ORDINANCE NO. "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "HOBSON ANNEXATION" TO THE CITY OF NATIONAL CITY," was presented for the first reading, and read in full. ORDINANCE NO. _�_`_, "AN ORDINANCE AMENDING ORDINANCE NO. 750 BY REZONING CERTAIN REAL PROPERTIES IN NATIONAL CITY," was presented for the first reading, and read in full. ATTORNEY CURRAN reported Industrial Indemnity Company has issued a Certificate of Insurance showing Harry & Virginia De Menge has Workmen's Compensation Policy as required by the laws of California, and recommended the Certificate be filed. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he has reviewed the proposed contract sub- mitted to the City by the National City Chamber of Commerce, it involves the appropriation of funds, and recommended it be referred to the Finance Committee before any action is taken by the Council. Moved by Fessman, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Land Title Insurance Company Policy No. 147702-C has been examined, and recommended it be filed. Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. 10/6/59 112 ATTORNEY CURRAN stated the promissory note secured by a deed of trust which has been executed by National City Development Company has on the reverse thereof an endorsement made by the bank on account of the partial reeonveyance, and recommended the document again be filed by the City Clerk. Moved by Allen, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN recommended the claims filed against National City by Martial Becerra and Lois Walters be rejected and denied. Moved by Hart, seconded by Fessman, the recommendation of the City Attor- ney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Public Utilities C;cmmission has deter- mined the application of California Water and Telephone Company No. 41117 regarding the treatment to be given to funds which the Cali- fornia Water and Telephone Company has collected from subdividers by contract, which contract provides there shall be no refund, shall be submitted to the Council for the filing of briefs within thirty days after filing of the transcript of the hearing. It is not known how soon the transcripts will be ready. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $14,662.62 Traffic Safety Fund 9,766.50 Park Fund 400.77 Retirement Fund 3,766.41 Special Street Fund 4,303.06 Drainage Fund 83,982.50 Payroll Fund 91,867 .996 TOTAL . $208, 749.82 Moved by Fessman, seconded by Hart, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Pessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. APPOINTMENT OF MEMBER ON THE CIVIL SERVICE COMMISSION was presented. Moved by Fessman, seconded by Hart, this be laid over until Mayor Hodge is present. Carried, all the Council present voting aye. COP'M'MUNICATION PROM DIVISION OF HIGHWAYS was read stating they have recently reviewed the intersection of 13th Street and Montgomery Freeway to determine what steps might be taken to improve its opera- tion. Although they have concluded that no benefit would accrue from the construction of a traffic signal, considerable improvement is to be expected from a revision in channelization, construction is to begin very shortly. Moved by Hart, seconded by Allen, the communi- cation be filed. Carried, all the Council present voting aye. 10/6/59 113 CITY CLERK ALSTON reported she submitted the Annual Report of the City Clerk to the State Controller, and she has a copy of the report to be published in the National City News, and would like acceptance of the report and authorization to publish same. Moved by Allen, seconded by Hart, authorization be granted to have the report pub- lished. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of Rules Governing Design, Construction, Testing, Maintenance and Operation of Gas Transmission Pipe Lines System before the Public Utilities Commis— sion. Moved by Allen, seconded by Hart, this be referred to the City Attorney, and if it should be referred to the City Manager the Attorney so do. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she received a notice from the U. S. Army Engineers regarding application for a permit to install a submarine telephone cable, and it was referred to the Engineer's office for checking. REPORT FROM CITY ENGINEER LILL stated it does not concern the City of National City. Moved by Hart, seconded by Allen, the notice be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Ordinance No. 956, calling special election of Sweetwater Annexation Unit No. 1; Affidavit of Publication of Notice of Award of Contract for Harding Avenue; Affidavit of Posting Notice of Award of Contract on Harding Avenue; Affidavit of Posting Notice of Award on Rachael Avenue; Affidavit of Posting Notice Inviting Sealed Proposals on Harding Avenue; Affidavit of Publication of Hearing on "C" Avenue between 15th and 16th Streets; and Affidavit of Publication of Hearing on "A" Avenue between 24th and 26th Streets. Moved by Allen, seconded by Hart, the Affidavits be filed. Carried, all the Council preaeit voting aye. CITY CLERK ALSTON stated she received a notice from the San Diego County Water Authority of a meeting of the Water Problems Committee held September 30th. CITY ENGINEER LILL reported a petition has been received for the improvement of 27th Street from National Avenue to "D" Avenue; "0" Avenue from 27th Street southerly to termination. The petition was signed by persons interested in 79% of the frontage of the private property proposed to be assessed for the improvement. The City of National City owns 50% of the frontage on 27th Street. It was recommended the petitioned improvements be authorized. Sidewalks were requested by only a few of the property owners, and it was the recommendation of the City Engineer that no sidewalks be installed 10/6/59 114 as part of the improvement. Moved by Alien, seconded by Fessman, the recommendation of the City Engineer be approved, and referred to the Attorney. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER ON SAME BEER BEVERAGE LICENSE by Lewis Cecil Brodie, known as 711 Club, 713 National Avenue, was presented. REPORT FROM CHIEF OF POLICE SMITH was read, stating the new owner appeared in his office to discuss the transfer. It is believed a change in ownership of this establishment may alleviate some of the problems and complaints that have been made concerning the motor- cycle riders in the area. Upon the completion of the transfer, Mr. Brodie and several members of the motorcycle clubs will meet at the Police Department to discuss previous complaints in an effort to clarify the situation. In view of these circumstances, it is be- lieved there is no legal grounds for protest of this transfer. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he received a drainage easement at the end of Valle Vista, and recommended it be accepted and the City Attorney prepare the necessary document. Moved by Hart, seconded by U.1en, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated we requested Assemblyman Hegland to do what he could to get a new law passed to get a little local control to the beer and wine situation. Moved by Fessman, seconded by Allen, the City Attorney check on this and report to the Council if there has been a new law passed and what we can do to protect outselves. Carried, all the Council present voting aye. REPORT OF HEARING OFFICERS CITY MANAGER BIRD AND CITY ENGINEER Liu, ON ENGINEER'S REPORT for the Improvement of 10th Street from Roose- velt Avenue to Coolidge Avenue, was read, stating no written pro- tests were on file, and no written protests were received. It was recommended the project proceed under the 1911 Improvement Act Pro- cedures. Moved by Allen, seconded by Fessman, the recommendation of the City Engineer and City Manager be approved. Carried, all the Council present voting aye. HEALING OF ASSESSMENT ON "C" AVENUE BETWEEN 15th and 16th STREETS for 1911 Act Improvement was held at this time. No written protests were received, and no one was present in regard to the improvement. Moved by Fessman, seconded by Allen, the hearing be closed and the procedure be carried forward. Carried, all the Council present voting aye. 10/6/59 115 HEARING ON ASSESSMENT ON "A" AVENUE BETWEEN 24th and 26th STREETS for 1911 Act Improvement was held at this time. PROTEST PROM R. B. KEMP was read, stating the assessment is too high for the class of work done; also he has no access to his property or garage, forcing him to park on the City street 24 hours a day. He requested some relief from the existing circumstances. CITY MANAGER BIRD stated "A" Avenue project was put in according to specifications and plans, however it did leave a condition as pointed out by Mr. Kemp in his protest. This condition involves a three foot embankment which blocks access to his garage. As far as protesting the job is con- cerned, that should not be considered; however, Mr. Bird said he believed Council should authorize the City to make available access to the garage. No one was present in regard to the hearing on the assessment. Moved by Fessman, seconded by Allen, the hearing be closed and that the one written protest be overruled, and the next step in the 1911 Act Procedure be carried forward. Carried, all the Council present voting aye, Moved by Fessman, seconded by Hart, the conditions as mentioned in the protest of Mr. Kemp be referred to the City Manager for action, and the City Manager be authorized to take care of the problem so Mr. Kemp will be satisfied. Carried, all the Council present voting aye. COMMUNICATION FROM CHIEF BUILDING INSPECTOR BIGGS was read, stating the Building Code Board of Appeals member representing the electri- cal trade,John Wesley, has been employed by this department as a Deputy Building Inspector, which caused a vacancy on the Board of Appeals. It was recommended Merle Cowardin, a California licensed electrical contractor, 2524 East 18th Street, be appointed to fill this vacancy. Mr. Cowardin has been contacted and has expressed his desire to serve the City in this capacity. Moved by Fessman, se- conded by Allen, the matter of the appointment to the Board of Appeals be laid over until Mayor Hodge is here to take care of it. VICE MAYOR HOLLINGSWORTH stated she did not see why it could not be taken care of, it is a recommendation by one of our Department Heads. CITY MANAGER BIRD stated the communication recommended Mr. Cowardin be appointed to fill this vacancy. Moved by Allen, seconded by Hart, we accept the recommendation of the City Manager. Carried, all the Council present voting aye. L.EPORT FROM SUPT. PARKS & RECREATION GAUTEREAUX regarding the swim- ming pool, was read. For the total fifteen day period, we show gross receipts of $521.45 as against a cost of $1,721.91. REPORT FROM MR. GAUTEREAUX was read, stating it was agreed by Mr. Rindone, Supt. Sweetwater Union High School District, and himself that the School 10/6/59 116 and the City of National, City Would proceed with a plan for school use of the pool and one personnel at the rate of $5.00 per hour, pending the outcome of the School Board meeting with no other ob1i4 gations being placed upon either party other than the $5.00 per hour. CITY MANAGER BIRD stated the report shows a financial loss, and in spite of the citizens participation which was evidenced before the Council which leads to these exhaustive studies, the patronage has not come up to the expectation. This tentative agree- ment with the School Board is now in effect and we hope to continue it in effect until November 20th. Moved by Hart, seconded by Allen, we accept the recommendation of Mr. Bird and Mr. Gautereaux, leave the pool open until November 20th and give them a trial run. Car- ried, by the following vote to -wit: Ayes: Allen, H :rt, Hollings- worth. Nays: Reesman, Absent: Hodge. REPORT FROM CITY ENGINEER LILL was read, stating confirmation is requested of the future width of 10th Street West of Highland Avenue to be a 64 foot curb to curb on the existing right of way of 80 feet in width. The widening proposed at this time is the South side of 10th Street from Highland Avenue westerly to, and including the Montgomery Ward installation, and will aid in reducing the traffic problem in this area. CITY MANAGER BIRD recommended the Council consider determining a proposed 64 foot travel width on 10th Street, and when and if that is determined that the City Council authorize the Manager's office and the Engineer's office to proceed with ex- ploration of the cost, timing, etc, of widening that immediate section. Moved by Alien, seconded by Hart, that the section of the City Manager's recommendation be approved, that we are determining that it should be a 64 foot travel way. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the second part of the City Manager's recommendation be approved. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated he believed 19th Street from McKinley West to Tidelands and beyond is now a 40 foot street. CITY MANAGER BIRD stated at the present time it is. At the time of the installation of the drug company and the kindred buildings, we established 19th S reet as a 64 foot potential travelway. COUNCILMAN ALT,FN stated there is a building being constructed on the South side of 19th S:;ieet and Cleveland Avenue, and he thought they were pouring con- crete today and will be putting in sidewalks and curbs, a driveway, and he thought the curbs should be set back to the 64 foot line rather than the 40 foot as the others are further West. Moved by Fessman, seconded by Allen, the City Engineer check the curb line and 10/6/59 117 say where the curb should be installed. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY POLICE RELIEF ASSOCIATION was read, requesting they be allowed to use the stage and chairs for the annual ball October 10, 1959, at the National Guard Armory. Moved by Allen, seconded by Hart, the request be granted. Carried, all the Council present voting aye. PETITION from property owners was presented requesting the Council to initiate proceedings to widen Highland Avenue from 18th Street to 30th Street to four traffic lanes. REPORT FROM CITY ENGINEER LILL was read, stating the petition is signed by persons interested in 50.3% of the frontage on the proposed improvement that is pri- vately owned. Sweetwater High School District owns 17% of the total frontage and the City owns 6% of the total frontage. It was recom- mended the project be authorized. Moved by Fessman, seconded by Hollingsworth, the matter be laid over until next week. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hart, Hollings- worth. Nays: None. Absent: Hodge. REPORT FROM CITY ENGINEER LILL was read, stating the improvements within Anita Terrace Subdivision have been installed in accordance with the plans and specifications and recommended they be accepted by the City. CITY MANAGER BIRD recommended the Subdivision be ac- cepted, and the City Attorney be authorized to prepare the resolution of acceptance. Moved by Allen, seconded by Fessman, the recommen- dation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a signed copy from the Sweetwater Union High School District in regard to joint participation for the forthcoming fiscal, period in regard to our joint recreation program with the High School District and the Recreation Department; and recommended it be received and placed on file with the City Clerk. Moved by Fessman, seconded by Allen, the City Manager's reoommenda- tion be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had a corrected easement from Frank P. and Mary G. Ehbrecht and recommended it be referred to the City At- torney to prepare a resolution of acceptance. Moved by Allen, se- conded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated sometime ago he made application through his office to the Department of Finance of the State of California 10/6/59 118 requesting, under the new law of the State, applicable to our situation whereby we could get a special census. We have performed practically all of the necessary things which was called upon us to do by the State of California. The cost of this survey is approxi- mately $400.00. It was the City Manager's recommendation the City Attorney be authorized to prepare the necessary contracts and agree- ments with the State of California. Moved by Hart, seconded by Fess- man, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM GENERAL SERVICES OF U. S. GOVERNMENT was read, in regard to Bahia Vista Tract. This letter was in reply to the City's communication of November 5, 1958 in which was enclosed copies of Resolution No. 7230 and the proposed easement from the Oity of National City. They have negotiated the services of an auctioneer to conduct a public auction on this and two other properties located in the City of National City. The date of auction has been tenta- tively set for December 16, 1959. It is believed necessary to secure a grant of easement from National Avenue Westerly over 29th utreet to the government owned land. They forwarded an original and six copies of a grant of easement and requested the original be executed by the proper officials of the City and return to them. CITY MANAGER BIRD stated quite sometime ago we gave to the United States Govern- ment a revokable permit which at that time was acceptable to them. They are now requesting of the City the very same thing which the City refused to give them in the beginning. It was recommended this be referred to the City Attorney for review of the document and a report be made back to the Council by the City Manager and the City Attorney. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM MAX B. RUFFCORN, JR., Attorney at Law, addressed to the Harbor Commission, was read, stating he represents Albert Heflin in the matter of that certain lease by and between the City of National City, and National Plating and Processing Company of Texas, dated April 1, 1958. Mr. Heflin desires to sublet a portion of the real property under the hereinabove referred to lease to a firm known and identified as Marine Transport, Inc. The property involved is a portion of Lot 2B, as disclosed in tentative Tidelands parcelling map, dated February 16, 1956, and identified as drawing 259-L. He requested a hearing on this matter at the earliest conven- ience of the Commission. COUNCILMAN FESSMaN, Chairman of the Harbor Commission, requested Mr. Bird to set a meeting with Mr. Ruffcorn 10/6/59 119 for either Thursday or Friday, October 15th or 16th, at 3130 P.M., whichever is convenient to him, and notify the Harbor Commission of the date convenient for Mr. Ruffcorn. REPORT FROM CITY ENGINEER LILL was read, regarding Dike Construction, National City Tidelands, and recommended the work be accepted by the City and a Notice of Completion be filed by the City Clerk. kayment should be made to Bank of America, E1 Centro, Assignee of J. L. McLevany, Contractor. CITY MANAGER BIRD recommended the City Attor- ney be authorized to prepare a resolution accepting the Dike Con- struction Project, and the City Clerk be authorized to make the necessary payment of $5,789.70 to the Bank of America of El Centro. Moved by Fessman, seconded by Allen, the City Manager's recommenda- tion be approved. Carried, all the Council present voting sye. CITY MANAGER BIRD stated in regard to the matter of Spee-D Lunch which was referred to his office to ascertain whether or not Spee-D Lunch was doing business in the City of National City as required by City Ordinance, he wished to report they are operating in the City as a legal entity and in proof thereof he presented a Certificate of Partnership Fictitious Name, setting forth their location and opera- tion. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in the matter of the Haas -Norman application before the Planning Commission which was acted upon by the Council on September lst, wherein Mr. Norman agreed to comply with the im- provements was referred to the City Attorney for the question of legality. The City Attorney's office has informed the City Manager they have prepared the contract and all that remains are signatures by the interested parties, and upon the signing Mr. Bird is holding two deeds notarized which are for that portion of Ylaza Blvd. CITY MANAGER BIRD stated there are a number of things which are immed- iately necessary and must be considered by the Council. Number one is the matter of calling for bids on the pistol range on December 1st of this year; secondly we need to determine how we are going to em- ploy an architect or an architectural firm for two projects, one in the planning stage and the other in the immediate stage. One in the immediate stage is the recreation and community building which is authorized as part of the plan for E1 Toyon lark. We should hire an architectural firm to design the building so we can call for bids by the first of January or February 1960. The other which is in the planning stage is the new city hall and community building. It was 10 /6/5 9 120 the City Manager's recommendation that a committee of the Council be formed for the purpose of soliciting and interviewing architectural firms so we may come up with the wants of the City, and also we will know the price tag so the public will know what we are going to have to pay for. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved, and the committee for interviewing architectural firms be the Finance Committee. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA WATER & TnEPHONE COMPANY was read, stating they have a proposed agreement with Mr. Befort under consid- eration for the installation of a water main in the 21C0 block of Orange Street that has been delayed pending the dedication of the easterly half of the street by the National School District and es- tablishing the grade. Mr. Colvin hae informed them the deed for this street is ready for delivery to the City. There remains only the determining of an official grade so they may enter into the agreement to install the water main in its proper position, an official grade is requested on Orange Street south of 20th Street in order they may complete the agreement and install the water main. CITY MANAGER BIRD recommended the City Engineer's office be author- ized to establish the grade upon receipt of the deed from the National School District. CITY PLANNER STOCKMAN stated the matter of the deed will come under her report later in the meeting. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a request the grade be set on "M" Avenue, signed by the successful applicants for the zone variance, the Knight -Murray property. They propose to grade this property to take advantage of the action of the Planning Commission on their zone change and would like to know the ultimate grade on "M" Avenue. There is a problem establishing the grade on "M" Avenue because of the drainage situation. The City Engineer's schedule is fairly tight, and if the Council so agrees, it will just have to work in as we can get to it. COUNCILMAN ALLEN asked if the same grade that is set on "M" Avenue will have to be set on 16th Street under the 1911 Act. CITY ENGINEER LILL stated the grade on 16th Street is pretty well known in that area, it has to be raised from what it is, "M" Avenue north becomes a hopeless proposition until the drainage is taken care of. COUNCILMAN ALLEN asked if the City Engineer would recommend that we postpone this particular matter and so notify the writer of the letter that until we can settle the drainage problem we will not be able to set the grade. CITY ENGINEER LILL stated it 10/6/59 121 is all that can be done. Moved by Allen, seconded by Fessman, we accept the recommendation of the City Engineer. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a letter from the San Diego Gas & Electric Company asking for an easement showing thereon in red the proposed power lines to serve National Award Homes Subdivision, which is an easement along Fourth Street, and recommended it be re- ferred to the City Attorney. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated there are two easements pending at the pre- sent time which were requested by the Gas & Electric Company invol- ving the area of National Award Homes Subdivision; and in his opin- ion those easements are not necessary if the City will dedicate Clairmont Avenue for 30 feet abutting a portion of City property, and if the Council so desires we will request authorization of the City Engineer to prepare the 30 foot easement. Moved by Allen, se- conded by Pessman, the recommendation of the City Manager be ap- proved, that the City Engineer be instructed to draw the deed that will eliminate the easements on that portion of the property for the company servicing the Macco homes. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, stating an Amended Tentative Subdivision Map for the National Award Homes Project was presented indicating an 18 foot rear yard setback on all 90 foot lots West of Euclid Avenue in place of the formerly approved 20 foot rear yard setback, and recommended approval of the map with the 18 foot rear yard setback. Moved by Alien, seconded by Hart, the recommen- dation of the Planning Commission be approved. Carried, all. the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, stating the Final Sub- division Map of National Award Homes Project Unit No. 2 was presented indicating the amended rear yard setback of 18 feet on all 90 foot lots West of Euclid Avenue, and recommended acceptance of the Final Subdivision Map. Moved by Alien, seconded by Hart, the recommenda- tion of the Planning Commission be approved. Carried, by the follow- ing vote to -wit: Ayes: Allen Hart, Hollingsworth. Nays: Fessman. Absent: Hodge. REPORT FROM THE PLANNING COMMISSION was read relative to request re- ceived from Charles M. Davis for the closing of 23rd Street between Hoover and Wilson; Harding from 22nd to 24th Street; Coolidge from 10/6/59 122 22nd to 24th Street; all alleys in the area between Hoover and Wil- son Avenues between 22nd and 24th Streets. The Commission recom- mended the granting of the request for the closing of the following streets: 23rd Street between Hoover Avenue and Wilson Avenue; Hard- ing Avenue between 22nd Street and 24th Street; Coolidge Avenue be- tween 22nd Street and 24th Street; all alleys located in Blocks 151, 152, 106, 195, 87 and 88 of the City Plat; area located between Hoover Avenue and Wilson Avenue, between 22nd Street and 24th Street. Said street and alley closings to be subject to the following re- strictions: Rededication of the Easterly 40 feet of Wilson Avenue between 22nd Street and 24th Street. Easements for the maintenance of existing sewers in said area; dedication of the drainage channel as concurred in by the City Engineer and the Engineer of the develo- per. Grant deed attached for the Easterly 40 feet of Wilson Avenue between 22nd and 24th Streets and right of way for proposed drainage. Temporary easements also attached for construction of same. It was recommended by the Commission the deed and easement be accepted and a 12 foot sewer easement be retained by the City in Coolidge Avenue from 22nd to 24th Street, in Harding from 22nd to 23rd Street, and in 23rd Street from Coolidge Avenue to Wilson Avenue. With the ac- ceptance of the deeds and easement it was recommended the Council proceed with the request for the closing as recommended by the Commission. CITY PLANITER STOCKMAN stated after signing her report she received a notice from the City Engineer which stated after talk- ing with the City Attorney he considers the street and alley closings should be East of alley in Blocks 151 and 152 due to drainage ease- ments required, therefore the following should be considered; the closing of 23rd Street between the alley West of Wilson Avenue and Hoover Avenue, and the alley in Blocks 151 and 152 would not be closed at this time. Moved by Allen, seconded by Hart, we approve the recommendations of the Planning Commission inaugurating the City Engineer's recommendations on the map. MR. MOHR was present and stated the proposed closings would be satisfactory at this time, and at a later date they could request the rest of the alleys be closed. Carried, all the Council present voting aye. CITY CLERK ALSTON in- formed Mr. Mohr it would be necessary for him to deposit $50.00 with the Oity Treasurer for the cost of closing the streets and alleys. MR. MOHR stated it would be taken care of. CITY PLANNER STOCKMAN stated it has been called to her attention at the present time we have a 100 foot easement for the drainage in that area and wondered if the Council would like to refer this to the City Engineer for a report at the next meeting. Moved by Allen, seconded by Hart, this be referred to the City Engineer. Carried, all the Council present voting aye. 10/6/59 123 REPORT FROM THE PLANNING COMMISSION was read recommending acceptance of the grant deed received from Harold R. and Marie Nichols for a portion of the Southerly 30 feet of Fig Court and the Northerly 20 feet of a portion of Division Street. Also grant deed and slope easement received from the National School District for the East half of Orange Street from 21st Street to 24th Street, which the Commission recommended the acceptance. Moved by Allen, seconded by Hart, the recommendation of the Planning Commission be approved and referred to the Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 663 signed by Harrison H. Freeman re- lative to the property located on the Northeast corner of 14th Street and "N" Avenue. Grant deed received signed by Harrison H. and Anna G. Freeman for a dedication of the Easterly half 30 feet in width of "N" Avenue 30 feet North of 14th Street, and the Com- mission recommended the dsed be accepted and the variance granted as follows: 1. Front yard setback from 20 feet to 10 feet. 2. Exterior side yard setback from 20 feet to 7 feet. 3. Rear yard setback from 25 feet to 18 feet. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved and re- ferred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 664 signed by D. L. Murray relative to the property located at 1512 "D" Avenue. Petitioner is request- ing permission to allow tenant, Mrs. Ensign, to give accordion_ les- sons, and the Commission recommended the variance be granted. Moved by Hart, seconded by Allen, the recommendation of the Planning Com- mission be approved and referred to the City Attorney. Carried, all the Council present voting aye. REPORT PROM THE PLANNING COMMISSION was read relative to Application for Conditional Exception No. 660 signed by George Morgan, Jr. re- lative to the property located at 1611 E. 7th Street. COUNCILMAN ALIEN stated he asked the City Planner if Mr. Morgan had signed an agreement in regard to the fact he is aware and would follow the re- strictions, and Mrs. Stockman said he has not. MR. MORGAN was pre- sent and stated he will go along with the conditions imposed. Moved by Hart, seconded by Allen, the Planning Commission's recommendation be approved and referred to the Attorney. Carried, by the following vote to -wits Ayes: Allen, Hart, Hollingsworth. Nays: Fessman. Absents Hodge. 10/6/59 124 CITY MANAGER BIRD stated sometime age the Council authorized the City Attorney to change the Subdivision Ordinance in regard to monuments, etc., and he would like to recommend for the Council's consideration the City Attorney be authorized to change that section of the ordi- nance at the same time, which requires a $10.00 fee for the filing of the tentative map for checking be raised to $75.00. Moved by Fess- man, seconded by Allen, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated it is necessary to have a Finance Committee meeting. VICE MAYOR HOLLINGSWORTH, Chairman of the Finance Committee, asked the Committee to meet at 2:30 P.M. prior to the meeting of the Harbor Committee scheduled for either October 15th or 16th. Moved by Hart, seconded by Allen, the meeting be closed. VICE MAYOR HOLLINGSWORTH stated there are some resolutions to be presented. Councilman Hart, with the approval of Councilman Allen, withdrew their motion, RESOLUTION NO. 7605 was read "RESOLUTION CONFIRMING ASSESSMENT ( A Avenue Between 24th Street & 26th Street)." Moved by Fessman, se- conded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. COUNCILMAN ALLEN EXCUSED. RESOLUTION NO. 7606 was read, accepting the work provided to be done by J. L. McElvaney, Contractor, for Dike Construction and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said Contract and assignment thereof. Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Hollings- worth. Nays: None. Absent: Allen, Hodge. COUNCILMAN ALLEN PRESENT. RESOLUTION NO. 7607 was read, finding and determining that all work required to be performed by Lloyd L. Lee, Inc. for the installation of Improvements in the Anita Terrace Subdivision has been performed pursuant to, and as required by, that certain contract by and between City of National City and said Lloyd L. Lei, Inc; it is therefore ordered that said work of improvements be approved and that the same is hereby accepted by the City of National City. Moved by Hart, se- conded by Fessman, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Mays: None. Absent: Hodge. 10/6/59 125 RESOLUTION NO. 7608 was read, approving that certain Agreement be- tween City of National City and Department of Finance dated October 6, 1959, is hereby approved and accepted, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth. Nays: None. Absent: Hodge. RESOLUTION NO. 7609 was read, "RESOLUTION CONFIRMING ASSESSMENT ("Cu Avenue Between 15th Street and 16th Street)." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. Moved by Allen, seconded by Hart, the City Manager check into the matter of the Flags in the Council Chambers, as to obtaining some new ones and perhaps larger ones. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:38 P.M. ATTEST: 1 CITY CLERK 1C/6/59