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HomeMy WebLinkAbout1959 04-28 CC MIN376 National City, California, April 28, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Holgate- Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Erny. Moved by Allen, seconded by Hart, the minutes of the regular meet- ing of April 21, 1959, be approved. Carried, all the Council pre- sent voting aye, with the exception of Councilman Fessman who abstained from voting. ATTORNEY CURRAN stated Glens Falls Insurance Company has issued its Contract Bond No. 767119 in the sum of $145,797.00, which is for the improvements and construction of curbs, etc. in Williams Manor No. 6 Subdivision. RESOLUTION NO. 7479 was read, accepting the final map of Williams Manor No. 6 Subdivision. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7480 was read, granting a special zone variance per- mit to Edith I. Williams for the purpose of constructing a second single family residence on a lot having only 8300 square feet rather than the required 10,000 square feet, also to permit a rear yard setback of 20 feet in lieu of the required 25 feet. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Pessman. RESOLUTION NO. 7481 was read, requesting the Board of Supervisors of San Diego County to make its order that the San Diego County Auditor cancel taxes for the fiscal year 1958-1959 on property pur- chased by the City from Ruble R. and Ruthanna Beauchamp and James Milligan. Moved by Hart, seconded by Alien, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7482 was read, "RESOLUTION APPROVING AMENDMENT OF AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES." Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. 4/28/59 377 ORDINANCE NO. , "REZONING CERTAIN PROPERTY ON SOUTH 43rd STREET," was presented for the second and final reading. Moved by Hollingsworth, seconded by Allen, the reading of the Ordinance be waived and it be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 944, "REZONING CERTAIN PROPERTY ON SOUTH 43rd Street." Moved by Allen, seconded by Hollingsworth, the Ordinance be adopted. Carried, all the Council present voting aye. ORDINANCE NO. "AN ORDINANCE AMENDING ORDINANCE NO. 943 OP NATIONAL CITY PERTAINING TO PREPARED FOOD VENDING VEHICLES," was presented for the second and final reading, and read in full. Moved by Hart, seconded by Allen, the Ordinance be adopted. Motion lost, by the following vote to -wit: Ayes; Allen, Hart, Nays: Fessman, Hollingsworth, Hodge. ATTORNEY CURRAN reported he received a copy f,f Decision No. 58307 of the Public Utilities Commission of the State of California in the matter of the application of Aztec Bus Lines to operate bus service between San Diego and Brown field. This is an order of dis- missal of the application upon the request of the applicant; it is dismissed without prejudice, so any time the Aztec Bus Lines can make a new application. ATTORNEY CURRAN stated the minutes of the Small Craft Harbors Com- mission meeting held in San Diego on March 16th have been examined and he wished to call attention to the fact the Commission passed a resolution with reference to the International Outfall sewer al- though the sewer does not at the present directly affect National City, National City is inevitably affected by anything having to do with disposal of sewage in and around the San Diego Bay area; it is therefore worthy attention be directed to this resolution, and recommended the minutes be filed. Moved by Hart, seconded by Fess- man, the minutes of the Small Craft Harbors Commission be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Office of the County Counsel has re- quested National City and County of San Diego make a simple formal agreement setting forth the rates at which the services rendered by the County for laboratory work in connection with the National City pre -employment physical examination be specified. It is the recommendation of the City Attorney a resolution approving and adopting such a contract be authorized. Moved by Fessman, seconded by Hart, the City Attorney's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Allen, Hollingsworth. 4/28/59 378 ATTORNEY CURRAN stated he received a communication from the League of California Cities enclosing a memorandum and a draft of an amendment to AB 405 which had been approved by Bar Revision Com- mittee. This revision is a much better law than when it started and it is indicative of the work which can be accomplished by co- operation of the various public agencies with the members of the Legislature and with committees of the State Bar. CITY ATTORNEY CURRAN stated with reference to legislation is AB 2025 which has been introduced. This Bill would save the City and any other public agency considerable expense in publication costs. It is good legislation and the Council should be apprized of, the fact it is in the legislative hopper and it is incumbent upon us to advise the author of the'Bill and our own Legislatures the Bill is good legislation and should be enacted at this session of the Legislature. It was the City Attor1ey's recommendation the Council take the necessary steps to advise the author and its own legisla- tive representative to do everything they can to see this Bill is enacted into law. Moved by Dart, seconded by Fessman, the recom- mendation of the City attorney be approved. Carried, all the Council present voting aye. COUNCILMAN AT,T,1'N stated about a year ago there was a motion made to elect,a new Mayor, which failed, however the motion made to elect a Mayor stated definitely for a period of twelve months. Moved by Allen, seconded by Hart, Vice Mayor Hollingsworth be elected Mayor. VICE MAYOR HOLLINGSWORTH declined and stated she did not think there should be any changes made at this time. COUNCILMAN FESSMAN stated he was in accord with Mrs. Hollingsworth's thinking that Mayor Hodge should be retained as Mayor. MAYOR HODGE stated as Chairman of this Board he would open the meeting to nominations. COUNCILMAN ALL+EN.stated his motion was seconded. MAYOR HODGE stated the candidate does not choose to run, does not choose to have it voted upon. ATTORNEY OVIRRAN stated it is not technically a motion, it is a nomination, and if that is the Case the nomination would, by implication, have to have the consent of the nominee. It has always been a question in this type of proceeding as to whether or not a motion was necessary in order to conduct the election, but any event it appears clear the party who declined cannot be forced to accept the office. Moved by Fessman, seconded by Hollings- worth, no oharigee be made in the Mayor's job. Carried, by the fol- lowing vote to -Wits Ayes: Fessman, Hollingsworth, Hodge. Nays: ..liens Hart. 4/28/59 379 COUNCILMAN ALLEN stated he thought Ordinance No. 827 should be amended so persons parking their cam must do so within the spaces that are painted, and not extend over the painted areas. Moved by Allen, seconded by Fessman, Ordinance No 827, Section 69, be amended to read that it is not legal to park over a marked space, they must park within the marked area. Carried, by the. following vote to -wits Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT OF CITY ENGINEER AND CITY MANAGER for the Improvement of Highland Avenue from 4th Street to 8th Street, was read. One verbal and one written protest was received. It was recommended the protest received by overruled and the project proceed under the 1911 Act Improvement procedure. Moved by Fessman, seconded by Hollingsworth, the recommendation of the Hearing Officers be ap- proved. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge, Nays: Allen, Hart. CITY CLERK ALSTON stated the following bids were opened April 27th for the 1911 Act Improvement of "A" Avenue from 24th Street to 26th Street: R. E. HAZARD CONTRACTING COMPANY, $12,239.57; GRIFFITH COMPANY, $11,777.64; KENNETH H. GOLDEN COMPANY, $12,502.85; V. R. DENNIS CONSTRUCTION COMPANY, ;12,400.94; DAI,EY CORPORATION, $12,415.76. CITY CLERK ALSTON reported the following bids were opened April 27th for a dump truck; STANLEY DODGE, $11,320.30; CITY MOTORS, $12,154.11; CROFTON TRUCK & TRACTOR COMPANY, $11,070.80; for GMC W 554; and $11,206.00 for GMC MW 554, COMMUNICATION FROM SCOTTY'S KIDDY RIDES was read requesting per- mission to put his playland in one of the City's recreation areas, on a long term lease. COUNCILWOMAN HOLLINGSWORTH said she thought the Council needed a little more information, and requested the City Manager find out if the City of San Diego and other cities permit this type of operation within their city parks. FRANK S. HOBBS, owner of Scotty's Kiddy Rides, was present, and stated Balboa Park in San Diego has children's rides, San Bernardino has a -.acre playland in their city park; and Los Angeles has a number `of-si.eh operations in their city parks. Mr. Hobbs stated he would Like to stay in National City, and he understands the City owns some property on 18th Street and Roosevelt which would be an ideal location for his type of operation. MAYOR HODGE suggested Mr. Hobbs contact the City Manager in this regard. 4/28/59 380 COMMUNICATION FROM JACK BAILED' was read requesting a refund of $30.00 paid on March 6, 1959 for Building Permit No. 7672 as he finds it inadvisable to cosmence constructitin until a later date. REPORT FROM BUILDING INSPEOTOR BIGGS was read, stating singe no work has been started it is recommended the request be granted and a refund in the amount of $30.00 be made to Mr Bailey. Moved by Allen, seconded by Hart; the recommendation of the Building In- speetor•be approved. COUNCILWOMAN HOLLINGSWORTH asked the City Manager if the Building Department has worked on examining the plans, or is it proper to refund the total amount. CITY MANAGER BIRD stated this application has been processed through the Build- ing Department] Planning Department and also through the Treasur- er's Department; there has been a considerable amount of time ex- pended by the three offices involved. COUNCILWOMAN HOLLINGSWORTH stated she thought there should be some policy established; when the City employees have expended time she did hot believe the man is entitled to the full amount of the refund: COUNCILMAN HART withdrew his second to the motion. COUNCILMAN ALLEN stated there should be a change in the ordinance, or an amendment to take care of this expense, the City should be paid for the services rendered, but under the circumstances and the present recommendation of the Building Inspector he wishes to hold his motion and go along with his recommendation. COUNCILMAN ALLEN withdrew his motion. Moved by Fessman, seconded by Hart, the matter be referred back to the Building Inspector, and to the City Manager and City Attorney to verify whether or not it is possible, under our existing ordinance, to charge for the services in oases such as this. Carried, all the Council present voting aye. REQUEST FOR REFUND ON SEWER PERMIT FEE BY LEVELON BUILDERS, INC., vras read. They are requesting a refund of $245.00 for permit issued in the name of Robert L. Eleazer, which was a duplicate permit. REPORT FROM BUILDING INSPECTOR BIGGS was read and re- commended the request be granted and a refund of $245.00 be made to Levelon Builders, Inc. Moved by Hart, seconded by Allen., the request be granted. Carried, by the following vote to -wit: Ayes.: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. XMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY was read, stating funds have been deposited for the necessary installation of water facilities for Williams Manor No. 6 Subdivision. Moved by Hollingsworth, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. 4/28/59 381 CITY CLERK ALSTON presented a policy of title insurance for property the City purchased from John H. Fuson for drainage, and ,recommended it be referred to the City Attorney for approval. Moved by Allen, seconded by Hart, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. COMMUNICATION FROM ASSEMBLYMAN SCHRADE was read regarding AB-1351, 2181 and 602; stating he appreciates having the Council's recom- mendations on these matters and will keep a close watch for the bills when they come up for final vote. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by National City Cafe, 816 National Avenue, was presented, and report from Police Department stated investigation fails to reveal any grounds for protest of the transfer of ownership. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present *citing aye. APPLICATION FOR RENEWAL OF OFF SALE BEER & WINE BEVERAGE LICENSE by Handy Pantry #13 1649 St Euclid Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated investigation fails to reveal any grounds for protest. Moved by Hart, seconded by Allen, the appli- cation be filed. Carried, all the Council present voting aye. APPLICATION FOR ON SALE GENERAL BEVERAGE LICENSE by Westerner, 22 W. 7th Street, was presented. REPORT FROM POLICE DEPARTMENT stated investigation discloses no grounds for protest of the ap- plication. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice to Bidders for Improvement of "A" Avenue from 24th Street to 26th Street. Moved by Allen, seconded by Hart, the Affidavit be filed. Carried, all the Council present voting aye. COMMUNICATION FROM DONALD E. SMITH, 1441 "J" Avenue, was read, re- questing the City make available for purchase Lot 13, Block 172, located at the Northwest corner of 21st Street and Wilson Avenue. Moved by Hollingsworth, seconded by Hart, this be referred to the City Manager to see if it is land that is being kept by the City for some future use. Carried, all the Council present voting aye. OL4RK ALSTON presented the 1958 annual:- report of the Feather er Project Association, which will be on file in her office., ed by Hblljgsworth,_seoonded by Hart, the report be filed. Carried, all the Council present voting aye. 4/28/59 382 TWELFTH ANNUAL REPORT OF SAN DIEGO COUNTY WATER AUTHORITY was presented, and City Clerk Alston stated it will be on file in her office. Moved by Hollingsworth, seconded by Allen, the report be filed. Carried, all the Council present voting aye, CITY ENGINEER LILT, recommended the contract for the 1911 Act Improvement of "A" Avenue from 24th Street to 26th Street,be awarded to the Griffith Company, as low bidder. Moved by Hart, seconded by Fessman, the recommendation of the City Engineer be approved. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD stated he received two communications from the Engineering Department of the City of San Diego with reference to the Highland Park ;states outfall sewer. The City of San Diego has acquired easements for this sewer coming through portions of National City, which they are required to do, however, these ease- ments, must of necessity, be accepted by the City of National City because they are drawn to the City of National City. CITY MANAGER BIRD recommended the easements bexeferred to the City Attorney to prepare the resolution of acceptance. Moved by Hart, seconded by Alen, the City Manager's recommendation be approved. Carried, al.. the Council present voting aye. APPLICATION TO MOVE A BUILDING by M. C. Satter, was presented. The building is located at 1625 "L" Avenue and is to be moved to the rear of the same lot, for use as a dwelling. CITY MANAGER BIRD stated Mr. Satter has paid the $100.00 fee as established by Council as of October, 1958, Mr. Satter protested the necessary requisition of $100.00 fee to accompany the application, and he raised the question of interpretation as to the intent of the ordi- nnee, whether it was to provide the $100.00 fee for the moving of a building within the City to another location within the City, and whether or not it meant on the same parcel of ground. REPORT FROM BUILDING INSPECTOR BIGGS was read, recommending the request be granted, subject to certain conditions, enumerated in the re- port. REPORT FROM THE PLANNING DEPARTMENT, was read stating the applicant's property meets requirements. COUNCILMAN £ LEN stated 1- is of the opinion the ordinance should be amended regarding the f e of $100.00; that he did not believe it was the intent of the Council to require this fee for moving a building from one location to another on the same lot. Moved by Hart, seconded by Allen, the "equest be granted to move the building, in accordance with the recommendation of the Building Inspector. Carried, all the Council_ present voting aye. Moved by Fessman, seconded by Hart, the 4/28/59 383 question of the $100.00 fee for moving a buildingfrom one loca- tion to another on the. same piece of property be referred to the Finance Committee, Carried, all the Council present voting aye. CITY MANAGER BIRD recommended he be authorized.to employ a General Deputy Building Inspector i. the Building Department, Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD reported we are within $180,000.00 of getting our returns in sewer connections of the $720,000.00 which we in- vested in 1948. CITY MANAGER BIRD stated with reference to the request of Mr. Dembo and Edward Schwartz, Attorney for Mr. Dembo, and their pro- posal was to build a drain culvert, grade the street and fill it with granite surface, and plant trees; the trees to be planted along the 250 feet along the center line of "A" Avenue. They were to extend the culvert or bridge to the center line of the street and they propose to grade the west portion of "A" Avenue only. They also proposed a ten year lease at a nominal fee. Mr. Bird said he informed Mr. Dembo and Mr. Schwartz that the question of leasing of a dedicated street for private purpose he Would under no circumstances recommend to the City Council, as he did not feel it was legal. The question of planting trees along the center line, which would be the center line of "A" Avenue, Mr. Bird said he was not in accord with, and could not recommend we set up further ob- structions in a dedicated street wherein the City would incur lia- bility. The matter of extending the culvert or bridge to the cen- ter line was a question of engineering; their proposal to increase the culvert, extend it at the same size it is, Mr. Bird said he could not accept for the reason it is inadequate at the present time; further he would not recommend to the Council any such a thing as grading one half of the street. Subsequent to their meet- ing, the City Manager said he received a petition for 1911 Act Im- provement, or by contract, for the improvement of "A" Avenue ad- joining Mr. Dembo's property between 15th and 16th Street. Mr. 3ird stated the Park Department has informed him they want that ground, in fact are preparing to place a ball park on the east 40 feet of that street, and he informed the Park Dept. they cannot put a ball park on the street, any more than Mr. Dembo can put his trees. Further, if this petition is favorably acted upon the City will pay one half of the coat of the improvement of the street, plus all of the cost of that drainage under our present policy, 4/28/59 384' and the drainage will cost between $8,000.00 and $10,000.00. COUNCILMAN FESSMAN stated inasmuch as the Park Dept. has no need for an access through this property to the park, and he believed the reason the Planning Commission recommended the street not be closed was they felt "A" Avenue would be an access street to the park area; and since we cannot legally enter into an agreement to lease a part of the street, it would appear that probably the only solution left would be to close the street. Moved by Fessman, seconded by Hart, the matter be referred back to the Planning Com- mission with all the information we now have available so they can render a new recommendation if they so desire. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, recommendations for a culvert, the type of which would be required to drain that water in this area be sent to the Planning Commission by the City Engineer. Carried, all the Council present voting aye. E. H, ALSDORF, 2105 "d" Avenue, was present and stated he is against the closing of any street, particularly the one in the park; and thought this should also be referred to the Park Com- mittee fbr their recommendation. Moved by Hollingsworth, seconded by Allen, this request be referred to the Park and Recreation Advisory Board to consider whether they need this area for a ball park, and/or a street. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the City Clerk be authorized to ad- vertise for bids for a culvert in the Sweetwater drainage project. Moved by Hollingsworth, seconded by Fessman, the City Clerk be authorized to advertise for bids. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge, Nays: Alien, Hart. RESOLUTION NO. 7483 was read, authorizing the transfer of $20,000.00 from the Capital Outlay Fund to the Park Construction Fund. Moved by Hart, seconded by Alien, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated there has been some talk about keeping the two rest rooms that are now being used in Kimball Park for storage space, and thought this should not be done. Moved by Allen, se- conded by Hart, the present rest rooms in Kimball Park be demo- lished. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman, CITY MANAGER BIRD recommended the bid of Crofton Truck and Tractor Company be accepted and the City Attorney be authorized to prepare the necessary resolution. E. M. STANLEY, President, Stanley Dodge - Plymouth, Inc., was present and stated he wished to point out to 4/28/5 9 385 the Council there were three bids received for the truck, two of them from business people in the City of National City, and one from a business firm in the City of San Diego, and it has been an unwritten rule in the City of San Diego for a number of years any equipment bid on by a firm outside the City of San Diego they are very much against, accepting unless the bid is at least five per- cent or more below any local firm bid. In this case there was a bid from a National City firm less than two percent higher than the one of the San Diego firm, and thought it should be given considerations COUNCILMAN HART asked the City Attorney if we must accept the lowest bid, or can we accept the bid of the National City firm, ATTORNEY CURRAN stated the law is such there is no choice, we must accept the recommendation of the City Manager be- cause of the requirements that the low bid must be accepted. What Mrs Stanley said about the City of San Diego is true, it is not true that it is unwritten; to the contrary it is a matter the people of San Diego voted on, and is part of the charter of the City of San Diego so that is the controlling rule in the City of San Diego but cannot be the controlling rule in the City of Nat- ional City. Moved by Hart, we accept the City Manager's recom- mendation. Motion died for lack of a Second. COUNCILWOMAN HOI,- LINGSWORTH asked the City Attorney if it would be possible to have an ordinance prepared whereby we could operate under a simiv lar situation as San Diego Operation. ATTORNEY CURRAN stated there were some amendments made in the purchasing requirement at the last session of the Legislature, and until this present ses- sion has been closed it is root going to be possible to answer that question to see if any particular it oads are being made into that procedure_. MAYOR HODGE asked if it is too late to submit a bill that would allow general law cities to give an advantage to local bidders. ATTORNEY CURRAN stated it is not too late, the time is growing very close, however, so if you wanted to do anything like that you would need to get ote of your legislators to put it in the hopper immediately. Moved by Fessman, seconded by Allen, our City Attorney draft a bill to be submitted to our assemblyman that would allow general law cities to give an advantage to local bid- ders. Carried, all the Council present voting aye. Moved by Hart, seconded by Allen, the recommendation of the City Manager be ac- cepted, and a resolution be prepared. Carried, by the following vote to -wits Ayes: Allen, dart, Hollingsworth, Hodge. Nays; Fessman. 4/28/59 386 CITY MANAGER BIRD stated it has been suggested the question as to whether or not the Council would be in favor of requesting the Civil Service Commission to give 'weight to those employees which are hired temporarily and also employees who are members of the Police Reserve and take Civil Service examinations based on their term of volunteer service, be presented to the Council. We have serving a number of rolice Reserves and some are in the process of taking the Civil Service examination and they feel they should be entitled for a percentage factor on a weighted average for the services which they have given the City. The temporary employees which we hire, as of the present, are granted nothing when they take an examination even though they have been hired from the available Civil Service list. It is their thinking, the Council should ask the Civil Service Commission to consider a weighted average. COUNCILMAN HART said the men who have served as reserve police officers have had experience and it is practidally the same as if they had been on probation, and the Chief would know whether they would make good officers by their actions and the duties they performed while they were on the reserve; but it should be through the Chief's recommendation. CITY MANAGER BIRD said he would recom- mend it, and he has always felt in the field of promotion the Civil Service should give us more latitude in departmental promo- tions. COUNCILMAN FESSMAN said he thought some means should be set up whereby an employee could be promoted after he has improved his knowledge of the job and is worthy of promotion, and thought the matter could be handled in other ways rather than giving present employees or reserve police officers a credit for percentage. Moved by Hart, seconded by Allen, this matter be referred to the Civil Service Commission with the points that Mr. Bird brought out. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read relative to the ten- tative subdivision map of Verne Strolz Terrace, a 14 lot subdi- vision located east of "L" Avenue at 21st Street. The Commission recommended the map be approved subject to certain restrictions and City Engineer's recommendations. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding petition refeived requesting a 10 foot closing on the West side of "A" Avenue, 'North of 20th Street. It was the opinion of the Com- mission that since "A" Avenue was recently improved as a 60 foot right of way, that a 10 foot closing should be considered making 4/28/59 387 "A" Avenue North of 20th Street a 60 foot right of way in place of the present 80 foot right of way. It was the recommendation of the Commission the closing be approved and the request granted. Moved by Hart, seconded by Allen, the recommendation of the Plan- ning Commission be approved, and referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding grant deed and slope easement received from H.W. and Helen Leonhardy for the widening of a portion of La Siesta Way. The Planning Commission recommended acceptance of the grant deed and slope easement. Moved by Hart, seconded by Allen, the recommendation of the Planning Com- mission be approved and referred to the Attorney. Carried, all the Council present voting aye. CITY TREASURER HOLGATE-Kerr stated she has thirty-two business li- censes which have been returned from the Planning Department be- cause their businesses are not located in the right zones. These people use their home address on the business license; some are piano teachers and have home occupations. A great many of them have had a business license for years. Mrs. Holgate-Kerr asked the Council if there was not something that could be done to al- leviate this situation. ATTORNEY CURRAN stated it is clear to him that the enactment of a new ordinance in place of Ordinance 750 will take care of this problem completely. The only question is whether or not the Council would want to amend Ordinance 750 in order to take care of it immediately. Moved by Allen, seconded by Hart, Ordinance No. 750 be amended to take care of the home occu- pations as shown on these licenses until such time as the new enactment of the zoning ordinance and land use ordinance is brought before the Council. CITY MANAGER BIRD asked what the City Treas- urer should do with the money that has been paid for the licenses in question; should it be refunded. COUNCILMAN AUTIN said she should give them their licenses. ATTORNEY CURRAN stated he would not say the City Treasurer should give them their licenses until such time as the Ordinance becomes effective. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he would like to have the motion clarified -th reference to legislation on giving a preference to local bid- "_rs. He has no authority to submit legislation. MAYOR HODGE -tated it was his thought the City Attorney would give the Council ^rough draft of a bill they could submit, following the lines of San Diego's charter. Moved by Fessman, seconded by Hart, the Irevious motion be altered and the City Attorney ask our State Senator and our Assemblyman if they will work together in intro- 4/28/59 388 ATTES T s) CIIrY CLERIC clueing legislation to take care of our problem and then he be authorized to take whatever steps become necessary in order to see if we can get that legislation enacted. Carried, all the Council present voting aye. RESOLUTION NO. 7484 was read, accepting the bid of Crofton Truck and Tractor Company to supply one 8-10 yard, tandem driving axle dump truck, GMC MW554 with Sabco cutup body and Heil Hoist for the sum of $11,206.00. Moved by Hart, seconded by Allen, the Resolu- tion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7485 was read, "RESOLUTION OF AWARD OF CONTRACT (A Avenue Between 24th Street & 26th Street)." Moved by Hollings worth, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7486 was read, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (Highland Avenue from 4th ,street to 8th ,street)." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. RESOLUTION NO. 7487'was read, "RESOLUTION ADOPTING WAGE SCALE (Highland Avenue from 4th Street to 8th Street)," Moved by Fess- man, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth,Hodge. Nays; Allen,. Hart. RESOLUTION NO. 7488 "RESOLUTION OF INTENTION NO. 7488 (Highland Avenue from 4th Street to 8th Street)." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. COUNCILMAN FESSMAN, Chairman of the Harbor Committee, called a meeting for Thursday, April 30th at 3:00 P.M. in the City Manager's office. COUNCILWOMAN HOLLINGSWO RTH, Chairman of the Finance Committee, stated if there is sufficient time after the meeting of the Harbor Committee she would like a meeting of the Finance Com- mittee. MOVED by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meting, closed aj`4:20 P.M. MAYOR, CITY- OF NATIONAL CITY, CALIFORNIA 4/28/59