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HomeMy WebLinkAbout1958 11-05 CC ADJ MIN161 National City, California, November 5, 1958 Adjourned meeting of October 28, 1958, of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. o'clock. Council members present: Allen, Fessman,Hart, Hollingsworth. Council members absent: Hodge. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Keeble. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of October 21, 1958, be approved. Carried, all the Council pres- ent voting aye. CITY CLERK ALSTON read the minutesof the meeting of October 28, 1958, which was adjourned due to lack of a quorum. Moved by Hart, seconded by Alien, the minutes of the meeting of October 28, 1958, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7335 was read, granting a special zone variance per- mit to Josephine C. Emrick for the purpose of establishing an office for the practice of medicine and surgery in an R-4 multiple residence district (1012 E. 8th Street). 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. RESOLUTION NO. 7336 was read, ordering that payment of Warrant No. 13362 in the sum of $123.65 payable to Westerlund & Lange be stopped and that a new warrant for said sum be issued to desterlund & Lange. Moved by Hart, seconded by Allen, the Resolution be adopted. Car- ried, by the following vote to -wit; Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. ORDINANCE NO. ,'AN ORDINANCE OF INTENTION TO VACATE AND CLOSE 26TH STREET BETWEEN HIGHLAND AND 45'4 AVENUES, AND A PORTION OF AVENUE, IN THE CITY OF NATIONAL CITY, CALIFORNIA," was presented for the first reading and read in full. ATTORNEY CURRAN reported that C. S. Johnson and VIallace G. Johnson, a.co-partnership, have filed insurance documents issued by The Home Indemnity Company which satisfy the requirements of the contract they have with National City for refuse receptacles, and recommended they be approved and filed. Moved by Hart, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Public Utilities Commission of the State of California has rendered three separate decisions in the matter of the consolidated hearing on the application of San Diego Gas & Elect- ric Company for an increase in its gas rates, electric rates and its 11/5/58 162 steam rates, The City of National City was primarily interested in three matters. The first matter was that National City, rather than being placed on Zone 2 be placed in Zone 1, the lowest possible zone for gas rate purposes no matter how many znnes the Commission saw fit to establish. The order in the gas decision so places National City, With referenoe to the electric rates only, the City of National City joined with the Federal Government and urged that the proposed 100% increase in the rates to be charged at the Olivewood Housing Project off the master meter, not be made effective. National City was suc- cessful, and the decision granted only an increase commensurate with that granted for single residences. The third point made by the City of National City was with reference to Street Lighting there should no longer be two classes of service. Prior to this opinion, the City of San Diego enjoyed one rate for street lighting if it was for a lamp which the City owned and the other cities had to pay a higher rate. Attorney read an opinion of the Commission which stated that street lighting service will be rendered at system wide rates to both customer and company owned installations. Attorney Curran stated there was one additional matter which National City took a position on and among all the appearances in the case it was the only party who did take any position; that was the matter which the hear- ing officer voluntarily raised; and was whether or not there would be an objection to establishing a minimum monthly charge which would be approximately twice the present minimum monthly charge. The City Attorney opposed any such change on the ground that the small con- sumers in National Gity would be adversely affected. The City Man- ager testified at the hearing and sustained the position placed in the record by the Gity Attorney so the official position of the City of National City was very clear. Attorney Curran read an excerpt from a report of the Gas and Electric Co. which stated that: Uthe applicant now serves domestic and small commercial customers on schedules No, G1, G2, G3 and G4. In its report applicant often speaks of such schedules as its General Service Schedules. Since 1950 there has been a trend in the State to designate such schedules as General Service Schedules and to raise the minimum charge up to about a two dollar level in order to more nearly cover the customer cost. National City opposed this move on the basis that this was too sharp an increase to place in the minimum charge against the small customers in National City. In the Commission's opinion it is de- sirable to switch over to General Service form of rates, however, we will respect the position of National City and will limit the in- crease in initial charge to twleve cents and will hold the increase in the second and succeeding blocks to a level considerably below applicant's request.+r. CITY ATTORNEY CURRAN stated this is an interim opinion, the matter is left open, and one of the basic reasons is there has been a change in fuel prices, another basic reason is the fact the Commission is continuing to hold hearings on the matter of the accerelated amortization on which he has previously reported. ATTORNEY CURRAN reported on the meeting he attended on October 22nd of the San Diego County Irrigation Association. Mr. Curran stated he believed that an understanding of the problems which were posed 11/5/58 163 at that meeting will enable the community to better understand some of the problems with which National City is confronted regarding water distribution. There was a panel at this meeting, with William Jennings, who is the Attorney for the San Diego County Water Auth- ority, but that evening was speaking as the Attorney for the Helix and other Districts rather than for the Authority; an Attorney for the Fallbrook Public Utilities District and Faul Beermann the Di- rector of Public Works Engineering and Water for the City of San Diego. Mr. Jennings gave a short resume of certain problems the various water distributors in the area. were encountering because of the physical facts, one physical fact being the great majority of the reservoirs' pipes are owned by the City of San Diego. Another fact is, even though a second aqueduct was brought into San Diego that did not do the Helix District any good because of the way the water was distributed, and certain other problems which were involved. Various suggestions were made, which were about four in number, as to how the problems of distributing the water, once we get it to San Diego, might be worked out. One suggestidnvould be to amend the San Diego County Water Authority Act, give that Authority additional powers, such as the power to build dams, and also to allocate water to various sections of the County. Another suggestion, and one that was strongly urged by Mr. Beermann, was that many of these areas which are having these troubles, annex to the City of San Diego and their problems would be solved. The third solution suggested was there might be a new agency formed which would be in the nature of a water district covering the entire County of San Diego. The fourth suggestion was it might be possible by a series of Joint Powers Agreement to take specific problems as they arose. It was not in- tended that any solution should be reached, the purpose of the meet- ing was to air the problems and let the people who are concerned with using water recognize them and attempt to solve them. There was a vigorous dissent on the part of Mr. Heilbron who felt the San Diego County Water Authority as it is presently operating is doing the best possible job and it was an inappropriate time to air these problems. Mr. Curran said in view of the discussions which are go- ing on, and which have gone on with the South Bay Irrigation Dist- rict, he thought these matters which pertain to water become of in- creasing interest to National City. ATTORNEY CURRAN stated with reference to the conditions imposed upon the land which is now owned by the City and proposes to sell, he has encountered some difficulty in making certain he understands what the Finance Committee determined with reference to the specific con- ditions. Also he has incorporated certain of these conditions into a formal document which will be filed, and because of the uncertainty and because of the additional legal material in the form which in- corporates these conditions, at this time, he would like to have this document, which he has prepared, and which is entitled "Estab- lishment Of Covenants Running With Land referred to the Finance Committee so there will be no possible misunderstanding what con- ditions shall be imposed upon the land. Moved by Fessman, seconded by Hart, the City Attorney's recommendation be followed. Carried, 11/5/58 164 all the Council present voting aye. ATTORNEY CURRAN stated in regard to the matter previously reported upon regarding California Water & Telephone Company's facilities which were installed on Highland Avenue between 8th and 18th Street, he has been advised by the Attorney for the California dater 8c Telephone Company the position of the company is that it will not move its facilities unless the City advances fifty percent of the estimated cost of the relocation. Mr. Curran said he is of the op- inion the City should not consent to advancing fifty percent of the cost, that it would have to have litigation about the matter. The police power of the City in these matters is rather effective, and it is the Attorney's recommendation we forthwith have a hearing, at which time the City Engineer reports his findings as to matters in the City's records and as to the time of installation of the facil- ities by the California 'jater & Telephone Company, and after the end of the hearing if the Council will find an order be made, that the Supt. of Streets be directed to remove the facilities. It was the Attorney's recommendation such a hearing be held at this time so the Engineer can report and this matter can be brought to a head. Moved by Hart, seconded by Fessmaa the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported Resolution No. 27 opening 8th Street east, also called Highland Avenue in the City of National City, was set forth in the minutes of the Board of Trustees, Book 1, Page 230, on April 1, 1891. This opened Highland Avenue. The Resolution states: "Whereas the quarter section line separating quarter sections 131, 132, 133, 134 and 135 from quarter sections 151, 152, 153, 154 and 155 in National City, California and commonly known as Highland Aven- ue or Eighth Street East, running from the north line to the south line of the City, has for a period of more than five years for a uniform width of forty feet on each side of said line been openly, continuously and notoriously used by the general travelling public as a public highway, therefore, be it resolved by the Board of Trust- ees of the City of National City, that the same be declared to be and is a public street of said city, between the points indicated, and of a uniform width of 80 feet and that the Superintendent of Streets shall on and after this date assume control of said street, IVMR. LILL stated his information is that the Water Company installed their lines in Highland Avenue in 1889; therefore, the street was there prior to the water line installation. COUNCILMAN FESSMAN stated it is a matter of court decision to decide the question whether the City was there first or whether the Water Company was there first. Moved by Fesernan, seconded by Hart, a resolution be prepared setting forth the City's position in the matter, and the matter be carried on, if necessary, to the court to decide, and the hearing be closed. Car- ried, all the Council present voting aye. RESOLUTION AO. 7337 was read, finding that public convenience and necessity demands that the poles, water meters, fire hydrants and other appurtenances so placed upon, in and under Highland Avenue by the California Water and. Telephone Company be relocated and moved to different positions upon, in and under said Highland Avenue in order 11/5/58 165 not to interfere with the improvement of Highland Avenue described on City of National City Engineering Department, Drawing Nos. 337-L, 340-L, 341-L, 342-L, 343-L, 348-L and 350-L to which reference is hereby made. That the California Tiater and Telephone Company has failed and neglected to relocate its poles, water meters, fire hy- drants and other appurtenances, and has notified the City that it will not do so unless the City first pays to said California Water and Telephone Company a portion of the estimated cost of making such relocation. That public convenience and necessity requires the re- location of said poles, water meters, fire hydrants and other appurt- enances prior to the commencement of the improvement of Highland Avenue between 8th and l8th Streets and so as not to interfere with said work of improvement, and that it is within the police power of this City Council to order such relocati,,.I of facilities. The Super- intendent of Streets of the City is hereby authorized and directed to remove any of said poles, water meters, fire hydrants or appurt- enances of the California Water and Telephone Company located upon, in and under Highland Avenue between 8th and 18th Streets which may interfere with the said work of improvement, provided, however, that if said California Water and Telephone Company notifies the Super- intendent of Streets on writing that it will do said work of reloc- ation itself and so as not to interfere with the work of improvement, the Superintendent of Streets need not make such removal of facilit- ies. The City Attorney is authorized to institute whatever legal process may appear necessary or proper in order to protect the inter- ests of the City in this matter. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit:. Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. ATTORNEY CURRAN reported Pacific Employers Insurance Company has is- sued a certificate that Lawrence C. Keubler has workmen's compensat- ion insurance as required by the laws of the State of California, and recommended it be approved and filed. Moved by Hart, seconded by Fessman, the Attorneys recommendation be approved. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated with reference to the bids for insurance which was referred to the City Manager and himself, they have con- sidered the matter and have come up with certain recommendations which they feel will afford a better participation in general in an effort to secure the greatest possible coverage at the lowest possib- le cost to National City. An invitation for bids has been prepared, and was read by Attorney Curran. ATTORNEY CURRAN stated it was the thought that as wide publicity as possible should be given, the form of bids should be mimeographed and sent out to the general agents so the various companies who are interested in affording coverage to the City will have an opportunity through their brokers to submit their bid. Moved by Fessman, seconded by Hart, the City A.ttorney's recom- mendation be followed. Carried, all the Council present voting aye. MARTHA CLARK, 2133 National Avenue, was present, and stated she would like to ask Mr. Bird why posters carrying special advertising were 11/5/58 166 allowed on the trash cans of National City. VICE MAYOR HOLLINGS- WORTH stated it is not the policy of the Council to have anyone ad- dress a question to a particular person, and if Mrs. Clark has a question she wished to discuss with Mr. Bird that she see him in his office. GEORGE MC MARTIN, President of National City Police Relief Associat- ion, was present, and stated as a representative of the Association, which consists of 37 members, he wished to explain their position as police officers for the City of National City and to factually show the extreme need for a permanent pistol range that will be accessible to the police officers and operative in all types of weather. Of- ficer McMartin presented a detailed report showing their needs, and it stated their primary purpose at this time is to clarify any doubt as to their necessity for a police pistol range, to justify their re- quest that a range be allocated and to show their need of this fac- ility is immediate and a permanent situation, COUNCILMAN FESSMAN stated he believed all the Council members realize the need for a pistol range, but it is a matter of getting the money to purchase it; and to remodel the old swimming pool would probably cost about $10,000.00. COUNCILMAN HART suggested we do something about the tidelands temporarily until we can get the money for the remodeling of the pool. VICE MAYOR HOLLINGSWORTH stated she believed it was estimated it would cost approximately $3,000.00 to put a range on the tidelands, and if it would be just a temporary range, it would appear we are just postponing a problem that would have to be settled later. Mrs. Hollingsworth stated she would rather see if we could find the money in the next few months and spend it on the old swim- ming pool than spend $3,000.00 on the tidelands. COUNCILMAN ALLEN said he would like to find out from Officer Mc Martin and the Relief Association how much money they would be willing to put into this project in order to get it started immediately, and if necessary have us repay it as funds become available to us. OFFICER MO MARTIN stated as President of the National City Police Relief Association, he would state he believed they would put in $5,000.00 for a range. Moved by Fessman, seconded by Hart, the matter be referred to the Finance Committee and at the same time request that the Police Re- lief Association have a committee authorized to commit them at that meeting, and then perhaps we can work out some sort of a proposal whereby they can have their range and they will be recompensed for it at a future date. Carried, all the Council present voting aye. COMMUNICATION FROM J. B. JOHNSTONE, 1940 Highland Avenue, was read, stating something should be done to slow down traffic to a legal speed along Highland Avenue without any further delay. Sunday he witnessed a traffic officer, within less than one hour, cite four speeders in a three block area for high speed violations on this Avenue, for which this officer should be highly commended by his superior, and indeed by the City Council. COUNCILMAN ALLEN stated he talked with Mr. Johnstone and stated it was around 9:00 A.M. on Sunday, but he did not know the officer; and upon checking with Sgt. Hunter who is in charge of the Traffic Division, he said the officer was evidently Officer James Webb. Mr. Allen said, if in one hour, 11/5/58 167 with three blocks there are four traffic violations, considering the City as a whole, he wondered how we are going to control it with three traffic officers. Moved by Allen, seconded by Hart, a copy be sent to the Chief of Police for carrying out the citizen's sug- gestion. Carried, all the Council present voting aye. COUNCILMAN HART stated sometime ago he made a recommendation that the intersection of 2nd and Highland Avenue be referred to the Traf- fic Safety Committee; it is a hazardous corner, and asked that it again be referred to them for a report at their next meeting. BILLS AUDITIED BY THE FINANCE COMMITTEE presented: General Fund $13,972.46 Traffic Safety Fund 4,845.78 Park Fund 270.68 Retirement Fund 1,792.85 Trust & Agency Fund 1,000.00 Payroll Fund 42,025.19 TOTAL $63.906.96 Moved by Allen, seconded by Fessman, the bills be allowed, and war- rants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 7338 was read, authorizing the following payments from the Capital Outlay Fund: California Water & Telephone Company, $34.1R; Johnson Nursery, $165.85; Republic Supply, $50.96, for Las Palmas Park. 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. COMMUNICATION FROM DR. ASKEW OF THE DEPARTMENT OF PUBLIC HEALTH was read relative to air pollution. The Citizens' Advisory Committec and the staff have now determined that we should recommend the adopt- ion of a control program at this time. However, at their last sev- eral meetings, discussion has developed regarding the need to know more about the various type of industry coming into the San Diego County air basin and whether air pollution control devices are be- ing built into the plants, particularly in those industries being built within cities. Competent staff has been employeed and has been reviewing plans referred to it by the County Planning Commis- sion for installations to be constructed in the unincorporated area of San Diego County. It is recommended and requested that National City voluntat ily cooperate and participate in the program. CITY CLERK ALSTON stated a copy of this letter was sent to the City Plan- ning Commission. CITY PLANNER STOCKIAi stated the letter was read at the Planning Commission meeting and as most of the industries which were set forth in the letter as capable of emitting air con- taminants- require an application for conditional exception under the zoning ordinance, it was the commission's recommendation we fol- low through with the program as suggested. COUNCILMAN FESS1VAN 11/5/58 168 stated he thought a letter from the City Planner to Dr. Askew would suffice. CITY CLERK ALSTON stated the letter was addressed to the Council. VICE MAYOR HOLLINGSWORTH recommended the City Planner write the letter to the Council stating the action of their body and we can take action at the next meeting. Moved by Hart, seconded by Allen, the recommendation of Vice Mayor Hollingsworth be approved. Carried, all the Council present voting aye. REQUEST OF JESSIE P. KELLEY for refund of $1.00 on plumbing permit fee. REPORT FROM BUILDING INSPECTOR BIGGS was read stating a per- mit was issued to J. P. Kelley on October 7th in the amount of $1.00. Said permit authorized the installation of a space heater in a unit of the Housing Project. Due to the expenses involved inthe issuance of this permit, and the fact that no reason has been given to justify a refund of fees, it was recommended the request be denied. Moved by Hart, seconded by Fessman, the request be denied. Carried, all the Council present voting k e. REPORT OF CITY TREASURER for period ending September 30, 1958, was presented. Moved by Allen, seconded by Hart, the report be accepted. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened November 3rd for the Improvement of Highland Avenue, 8th to 18th Streets: V. R. DENNIS CONSTRUCTION COMPANY, $118,069.87; R. E. HAZARD CON- TRACTING COMPANY, $109,439.95; GRIFFITlt COMPANY, $114,628.51; KEN- NETH H. GOLDEN CO., INC., $122,082.09; DALEY CORP., $116,948.76. CITY CLERK ALSTON reported the following bids ware opened November 3rd on the 44 Avenue Storm Drain: G. C. DAVISON, $29,878.00; K. E. C. COMPANY, $29,033.00; MaLVEN & NICKLAS, $22,422.20; OVERTON & CLARK CONSTRUCTION EQUIPMENT COMPANY, $28,295.00; V. R. DENNIS CONSTRUCTION COMPANY, 4)28,329.50; C. W.. MC GRATH CONSTRUCTION COMP- ANY, INC., $28,149.00; RAY A NELSON, $24,294.40; V. E. POSEY, $24,395.55; PACE CONSTRUCTION COMPANY, $21,375.00; REID'S PLUMVBING & HEATING, $23,655.00 CITY CLERK ALSTON presented a grant deed from Paul L. and Ruth B. Duckworth, and recommended it be referred to the Attorney for prep- aration of a resolution of acceptance. Moved by Allen, seconded by Hart, the City Clerk's recomendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM DEPARTMENT OF PUBLIC HEALTH was read stating that recently the Speedee Lunch Company has requested permission to op- en:te in National City. They operate from a food vending vehicle. This department has no objections to this type of food vending vehicle provided it is adequately supervised and definite standards are established for the control of this type of operation. It was recommended, if the City desires this type of operation that an or- dinance be adopted similar to the one regulating food vending vehic- les in the City of San Diego, a copy of which was attached to the communication. Moved by Allen, this be referred to the Attorney 11/5/58 169 to check on the ordinance. Seconded by Hart. Carried, all the Council present voting aye. PETITION signed by fifteen citizens was presented, requesting the existing zoning laws be enforced at the factory located at 1831 Highland Avenue, namely, elimination of the noise caused by planing machines. Moved by Fessman, seconded by Hart, the petition be re- ferred to the City Planner and the Police Department to verify wheth- er or not this operation is in conflict with our zoning ordinanoe. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice Inviting Sealed Proposals for the Improvement of Highland Avenue. Moved by Allen, seconded by Hart, the Affidavit be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received three tax statements sent to the City for property purchased from Susan J. Oliver, Mrs. Alston stated she had Mr. Osburn check it throeh the Engineer's office and it is property we have purchased, and recommended it be referred to the Attorney for preparation of a resolution requesting the can- cellation of the taxes. Moved by Hart, seconded by Fessman, the City Clerk's recommendation be followed. Carried, all the Council pres- ent voting aye. CITY CLERK ALSTON stated she received the Decision from the Public Utilities Commission which granted the request of the Greyhound Corp- oration. This was presented to the City Attorney sometime ago and he said we had no interest in the matter. Moved by Hart, seconded by Alien, the Decision be filed. Carried, all the Council present voting aye. COMMUNICATION FROM DEPARTMENT OF PUBLIC WORKS was read stating the quarterly apportionment of 5/8 gas tax to National City for the quarter ending September 30, 1958, based on a population of 31,785 is $24,590.51. CITY CLERK ALSTON presented three policies of title insurance en property which the City has purchased and recommended they be re- ferred to the Attorney for checking. Moved by Allen, seconded by Hart, the recommendation be approved. Carried, all the Council present voting aye. NOTICE FROM SHORELINE PLANNING ASSOCIATION was read inviting the Council to attend their 12th Convention at San Luis Obispo, November 14th and 15th. CITY CLERK ALSTON expressed her thanks to the Council for allowing her to attend the League of California Cities Conference in Los Angeles last week; it was very informative and gained a.lot of in- formation from attending the Finance Officers' meetings, and if at any time the dinanee Committee would like to have her meet with them and discuss what she learned, she would be happy to do so. Mrs. 11/5/58 170 Alston stated every meeting she attended, whether Finance Officers or General Session, they were all crying that the State is broke and for oities not to expect any money from the State, and that by 1980 the Division of Highways will have their streets up to date, whereas the cities will only be fourteen percent up to date; and the cities cannot expect any money at all from the State. It was brought out in the Finance Officers' meeting the State's budget for revenue was over estimated, and it is going to take all their en- tire resources they laid away for other things to pullthem out of the woods. Mrs. Alston stated she attended 1911 Act Sessions and learned that our files are very up to date on our 1911 Acts, just as the State would like to have them kept. CITY ENGINEER LILL reported the paving of Third `_street and "Ji Avenue is scheduled for the end of this week. The contractor; R. E. Hazard has started work on the 1911 Act for the Improvement of 20th Street, "A" and 4B' Avenues. CITY ENGINEER LILL reported that R. E. Hazard Contracting Company was the low bidder for the Improvement of Highland Avenue from Sth Street to l8th Street. It is three percent more then the estimate, not including the contingencies, and recommended the contract be awarded to R. E. Hazard Contracting Company, as low bidder. Moved by Fessman, the City Engineer's recommendation be approved, and the bid awarded to R. E. Hazard Contracting Company, and referred to the City attorney for the preparation of the resolution. Motion died for lack of a second. COMMUNICATION FROM L. J. EGCER was read aekking that Mr. Bird intro- duce the enclosed petition to the Council for their consideration. The petition contains over one hundred signatures of people living on the following streets: 2nd Street from Laurel to Highland; 3rd Street from Laurel to "J" Avenue; 4th Street from Laurel to High- land; Melrose from Highland to "J"; Laurel from Division to 4th Street. In the event this petition receives favorable action, the following was suggested: 1. Posting copies of the ordinance at Junior High and High Schools. 2. Erecting notices at all major entrances to the City. $. Asking cooperation of National City Star News and San Diego Union Tribune. 4. Appointment of as many additional police officers as the Chief of Police feels necessary for this and other work. 5. Concentrating on pipes and mufflers as they are the worst offenders. 6. Finally, make the penalty for offenses at least twice as heavy when committed between 10:00 P.M. said 6:00 IA. as these are by far the most offensive. PETITION was reed requesting the Council to initiate and enforce an ordinane designed to eliminate unnecessary noise within the city limits with special reference to the following: 1. The use of auto horns in- stead of doorbells. 2. The use of any by California Vehickle Code approved mufflers on autos, scooters and motorcycles. 3. The squeeling of tires on starting oars or unnecessary sudden stops, 4. Any unnecessary noise above 90 decimals of sound. 5. They favor any additional personae' or equipment necessary to enforce this ordinance. COUNCILMaN HIT said it seems the people through- out the entire city are getting tired of this speeding and unnec- essary noises at night and thought something should be done as quickly as possible to alleviate the condition. COUNCILMAN FESS- 11/5/58 171 MAN said he was in accord with Mr. Hart's thinking and felt that something should be done about it, however, there are some problems involved. Moved by Fessman, seconded by Hart, the matter be re- ferred to the appropriate City Department heads and the City At- torney to determine what legally can be done and reasonably pos- sible to enforce and report back two weeks from today. VICE 1MAYOR HOLLINGSi'VORTH stated that Ordinance No. 739 is a very good ordin- ance, it may have to be amended, but it has a '5o0.r0 fine or six months in jail. Our biggest problem is going to be the enforcement, and when this is actually considered, the City should have a direct mailing to every registered voter in the City stating they are go- ing to enforce this ordinance, it is knowledge they need. L. J. EGGER, 43 4L' Avenue, was present and stated he believed a new law would be the answer to our problem, and suggested the old ordinance be ignored. Carried, all the Council present voting aye. COMMUNICATION FROM AREA DEVELOPMENT COMMITTEE NATIONAL CITY-CHULA VISTA BOARD OF REALTORS was read stating they understand the Plan- ning Department is again considering a Split Lot Ordinance and is written along the same lines they previously objected to. If this is true the Committee wish to go on record as opposing again the Split Lot Subdivision Ordinance. Their Committee would appreciate a delay in the hearing as most of them will be out of town and un- able to attend the next Planning Commission meeting. CITY MANAGER BIRD recommended it be referred to the Planning Dept. and Planning Commission as they are holding the second hearing on this ordinance Nov. 10th. Moved by Allen, seconded by Hart, the City Manager's recommendation be approved. Carried, by the following vote to wit: Ayes: Allen, Hart, Hollingsworth. Nays: Fessman. Absent: Hodge. COMMUNICATION FROM JEAN L. VINCENZ, DIRECTOR, DEPARTMENT OF PUBLIC WORKS, was read stating the County Board of Supervisors has ap- proved the Gity's request for renewal of pound services agreement. The renewal will be effective until June 30, 1959, with no change in charges. At that time, it will be necessary to again renew the contract. COMMUNICATION FROM STANDARD OIL COMMMPANY was read stating they con- template the construction and operation of a gasoline service stat- ion on the Southeast corner of 8th and Palm, and they requested permission to commence the Easterly driveway on 8th Street at the Easterly property line extending Northerly. CITY MANAGER BIRD recommended it be referred to the City Engineer and City Manager for a report at the next Council meeting. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM GRIFFITH COMPANY was read stating they have been requested to perform a small repair job on the asphalt paved area lying between the existing sidewalk and curb on the west side of Highland Avenue north of 3rd Street, in front of Mordhorst Yard- age Store. The work involved is only small patches to fill depres- sions that have occurred, the entire area is approximately 110 feet 11/5/58 172 by 10 feet. The owner has also requested them to install two inch asphaltic concrete surfacing in the parkway on the north side of 3rd Street in the two driveways serving the parking lot and market on the corner. Your consideration of these requests will be ap- preciated. Moved by Fessman, seconded by Hart, the request be ap- proved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read relative to the bids re- ceived for the 4Fd Avenue Storm Drain. The plans specified that reinforced concrete pipe be used across 4F- Avenue and allow an alternate bid for cast -in -place concrete pipe in the right-of-way. Malven 8c Nicklas bid cast -in -place pipe and wrote on the bid form they would reduce their bid W1,695.10 to a total of $20,727.10 if allowed to use cast -in -place pipe in 4F,P Avenue also. As this alt- ernate was not specified in the specifications, it was recommended that it not be considered in the award of the contract. Right-of- wy for storm drain is to be given to the City by the National School District and have been advised this action is to be taken at the District meeting on November 12th. It was recommended the contract for the work be awarded to Pace Construction Company, as the low bidder. COUNCILMAN FESSMAN stated he would like to see the specifications for the storm drain. VICE MAYOR HOLLINGSaORTH declared a recess. The meeting was called to order by Vice Mayor Hollingsworth. Coun- cil members present: Allen, Fessman, Hart, Hollingsworth. Council members absent: Hodge. Moved by Fessman, seconded by Hart, the recommendation of the City Engineer be approved, and the bid for the "F" Avenue Storm Drain be awarded to Pace Construction Company, and referred to the City Attorney for the preparation of a resolution. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the action taken by the Coun- cil relative to the proposed pistol range, he wished to point out that if there is by any chance a favorable recommendation to the Council to install a shooting range in the park, that we have a Recreation Advisory Board who, he believed, should be consulted as to their feelings of the location of such a thing in the park. At the last meeting which Mr. Bird attended, he heard conversation opposed to a shooting gallery in the park. Moved by Fessman, sec- onded by Allen at the next meeting of the Park and Recreation Ad- visory Board, the Councilos representative attend the meeting and present the matter to the Board and ask them for a recommendation, and a representative of the Police Relief Association attend the meeting also, and present the pictures of the indoor pistol range they have in their possession. Carried, all the Council present voting aye. CITY CLERK ALSTON reminded the Council that Tuesday, November llth, is a holiday so tnere will be no meeting of the Council. 11/5/58 173 RESOLUTION NO. 7339 was read, accepting the bid of Pace Construct- ion Company for the "PF,' Avenue Storm Drain, and the Mayor is auth- orized and directed to execute the contract for said storm drain. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. VICE MAYOR HOLLINGSaORTH stated she was in LosAngeles yesterday and found where there is now a method of taxing cats, and read their proposed charges. COUNCILMAN ALLEN stated at the sessions for Councilmen and Mayor at the League of California Cities Con- ference, there were a great many new methods suggested for increas- ing the cities revenue, and the licensing of cats was mentioned at every session. VICE MAYOR HOLLINGSaORTH stated the first of the year will soon be here and we will be licensing all the dogs, and if the Council would be in favor of an ordinance similar to the one proposed for Los Angeles, we would need the time to get it ready for the first of the year. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:50 P.M. h VICE MAYOR, CITY OF NATION CITY, CALIFORNIA ATTEST: NYC/i i�.K• �,�� i j y'..L CITY CLERK