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HomeMy WebLinkAbout1955 09-06 CC MIN60; National City, California, September 6, 1955 Regular meeting of the City Council was called to order by Mayor Hodge at 8:30 A.M. o'clock. Council members present: Heck, Hollingsworth, Hodge. Council members absent: Fess- man, Jensen. ADMItISTRATIVE OFFICIALS present: Alston, Bird, Curran, Hol- gate, Gautereaux, Lill, Wagner. Oro The meeting was opened frith salute to the Flag, followed by invocation by,Rev. Erny. Moved by Heck, seconded by Hollingsworth, that the minutes of the regular meeting of August_16, 1955, be approved. Carried, all theCouncil present voting aye. Moved by Heck, seconded by Hollingsworth, that the minutes of the adjourned meeting of August 25, 1955, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6482 was read, transferring from the General Fund to the Special Street, Fund the sum of 1719.50. COUNCILMAN FES1MAN present. MoVed by Heck, seconded by,Hollingsworth, that the Resolu- tion be adopted. Carried, by the following vote to -wit: Ayee: Heck, Hollingsworth, Hodge. Nays: None. Council- man Fessman not voting. Absent: Jensen. RESOLUTION NO. 6483 was read, finding and determining that the public ).nterest and convenience require the sale of cer- tain real property owned by the City of National City. The hour of 9:00 o'clock A.M. on the 4th day of October, 1955 is fixed a$ the time for hearing protests to such proposed sale. Final Action will be taken on such proposed sale on October 4, 1955, or at any regularly scheduled meeting of the City Council t4ereafter. Moved by Heck, seconded by Hollingsworth, that the leaolution be adopted. Carried, all the Council pre- sent voting aye. R sI� OLLTTI NO. 6484 was read, granting a special zone variance permit t South Bay Properties, Inc., for the Purpose of per- mitting the construction and operation of a Kiddiela alayland, including a pony ride. Moved.by,Hollingsworth, seconded by Heck, thpt the Resolution be adopted. Carried,'by the fol- 2owing rote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: ;'esaman. Absent: Jensen. *RESOLUION NO. 6485 was read, sustaining the nroteets-against the proposed Improvement of SEVENTH STRP''T from the centerline of Palm Avenue to the Westerly line of the Southeast Quarter of 40 Acre Lot 2 in Quarter Section 131,�and the proceddin6e heretot'ore taken for said improvement be, and they are here- by, abandoned; and no further proceedings shall be taken un- der the "Improvement Act of 1911" for a period of one year from this date. Moved by Hollingsworth, that the Resolution be adotted. COUNCILMAN HECK stated he would like an opinion from the City Attorney about these 1911 Act Projects being protested out once the property owners have petitioned the Council for the improvement of their streets and by,this petition they have requested the Council to initiate_their improvement. The City has gone to a lot of expense. Can the Council continue to initiate these 1911 Acts onpethey are started by Council annroval, T•.*hether or not the property owners protest them out. ATTORNEY CURRAN stated there are 9/6 certain circumstances in which the protest brought at the time and in sufficient numbers is sufficient to suspend all proceedings. There are other times in which by four -fifths vote the Council can over -ride protests. COUNCILMAN HECK asked whether the Council cannot continue to initiate these proceedings over the protests by four -fifths vote of the Council at all stages of the 1911 Improvement Act. ATTORNEY CURRAN stated the time under__the Majority Protest Apt when the question involves the amount of the assessments there is not any question but that the Council can do so. As to sub- sequent stages there is a question about it.. There,is one Code section that tends to indicate that the Council can do so, however, because of cases in other Code sections there is considerable question in legal circles as to whether or � not that section does not simply_apnly to sewers, and there is not any question but on sewage that is true. COUNCILMAN HECK stated now it takes a simple majority of the Council to approve a.resolution to abandon proceedings on a certain street, and he was wondering if by failure to pass this reso- lution, and by Council's approval, four_fifths vote of the Council whether we cannot continue this project. ATTORNEY CURRAN stated on this particular one the answer is clearly "no" because of the fact of the time of the hearing, action _ of the Council was unequivocal in moving to abandon the pro- ject. COUNCILWOMAN HOLLINGSWORTH stated at the time when the people came in and protested) even though there was_.a majority, had we refused at that time, and there had been a four -fifths vote of the Council, could we have over-riden it then? Were we hasty in accenting their proposal. ATTORNEY CURRAN stated that is the exact time when there is a question as to Whether or not the four -fifths vote could over -ride. It is a ques- tion that is not resolved, unless there has been some legis- lation which has cleared up, and which we still do not have the details on it. It is still an open question. COUNCIL- WOMAN HOLLINGSTAIORTH asked the Attorney if at the time the people came with a bona fide protest, had we referred it to the City Engineer at that time to see if we could not work out something else instead of ending it, then would it have been legal. ATTORNEY CURRAN stated "yes" it would have _. been possible at the time 9f the hearing to havecontinued the hearing and held the matter over, that is clear. Motion seconded by Heck. Carried, all the Council present voting aye. RESOLUTION NO. 6486 was read, sustaining the protests against the proposed Improvement of DREXEL AVENUE from the centerline of Division Street to the North Boundary of the City of Nation- al City and CLAIRMONT AVENUE from the Centerline of Division Street to the North Boundary of the City of National City, and the proceedings heretofore taken for said improvement be, and they are hereby, abandoned; and no further proceedings, shall be taken under the "Improvement Act of 1911" for a period of one year from this date. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6487 was read, creating a boulevard stop'at the intersection of National Avenue and Division Street, to stop all north -bound traffic on National Avenue at said inter- section. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present vot- ing aye. ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 750, BY ADDI^TG THET?ET0 ' SECTION 4.8 PROVIDING A REZONING OF MC CORMACK ANNEXATION", was 9/6 presented for the first reading, and read in hill. ORDINANCE NO. , "AN ORDINANCE 0F THE CITY OF NATIONAL CITY REGULATING THE KEEP/NO OF BIRDS AND ANIMALS", was nre- eented for the first reading and read in full. ORDINANCT NO. 889, "AN ORDINANCE OF INTENTION TO VACATE AND CLOSE THAT CERTAIN PUBLIC ALLEY B!T"EEN 9th and loth Streets and C00LIDGE & HARDING AVENUES, in the CITY OF NAPIONA.L CITY", was presented for the second and final reading, e.nd read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be adopted. Carried, all the Council present vot- ing aye. ORDINANCE NO. 890, "AN ORDINANCE: OF THE CITY OF NATIONAL CITY APPROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY OF C'tR- TAIN INHABITED TERRITORY DE IGtATWD AS "MILLERS ANNEXATION," ON THE 26th DAY 9F JULY, 1955", was presented for the second and final reading and read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be adopted. Carried, all the Council present voting aye. REPORT OF THE PLANNING CO?riYSSION regarding application for Conditional Exception No. 533 signed by Toe T. Grounds, S30 Palm Avenue, was presented. Petitioner is requesting per- mission to operate an upholstery shop on the rear portion of his property. It vas the recommendation of the Commission that the petition be granted with the following. restrictions: 1. Granted for the duration of two years. 2. Limited to two paid employees. 3. _Signs to cohform to the size and description of the signs in this zone. 4. Enlargement of the buildings to be aw per drawing submitted. Moved by Fess- man, seconded by Heck, that the Planning Commission1a re- commendation be accented, and a resolution be prepared. Car- ried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. RECOMYENDATI1N FROM THE PLANNING COMMISIION in regard to the vacancy existing on the Commission, was reach. The following names have been proposed: F. H. Barnthouse, ". E. Christman, Dale Faris, James Stevens. MAYOR HODGE stated he thought a letter of aonreoiation should be written to each of the per- sons mentioned and tell them that perhaps at some later date they may be able to serve on some other Board. Mayor Hodge said he would like to recommend Mr. Christman as a member of the Commission. Moved by Hollingsworth, seconded by Meek, that N. E. Christman be appointed to fill the unexpired term of Alfred J. Fessman. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. . COMMUNICATION FROM CITY PLANNER r•TAGNER was read regarding the final recommendation of the Planning Commission for the adopt- ion of new zoning regulations. Specific changes in the text authorized by the Commission are as follows: 1. The addition of a new zone category of C-P Commercial barking Zone. 2. Prohibition of new residential construction on the".. ground floor in the Commercial Zones. 3. Revision of Section 5:01 with reeoect to projections into yard areas. The Commission re- submits the Ordinance with these changes and recommends that if other changes are desired that they be authorized by the Coun- cil. The City Planner discussed with City Manager 3ird and Fire Captain Simms the matter of Butane Storage in the Indus- trial Zones and it is recommended by the City Planner that any reference to the storage of butane be stricken from the 9/6 63 text. If someone desires to locate a butane storage plant in the M-2 Zone, he may apply for a zone variance to do so _ and restrictions me.y be placed therain. The matter of re- quiring an affidavit to guarantee continued off-street nark- ing within 500 feet of R. commercial building could be resol- ved by adding to Sections 5:10, 4-g the following: "provided an affidavit is filed with the City of National City guaran- teeing that said off-street parking area will be permanent- ly established and maintained". Discussion of the nronosed new zoning ordinance followed. COUNCILMAN HECK stated he is opposed to the section of the ordinance that delegates the Councilts authority to the planning Commission to Hermit them to grant variances and that the only right of anneal would be by four -fifths vote of the Council. The citizens should have a right to, appeal to the Council and it should be done by the majority. Moved by Heck, seconded by Hollingsworth, that on Page 21, Section 6:09 - VARIANCE EFFECTIVV - A"P :AL and related paragraphs, that this phase be rewritten by the Attorney providing the right of anneal to the Council, and that the_Council may reject or apnrove an application by a simple majority. Carried, by,the following vote to -wit: Ayes: Heck, kollingsT•rorth, Hodge. Nays: Fessman, Ab- sent: Jensen. Moved by Heck, seconded by Hollingsworth, that on Page 19, Section 6:01 bg rewritten by the Attorney; that applications be handled in the same manner as in the past. Carrie$, by the following vote to -grit: Ayes: Heck, Hollingsworth, Hodge. Nays: Fessman. Absent: Jensen. COUNCILTr0 L N HOLLINGS"r0TH stated that on Page 17, Section 5:03 - NON CONFORMING LAND USE - that she would be in fav- or of this. Also that she is in favor of Section 5:04 - NOiT CONFOREInTG USE OF A CONFORMING BUILDING. The matter of the abatement clause was discussed. M#YOR HODGE and COUNCIL'rOMAN HOLLINGSt+'O' TH were both of the opinion that it would definitely be a hardship on n great many of the prop- erty owners if this was adopted as proposed. Moved by Hol- lingsworth, that the abatement clause be omitted, in regard to residences. COUNCILMAN HECK stated that National City needs more industrial land and that we should provide pro- tection to the manufacturing industry by_having vacant prop- erty in the area to offer them. COUNCILMAN FESVAN stated it is the contention of a number of industrial reA1 estate brokers that an abatement clause for this area would increase then clue of the land and it would make the houses more sal- able. Motion seconded by Hodge: COM'J1TICATION FROM CHAMBER OF COMIERCE was read stating that the Board of nirectors at its meeting of August 23rd, on recommendation of the Chambers City Planning Committee, went on record without dissent a.s being onnosed to any abatement clauses being incorporated in the proposed new zoning ordinance of the City relative to residential structures in the commercial and industrial zones. The Board recommended the Councilts consideration of their view that no permits be issued for new residential structures in commercial or industrial zones. COUNCILMAN FESSMAN stat- ed that the Industrial Committee of the Chpmber of Commerce- doee not concur with that letter. Motion lost_by the follow- ing vote to -wit: Ayes: Hollingsworth, Hodge. Nays: Fess- man, Heck. Absent: Jensen. Moved by Hollingsworth, se- conded by_Fessman, that this ordinance be laid over until the next meeting. Carried, by the following vote to -Twit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. ATTORNEY CURRAN stat=d the Trailer Park Ordinance is now in form and ready for adoption. It is very lengthy and it is suggested that after reading of the title that further rend- 9/6 64 ing of the'ordinance be waived. Each Council member can be furnished with a copy of the ordinance if they so desire. Moved by Hollingsworth, seconded by Heck, that copies of. the ordinance be furnished the Council members. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Hodge. Nays: None. Absent: Jensen. ORDINANCE NO. , 'BAN ORDINANCE REGULATING THE CONSTRUCT- ION, MAINTENANCE, SANITATION'AND CONDUCT_OF TRAILER DARKS IN THE CITY OF NATIONAL CITY, CALIFORNIA", eras _presented for the first reading. Moved by Heck, seconded by Fessman, that further reading of the ordinance be waived. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Hodge. Nays: None. Absent: Jensen. CITY ATTORNEY CURRAN reported that the bond of the Desk Officer';'being Fireman's Fund Indemnity Company Bond No. F-132483, appears to be in order and approval is recom- mended. Moved by Heck, seconded by Hollingstwrorth, that the Attorneys recommendation be allowed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. ATTORNEY CURRAN stated in regard to the question of advance- ment of expenses to officers and emrloyees attending meet- ings outside the City on official business, which was re- ferred to him, he has concluded that by massing a resolu- tion in advance authorising the officials t•.no so desire to submit the claim seeking a.n advance that the drawing of S. warrant will be legal. RESOLUTION NO. 64.88 was read, that the drawing of a warrant in a sum not to exceed '100.00 in favor of any officer or employee planning to attend the League of California Cities Annual Convention in San Francisco, as an advance for ex- penses, be and is hereby authorized upon the filing of a claim by said officer or employee with the City Clerk. That the drawing of a warrant in,a sum not to exceed "200.00 in favor of J. C. Bailey, as an advance for_expenses in or- der to attend a meeting in Omaha, Neb. regarding a demon- stration of fire alarm systems, be and is hereby authorized upon the filing of a claim by said J. C. Bailey. Moved by Heck, seconded by Hollingsworth, that the Resolution be a- dopted. Carried, all the Council present voting aye. A recess was declared at this time. The meeting was called to.order'by Mayor Hodge. Council members present: Fessman, Heck, Hollingsworth, Hodge. Council memberd absent: Jensen. MAYOR HODGE thanked the Council for giving their monthly salary for the National City Girls' Club. MAYOR HODGE presented a proclamation for the Council to'con- sider. The proclamation designates Friday and Saturday, September 16th and 17th, 1955 as official White Cane Day, sponsored by the Chula Vista and National City Lions Club. The proclamation was signed by Earl A. Mansell, Mayor of Chula Vista. Moved by Heck, seconded by Hollingsworth, that the Council approve the proclamation and the Mayor be auth- orized to sign. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the petition for an 1911 Improvement Act an 20th Street from Van Ness Avenue to the East boundary 6 of the City was reviewed by him, end it is his recomnende- tion that this petition be referred by the City Council to the City Engineer for a report on the feasibility of the project. Attorney Curran stated he believes if we inaugurate this additional step we may avoid some of the difficulties which we •ran into on Clairmont a.nd Drexel Avenue._ Moved by Hollingsworth, seconded by Heck, that this 1911 Ir revement Act on 20th Street be referred to the City.Engineer for a feasibility report. Carried, by the following vote to -wit: Ayes: Fessmen, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. ATTORNEY CURRAN reported that et the last meeting there was a letter from the California Water & Telephone Conm ny which was referred to the City Manager and to the City At- torney having to do with the pronosel of the California 'aster and Telephone Company regarding the financing of a filter plant. Inasmuch as the letter was addressed to both the City Council of National City and the Doard of Directors of the South Bay Irrigation District and sent.to these two nubile agencies jointly contracting with Leeds, Hill & Jewett for the overall feasibility report, Mr. Curran con- ferred with the Attorney for the South Bay Irrigation Dist- riot and it was his feeling that certain things which a -- peer in the letter were not clearly discussed et the meet- ing which the Directors -end the Council members were invit- ed to attend with the California water & Telenhone Company, and that further consideration should not be taken et this time. However, we feel that receipt of this letter should be acknowledged. It is the Attorney's recommendation thn.t the City Clerk aoknowledge,receirt of this letter and ad- vise the Company that the matter is receiving further con- sideration. Moved by Heck, seconded by Fessmen, that the Attorney's recommendation be allowed. Carried, by the fol- lowing vote to -wit: Ayes: Fessmen, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. BILLS AUDITED BY THE FINANCE COMMITTEt presented: General Fund $52,155,01 Traffic Safety Fund 12,773.n7 :Perk Fund ,560.38 Trust & Agency Fund 51.68 'eyroll Fund 54,8;1.94 Moved. by Hollingsworth, seconded by Heck, that the bilis be allowed, and warrants ordered drown for same. Carried, by the following vote to -wit: Ayes: Fessmen, Heck, Hollings- worth, Hodge. Nays: None. Absent: Jensen. COUNCILWOMAN HOLLINGS'rO^TH stated the letter from the Library Board reconnending a five percent increase in salary for El- len Baed.er; !,ibrarian ,was referred to the Finance Comrlittee, it and a is their r occ^_mendation thp`,she five percent raise be gran `ed, i�` .cvec. by Hollingsworth, lingsworth, Leconded by Hock, that a five a?crcont in: rea.se in salary for Ellen Breeder, Librarian, be approved, effective September loth, and that a resolution be urenared.emending the salary resolution. Carried, by the following vote to -wit: Ayes: Fessmen, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. RESOLUTION NO. 6489 was read, authorizing the exnenditure-of "776.00 from Capital Outlay Fund to Froetly Taros. for finel payment of tennis courts. Moved by Heck, seconded by Hol- lingsworth, that the Resolution be adopted. Carried, all the Council present voting 'ye. 9/6 66 CITY'S ''ARTICIFATION in 1911 ACT RROGECTS was presented. COUNCILMAN HECK stated he feels that the_City should par- ticipate in the 1911 Acts by participating in the cost of the intersections. MAYOR HODGE stated he thought the cost of the intersections should be prorated over the entire cost. CITY ENGINEER LILL stated the cost of intersections is prorated over the entire improvement district. The cost of a. corner lot is so high because they nay for the side - yard improvement as well as the frontage. COUNCILMAN HECK. stated he thought we should participate as everyone of the Acts that was protested out has Gast the City a lot of mon- ey, and perhaps by participation we would have more people requesting improvements. Something should be done to im- prove the streets. MAYOR HODGE stated he thinks that most of the trouble is due to misunderstanding or misinformation, Rnd the first thing to do is to get a right of way man to work on the 1911 Acts And explain to the people what it is all about. COUNCILMAN HECK stated. the City Manager has very well explained the 1911 Act step by step to the per- sons who petitioned for the 1911 Act projects. COUNCIL- MAN FESSMAN asked if it would be possible to vacs an ordi- nance whereby any 1911 Act petition that comes in and in case it is protested out that they could be levied an as- sessment to pay for the cost that had ben expended on their behalf. ATTORNEY CURRAN stated it is mandatory that the City absorb those publication costs, it is cart of the State law and there is nothing that can be done about it. COUNCILWOMAN HOLLINGS'ORTH stated she would likA to suggest the possibility of the City assuming the engineering costs, the Attorney's fees and the nublishing costs of these 1911 Acts plus the intersections. CITY MANAGER BIRD.ata.ted con- siderable study has' been given relative to the questions 're- sented this morning, and the recommendation from the City Attorney_that on any petition coming in, the Engineering Dept would make a feasibility report of same, and discus- sing this matter with City Engineer Lill tee felt that a- long with_the feasibility report we would notify all of the signers of the petitions and any other owners of record on the proposed street rather than have an employee of the City or an official representative of the City contact them. _ As to the_publication costs, legally Tire cannot fail to charge the publication costs. At the present time you can assimilate the eng_necring costs. Etch and everyone of these jobs is a sr,ciai problem ,.a itself. Would it not be the best t.ray for each and every job tea-6 is bought in to have a feasibility report made on it and a. recommendation from staff As to the percentago of participation necessary? Would it not be well to have,a feasibility report made A.nd a recommended amount of nartici-lation, and then that amount in the original in- tention., on a rercentA.ge basis, be placed in the resolution. Moved ?�; Heck, sccc^d, . r7 Hollingsw - th, that it be a. police, this (.U4:n,s. t follow the City Manager's recom- mendatien, Carri=d, y the following vote to -wit: Ayes: Fessman,Hdck, Ho11incrT,orth, Hodge. Nays: None. Absent: Jensen,_ BUSINESS LICENSE OnT)INLNCE was presented. CITY MAciURER HOLGATE stated the basic fee which we antici6ated on 11.00 per employee,.. taken on 473 businesses cra.s fi3,512.00 and what we have taken in in gross sales is . 11,069.50. we did not figure general contractors and s b-contractors.. The gross sales is allowing the "big fellow /eip us. Setting it up on an employee basis it is giving the big business the benefit. Miss Holgate presented a report showing the nos- sible revenue based on a fee of et2.00 ^nd '`3.00 ter employee, 9/6 67 And on full time employees only. rtioRt'C UZUi' CKI, 524 n2" Avenue, was present, and stated she would like the Coun- cil to give consideration to the small business man. COUN- CIiVAN HEC C stated he is in favor of the fee being based on per employee, that it is more fair than on gross sales, r+roviding the City does not lose any revenue by so doing. COUT+YCILWOMArt HOLLINGSwORTH stated she thought the City__ would be arise to stay on gross sales. There is no pro- vision made for A part time employee on the per employee basis, which would hurt our revenue. It is her recommenda- tion that we stay under the same basis of estimating our gross sales. MAYOR ROOM: stated he concurs with Mrs. Hol- lingsworth!s thinking. COUNCILMAN W.CK stated he thought it would be well to base our fees on the employee basis as it would be uniform throughout the County. More and more cities are having a uniform type of license. However, if the rest of the Council wish to remain on gross sales basis he tirould concur. COUNCILMAN FEISPAN said he would be will- ing, if the present ordinance is going to be changed to change it similar to E1 Cajon. They have a 110.00 fixed fee and 11.00 a year per employee. Ban Diego also oper- ates on this basis. CITY MANAGER BIRD stated if we e.re going to go on the present ordinance, there should be an order of changing certain sections !and also other suggest- , ions that came from the Council and,the Committee such As the Alleviating of penalty on short notice of December 31st, etc. The time is running out on us, if a change is made ample notification and time should be taken into consider¢- tion. COUNCILMAN HECK stated he thought the 30 day grace' would give them ample time to make the proper corrections, and not be subject to a penalty unless they refuse'to cor- rect it. Moved by Hollingsworth, seconded by Heck, that the firma be allayed until January 31st to amend the Pre- vious year's estimation, and that the City Treasurer's of- fice notify the firms at the time they send applications for renewals. Carried, by the foliowing,vote to -wit: Ayes; Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. Moved by Hollingsworth, seconded by Heck, that the City Treasurer accept a fiscal year on the report, whether it be from July lst to July 1st, or from September let to September lst, and the figures for the fiscal year be the ones;that are given on January the 1st. Motion seconded by Heck: Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. Moved'by Heck, seconded by Hollings- worth, that the City Treasurer, City Manager and City Attorney make their recommendations to the Council with the necessary changes required, at the next meeting. Carried, all the Council present voting aye. FRANK *INKMAN, Secretary -Manager National City Chamber of Commerce, was present And extended an invitation to Council members and City,offioials to participate in the annual new teachers day tomorrow at a luncheon at the new Central School cafeteria, followed by a bus tour of the City. COUNCILPOMANMAN HOLLINGSWORTH stated she would like to bring to the Council for consideration the following: At the present time every subdivision that is accented in the City At the rear of the lot there is usally a 4 foot easement for utilities, which the subdividers are all willing to give. The utility companies put their poles in the street and ab- eolutely_ignore the easements that have been granted. Mrs. Hollingsworth said she would like tor the Council to con- aider the possibility of enforcing, where easements are giv- en, that the public utilities be out in the rear of the prop- 9/6 6ff erty. COUNCIU!Oi.tAN HOLLINGS1''O'ITH stated she would like to have the Council consider that in every new subdivision the Council arrive at a adequate number of street lights re- quired. Not to be nut on light poles but on nroner light standards. COUNCILPOMhN HOLLINGB*•'ORTH stated she would like the Coun- dil to consider that all public utilities be informed that if there is any construction work they have to eo that it done before any permanent street is nut in. There is n pos- sibility that we can notify 011 utilities that we Are con- temnlating an ordinance whereby if they dig a hole into a permanent street that they can be fined or assessed. Also that on every 1911 Act suoh as 18th Street that we request F11 utilitiez to be nut under ground. !n the future the Council show good faith and put the necessary number of street lights on the streets on 1,11 Act Projedts. COUNCIL? OY'AN HOLLINGS??ORTH requested that all the old light posts on National Avenue be removed, and the City Manager try to dispose of them. COUNCIL&•L.N HECK stated sometime ago the City Manager made a recommendation that an ordins+nce be prenered to require public utilities that they must re*slace lights, and com- parable materials on any construction that is performed in our streets, and Asked if anything h:;dbeen done in this regard. CITY MANAGER BIRD stated that will possibly be on the next Council agenda. Moved by Heck, seconded by Hol- lingsworth, that the City Manger make the necessary Ar- rangements to bring a recommendation to the Council what can be done about the removing of the poles on National Ave- nue. Carried, by, the following vote to -wit: Ayes: Fess- mon, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jen- sen. PRICE AVERY, 441 Highland Avenue, was present and stat- ed he would like to see the Council, if they so desire, in- clude with this authority of the City Manager to remove the poles on National Avenue to include the removal of the trees on Highland Avenue. Moved by Heck, seconded_by Hollingsworth, that the Council consider it a statement of policy that on the 1911 Acts which a.rd in the process of completion that the City pro vide adequate ornamental street lighting. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Fessman. Absent: Jensen. AP?LICATION FO'3 REFUND ON BUSINESS LICENSE-by-F. Dale Faris in the amount of t25.00 was presented. The application woo anprovedby City Treasurer Holgate A.nd the License Clerk. Moved by Hollingsworth, seconded by Heck, that the refund be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. A PLICATION FOR REFUND ON BUSINESS LICENSE by Forsters Union Service in the amount of 12.50 was presented. The annlica- tion was approved by the City Treasurer and License Clerk. Moved by Heck, seconded by H9llingsworth,_that the refund be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. 9/6 COMITNICATION FROM JAMES RUSK, District Superintendent, Nn- tional School District was presented regarding e. school site in Olivewo od Housing. COUNCILWOMAN HOLLINGS"ORTH stated she thinks it is the duty of the City to work With the School Roa.rd in every way potaible to provide adequate schools. we would have to consider how soon this area would need to be vacated for the school property nnd have the Housing Director bring in a figure of how many buildings would have to be razed in order to provide the a.dequato area and how that would affect our income. Mrs. Hollingsworth stated be- fore she could make a decision she would have to have those Answers. JAi'ES RUSK, District Supt. of National School District, was present and stated he is soeaking ns nn in- dividual and what he says is not an official act of the governing Board of National School District. This problem has been discussed at some length nnd have explored various ramifications of the problem. The School District can enter into an option agreement and have a .bout the same freedom as an individual does in that option. In that option agree- ment there can be a clause which provides for a renewal of that option it both parties want to have that agreement. In the o',tion, it is presumed, that the sale price probably would be_ one part of the option, And that on such and such - a date_ we could purchase a certain niece_ of property. One advantage of the or,tion is that once we have reasonable ns- surance that the District could purchase the property if they had the money and the desire at the time the option came due we could legally pay An engineer to ; go in and make a topogra'hical survey. With that survey they could hire an^ architect to go ahead And prepsre the plans. It would take months and months to get the thing through, but were we to have an option on the property we could go ahead nnd make the other preparations, without having possession of the property. In general the Board's attitude_has been if they could get something within n year it would be adequate. MAYOR HODGE said he thought it would be arise for this Coun- cil to turn the problem of selling this property to whoever wants to buy it ovAr to the City Manager, and our policy would be for the City Manager to get all the traffic will bear. COUNCILWOMAN HOLLIMGSVORTH stated she did not agree with the statement of "getting all'the traffic will bear", after all we are two taxing bodies, and for the benefit of every taxpayer in town it is extremely important that the School Board not be charged any more than what a fair ap- praisal would be on the property. MAYOR DODGE said he does not think it is our problem to determine *here a school - should go. After considerable discussion, it_was moved by Hollingsworth, seconded by Heck, that this be laid over un- - til the next meeting until Housing Director Gautereaux can present the figures requ^sted. Carriec'., all the Council pre- sent voting aye. APPLICATION ,0 MOVE BUILDING by Mrs. Leta H. Whalen, was presented. he building is to be moved from 1142 .Euclid Avenue) San Diego to 19th and Van Ness. REPORT OF THE BUILDING UEPT. and CITY PLANNER WAGNER was read. C. E. t.THELAN, 402 W...13th Street, wa.s present and stated he will give the City the 20 feet on 19th Street for City improvements should he be able to get the house moved, and. asked if he could get a property ownerissignature, or must he deposit 1,000.00 or can be buy a bond, CITY ATTORNEY CU'RAN stated he could downy of the three. Moved by Heck, seconded by Hollingsworth, that the Application be.annroved predicated on the Building Department nnd Planning Denrtrt- ment recommendations and Also the deeding of the 20 feet on 9/6 741? 19th Street by Mr. 'helm. Carried, by the Following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: none. Absent: Jensen. COMMUNICATION FROM RAN MIGUEL SCHOOL was read stating they are submitting an annlication for conditional exception and it is requested that the fee of 625.00 bo waived, for the following reasons: San Miguel School is a non profit or- ganization, as a tuition school it cannot operate on in- come and has to depend on additional support'from the church or from private donations. Moved by ?gasman, seconded by - Heck, that the request be denied. Notion lost, by the fol- lowing vote to -wit: Ayes: Fessman, Heck. Nays: Hollings- worth, Hodge. Absent: Jensen. COTTCIL'rOi AN HOLLINGgWO'TH stated she was present at the Planning Commission meeting rind listened to the discussion on this particular request, and that she did not believe they needed to make aenlica- tion for conditional exception. It is for construction of t small_ building to house athletic equipment. The Build- ing Dent. should have issued the Hermit and that it need not have gone to the ?Tanning Commission. CITY 'CANNER '4AGN1:' stated this conditional exception was for a achool in an 7-1 zone. The minutes of the meeting where the original variance wins granted and it ...as his interpretation by the motion and also the resolution assed by the Council that the granting of the variance was specific for the use of a three story building for a school, and furthermore that there be no use of the land for recreptional facili- ties appurtenant thereto. Moved by Hollingsworth, -second- ed by Fessman, that this be referred to the City Attorney for a legal interpretation. Carried, all the Council pre- sent voting aye. ANNUAL RERORT'OF TH! CITY A UDIT6R was presented. Moved by Hollingsworth, seconded by Heck, that the report be filed and any,of the Council members who are interested may re- view it. Carried, by the following vote to -writ: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Ab- sent: Jensen. COHtUNIC TION FROM CHAMBER OF COMYERCE was read regarding the building of a float. It is proposed to build a per- manent motorized float bed which can be adapted to various. parades at very little cost. It is estimated the cost_ will be '"900.00. , FRArk BRINKMAN, Secretary -Manager of the Chem- ber of Commerce, was present And presented various sketches of the float. Moved by Hollingsworth, seconded by Heck, that the Chamber of Commerce be given authorization to 'ro- ceed with the float for our representation in the various parades, and that the necessary funds me made available. COUNCImAN FESSM ,N asked where the float will be stored between naiades. M. BRINKMAN stated City Motors stated - it can be stored in their yard. CITY 'MANAGER BIRD asked if it is not necessary that a contract be drawn. Council- woman Hollingsworth, with the approval of Councilman Heck amended the motion to include the drawing of a contract. Carried, by the following vote to -wit: Ayes: Heck,'Hol- lingsworth, Hodge. Nays: Fessman. Absent: Jensen. COM1 MIC ATION FROM THE CHAMBER OF C0M7E?C7 was rend re- questing permission for the Automobile Club of Southern California to move their outside Chamber of Commerce sign from its present location in front of the Simkin Building to the curb side JAI front of the new Chamber office, 1318 National Avenue. If it is agreeable r'nd permiasable to the 9/6 City,they shall -request removal of the sign. Moved byHeck, seconded by Fessman, that the request be granted. tar- ried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. ,Nays: None. Absent; Jensen. Moved by Hollingsworth, seconded by Fessmnn, that the meet- ing be adjourned until 2:00 P.M. in the City Manager's office. Carried, all the Council present voting eye. The meeting was called to order by Mayor Hodge at' 2:00 P.M. o'clock. Council members present: Fessman, Heck, Hollings- worth, Hodge. Council members absent: Jensen., ADMI!ISTRATI$E OFFICIALS present: Alston, Bird, Curran, Lill, "agner, , Gaut ereaux. CITY PLAND 'R t'TAGNER stated there is provision made in the proposed new zoning ordinance which will allow for such situations that arose in regard to the request of the San Miguel School, CITY PLANNER WAGNER referred to the item mentioned by Council- woman Hollingsworth in regard to easements in the rear of lots, and stated that tomorrow noon Enyor Hodge and he are to attend a luncheon sponsored by the Amerioen public Works Association in regard to the use of easements for utility purposes, and hope to bring back some information as a result of the conference. - CITY PLANNER vAGNER stated fie would like the'Council's deter- mination with respect to a small boat harbor, whether we - wish to go along t'ith Chula Vista or whether the Council wishes to present something of our own to the Interim Com— mittee which meets tomorrow. Moved by Fessman, seconded by Heck, that we go on record as being in favor of t+. small bont harbor and that Mr. Wagner so notify the Interim Committee and get any funds we can for a small boat harbor in this area. Carried, all the Council present voting aye. PETITION requesting the Council to make a 60 foot street from "D" Avenue to "F" Avenue on 15th Street was presented. Fifteenth Street is closed at "F" Avenue, CITY MANAGER BIRD suggested this be done and that it be referred to the Plan- ning Commission for a report. Moved by Hollingsworth, se- conded by Hack, that the petition be referred to the Plan- ning Commission for a report. Carried, all thn Council present voting aye. COMMUNICATION PROM FRANK'A. GIBSON, Chairmen of County Board of Supervisors, was read, regarding the county -wide anti - litter campaign now in progress. CITY TANAGER BIRD stated five years or so ago there was a resolution passed whereby the San Diego Exclusive Street Advertising_Comnnny was granted permission to place 20 trash receptacles, or less, for A period of five years for 11.00 per_ year for each can. Mr. Johnson was contacted and a contract is to be written between_the City.of National City and the Street Roster Service giving them the right to place.trash cans and to con- trol the advertising on same. They will nay 25$ per month per can. It Will be for a five year period with option to renew with a 60 day cancellation clause by either party. The Street Poster Service will maintain the cans in proper condition. If the Council wishes) the City Attorney can pre- pare the contract necessary so that '•re could start this the first of the year. Moved by Heck, seconded by Fessman, that 9/6 a the City Marriageri.s recommendation be >•liovied, -nd that the_ City Attorney ore'Qre the contract for same. Carried, by the following vote to-Ait: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Jensen. REPORT OF HOUSING DIRECTOR GAUTElEAUX was rend regarding request to transfer active vacated non -local, non -service delinquent. accounts to collection losses as of June 30, 1955. It is requested that permission be granted to pro- ceed with possible collections through the engaging of a bona fide collection agenoy. CITY MANAGER 3IRD stated it is his recommendation that permission be granted. Moved by Heck, seconded by Feesman, that the City 1(tnager's recom- mendation be allowed. Carried, by the following vote to -wit: Ayas: Fessmrn, Heck, Hollingsworth, Hodge. N^ya: None. Absent: Jensen. CITY MANAGER BIRD stated that Housing Director Gautereaux has a number of ice boxes which he wishes to dispose of and recommended that authorization, be granted. Moved by Fessmanr seconded by Hollingsworth, that authorization be granted. Carried, by the following vote to -wit: Ayes: Feseman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. PRO"OS.&L nF ''FNTAL INCREASES FOR OLIVETTOOD HOUSING we.s are - rented. These adjustments were submitted to the Commandantts Office, llth NPtv?1 District. Column 7 of the Proposed neat Rate Adjustments sets forth what the Director believes to be justifiable conclusions in the new rent rate. Moved by Hollingsworth, seconded by Heck, that the adjustments in the rental increase as aronosed by the Housing. Director be� - alsaroved by the City Council, to be effective November lst, if we have no objections from -the Navy. Curried, by the�fol- lowing vote to -wit: Ayes: Fessnan, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. REQUEST FR6I1 THE SWEET TATER UNION HIGH SCHOOL DISTRICT for - an oversize drive for the Junior High School site on Granger Avenue, vas presented. CITY MANAGER BIRD requested that it - be acted upon and that the City Attorney pre+,are the nec- essary resolution. Moved by Hollingsworth, deconded by Feas- man, that the Junior High Schoolta request for an over size, driveway on Granger Avenue adjoining the new Junior High School be approved, and the Attorney 're_are the resolution. Carried, by tie following vote to -wit: Ayes: Fessmnn, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, enclosing conies of a proposed Freeway Agreement between the Cfty of National City and the State covering the new Freeway loca- tion through National City. CITY MANAGER BIRD suggested that we study the map and perhaps if the Council so desires have an official hearing of your own. CITY PLANNER ,4AGNER stated that Ed Hall has made a trananortation survey for the entire metropolitan street routing_and he is of the opinion that 4th Street should not be closed, in which Mr. Wegner concurs. If 4th Street is closed_it will create a very heavy volume of traffic through Sth Street. Also that loth Street should not be closed. Mr. Hall believes they`_ have a very good *plan in showing crossways which should be placed in those locations rather than the one the State de- signates. CITY MOWER BIRD stated he thought this should be studied further, and can be taken up. officially the first meeting in October. Moved by Feasman, seconded by Heck, that 9/6 the recommendation of the City Manager be accented in this matter and that Mr. Wagner provide the overlrys. Carried, by the following vote to -wit: Ayes: FessmAn, Heck, Hollingsworth, Hodge. Hoye: None. Absent: Jen- sen. CITY HAPTA.G ER BIRD stated he would like nerrission to re - Advertise for bits on the Fire Station Drill Grounds. It is proposed to delete certain portion of the streets. We do not believe it is good business to spend ovpit^1 out- lay money or streets. Moved by Hollingsworth, seconded by Fessrn..n, that the City Menagerie recommendation About reedvertising for bids for the Fire Station Drill Ground with'the elimination of the streets be nr.eroved. Car- ried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. NOTICE RELATIVE TO REn0RT ON RRELIMINAAY EXAi_INNATION ON MULTI-!'URa0SE TUNNEL THROUGH LAGUNA FRAUNTAI il, wee are-- sented. Any interested parties may present their views on the subject matter to the Board of Engineers for Riv- ers and Harbors at ^►rshington, D. C. and any written com- munications to the Board should be mailed to be in Pos- session of the Board on or before September 22, 1955. CITY MANAGER BIRD stated he t.rould like to know what the Council wish relative to a bond issue to improve streets. He would like to know if the Council wish to get things randy for the next election, April, 1956. There is much work that will have to be done if you Irish to piece such a Aroposition'before the people. Should the bond be on a 10 year basis, or what are the wishes of the Council? COTJTTCILMAN H-cr asked why a bond on a 10 year basis in- stead of 20? what streets would be improved is also the question. Mr. Heck said he did not think we should con- sider Highland Avenue. That should be r: separate bond issue, not on the acme ballot. This bond issue should be for improvement of unimproved streets. C'UNCIL'$OHAN HOLLINGSwORTH said she would not vote for any bond is- sue that would raise taxes. The only bond ienue she would be in faivor of is a revenue bond issue that pays back. MAYOR HODGE said he is not in_fa:vor of improving unimproved streets and that he is in favor of putting the develonment of Highland Avenue on the ballot. CnUNCI'L,- M;N FESS^rsAN quggested that we nut a bond issue on the ballot for Highland Avenue end then possibly another issue for 11,000,000.00 a.nd the money to be used for the paying of any excessive 1911 Act costa for the City's - oarticipation. A lengthy discussion followce. Moved by Heck, seconded by Fessman, that we inA.ugur-te rt 1911 Im- provementAct for the widening of Highland Avenue from Division to,30th Street to a 64 foot trQvelway and th?t the City., participation be in the Amount of ti75,000.00. Motion lost, by the following vote to -twit: Ayes: Fess- man, Heck, Hollingsworth. Nays: Hodge. Moved by Fess- man, that the Engineer be instructed to bring in a feasi- bility report in regard to this question. Motion died for leek of a second. COUNCILMAN HECK naked what action has been taken by the Civil Service Commission with reference to creating a posi- tion classification for motorcycle officer, also Assiatrnt - Fire Chief and Fire Marshall. CITY YAN:.GER BIRD stated the Commission is meeting tonight And this will be consider- ed. 9/6 74 Moved by Fessman, seconded by Hollingsworth, thot the City Mannger__and City Engineer Turk together in hiring whatever help is,necessary to expedite the 1911 Act Projects and that the men be used exclusively for 1911 Act *projects. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. Moved by Hollingsworth, seconded by Pessman_;.. that the next rdgulnr meeting be September 27, 1955, at 7_30 P. M. And that some member of the staff declare the meeting of Sept- ember 20, 1955, hdjourned. Carried, all the Council pre- sent voting aye. COUNCIL'TOMAN HOLLINGSWORTH stated_.we have quite A bit of work coming ua a.t each Council meeting and thought that we should have A meeting once o week. Moved by Hollings- worth, seconded by Heck, that the City Council meet every 1st, 2nd, 3rd and 4th Tuesday of each month at'1:30 P. M. and the Attorney Rmend the Ordinance. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Jensen. COUNCILMAN HECK inquired regarding the status of 24th strSet and 18th Street in regard to the improvements. CITY MANAGER BIRD stated the Highway Division And Engineering Are de- bating on_tests for 24th Street and it should be coming a- long in good shape. CITY ENGINEER LILL stated he called Mr. Phelps, Engineer of Work on 18th Street and Mr. Phelps stated they have about eight more days of work to do on the plans. He said he intended to see Mr. Phelps tomorrow and get R commitment from him. COTJNCILWOMAN HOLLINGST'WORTH asked if it would not be possible to have an asoha.lt tile floor in the Police Department. CITY MArtZI-ER BIRD stated he would have the Supt. of Build- ings and Maintenance give an estimate at the next meeting. MAYOR HODGE inquired regarding the question of whether or not the Council wished "bonds" put on the ballot for the next election, andF_►hethbr the widening of highland Avenue should be put on the ballot. Moved by Heck, seconded by Hollingsworth, that the bond issue be tabled until the next Council meeting. Carried, a:ll the Council present voting aye. OPERATIONS FINANCIAL REPORT for month of July, 1955 of Olive- wood Housing, wan presented. Our net revenue was '.t21,592.11. Moved by Fessman, seconded by Heck, that the meeting be clos- ed. Carried, all the Council present voting ave. Meeting closed at 5:14 P. M. ATTEST: MAYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 9/6