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HomeMy WebLinkAbout1955 09-27 CC ADJ MIN75 National City, California, September 27, 1955 Adjourned meeting of September 20, 1955, of the City Council was called to.order by Mayor Hodge at 7:30 P.M. otclock. Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. , ADMINISTTRATIVE 6FFICIALe present: Alston, Bird, Curran, Lill, Wagner, Holgate, Bailey, Gautereaux. The meeting was opened with salute to the Flag, followed by invocation by,Mayor Hodge. Moved by Heck, seconded by Hollingsworth, that the minutes of the regular meeting of September 6, 1955, be approved. Car- ried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays:, Jensen. RESOLUTION NO. 6490 was read, granting a special zone variance Permit to Joe T. Grounds for the purpose of operating an up- holstery shop on the rear portion of his property in an R-2� zone. Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present vot- ing aye. '''SOLUTION NO. 6491 etas read; approving and ordering the is- suance of a permit to Sweetwater Union High School Mstrict to construct and maintain driveways on Granger Avenue, south - of 20th Street. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council pre- sent voting aye. RESOLUTION NO. 6492 was read, approving an agreement by and between the City of Notional City and C. S. Johnson, doing business as the Street Poster Service, for placing advertis- ing trash cans in National City, and the Mayor is authorized- and directed to execute the same for and on behalf of the City. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present vot- ing aye. RESOLUTION NO. 6493 was reads approving the certain agreement by and between the City of National City and the National City Chamber of Commerce for erection of a 1955-1956 float, and the Mayor is authorized and directed to execute the same for and in behalf of the City. Moved by Heck, seconded by Hol- lingsworth, that the Resolution be adopted. Carried, by the_ following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Councilwoman Jensen refrained from vot- ing. RESOLUTION NO. 6494 was read, adopting the salary schedule marked "Salary Schedule 1955-56 as Amended September 27, 1955. Moved by Hollingsworth, seconded by Heck,_that the Resolu- tion be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None. Council- woman Jensen refrained from voting. ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIO*NAL CITY REGULATING THE INSTALLATION AND RE2MOVAL OF'FACILITIL'a FROM PUBLIC STREET BY PUBLIC UTILITY COMPAATI^S", was presented for the first reading.and read in full. ORDINANCE NO. 891, "AN ORDINANCE OF THE CITY OF NATIONAL CITY 9/27 76 REGULATING THE' KEEPING OF RI' DS ANT) ANIi%iALS", was presented for the.second and final reading, and read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be Adonted. Carried, all the Council present voting aye. ORDINANCE NO. 892, "AN ORDINANCE OF THE CITY OF 1ATI0NAL'CITY AMT+:*TT)ING ORDINANCE NO. 750 BY ADDING THERETO SECTION 4,8 , PROVIDING -A IEZONING OF "McCORMPCK ANNEXATION", was present- ed for the, second and final reading, awl...read in full. Mov- ed by Hollingsworth, seconded by Jensen, that the Ordinance be adopted. Carried, all the Council present voting aye. ORDINANCE NO. 893, "AN ORDINANCE REGULATING THE CONSTRUCTION, MAINTENANCE, SANITATION AND CONDUCE' 0^ TRAILER PARK IN THE CITY OF NATIONAL rITY, CALIFORNIA", was presented for the second and final reading. Moved by Heck, seconded by Hol- lingsworth, that the reading of the entire Ordinance be waived. 0arried,,all the Council present voting aye. ORDINANNCE NO. 893, "AN ORDINANCE REGULATING THE CONSTRUCTION, MAINTENANCE, SANITATION AND CONDUCT OF TrAIL?R PARKS IN THE CITY OF.NATIONAL'CITY, CALIFORNIA", was -presented. Moved by Hollingsworth, seconded by Heck, that the Ordinance be adopted. Carried, all the Council present voting aye. REPORT OF THE PLANNING COPf4ISSION was read regarding Arnl2ca- tion for Conditional Exception No. 534 signed by Dalton J. Baker relative to property at the Northeast corner of llth Street and "R" Avenue. It is requested that the side yard setback be changed from ten feet to five feet and approved by the, Planning Commission. Moved by Heck, seconded by,Fess- man, that the Planning Commission's recommendation be sus- tained, and the Attorney prepare a Resolution. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Jensen, Hodge. Nays: None. REPORT OF THE PLANNING COia SSION regarding petition signed by L. Wendell Hesseltine relative to the, Northerly 850 feet of rortion of Quarter Section 106, was read. Petitioner is requesting a zone change from R-l-A,-R-2 and C-2 to a C-3. zone. The Commission recommended this application be accept- ed with the nrovisio that it be for C--2 usage instead of C-1 usage. COtiNCILL.rOMAN HOLLINGSWORTH stated it is her opinion that 850,feet along Harbison Avenue is too much zoning for business, that she did not think Harbison Avenue ;should go for strin zoning for business. 'le need more R-1 usage in National City. COUNCILMAN HECk concurred with Hrs. Hollings- worth. Moved by Hollingsworth, seconded by Heck, that the hearing on the proposed change be set for November 1, 1955 At' 9:00 A.M. Carried, all the Council present voting aye. REPORT OF THE PLANNING COMMISSION regarding Application for Conditional Exception No. 535 signed by Frank T. Scott, was read, relative to the Northwest corner of 28th Street and "G" Avenue. Petitioner needs a four foot rear yard and a fourteen foot front yard in the rear of 643 E. 28th Street. Said property is located in an R-2 Zone, however, R-4 Prop- erty exists across the street on 28th Street and "G" Avenue. It was the recommendation of the Planning Commission that the arrlioation be denied. ADPEAL SIGNED BY FRANK T. and ALMA B. SCOTT was read stating they are requesting a zone variance on their property which was denied by the Planning Commission. Moved by Heck, seconded by Hollingsworth, that the hearing be held November 1, 1955, at 9:30 A.M. Carried, all the Council present voting aye. 9/27 77 REPORT OF THE PLANNING COMMISSION was read relative to a communication from the Paradise Valley Sanitarium and Hospital reouesting that the new zoning map include Lots 4, 5, 6, 8, 9, 10, 11 and 12 in Block 4 of Sanitarium_.Plaee, and a parcel on the northeast corner of the intersection of 8th Street and Sanitarium Avenue, 300 foot square, be zoned ae,Restricted Commercial. Also two 'verbal requests received regarding the proposed zoning between Coolidge and Hoover Avenues►, south of 24th Street, and the extension of the C Zones privileges on 18th. Street East of Highland Avenue at approximately "I" Avenue. It was the recommendation of the Commission that the official zone Map, before adoption by the Council, be changed as follows: R--C extension from Highland Avenue to just east of "L" Avenue on both sides of 18th Street, revision of the zone pattern as requested in the letter from_the Paradise Valley. Sanitarium. and Hospital at the intersection of East 8th Street and. Sanitarium Avenue, end for the correction of the M-2 Zone line south of 24.th Street bet*=Teen_ Coolidge And Hoover Avenues. COUNCILi'AN HECK stated the Planning Commission has already turned the land use map over to the Couhcil and he did not think there should be any further considerations for further changes and the matter should now be discussed by the Council. With regard to the matter of the Paradise Valley Sanitarium having their property changed to R C zone he did not think that would be feasible -at this time. Their property is tax exempt and for that reason we should not up grade the property. Also we should not make R 0 zoning on both sides of 18th Street, that it remain as R-3. COUNCIL -- WOMAN HOLLINGSTrORTH stated that strip zoning along any street is bad planning, and the map should stand as present- ed. COUNCILWOMAN JENSEN stated she is in accord with Mr. Heek and Mrs. Hollir..getiorth that she is oo',osed to strip zoning. Moved by Hollingsworth, seconded by Jensen, that the recommendation of adding these to the zone and use map . already adopted by the City Planning Commission be not sus- tained. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Jensen. Nays: Hodge. REPORT OF THE PLANNING coAmZSSION was read regarding the re- quest from G. w, Hamilton, authorized Chevrolet dealer, for the closing of the alley adjacent to `,moots 1 through 10 and Lots 17 through 22, Block 20, City P:'_.:.t, ch is located between 19th e.nd 20th Streets. It *.as 'L.h.3 recommendation of the Planning CommIssion that the entire alley. in block 20 be closed. Moved 1:, Hollingsworth, seconded .bHeck, that the Planning Commi LcnTs recommendation for closing of the alley be sustained; and. that an ordinance be prepared. C0UYTCIL- T,TOpRAN JENSEN stated she is very much o, r oeed. to closing alleys particularly bend business property. J71.4 1E TURNER, 2701 Highland Avenue, was present and stated site realizes how valuable an alley is,to any business and she is opposed to the alley being closed. Motion lost, by the following vote to -wit: Ayes: Heck, Hollingsworth. Nays; Fessman, Jensen, Hodge. Moved by Fessman, this be held over until the next meeting. Motion died for lack of a second. REPORT FROF CITY PLANNEt T'AGNER was read regarding the lay- out of proposed location of interchanges from Division And Eighth Streets to Fourth and Tenth Streets for the proposed new San Diego Freeway in,National City. It, is requested that the Council, after study of this proposal, arrange A meeting with Mr. Deckeme, District Engineer, at **doh time a request be made that his office prepare a detailed study of the proposals, with a view toward the relocation of the 9/27 78 interchanges as hereby recommended. CITY i;ANRGPR BIRD stat- ed this matter is quite controversial and all parties con- cerned have not come to an,agreement. It is the Manager's recommendation that the agreement not be signed until such a time as we are in accord, and that we have a meeting with Mr. Deckema. Moved by Hollingsworth, seconded by Jensen, that the City Manager be empowered to arrange a meting with Mr. Deckema and the Council at the earliest possible time, and also with the provision that no agreement be sign- ed until we have come to a decision as to where we want the on and off ramp in regard to the Freeway going through Nation- al City. Carried, all the Council •resent voting aye. COMMUNICATION FROM CIVIL SE''VICE CO19ISSION was read, sub- mitting the following names for consideration in filling the vacancy on_the Commission which occurs October 1, 1955 with the expiration of the term of Cecil Allen: C. M. Meech; M. P. 1oeser; Joe Ramos, Jr. Moved by, Heck,,secondea by , Jensen) that IvTilton P. Moeaer be appointed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. RT1DORT FROM THE CIVIL SERvICE COM?'FISSION was read, submitting a job specification for Police Lieutenant. If annroved by the Council it will be automatically included in the position - Classification Plan of the City. Moved by Heck, seconded by Hollingsworth, that the Civil Service Commission's recommenda- tion for Police Lieutenant be approved. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Councilwoman Jensen refrained from v ot- ing. ATTO/T Y CU'RAN reported that the trial of the suit of Frank Hynum against the City has been reset for sometime in Nov- ember. ATTORNEY CURRAN stated in the matter of the suit brought by Mr. Thibodo against the United States which National City and the County of San Diego are also interested because of certain money received from the Federal Government, a rul- ing has been issued setting aside stipulations which per- mitted payment by the Federal Government of certain sums to the City. It may be that there will be further litigation in which the City may have to participate. ATTORNEY CU'RAN retorted that he attended a meeting September 7th with the. Public Utilities Commission at which time the proposed rule which the Dublic Utilities Commission on its own motion held hearings on it as to whether or not certain standards of service for water utilities shoUld be adopted. The rules pertaining to filter systems is of interest to National City. Also it was brought out at the hearing of the nroblemof subdivisions and the /Droner installations of utilities in subdivisions. We have a preliminary re- port from Leeds, Hill & Jewett in regard to the survey being made regarding the feasibility of the South Ray Irrigation District and National City taking over the facilities of the California Water & Telephone Company. The report states that analysis of the data and information available has not led them to believe that nubile ownership of the Sweetwater District of the California Crater & Telephone_Comhany is not advisable but they have not reached any conclusion as to the economic feasibility of the purchase of the physical works of the Sweetwater District of the water Comrany. The matter 9/27 79 will be continued to be studied by the engineers. CITY AT'O?NE'Y CUP..PAN reported in regard to the request of the San Miguel School requesting they be granted a waiver of the annlieation fee for a conditional exception. Upon exa.nina- tion of the Ordinance, the City Council did not reserve the right to grant any such waiver to anyone for such nurnoses, therefore the filing fee will have to be paid by Ian Miguel School. ATT0BNEY CU'pAN stated in regard to claims which have at various times been referred to the City Attorney and other timEe to the Insurance Carrier, so there will be no question in the records, it is his recommendation that the Council make a. motion rejecting claims in their entirety, of the following claims: Arminda Andis; Mary Wasinski; James Klemme; Hrs. bean Haft; V. L. Brower; and Mrs. Anne Mosley. Moved by Heck, seconded by Fessmen, that the City Attorney's recommendation be approved and the claims he rejected. Car- ried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hodge. Nays: Hollingsworth. ATTO BEY CU'RAN reported on the nronosea dedication of loth Street through the South Bay Plaza.. The matter arose be- vause of the request for a zone variance as to that portion of the South Bay Plaza which is north of the present street we call loth Street, but which is not a rublic street. The ^lanning Commission thought it would be advisable to nro- vide a dedication of dtreets. The question as to sidewalks was under discussion, and it was determined that a five foot sidewalk which is required by ordinance mould not be requir- ed. There is a question as to the width of the right of w .y which is being offered to the City, and in view of all the circumstances it appeard to the Attorney that rather than getting into noseible future contention regarding whether or not there are sidewalks, that the interest of the Public would be best served if instead of the original right of way which was contemplated, which goes beyond the curb line of the Area As it stands now from curb to curb be accepted as a Public street. It has not been suggested to South Bay Plaza by the City Attorney, but he would like to make that recommenda- tion that the City Manager be authorized to ascertain whether or not south Bay Plaza would care to withdraw the dead they have presently tendered And present a new deed which simply would dedicate As n nubile highway the actual are which extends from curb to curb. There then would be no problem regarding sidewalks and possible liability on the City. COUNCILEAN ^FSS{'AN stated he is definitely onnosed to any accerstance of that street without sidewalks. Also that a sign should be posted stating that it is private property. Moved by Hollingsworth, seconded by Heck, that this !natter And the recommendation of the City Attorney,be taken under advisement and be held over until the meeting of ectober 4.th. Carried, all the Council present voting aye. PILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund a14;702.57 Tre.ffic Safety Fund 1i585.90 Park M & I Fund 534.82 Retirement Fund 2,2L44.28 Trust & Agency Fund 10.00 Special Street Fund 7;6,85.8, Payroll Fund 2 0 TOTAL '1521469.36 9/27 80 Moved by Hollingsworth, seconded by Heck, that the bills be ernroved for payment and warrants ordered drawn for same. Carried, by the following vote to -wit: eyes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. BUSINESS LICENSE ORDINANCE wA.s presented. Moved by Heck, that this matter be deferred until the next meeting. Motion died for lack of a second. CITY MANAGER BIRD read a report from the City Treasurer with reference to business lioenae recommendations. One of the recommendations was that each and every person engaged in business in the City of National City without haveing a fixed and established regular niece of business within said City shall pay license fee of one hundred percent greeter than the license fees prescribed in this ordinance or the amendment thereto, for such type of vending vehicle. CITY MANAGER BIRD stated at the pre- sent time there has not been a motion authorizing or or- dering the City Attorney t6 prepare this ordinance. Such a motion would be in order. CITY MANAGER BIRD stated his re- commendations would be to place in the body of the ordinance only that whioh is necessnry. Some of the recommendatione are pertinent and should be in the ordinance and others are the mechanics of it. That portion which states that for every person owning, oper?ting, managing or controlling any mobile equipment, such as trains or tractors, shall pay a license fee of 115.00 for each piece of equipment, is not equiteb;.e, is not proper, for this reason: A general cor!- tra.ctor doing business within the City and has a business license, a piece of equipment such a train or ditch digger or anything of that nature is just as much a part of his business for which he has a business license as A showcase or extra showcaserin a store. The question of the service chrtrge_for the I D card on the wetter of Interstate Commerce is good, RS to its legality, that is a question for the Attorney to answer. There hA.ve been other recommendations which have been made by the Council, the one year time from time starting date to ending date as one full period of A year; also the corrected situation which eras agreed uren that proper notice be sent and thet the License Collector would Accent and grant that thirty day period which we discussed and agreed upon, which will SA incorporated in the ordinance. Moved by Hollingsworth, seconded by Jensen, that the ordinance be referred to the City Attorney for preparation. MR. ANDERSON representing the Munici»a1 License Tax Association, was present and offered some suggestions for the CounoilVs consideration. COUNCILMAN HECK stated he also questioned the one hundred percent fee which is now in the ordinance. CITY MANAGER BIRD stated it wr.e his uhderstanding that a special ordinance was to be set up controlling the Peddlers, etc. and not place it in the Business License Ordinance. Motion carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. BOND ISSUE FOR STRE"T IMP.ROVEMENTS wee presented. COUNCILMAN HECK stated he thought that the City Council should set ur by motion a bond issue for improving our unimproved streets, to be on the April ballot. COUNCILx'UM JEANSEN stated she would approve a bond issue if it is for all streets, Prot eny particular street. COUNCILMAN FE4SMP.1\? stated the only bond issue he would be in favor of is one that would be large enough to take care of every street. loved by Jensen, that the City Engineer bring in a feasibility report and_ give an estimate of what this would cost. COUTTCIL 0!".AN H01. LIIATGST•rORTH stat =d that our former City Engineer, W. le r- 9/27 81 wick, made survey of the deficiencies of the streets in National City and it was over 12,000,000.00 worth of de- ficiencies. Mrs. Hollingsworth stated she would go along with the idea of bond issue if she thought that it would carry, and she is not objecting to placing it on the ballot, but when the facts are known she is Afraid that it would not carry. JENNIE TURNER, 2701 Highland Avenue, was present and stated we should take pride in building up our City and im- prove the streets. MRS. KODISH, 2107 "_." Avenue, was pre- sent and stated she believed the taxpayers would go ?long with a bond issue if they felt sure that all streets would be improved at no further cost to the home owner. Motion seconded by Heck. Carried, all the Council present voting aye. BOND ISSUE FOR HIGHLAND AVENUE IMPROVEMENT was presented. COUNCILMAN HECK said he believed the previous motion just passed would embrace the improvement for Highland Avenue. The cost will be stated by the City Engineer. MAYOR HODGE stated this is a matter of the widening of Highland Avenue. COU^;CILMAN HECK suggested this be done by a 1911 Act Im- orovement. ED VADEN, 2015 "D" Avenue, was present and stated that the people in his area would like to get some street improvements which would be of a temnorary nature. Twelve_peonle deposit- ed the sum of 1200.00 to get some tyre ofimnrovement that would alleviate the dust and mud problem. The area involved is 20th Street between "C" and "F" Avenue. COUNCILMAN HECK stated the' policy established by the Council prevents tem- oorary measures. The property ownera should circulate a petition for a 1911 Improvement Act and out in permanent tyre improvements. MR. VADEN stated he was in agreement but is afraid the property owners would not be willing. COUNCILi+''AN FESS'i4N stated he was in accord with Mr. Heck in this matter, that a permanent tyre of improvement should be rut in. COUNCILMAN HECK stated he thought the question at this time is the refund of 1200.00 to the property own- ers. CITY T'.EASURER HOLGATE stated it is necessary for the people who deposited the money to make a written request to the City Clerk for a refund. GERALD FLICK, 515 L. 20th Street, was present and stated in the lower end of 29th Street the, street has been oiled and asked the position of the Council and the City Attorney on oiling the street themselves. CITY MANAGER BIRD stated that in regard to the request of Mr. Vaden that at the time the 1200.00 deposit was made it was made based on the estimate of the Supt. of Streets for a dust laid job. 'The street in question is a street which is only an Alley, A. half street. At one time it was oiled under a previous policy. Mr. Bird stated - that when he found out it was merely a_penetrating job he advised them not to spend any money. They asked if they could oil the street and he advised them of the Council's policy in relation to an oiled street and the 1911 improve- ment act was suggested, The streets a.re the nro.;serty of the City, therefore anything done anon those streets must be done with the iermission of the guilt. of Streets, and Ps the Council has established P. policy that there should be no oiling of streets the Supt. of Streets cannot give per- mission. FLORENCE UZUIECKI, 524 "I" Avenue, was present and asked if Highland Avenue will not be considered on the bond issue. CITY ENGINE'^R LILL stated he will make a report which will 9/27 82 include Highland Avenue, showing the cost of reeving on the existing street plus the cost of widening. A recess was declared. The meeting was called to orcer by Mayor Hodge. Council mem- bers present: Feasman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. MAYOR HODGE asked that discussion on the zoning ordinance or the ?batement clause of the ordinance be taken un at this time. HR. RUBIO, 1729 Cleveland Avenue, was present and stated he and a number of the people in his area would like to have the abatement clause explained. MAYOR HODGE stated A ten year abatement clause means they the, prep will be zoned an industrial manufacturing area, '.nd'during that ten year there will be no improvement on homes, no permits issued for the building of new homes, anertments or dwell- ings, and_in ten years the tenants will be recuired to move and the entire area will be a manufacturing area. MR. ''UBIO stated they are not against industry coming in but they do not want to have to give un their homes. JENNIE TURNER was present and stated she thought the people should be advised they cnn still live in their homes end even an abatement clausecannot dispossess them of their rronerty. COUNCIL- WOMAN JENSEN stated she would never ^gree to an abatement clnuse. COUNCILMAN FESS'_'AN stated a person does not have to sell his nronerty but after ten years it is intended that it not be used for residential uses. There is a provision in the nronosed ordinance which specifies that if the property has not been sold and utilized for industrial purposes the owner could go to the Planning Commission a-nd City Council and get a zone variance or extension of time. National City is in need of nn industrial wren and one cannot be developed until the houses are moved out. Moved by Jensen, seconded by Hollingsworth, that the abatement clause be omitted from the zoning ordinance. CITY PLANNER vAGNER stated that the newer zoning ordinances do have abatement clauses, the reason being that nonconforming uses declared in zoning ordinances either are Allowed to continue indefinitely or they must cease at some tine. With respect to the present ordinance under discussion if abatement clauses are included in the ordinance they will of course refer to nonconforming uses and nonconforming uses only. The mein point in question is that the Planning Commission's recommendation declared exist- ing residentie.l in the industrial zone nonconforming. If that particular nhase of the ordinance is the point that is objectionable rather than do away with abatement of noncon- forming uses within a, specified time which would control nonconforming uses in any hart of the City the sir-ndlest wry probably mould be to declare in the industrial zone existing residential as conforming. The Planning Commission's recom- mend.etion in the once of commercial zones declares existing residential as conforming, they are not subject to abatement by reason of their being there. It declares that no new tesidentinl construction shs+11 be remitted on the ground floor. The Planning Commission wished that the existing residential and industrial zones be declared nonconforming and thereby subject to the abatement clause. LEA: 'X)RGA! , 1216 E. 18th Street, was present and stated as a member of the '1anning Commission, end it wee his thought, And that of most of the Commissioners, to declare this nonconforming, will definitely raise the value of the property in that aren. and give the neonle a chance to trade their property where 9/27 83 they now live for a modern home in a good residential district. COUNCILMMAN HOLLINGITTORTH stated she thought that instead , of omitting the abatement clause the Ordinance should state that residence; in the industrial zone are not nonconforming, which would mean that there would be no Pbetement clause for eny of those ;neoale but it would keep nonc©nforming usrtge in the 1pnguage of the ordinance where there wee a nuisance vi1ue that could be found. Motion carried, by the following vote to -wit: Ayes: Hollingsworth, Jensen, Hodge. Nays: Fessmen, Heck. Moved by Fesaman, that this clause be in- serted under Section 3.23 and 22 for M-1 and M-2 zones to prohibit tny further residential construction in those zones, and that some-,rovision be included to prohibit major improvements such 4a adding on four or five rooms on a two or three room h'use. Councilman Fessmen withdrew his motion. Moved by Hollingsworth, seconded by Fessmen, that the items mentioned by everyone go to the Attorney for nreonretion. Carried, by the following vote to -wit: Ayee: Fesaman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. ADDENDA to 1911 ACT '" TITION for "A" Avenue twee presented and referred to the City Engineer. GRANT DE7D from MARIE and nPE'RT INGLE wits presented and re- ferred to the Planning Commission. COMMUNICATION FROM CALIFORNIA-t-eTITE'RN STATES LIFE INSURANCE COI ANY was presented. Effective October 1st the premium will be two cents higher. (ITY CLEiC ALL,STON stated the last time they raised their premium, half of it Tees Absorb- ed by the City_end half by the employee. Mrs. Alston sug geeted this be referred to the City Mnnager, City Attorney, and the Employees Association. DETITION FOR 1911 ACT ON "K" AVENUE F0"r< 23RD TO 24TH STREET wag presented end referred to the City Engineer. A^PLICATION TO 7crVE A BUILDING by Guateve Dietrick wee tire= sented. The building is to be moved from 1205 Euclid Ave., Sean Diego to 1415 E. 16th Street. REPORT OF THE BUILDING DEPT. and BITY PLANNER "AGM' were reed. COtYNCILvOMAN HOLLINGSNO?TH asked the City Manager if there is Any aos- aibility for a sewer connection in that area. CITY MANAGER BIRD stated we will have figures from the Engineer's office tomorrow showing the cost of the extension of a sewer in the ?rem, and r'e will nrovose a. seweP extension from "N" Avenue eest. Moved by Jensen, seconded by Heck, ths_tt request be granted in accordance with the recommendations of the Build- ing Deot, and the Manning Dept. OArried, by the'following vote to -wit: Ayes: Fesaman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. REQUEST FOR REFUND ON SALES TAX by Lucille R. 'ileon, was ,resented. It is recoMmended by the City Treasurer the,t a refund of '1,0.50 be made. Moved by Hollingsworth, seconded by Heck, thPt the refund be granted. Oarried, by the"foilow- ing vote tof wit: Ayes: Fessman, Heck, Hollingsworth, Jen- sen, Hodge. Nays: None. COMMUNICATION "ROM GENERAL DAVIS wee read, submitting his resignation ¢ts President and member of the, National. City" Library roard, effective September 7, 1955, due to Hthe fact he has moved from National City. Moved by Hollingsworth,seconded by Fessmen, that the resignation be accepted with regret, and that a letter be sent expressing our Reereoietion 9/27 8� for the time General Davis spent on the Library Hoard. Car- ried, all the Council present voting Aye. COT/FUNICATION F tOM ELLEN BA"DER, LIBRARIAN recommending the following names to fill the vacancy on the Library Board; Duane Hawkins; Kenneth Owens; Rodney Smith. Moved by Heck, seconded by Hollingsworth, that Rodnep Smith be nnnointed to the Library Board to fill the unexpired term of GenerR1 Davis. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. PETITION for street lights from 13th to 16th Street on Ianoitan Avenue, was presented. Moved by Hollingsworth, seconded by Heck, this be referred fo the 6ity Manager for cost to the City endfessifiility. Carried, by the following vote to -wit: Ayes: Fessman, Sock, Hollingsworth, Jensen, Hodg-. Nays: None. REO,U!ST FOR REFUND ON BtTSINESS LICENSE by Sedgwick C. Hamby wee *resented, which ha -+ .d been aproved by the City Treasurer for ".2.50. Moved by Heck, seconded by Hollingsworth, that the refund be allowed. Carried, by the following vote to - 'it: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMTTUNICATION FROM REV. TENNIS H. FRANC^S was read requesting nermiaeion to place some directional signs for the Foursquare Church et l6th And "B" Avenue. Moved by Hollingsworth, se- conded by Jensen, this be referred to the Trrffic Safety Committee. Carried, R11 the Council present voting aye. COFliNICATION FROM TAXPAYERS AS1OCIATION was presented, re- garding Council meetings, employees living in the City And insurance, of T *hich each Council member has a, cony. After some discussion, MAYOR HODGE ordered the coemOnioa.tion filed. COMMUNICATION FROM L. J. DITTSER was presented. Council mem- bers were furnished conies of this letter, which is also in regard to employees living within the City. Moved by Hollings- worth, seconded by Heck, that the communication be filed. Car- ried, R11 the Council present voting aye. NOT/CV FROM CORPS OF'A MY ^NGINETRI regarding survey report on Lae Chollas Creek, was presented. There is to be a. hear- ing in "'eshington, D. C. Rnd communication to them should be mailed on or before October 6, 1955. CITY TANAGER BIRD sug- gested this be referred to the City Engineer. Moved by Hol- lingsworth, seconded by Heck, that the communication be re- ferred to the City Engineer. Carried, all the Council pre- sent voting. aye. BOND FROM CLARENCE & LETA 'IHTLAN to move a house was presented and referred to the City Attorney. REPORT FROM CITY TRTA9URER for month of August, 1955 was pre- sented and ordered filed. CON'4U^TICATION FROM CHATTIER OF COMMERCE was ±,resented, urging the disposal of Olivewood Housing. The communication was or- derer? filed. REPORT FROM CITY ENGINEER LILL was read listing the City En- gineer's calculations of the five bids received for the doing of the T•ror!: for the improvement of "K" Avenue between 18th and 9/27 85 21st Street. R. '.'Hazard Contracting Comn ny is.the lour bidder, bidding '18,871.89 for material -nd labor, which is 'It586.9 less than the engineer's estimate material and labor for this improvement. The bids received were as follows: R. E. HAZARD CONTRACTING CO""ANY, 118,871.89; DAL"Y CO?^- OpA 'IrN , 119 , 038.46 ; V. R. DENNI S " CONSTRUCTION CO? TaANY 119, 785.11; GRIFFITH C6TT"'ANY, ';20 ,143.16; E. H. GOLDEN CON- STRUCTION CO1 'ANY, ? 21,208.94. The Engineer's estimate for material and labor was 119,458,48. Moved by Heck, seconded by Hollingsworth, that the low bid be accented and that the Attorney nre'a--e a resolution of award of the contract. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMMUNICATIONS FROM vRS. T..'ABvIN L. RUDE were read. Mrs. Rune is Recreation Committee Chairman of the Central School P. T. A. and she expressed her annreciation for the well organized recreation program for the child=_ -en and the prog- ram of swimming instructions sponsored by the City. The communications were ordered filed. RERO?T FROM STATE CO"•"'^ESSATION INSURANCE rU"D for the rer- iod January._l, 1955 to July 1, 1955 was presented. During that period total compensation of `"1,005.00 and total med- ical expense of '1,115.00 were paid to City Employees. CITY CLERK ALSTON asked that this be referred to the City Manager and the Employees Safety Committee for study. BULLETIN ON 'rESTERN GOVERNMENTAL RESEARCH ASSOCIATION CON- FERENCE was presented. The Conference will be held in flan Dingo on Thursday and Friday, September 29th and 20th. ANNUAL RERORT OF IAN DIEGO COUNTY wATTB AtTTHOPITY was present- ed, and ordered filed. CITY PLANNER /.TAGNER. exrressed his anrrecintion for being al- lowed to attend the League of California Cities Convention in San Francisco. CITY MANAGER PIRD stated we have a notice by the lessee of intention to renew lease on the tidelands by the Can Diego Transit-i'iixed _ Concrete Company. They are ta''ing advantage of the option in their preseitt lease with the City. It is requested this be referred to the City Attorney for study and n report. CITY i'TANA^.-E"' BIRD stated he would like authorization from the Council to sign an application for average rate on multir,le location of buildings and equipment. This in connection with our insurance which we carry at the present time and by sign- ing this, as requested, we will perhaps get s, fifteen per- cent reduction. Moved by Heck, seconded by Jensen, that the City Manager's recommendation be allowed. Carried, by the ' following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD stated that since we have terminated the Aztec Lumber Company's lease and following the directives of the Council we have asked for offers 6o lea.se that par- ticular piece of tidelands. Mr. Bird stated he had tT,ro sealed bids which he would. like permission to open. Bid of COHEN LUBBER CO BANY was opened stating they will nay n110.00 per month for the first five years and an option for the fol- lowing five year at "120.00 per month if the general bus- iness conditions warrants the increase, if not the rent re- 9/27 86 mains at '110.00 per month. Bid from NATIONAL DRY KILN & "ROCESSING CO}'ANY was opened stating they offer a rental payment of three cents per foot per year the first five years. Mr. Bird suggested this be referred to the City At- torney and management for a report on the bids at the meet- ing of October 4.th. Moved by Jensen, seconded by Fessman, that this be referred to the City Attorney. Carried, all the Council present voting aye. RETORT FROM THE CITY ENGINEER, regarding the supplemental petition for the improvement of "A" Avenue from the center- line of 21st Street to a point 394 feet northerly of 20th Street and on_20th Street from the centerline of National Avenue to the centerline of "B" Avenue, wag -read, stating it has been determined that the owners of 63%of the fronj tage requested the improvement. Therefore, it is recommend- ed that the petition be presented for Council Action, and the rngineering Dept. be ordered to prepare a feasibility report on this project. Moved by Heck, seconded by Hollings- worth, that the City Engineer prepare a feasibility report. Carried, all the Council present voting aye. COMMUNICATION-FROMCOMMUN/CATION-FROM COUNTY HEALTH DTPARTME1!T was read stating that the present County ordinances requiring County health permits for health regulated businesses require an annual payment of a _fee but do not impose a penalty for payment of delinquent fees. Each year considerable staff time and expense has been incurred for securing payment of the de- linquent fees. It is the Department's feeling that a pen- alty -fee would materially reduce the delinquency. A draft of the proposed County ordinance adding a penalty for pay- ment of delinquent public health permit fees is attached. CITY MANAGER BIRD stated that we have a contract with the County of San Diego to take care of our health situation. The basis of that contract is that we adopt similar ordi- nances to theirs otherwise they will not enforce our ordi- nances for us. It is suggested that th.e_matter be referred to the City Attorney. Moved by Jensen, seconded by Fessman, that it be referred to the City Attorney. Carried, all the Council present voting aye. RESOLUTION NO. 64.95 was read, approving and_ accenting the rn- gineering Department Specifications No. 505 for the Having and resurfacing of "D" Avenue from 10th Street to 24th Street, and the City Clerk is authorized and directed to advertise for bids for the same, and that bids #received are to be publicly opened and read aloud in the office of the City Clerk at 3:00 P. M. on October 17, 1955. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. JWN^TIE TURNER was pre sent and asked who was paying the bill for the having of "D" Avenue. COUNCILWOi A ? HOLLIN'GS'4ORTH stated this is maintenance work to save a street that was nut in some time ago. It is being paid for from the ''10,000.00 a month which the Council allocated from the Housing as set un in the budget. CITY "MANAGER. BIRD stated he would like permission to encipher `1.500.00 for the purpose of tests on 24th Street. This is a request of the Engineering Dept. Moved by Hollingsworth, se- conded by Heck, that the request be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. 9/27 87 COi'MUNICATION FilDM GOVERNOR KNIGHT was read regarding Safe Driving Day. Beginning Nov. lst there will be a 30 day per- iod of intensive public education during which all types of organizations will have an opportunity to join the great co- operative undertaking for the purpose of demonstrating that traffic accidents can be reduced materially when all motorists and nedestrians.do:their part. It is requested that all Mayors designate a local S. D. Day Director to lead the cam- -aign on local basis. Moved by Jensen, that this be referred to the Traffic Safety Committee, Motion died for lack of a second. CITY MANAGFH BIRD stated he had n resort as requested by -the Council in relation to exaense of the floor in the Polled Dent. The cost would be ameroximately e;400.00. Mr. Bird said he would like to suggest that ..900.00 be transferred from the Unapiropriated T?eserve to the Maintenance and Im- nrovement "wilding Fund. 'ale are not only taking care of this particular item but also the problem of getting heat in the Engineer's office. It is estimated it will take approximately 900.00 to do the two jobs. Moved by Heck, seconded by Hollingsworth, that t900.00 be transferredfrom the Undpprop1,iated Reserve to the Maintenance and Improve- ment Building Fund. 'Carried, by the following vote to -wit: Ayes: Feasman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. RETORT F'0i THE TRAFFIC SAFETY COMMITTEE was read. The traf- fic accident report on Highland Avenue was presented and it was brought out by this report that the accident rate per vehicle per day on Highland Avenue is higher than on National Avenue. After discussion including a complete review of these facts and the traffic flow charts, the committee felt that something must be done to help the situation. The com- mittee voted 5c on record that something must be done and that the peop7_e businesses on Highland Avenue be noti- fied of our intentions. It was decided that a night meeting of the Traffic Safety Committee be held, open to the public, discussing and reviewing the problems associated with High- land Avenue. No decision is to be made at this meeting. Tentative date of the meeting vas set for Tuesday, October 4, 1955 at 7:30 P.M. in the Council Chambers. CITY MANAGER RI7D stated he would like to request, If tb.e Council accents the report of the Traffic Safety Committee, that the hall be made available as of that date. The report further stated that it was felt that whatever decision was made on the Highland Avenue problem would have a bearing on the necessity of restricted par':ing on the south side of 8th Street from "G" to "I" Avenues., Tc was recommended that the p'ngineering Denertmentis tentative layout of the cha.rinelization of 8th Street at palm A?e:.L:s 'Pe adopted. It was, called to the atten- tion of_ the committee that four Duro-Test Traffic lights have been given_to the City for testing purposes and the committee felt they should'be installed at 8th Street and Highland Ave- nue for the test, Moved by Heck, seconded by Hollingsworth, that the City Manager be empowered to obtain the Council Cham- bers for the meeting October 4, 1955, at 730 P.M. Carried, all the Council present voting aye. 7,70LUTION MO. 6496 was read, transferring from'the General Fund to the Special Drainage Fund the sum of';6,580.66 for collection from July). to September 26, 1955, inclusive. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Couhcil present voting aye. 9/27 88 CITY ?ANAGER 'I?D stated he would like to meet with members of the rina_.nce Committee to discuss the epeeding ur of the 1911 Act ',rojects and ocher similar City businesses. The meeting was set for 2:1O p.I!. , wednesday, September 28th. CITY MANAGER BIRD asked if the Council wished to set a. date to meet with Hr. Deckema to discuss the nhoosed Freeway. It was decided to hcld the meeting October 6th at 2:00 P.M. in the Library conference room. 117S0LUTION TTO. 6497 was read, awarding the contract for "K" Avenue between 18th and 21st Streets to R. E. Hazard Contract- ing Company. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting ay4. CITY AmTO'NTEY CI R.AN stated he had the ordinance pertaining to meetings of the Council ready for introduction. ORDINANCE NO. , "AN ORT)INANCE AYE'rTT)ING ORDINAATCM NO. 716 - OF THE ORDINANCEq OF TH', CITY OQ' NATIONAL CITY, CALIF- O?rTIA, RY AM ATDING 17CTION 1 OF SAID ORDINANCE, ANT) •S7'57AL,- I"TG O^T)INANCE.859 AND nROvIT)ING "OR TIETKLY HEFTImGt OF THE CITY COUNCIL", was presented for the first reading, and read in full. FLORENCE UZtJt ECKI TAra.s present and asked that the Council re- consider the four daytime meetings of the Council. Moved by Feseman, seconded by Jensen, that the meting be closed. Carried, all the Council *,resent voting aye. Meet- ing closed at 12:12 ".M, ATTT qT: CITY CLERK iti/ AT 77)-2b0p,,421------' MAYOT', CITY OF NATIONAL CITY, CALIFO7.A?T r. 9/27