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HomeMy WebLinkAbout1955 01-04 CC MIN176 National City, California., January 4, 1955 Regular,meeting of the City Council was called or order by* Mayor Hodge at 8:30 A.M. Council members present: Jensen, Parchen, Hodge. Council members absent: ,Heck,,Hollingsworth. , ADMINISTRATIVE OFFICIALS present: Alston, Bird, T•ra.gner, Bailey, Holgate, Curran, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocatioh by Rev. Warriner. Moved by Parchen, seconded- by Jensen, that the minutes of the regular meeting of December 21, 1954, be annroved Carried, all the Council present voting ?ye. Moved by Jensen, seconded by Hodge, that the minutes of the adjourned meeting of December 23, 1954, be approved. Carried, by the following vote to -wit: Ayes: Jensen, Hodge. Nays: None, Councilman Parchen abstain- ed from voting as he was not present at that meeting. REPORT FROM THE PLAAN?ING C0mISSION was read relative to the com- munication received from Peter and Lucile F. Huisveld regarding a proposed street dedication in the 1900 Block on E. l0th Street, approximately 600 feet west of Paradise Drive. This vas referred back to the Planning Commission by the Council for fu:r ther study. It was the previous recommendation of the Commis- sion that the Council accept the dedication as described witr> out the required improvements. Communication from City Engir War? -,rick advised that he has found it is possible to carry thFs portion of loth Street westerly to intersect the existing nor-• tion of loth Street that enters Palm Avenue. However, he does not consider it logical to require that Mr. Huisveld bring his portion of the dedication to an established grade due to the con- ditions of this street and nronosed right-of-ways to the east end west of this property. It was the recommendation of the Plan ning Commission that the City Engineer's recommendation be for- warded to the Council as the Commission's recommendation and that the dedication be accepted, but not be required to be improved at the present time. COUNCILMAN HECK present. Moved by Parchen, seconded by Jensen:that the recommendations of the Planning Commission be adopted, and that the deed be ac— cenfed and referred to the City Attorney for the preparation of the necessary resolution. Car-oied, by the following vote to -wit: Ayes: Heck, Jensen, Parchen, Hodge. Nays: None. Absent: Hollingsworth. REPORT FROM PLANNING COPHISSION was read relative to the exnira- tion of Chairman CroWnover' s term with the Planning Commission, effective January 21, 1955. MAYOR? HOMGE stated we had a policy that when a person term has exrired, that he will be replaced by someone else in order to give more people an onnortunity to serve and suggested that the Council make the appointment at the next meeting. COUNCILWOMAN HOLLINGSWORTH present. REPORT OF THE PLANNING COMMISSION was read stating a memo had been received from the San Diego County Planning Commission re- lative to the recommendation for requesting oil royalty funds to be retained for Park and Recreation purposes, A motion was made, seconded and carried, that the staff prepare communica- tions to the local Senate and Assembly representatives surnort- 1 /4/55 177 ing the Count''Planning CommissionIs action© REPORt OF THE PLANNING COMMISSION Vas read regarding 7eaolution No. 2, establishing procedure for the conduct of meetings, The resolution establishes_,that the second Monday of the month pha11 be retained for regular,business of the Commission, including public hearings on zone variances, zone changes, ordinandes and precise or master plans, also matters affecting street or alley openings and closings and the disposition of general corresnond- ence matters. Meetings held on the fourth Monday shall be served for for long-range planning matter only, unless otherwise de- termined by the Chairman of the Commission with the annroval of a majority of its members. REPORT 0' THE PLANNING C0F iISRION regarding Resolution No 3, was read, reaffirming the Planning Commissioh's support of a proposal to by-pass portions of U. S. Highway 101 and extend U. S. Highway 395 to the International Border. This new State Highway would by -Hass theooastal communities on U. S. Highway 101 North of Del Mar through Sorrento Canyon to U. S. Highway 395 at a point south of Camp Elliott, thence southerly through Murphy Canyon to U. S. Highway south of Chula Vista and located east of the cities of National City and Chula Vista. CITY PLANNER WAGNER reported in regard to the memo received from the County Planning Commission, they have sent letters to Sen- ator Kraft, Representatives and Assemblymen from this area re- questing that the present legislation be maintained with resreot to the disposition of the oil royalty funds. In;'a report frog the County Planning Commission it was •revealed that throughout the State there has been very little done with the money that should be set aside for the development of our beaches and parks; and it is felt that if this money is used for other purposes there will be a complete cut back in the beach and nark development, which is one of our natural assets. Moved by Jensen,_ seconded by Hollingsworth, that the Council go on record as backing the Planning Commission and send the letters as requested. Carried, all the Council present voting aye. CITY PLANNER WAGNER reported in regard to Resolution No. 2 of the Planning Commission it has been felt for sometime that the Commission has been so bogged down with routine business at both meetings that there has not beeEeoe SAcTiet-. .wv o spend on long range planning disnussions. Moved by'HoIlingsworth% that t} City Council go on record as being in favor of this plan. Car- ried, all the Council present voting aye. CITY PLANK 7 WAGNER stated with respect to Resolution No. 3 re- affirming the Planning Commission's support of a nroposa.l to by-pass portions of U. S. Highway 101 and extend U. S. Highway 395 to the International Border, the Commission recommended that if the Council so desires they may approve the action of the Commission. There has been a proposal or discussion, that some of the Council members and some of the staff may wish to attend a meeting this week end in Riverside sponsored by the Three Flags Highway Association, made up of representatives fro! Canada, United States and Mexico, in support of the route, the majority of which is 395 through the United. States, Prior action brought forth the fact that 395 starts in Canada and terminates in San Diego about 20 miles north of the Mexican border, and it is felt that it should be extended as an individual freeway route or State highway to the border. Moved by Hollingsworth, seconded by Heck, that if 7r. i,Tagner desires to attend the meet- ing in Riverside his expenses will be raid by the City. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jen- sen, Parchen, Hodge. Nays: None. 178 COUNCILWOMAN HOLLINGSWORTH requested that'the minutes on rage 160 of December 21st be corrected to read, "10th to 12th Street". Moved by Hollingsworth, seconded by Heck, that the minutes be changed on Page 160, last paragraph, to read: "recommending that Highland Avenue be channelized south of loth Street to 12th Street". Carried, all the Council present voting aye. GEORGE JOHNSON, National Lumber Company, 708 E. 8th Street, was present and stated if Highland Avenue was double lined from 8th to 10th and they would have to push the treks out on 8th Streit and with the traffic there is, it could mean nothing but trouble. The parking on the west side of Highland Avenue does not hurt his business as he, has ample parking facilities. GEORGE JOHNSON, repreeernting the Water Committee, was present and stated the Committee has proceeded to contact prospective engineering and appraisal concerns and they have four possible concerns.- The committee has requested us to send a represent- ative to Dan Francisco to interview these firms as they feel it would be advisable for them to find out the tyre of organization to represent, Mr. Johnson stated it is his recommendation, if the Council sees fit to authorize it, that they be allowed to send Mr. Kerch. COUNCILMAN PA''CHEN as'ped if the Resolution from the South Bay Irrigation District had any bearing on this part- icular matter, RESOLUTION OF THE BOAR') OF DIRECTORS OF THE,SOUTH BAY IRRIGATION DISTRICT was read, giving notice of a regular general election. Moved by Heck, seconded by Hollingsworth, that travel expenses and other expenses be allowed Mr. Kerch to,go to San Francisco to interview the rate consultants. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Pach.• en, Hodge. Nays: None, REPORT OF THE PLANNING COMMISSION was read., regarding application for Conditional Exception No. 506 signed by J. B. Johnstone, 19L0 Highland Avenue. .Petitioner is requesting permission to use the property to sell used building materials and children's playhouses, to he operated by George Young. The commissioners feel that the selling of used building materials would be a form of salvage yard, which is permissible only upon variance in the heavy industrial zone and that the making of children's play- houses would be a manufacturing activity, and an m-3 usage. The Planning Commission recommended that the request be denied. oITY CLERK ALSTON stated that I-"r, Young has filed an anneal. Moved by Hollingsworth, that the Planning Commission's recommendation be sustained, and the application be denied. Motion died for lack of a second. Moved by Heck, seconded by Parchen, that the hear- ing for the anneal on this Annlication for Conditional Exception No. 506 be set for 9:00 A.M., February 1, 1955. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Heck, that the Planning Commission consider in the nronosed new ordinance section regarding anneals, that a certain amount of money, to be determined by the Planning Commission, be set un to cover the expenses incurred by the City on anneals. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that the rider of the Fireman's Fund Indemnity Comnan's Bond No. F 133020 which was referred to him for approval does not show wherein the City would receive any additional protection, it only increases the premium, and re- commended that it be referred back to the insurance Agents Assoc- iation for a clarification. Moved by Heck, seconded by Parchen, that it be referred back to the Insurance Agents Association. Carried, all the Council present voting aye, ATTORNEY CT1 RAN reported"that the Pacific Indemnity Oompanp's Certificate of Insurance, Clerk's Document No. 21123, as nro- 1/4 179 vided for by a lease of Tidelands to Tarter, Webster, and John- son, arrpears to be in order, and recommended it be approved. Moved by Hollingsworth, seconded by Heck, that the Certificate of Insurance be accepted. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays; None. ATTORNEY CURRAN stated in regard to the Certificate of Insurance of B. E. Reid, ClerkTs Document No. 21121 that he can find noth- ing in the Clerkls records wherein any such a certificate is now required, and ask that it be held over until the next meeting DEEDS FROM S0LUTH BAY PRO'sERTIES were presented for acceptance by the City. Moved by Heck, seconded by Jensen, that the deeds be accented and the City Attorney be instructed_ to prepare a resolu- tion. Carried, by the following vote to -wit: Ayes: Heck, Hol- lingsworth, Jensen, Parchen, Hodge. Nays: None. APPROVAL OF LICENSE BOND was presented: Tessitore, for side- walk work; `rildibill for Sidewalk work; Y. H, Golden Construction Comnan.y, were referred to the City Attorney for annrovel at the request of City Clerk Alston. REPORT FROM BOUNDA'3Y COI:'•'ISstor regarding the proposed Scott Terrace Annexation, was read, stating this nrorosed annexation would create two County Islands entirely surrounded by National City and was not recommended because it *could be contrary to Sec. 35158 of the government Code which prohibits the forming of County Islands, Moved by Parchen, seconded by Jensen, that the report be filed. Carried, all the Council preeent voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund n10;072.27 Traffic Safety Fund 1,052.27 Park M & I Fund 5.36 Gas Tax Impr, Fund 3141452 TOTAL?......... ..... S11!471.42 Moved by Hollingsworth, seconded by Heck, that the bills be al- lowed, and warrants ordered drawn for same. Carried, by the fol- lowing vote to -wit: Ayes: Heck, Hollingsworth, Hodge, Nays: Jensen, Parchen. COUNCILWOI''AN JENSEN stated she thought it would be a good policy if we had our bills itemized on our Council minutes from now on, that way there is a record. CITY CLERK ALSTON stated the bills are itemized on the warrant register which is filed and is an official document, Tr;rENTY:.THIRD ANNUAL REPORT OF THE CALIEoRNIA STATE L"'TPLOY^'''S' RETIREMENT SYSTEM was Presented, CITY CLERK AL`7'oN stated this is on file in her office. CITY CLEF' ALSTON stated in December we adorted ''Resolution No. 6299, conies of which were sent to our Senator and Representatives regarding Federal aid for streets leading to the Iherry Housing Project. Mrs. Alston said she has an acknowledgment from Sen- ator Kuchel, Congressman Utt and Congressman Wilson, They have all been away for the holidays and cannot give a definite ans- wer, but their thinking is not probable that we will get any help. APPLICATION FOR TRANSFER OF ALCOHOLIC RE1TErAGE LICENSE on sale general, Avalon Club, 20-26 s,1, Seventh Street, was presented. Moved by ?archen, seconded by Jensen, this be referred to the Chief of Police and if he finds anything objectionale to the transfer of thid license that the City Attorney be instructed 1/4 180 to oppose the transfer. Carried, by the following vote to -wit: Ayes: Hollingsworth, Jensen, Panchen, Hodge. Nays: None. Councilman Heck abstained from voting. NOTICE OF HEARING ON :'ROTF'GT by the City against the issuance of off -sale beer and wine license to James Toledo, 1225 Palm Avenue, was dead. The hearing is to be held January 6, 1955 at 2:00 P.M., in the Library Conference Room. Moved by Hollings- worth, seconded by Heck, the City Planner attend the hearing, and also the City Manager. Carried, all the Council present voting aye. REPORT FROM CITY ENGINE .R r'YARTTICK regarding 1911 Improvement on "K" Avenue and 23rd Street was read, stating that anon checking the returned postcards it was found that 26.78% of the area re- quested a hearing be held. It is requested that an a_n_nrooriate resolution be adopted requesting the City Engineer to nrenare report on the proposed assessments. moved by Heck, seconded by Jensen, that the report be aonroved and a resolution be prepared. Carried, by the following vote to -wit: Ayes.: Heat, Hollings- worth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER nIRD requested permission to purchase a duplicating machine which will cost approximately 14.00.00. Moved by Jensen. seconded by Parchen, that the City Manager's request be granted. Carried_, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGE BIRD stated he received a communication from the State Personnel Hoard regarding the matter of entering into a contract with them for a survey of those particular items'whieii we requested. The cost of the survey is 1167.15.. It is the Manager's recommendation that the Council authorize the Mayor and the necessary officials to enter into the contract with the State Division of Retirement. Moved by,Parchen, seconded. by'Jen- sen, that the Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jena -en, Parchen, Hodge. Nays: None. CITY MANAGE' nIRD stated his office is becoming bogged down for the lack of unofficial conference and action for the purpose of clearing ut'certain things. The conference should be with the entire Council, open to the public in confirmity of law, for the purpose of determining or acquainting the Council withthe nrob.. lems that are now facing us. COUNCILIAN H^CT stated he thought the Conference room of the library would be the best place to meet.. No doubt there will be some interested public T.rho will wish to attend but cannot participate in the discussion. It has become a necessity in other cities and they have adopted that plan. Moved by Parchen, seconded by Jensen, that it become the policy of the City Council that we have a Friday meeting before the first Tuesday meeting of the Council, and a Monday meeting before the third Tuesday meeting of the Council at 7:30 P.M. for both meetings. Carried, all the Council present voting aye. CITY CLERY ALSTON asked Attorney Curran if the meetings would have to be advertised in the paper. CITY ATTORNEY CURRAN stated as far as he can see it is simply an informal meeting and. he sees no need of advertising it at all. MAYOR HODGE suggested that the City Clerk notify the Ctzuncil members of the meetings.. CITY MANAGER BIRD requested authorization to expend approximately 14.25.00 to take care of the heating and aeration of the Council chambers. Moved by Heck, seconded by Jensen, that the request be granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. 1/4 181 A recess was declared by Mayor Hodge, The meeting was called to order by Mayor Hodge: Council members present: Hec1., Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. COUNCILT+WOMAN JE►SEN asked if there was any way of changing the first meeting from a Friday to Thursday or wednesday, that is one night a month that she has another meeting previously ar- ranged. MAYOR gorm stated_ he wished to resign as a member of the Fi- nance Committee and in his ._dace appointed Councilman Parchen 'rho has agreed to serve. CITY MANAGER BIRD stated there are two matters which were re- ferred to him sometime ago, one is the house at 1L-6_Palm Avenue which was destroyed by fire and has been a hazard; also on Nat- ional Avenue in the 2500 Block, the old abandoned service stat- ion. We have served notice to the owners of last record and a return receipt has been received from each, Mr. Bird stated the requirements have been complied in regard to notification of the property owners and the posting of signs. The Code rrovides that in case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish And remove said building or structure or portion thereof, the City Cduncil may order the owner of the building prosecuted as a violator of the provisions of this Code and may order the Building Inspector to proceed with the work specified in such notice. A statemeet of the cost of such work shall be transmitted to the City Cot; de who shall cause the same to be paid and levied as a special as- sessment against the property, CITY MANAGER 'Sin stated we can- not prosecute man as he is not within the .jurisdiction. Does the City Council want to order the Building Dept. to remove the struc ure, keeping account of the cost and forward same to the owner. The Code provides that costs incurred shall be paid out of the City Treasury. Such costs shall be charged. to the owner of the premises involved as a special assessment on the lend on which the building or structure is located, and shall be collected in the manner provided for special assessments. It means that the Council would have to take action, The Building Dept. has com- nlied with all the requirements un to the present time. MAYOR HODGE asked if it was rut out on contract could we have a con- tractor bid on it. ATTORNEY CURRAN stated he would like to check this before the next meeting. The matter eras^referred to the City Attorney for an opinion. CITY MANAGE BIRTH stated the Council was in accord with the Plan submitted by the Traffic Engineering for the re -alignment of Highland Avenue, primarily from loth Street south, we e11ow- ed, by permit, the abutting rronerty owners on the east side to move back their curbs which resultedin bringing about a new phase of traffic alignment. Then subsequently to that the School Board took action to move back between 8th and loth Street on the west side, along with Mr. Pratt and Mr. Johnson. We set up the first phase of the control of the traffic, that was if they did not _move back. We set un the second phase of the con- trol of the traffic if the east side moved back only, and fin- ally the third phase we set unto control the traffic if both sides moved back. we run into, a considerable amount of unfore- seen obstacles. The agreement, tentatively, westhet they rey _l 1.-' , �....-v V'. e r. r',.i Qt Lhe Ott, Lee L„r!1°e of temporary coverage on that portion of the street which would be left bare or without a surface. COM UNICATION FROM 1'T E CALIF- ORNIA t'TATER AND TELERHONF CniBANY to the City Engineer was read, stating in regard to the widening of Highland Avenue from 8th 1/4 182 to loth Street, they have not finished their survey of the facil- ities that Must be relocated on the west side and that informa- tion will be furnished as soon as it is finished and the costs estimated. If you wish to proceed first on the east side of the street a survey indicates that there are eight consumer service lines, including meters which will have to be relocated, The estimated cost of this work is '40,,00. CITY MANAGR 'IRD stat- ed that on.the east side, located just south of 8th Street we have a Telephone Company manhole, and the cost of that will be roughly "1,800.00. We have located on the corner of the inter- section our own two signals plus the timer, We would have to move the signals; also underneath the 8th Street intersedtion_ we have drainage Problems which will run about "1,200.00 more. We have issued a permit to allow them to move back, they have not as yet taken advantage of it.- There is another permit that is being applied for in the middle of the block, south of 12th Street. At this tinge, the Manager said he would like an expres- sion from the Council that we do not widen any of Highland Ave- nue unless a full block is taken into consideration at the same time'. CITY MANAGER BIRD presented Phase #1 and stated he would like to go ahead with it; it does not take into consideration any widening whatsoever, it is single line from 8th Street south; merely a channelization and carry through as was adopted from loth Street to 12th Street, as recommended. Moved by Hollings- worth, seconded by Jensen, that the City Manager proceed with Phase One. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth. Jensen, Parchen, Hodge. Nays; None, CITY MANAGER BIRD asked who is going to interview the applicants for the position of City Engineer and what is the basic pay. Moved by Hollingsworth, seconded by Jensen, that the City Maan- interview prospective engineers. Carried, all the Council pre sent voting aye. CITY MANAGER BIRD suggested that the apolicnts be interviewed and find out from them how mtu h money they expect after looking over what we have in the line of work, back log, etc., and hs will bring a report back to the Council at the next meeting of those who have applied, CITY ATTORNEY CURRAN stated that the sidewalk license bond. of Edward Tessitore and Chris Bulidis and the bond of Alvin J. Vildibill previously submitted, have been examined, and the only defect was the signature of the nrincinal, so it is recommended they be approved. Moved by Heck, seconded by Parchen, that the Attorney's recommendation be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge, Nays: None. ATTORNEY CURRAN stated he sees no reason why the Certificate of Insurance of Reid's Plumbing and Heating should be held in abey- ance, and recomrnenadthat it be referred back to them to advise us what contract, if any, or what completion of our law or ordin- ances it pertains to. ATTORNEY CU7RAN stated at the last meeting the Housing Director requested that a blanket action enabling transfers from the Olive -- wood Housing Security Trust & Agency Fund be permitted. Mr. Gautereaux has been advised that we should not undertake to do it that way. In order to expedite it if Mr. Gautereaux would send him .a copy of the transfers he could have the resolution ready and there would be no necessity of laying over from one meeting to another. RESOLUTION No. 6311 was read, transferring the sum of `23.90 from the Olivewood Housing Security 'Deposit Trust and Agency Fund to the Olivewood Housing Revenue Income General Fund, Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Car- 1/4 183 ried, all the Council present voting aye. RESOLUTION NO. 6312 was read, approving and accepting the plans and speoifications Submitted by the City Engineer for erection of traffic signals on Highland Avenue at 4th Street and at 24th Street. The City Clerk is hereby authorized to publish notice that invitations for bids for performing said work will be re- ceived on the 15th day of February, 1955, At the hour of 9 otcloc. P.M. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6313 was read, authorizing the installation of a six inch fire hydrant on the East side of Highland Avenue aoorox- imately forty-two feet North of the Highland Avenue culvert at Twelfth and Highland, and the City I!an:ger is directed to make arrangements for such installation. Movd. by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6314 was read, approving the issuance of a hermit to J. J. Mooi+e Co. to construct and maintain driveways on the East side of Highland Avenue between llth and 12th Streets, in accordance with plans and s_necifica.tions submitted to the City Manager. Moved by Parchen, seconded by Jensen, that the Reso- lution be adopted. Carried,,all the Council present voting aye. RESOLUTION NO. 6315 was read, accepting all that certain interest described in Deed of Dedication from Sweetwater Union High School District of San Diego Couety, California, dated the 14th day of October, 1954. The City lerk is authorized and directed to re- cord said Deed for and in behalf of the City of National City. Moved by Heck, seconded by Jensen, that the Resolution be adopt- ed. Carried, all the Council present voting aye. RESOLUTION NO. 6316 was read, approving the rider to California Western States Life Insurance Comrany Policy No. 64.0330, and Waltsr F. Hodge, Mayor, is hereby authorized and directed to ac- cept the same in behalf of the City of National City. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6317 wa.s red, accenting certain real property des- cribed as Sly 151 of Lot 7, Hills of Paradise, 80 Acre Lot 1, Quarter Section 129, and the City Clerk is authorized and direct- ed to record_ the Deed from Clifford A. Harvie and Christine 0, Harvie dated November 17, 1954. Moved by Hollingsworth, second- ed by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. , RESOLUTION NO. 6318 was read, granting a special zone variance hermit to L. E. C. Smith for the purpose of permitting intalla- tion of a retail type dry cleaning machine in a C-3-A Zone. Mov- ed by Hec'.r, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye, RESOLUTION NO. 6319 waa read, granting a special zone variance pe• mit to National School District for the 'purpose of constructing a school plant in an R-1-A Zone (South side of 18th Street in the 1800 Rl ock) . Moved by Hollingsworth, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present vot- ing aye. RESOLUTION NO. 6320 was read, granting a special zone variance hermit to J. L. Keller for the purpose of allowing the construct- ion of a residence with a 10 foot setback instead of the regular 20 foot setback from 20th Street and the alteration of an exist- 1/4 18L ing garage placed 5 feet from 20th Street instead of the regular 20-feet. Said property is described as Lot 13, 'rinnetka Terrace MO. 2 Subdivision, City of National City. Moved by Parchen, sew cond8d by Jensen, that the Resolution be adopted. Carried, all the ouncil present voting aye. RESOLUTION NO, 6321 was read, granting a special zone variance permit to National Center, Inc., Twelfth and Highland, Inc., and Highland Shopping Center, for the nurrose of allowing C-3 usage in an R-2 andR-4 Zone by erecting buildings Pnd par'_ring.lots. Moved by Heck, seconded by Jensen, that the Pesolution be edont- ed. Carried, by the following vote to -wit: Ayes: Heck, Hol- lingsworth, Jensen, Hodge. Nays: Parchen. RESOLUTION NO 6322 wa.s read, stating that a. nubile hearing has been held by the City Manager and City Engineer as to the nublic convenience and necessity of the improvement of Harbison Avenue between Division and Fourth Avenue by construction of concrete side elks, curbs, storm drains and street na.vements, and the -'ity Manager and City Engineer have filed their report of said hearing, and said report and the hearing on the report have been read end considered by the City Council of the City of National City. The City Council hereby finds and determines that the nub- ile interest, convenience ^nd necessity require the improvement of Harbison Avenue between Division and Fourth Street substan- tially as set forth in s^id report, and further determines that said project is feasible and that the "Special Assessment In- vestigation, Limitation and Majority Protest Act of 1931" shall not npnly,,and that the project shall proceed in accordance with the terms and provisions of the Imnrovenent Aet of 1911. Nov by F..rchen, seconded by Jensen, that the Resolution be ndonted. Carried, all the Council resent voting eye. RESOLtUTION NO. 6323 eras read, annointing Ryrl D. PheinS Engineer of "ork for the proposed doing of all necessary engineering work and exercising all of the functions provided for the office of Engineer of "ork and Sunt. of Streets in the i°Imnroverient Act of 1911" in connection with the improvement work in the construction of concrete sidewalks, curbs, storm drains and street pavements known, and to be known, es the imnrove-ment of Harbison Avenue between Division and Fourth Streets. Ryrl D. Phelps shall re- ceive for and es his compensation the sums of money heretofore provided by that certain written agreement between the City of National City and the said Dyr1 D. Phelrs. Moved by Hollings- worth, seconded by Jensen, that the Resolution be adopted. Car- ried, all the Council present voting nye. REEOLTTTION NO. 6324 was read, appointing Pobert C. Curran as Attorney to prepare all resolutions, notices and other papers `).'. ec. ed.ings "` or my t nl n 1m7Tovement t+ r V ,_ it+ftnr 01.uthor°ized by the City Council of the City of National City for the proposed improvement of Harbison Avenue between Division and Fourth Streets; and said Robert 0. Curran shall receive es compensation for the doing and nerformnxice of Said work the sum of two percent of the contract price, and that said con' ensa_tion shall be raid es follows: (e) Three -fourths et the time of signing the contract with the contractor who may be awrrded _id contract by this body. (b) The belnnce thereof et the time of recording the ''errant, Diagram end Assessment; if said proceedings shell fail to be carried through to conclusion, then he shell be raid e reasonable comnene.tion for this service; that said services shall not include any services for litigation or services in the procurement of easerlents or rights of way, but shell be for the pre''rntion of n11 resolutions, notices end other papers and proceedings required by the provisions of the "Improvement Act of 1911" in carrying through the proceedings 1/4 185 for the work herein contemplated. Moved by Hollingsworth, se- conded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. RESOLUTION INTO. 6325 was read, authorizing and directing Byrl D. Phelps to prepare plans and specifications for the construction of concrete sidewalks, curbs, storm drains and street pavements upon Harbison Avenue between Division and Fourth Streets. Moved by Jensen, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. 876, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 750 BY ADDING THERETO SECTION 4.774, was presented for the second and final reading, and read in full. Moved by Parchen, seconded by Jensen, that the Ordinance be adopted© Carried, all the Council present voting aye. , COMMUNICATION FROM HOUSING DIRECTOR GAUT-' ATTX_ was read, stating since serving as Housing Director for the nest three months experience points to the fact that from time to time certain legal action will of a necessity recuire court action, mostly in the sell claims court, for rent recovery and damages. The presiding Judge usually requires of the plaintiff or the duly authorized representative an acceptable identification of authorization to present such eases before the Court, It is re- quested that the Council take the necessary formal action re- quiring that the Director of Olivewood Housing, shall be direct- ed to represent the City Council for and in behalf of the City: acting as plaintiff or defendant for said City in bringing law- ful suit or appearing before a court in an attempt to defend or recover delinquent rent and property damages, and or tenant evictions from rented property. Moved by Heck, deconded by Hollingsworth, that the Housing Director be empowered to re- present the City in small claims court actions only, as enum- erated. Carried, all the Council present voting eye. CITY CLERK ALSTON stated that Housing Director Gautereaux ha.s submitted a financial report covering November and December, and en amended report for October® Corrected net profit for October vas 16,078,88. There is a summary of tenant account transactions for December and the budget report. HOUSING DIRECTOR GAUTEREAUX stated he has given the Council a grouping of reports so that at their leisure time they may have a full survey of the activities of the project. In accordance with the recommendation and the finding of the City Attorney with regard to the transfer of funds, it is requested that action be taken by the Council on the following matter: that the City Attorney be directed to draft a resolution for the transferring of funds es follows: from the 01ive?rood Housing Security De posits to the 0livewood Housing General Fund, '90,90 for the month of December, 195Lwc Moved by Heck, seconded by Hollings- worth, that the Housing Director's recommendation be approved, and the Attorney be instructed to prepare a resolution. Car- ried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Perchen, Hodge. Nays: None. HOUSING DIRECTOR GAUTTEEAUr reported that in October there were 82 vacant'units, November there were 86, in December there were 54 vacant, and es of January 1st there were 49 vacant units. In the November report it shows we had e net profit of 20,854.16. HOUSING DIRECTOR GAUTEREAU7 stated in order to clear up som= mis- understanding as to en expenditure regarding mattress care and renovation, mattresses become a cart of the regular furnishings of our furnished units, and where there are signs of mattresses 1 /4 186 being damaged after we have made an installation of 'renovated mattresses, n.nd upon leaving of the apartments inspection is made. If it is necessary to renovate mattresses and it is clearly defineda.s an act responsible to the tenant we make a. direct charge to the tenant and collect for that dnnnge_. CITY MA1AT-R BIRD stated it has not as yet been decided what we are going to do with the Christmas decorations which are being t^ken down on January 6th. The charge ?s quoted by Hunt and Johnson is 10.00 a strand per year and they include at no ex- tracharge storage for all lamp Host decorations. There a.re.21 strands, CITY MANAG^P RIHD recommended that we enter into the contract with Hunt and Johnson to store the Christmas materin.l. Moved hi Hollingsworth, seconded by Heck, that the City Manngerls recommendation that we enter into the contract for the storage of Christmas decorations, be allowed. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Earthen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Jensen, th^t the meeting be closed. Carried, all the Council present voting ^;1e. Meeting closed. at 12:38 P.I. i L� HAY©^-, CITY OF NATIONA ATT77T CITY CL RK rITY CALr mR\TIA 1/4