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HomeMy WebLinkAbout1955 02-01 CC MIN198 NATIONAL CITY, CALIFORNIA, FEBRUARY 1, 1955 Regular meeting of the City Council was called to order by Mayor Hodge at 8:30 A. M. Council members present: Jensen, Parchen, Hodge. Council members absent: Heck, Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, nird, Curran, 'Magner, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Mayor Hodge. COUNCILMAN HECK present. Moved by Parchen, seconded by Jensen, that the minutes of the regular meeting of January 18, 1955, be a»»roved. Carried, all the Council present voting aye. COUNCIL70MAN HOLLINGST':WORTH present. RESOLUTION NO. 6335 r.<ras read, granting a. s»ecial zone variance permit to P. H. Mahaffey for the our»ose of building a_n addition to an existing nonconforming garage and »aint shoe; an M-2 usage in an R=4 Zone. Moved by Parchen, seconded by Jensen, that the Resolution be a .do»ted. Carried, all the Council present voting aye. RESOLUTION NO. 6336 was read, authorizing andapproving the sale of the library building located at 1215 National Avenue. Moved by Heck, seconded by Jensen, that the Resolution be adapted. Carried, all the Council present voting aye. RESOLUTION NO. 6337 was read$ approving and accepting an agree- ment with the National City Chamber of Commerce, dated February 1, 1955, providing for the expenditure of 5,000.00 for Maytime Band Review. Walter F. Hodge, Mayor, is hereby authorized and directed to execute the same for and on behalf of the City. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council resent voting aye. ORDINKTCE 70. , "AN O?T.INr.NCE APPROVING THE. ANNENATICN OF CERTAIN UNINHABITED TERRITORY DESIGNATED "NATIONAL CITY PAY CORRIDOR" TO THE CITY OF NATIONAL CITY", was »resented for the first reading and read in full. ORDINANCE NO. 877, AAN :ORDINANCE ESTABLISHING GT''`TER1L RULES R^GTTLATIONS FOR THE GCTTEamTa AND US` OF THE HAR-07 OF IAN DI 'GO" , was presen ted1for the second_ and final reading, and read in full. T"oved by Heck, seconded by Hollingsworth, that the Ordinance be adopted. Carried, all the Council present voting aye. HEARING ON ZONE VARIA'TCE AP'EAL of George Young was held at this time. The Planning Commission recommended that the variance be denied as it would down -grade the surrounding »roperty. GEORGF YOUNG, 2840 "J'" Avenue, was »resent on behalf of his anneal. Moved by Heck, seconded by Hollingsworth, that the denial be sustained. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Parchen, Hodge. Nays: Jensen.. REPORT CF THE PLANNING C0i- ISSION regarding Application for Con- ditional Exception No. 510, sighed by Voyd A. r, Agnes I. Parber, Northwest corner of Fourth & Palm Avenue, was read. Petitioner is requesting permission to increase the area of the existing sign, nonconforming to setback, from five feet by two feet six 2/1 199 inches overall, to seven feet six inches by six feet to be plac- ed on the existing stbel post. Said sign to be double faced and located at the intersection of property lines. It was the recom- mendation of the Commission that the request be granted. Moved by Hollingsworth, seconded by Heck, that the Planning Commission recommendation be sustained, and the Attorney be instructed to prepare the resolution. Carried, by the following vote to -wit: yes: Heck, Hollingsworth, Jensen, PArchen, Hodge. Nays: None. REPORT OF THE PLATTNING OMISSION regarding Application to. 511 signed by Hans K. Lindemann, 1315 E. 4th Street was read.. Pe- titioner is requesting permission to overate the "House of Sun - colored Glass" (a museum) in en R-2 Zone, andto erect a new - addition to be located eleven feet from the front nronerty line and four feet from the rear nronert,y line,. The Planning Commis- sion recommended that Mr. Lindemann's request be granted for the zone variance and that he be allowed to charge en admission fee to his museum, Moved by Heck, seconded by Jensen, that the Plan- ning Commission's recommendation be approved, and the Attorney be instructed to nrenare a. resolution. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN reported that sometime ago a letter was referred to him from the Attorney for Mr. Jack Dembo regarding the con- struction of the culvert on Highland and the drainage of Para- dise Creek, and after due consideration, the City Attorney re- plied to Mr. Dembo's Attorney to the effect that as far as the City Attorney was advised, both as to the fact and to the law, there was no grounds whatsoever upon which any liability could be asserted against the City. The matter has been left oven so that if the Council want to pursue the matter further they can call our attention to any authority which would sustain the con- tention that the City is liable. It is the Attorney's recom- mendation that the letter be filed. ATTORNEY CURRAN stated a verified claim of Arminda Andis was re- ferred to him, and the matter was also referred to the City's insurance carrier. The representative -of the carrier contacted the City Attorney and :7equested that we nlace F. M. Chase & Sons on notice as to the claim because of the possibility that there may have been negligence on the past of F. M. Chase & Sons in building a lateral from the street, as e. result of which these holes were formed into which the claimant fell. The City At- torney has sent such a letter. Further the carrier requests no action be taken by the Council on this claim either by way of rejecting it or by approving it until they have had an onnortun- ity to investigate it further. The City Attorney believes the request is Droner and that the matter should be held in abey- ance until we hear further from the carrier. CITY ATTORNEY CURRAN stated he has a vertified claim of Mr. and Mrs. asinski for alleged false arrest, and he has not heard from the insurance carrier in this regard, but the same principle should annly as on the above claim, -'nd no action should be tak- en by the City Council until the carrier has submitted a report of investigation-. CITY ATTORNEY CURRAN renorted that a communication from Chula Vista Sanitary Service, dated Jan. 13, 1955 was referred to him and he has reviewed the file in the City Clerk's office and has been informed by the Attorney representing Mr. Hynum to the effect that he nla.ns to file a formal demand against the Laity. It is the Attorney's recommendation that the letter be filed and no action taken Wending receipt of the formal demand.. Mr. Hynum states in his letter that his attorney sent a communication un- 2/1 200 der date of May 1. 1953, to the City Attorney, citing cases for his consideration of the problem of violating the terms of con- tract. Mr. Curran stated that letter is not in the official files, and therefore it is requested that the Council authorize and direct the City Clerk to address a communication to the for- mer City Attorney demanding that that letter, together with Any other communications pertaining to this controversy be immediat- ely filed with the City Clerk, Moved by Heck, seconded by Jen sen, that the City Attorney's recommendation be an"Oroved, and that the City Clerk be authorized and directed to request the former City Attorney to.provide the letter dated flay_ 1, 1953 from the Chula Vista Sanitary Seril.ce, as mentioned in the let- ter to the City Council. Carried, by the following vote to --wit: Ayes: Heck, Hollingsworth, Jensen, ra schen, Hodge. Nays: None. CITY ATTORNEY CURRAN sated in regard to the request of Charles Eulme for refund on busineee iiceee for the years 1952, 1953, and 1954, in the amount of 10.00 for each year, it is his re- commendation that if any refund is to be made th^t it be made for not more than the immediate past year. Moved by Parchen, seconded by Jensen, that only 10.00 for the year 1954 be re- funded. Carried, by the -following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge Nays: None. ATTORNEY CU?_RAN stated at a previous meeting he was instructed to nrenare a resolution accenting a deed from Mr. & Mrs. Huisveld, That apparently was made on the assumption that the deed had been submitted to the City, which is not the case. Therefore it is re- quested that the instruction be withdrawn until such time as the deed is submitted to the City. Moved by Parchen, seconded by Jensen, that the correction be made. Carried, all the Council present voting aye. ATTORNEY CURnAN stated in regard to the question nosed by the City Manager regarding the demolition of buildings, one in the 2600 block on National Avenue, and the other 146 Palm Avenue, es to whether or not the City could proceed, and whether rather than doing the eo rk by its own forces it could call for inde- pendent contractors to submit bids for the purpose of demolish- ing these buildings. The C.ty Attorney has never reached that point because he has very grave doubt as to the constitutionality of the sections which authorize the City to proceed and demolish somebody's private property. s^re would want to proceed very slow- ly, if at all, The City Attorney will confer with the City Man- ager as to what, if any remedies the City does have short of in- voking the possibly unconstitutional Provisions of the Uniform Building Code. RESOLUTION NO. 6338 was read, accenting that certain real Pron- ert.y situated in the City of -National City, described as follows: rr 15' S 175' NV 340' of E' ?^r of 10 Acre Lots 13 and 14 in Quarter Section 154 of Rancho de la Nacion. The City Clerk is hereby authorized and directed to receive on behalf of the City the Deed from Gordon H. and Barbara B. Moffatt, dated July 21, 1954, conveying the eforesaid property and to record said Deed. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. '?:SOLUTION NO. 6339 was read, accepting certain real property situated in the City of National City, described in.cornoretion' grant deed dated June 16, 1954, from SOUTH BAY P70?77RTI ' , INd. , to the City of National City, Clerk's Document No. 21162, The City Clerk is authorized and directed to receive the corporation grant deed and to record some. Roved by Parchen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. 2/1 201 Council present voting aye. , RESOLUTION N0. 6340 was read, accenting certain real property situated in the City of National City, described in corporation grant deed dated June 3, 1954, from R. A. ROWATIT & COMPANY, Clerk's Document No. 21163, The City Clerk is authorized and directed to receive the corrorati.on grant deed and to record same. Moved by Neck, seconded by Hollingsworth, that the Resolution be adorited Carried, all the Council present voting aye RESOLUTION NO. 6341 was read, accenting that certain real property described in corporation gent deed dated "May 12, 1954, from 12th AND HIGHLAND, INC., NATIONAL CEr?T43, :'NC,, and HIGHLAND SHOPPING CENTER. The City Clerk :ic authoried and directed to receive the corporation grant deed ce n7ey-_ng said nroneriy on,behalf of the City and to record same. iiovcd by Hc• i l ingsworth, seconded by Parchen, that the Resolution be adopted, i;arried, all the Coun- cil present voting aye. RESOLUTION NO. 6342 was read, accenting that certain rea.l rron- erty situated in the City, of National City, more particularly described in corporation grant deed dated May 12, 1954, from SOUTH BAY PROPL'RTIE'S, INC, The City Cierk is authorized and directed to receive the corporation grant deed conveying said property on behalf of the City, and to record same. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopt- ed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported there was an easement which'�ras offered by Mr. Wilson on behalf of South Bay Proterties, Inc., which was temporary in nature and had to do with the temporary diversion of traffic because of the buildirfg of the culvert on Highland Avenue. There were certain objections to the conditions as set - out in the proposed grant which were never satisfacory to either the Engineer or City Attorney, and the easement, by its trms, _ was automatically terminated on December 1, 1954. At this time there is no occasion to take any action on this easement because of the expiration date except in order to clear the records we should rescind any action whatst'etier which has previously been taken by way of authorizing or directing the City Attorney to Brerare any resolution accepting the easement granted. Moved by Heck, seconded by Hollingsworth, that any action taken authoriz- ing the City Attorney to prepare a resolution accenting the ease- ment be rescinded. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated the next matter involves Mr. Trotochau. By authority of the City Council the former City Attorney filed a condemnation action against_Mr, Trotochau for a 64' easement for drainage purposes. Subsequently Mr, ''Tilsons corporations brought a private action against Mr. Trotochau to secure, for the T'ilson's corporations the same easement except that it was for 601 instead of 64'. That litigation has been terminated, Mr, 'rilson's corn - orations were successful in securing the judgments, the result of which the T rilson's corporations received. a 60 foot easement. A- greements ensued between Mr, Trotochau and the corporations. Mr. Wilson then tendered to the City the easement for drainage rur- noses • Thich had been secured in that action. Sometime later the Attorney for Mr. Trotochau appeared_ before the Council and stat- ed he discovered that action had been filed ^nd had never been served and the matter was referred to the Engineer and the City Attorney. Certain proposed agreements were dra.fted by Mir-. Trot- ochau's Attorney that were never acceptable to the City Engineer. We now have the offer of the ilson - s corporations to give the City an easement for drainage pu:: noses and we have the suit which is pending, no action was taken other than the filing of the suit against Mr. Trotochau. Hr. Curran stated he noses the question 2/1 202 whether there is any,good reason why the City should have an easement for drainage purposes there. Nature provided a water course through there, and why we should want an easement for that small section just immediately east of Highland is not quite clear ATTORNEY CTJRRAN stated he *.Could like the Council to study this question so that we can either accept or refuse the offer for the 60 foot easement and also we can dispose of the condemnation suit: FRANK BRtNKMAN, Secretary and Manager of National City Chamber of Commerce, was present, and presented the Chamberrs report on Christmas decorations. Mr, 'Brinkman stated a meeting has been called at the request of the Board of Directors of the National City and Chula Vista Chambers of Commerce for tomorrow noon to activate a South Bay Highway Development Association. Reoresent- at•ives are being asked to attend from all of the Chambers of Com- merce in the South Bay. Mr. Brinkman invited the Council to at- tend. Mr. Lucksnbach of the State Highway Fngineerts Office con- tacted him about the Date Street, 18th Street Freeway which is to ,join Montgomery Freeway in National City end asked if the Chamber of Commerce. Highway Committee and members of the City Council could get together for a preliminary meeting to become acquainted with this proposed freeway. CITY MANAGER 'BIRD stat- ed he too had a call from Mr,. Luckenbach in this regard. The meeting was set for 4:00 P.M„ Thursday, February 3, 1955, in the Library. MR. BRINK??AN extended an invitation to the Council toattend the Chamber of Commerce's annual banquet on Tuesday, February 8, 1955, at 7:00 P.M. GEORGE JOHNSON, representing the Prater Committee, was present and stated that in a previous meeting the Council authorized one of the members of the Water Committee to go to San Francisco or any other place in California to interview engineers relative to a. survey and study the water proposition. Mr.. Kerch went to Los Angeles last week with representatives of the South Bay Irriga- tion District end they -have decided on the concern which they Trish to recommend to the Council. CHARLES KERCH, a representative of the Water Committee, was present and stated four representatives of the South Bay Irrigation District and he Trent to Los Angeles and interviewed the firm of Leeds, Hill and Jewett, to check in- to the possibility of hiring their organization to conduct a. sur- vey of the Sweetwater District. The committee feels that they are very well qualified to handle such a survey, not only as to the actual value of the property but also as to the taking over of the property, the manner in which it would be taken over, the type of bonds issued, etc. The method of charges they propose is to make a study for not over a ten months period of time at a charge of 13,000.00 per month, or a total of 30,000.00. They would be able to come un with an estimate of market value on the Company in the South Bay District. It would not be a complete survey for condemnation purposes, that would have to come later. We checked into the possible charges that we might incur through the condemnation proceedings and the estimate is somewhere around t90,000.00 to 1100,000.00. The 130,000.00 is merely a survey estimate of value and the cost of acquiring the method of ac- quisition and a complete report that would give us the data: as to whether we should go ahead and order the complete a.n',raisel work to be done. MR. JOHNSON stated the facts and figures they would present would give us definite information and we then could make a decision. The Chairman of the South Bay Irrigation Dist- �ti' �rr r t emiresenWould delegate your Attorney toTtino=rk-'Z,ri h s apse- be ore e Commission. CotT?`T=4DT PARCT?'-'AT stated he thought we were going to have a. rate consultant to present our case. MR. JOHNSON stated in the meeting they had, they first thought it would be imperative to have a survey or cmmnrehensive 2/1 20 7i report in order to nrorerly present the ease, but anparantly after the conference with this company in Los Angeles it was felt that it would not be >>artioularly necessary at this time. COUNCILMAN HECK asked if Leeds, Hill ='nd Jet' ett have definitely gone on record stating it would not be necessary for them to act as consultants in the case to -present this rate increase. IR. "WPCH stated they ?rent into that at length end it was their opinion that the City was very well represented by the Public Utilities Commission who have their rate experts who went over the figures submitted by the California •:rater c' Telephone Compare that normally you accomplish just as much by having private cit- izens going. COUNCIL -AN II'C" said he thought,we were going to get sdmebody to assist us as rate consultants in this case. COUNCILNOMAN HOLLINCST'ORTH asked the question, what is in the findings of the Public Utilities Commission that they feel that this rate increase should be granted, is there any provision or any way that the South Ray Irrigation District and the City o_' National City could protest in a way to have those funds im- nounded in case a rate increase was granted until we finished our survey. MR. JOHNSON stated that has been done. COUNCILI"AN HECK stated he mould like to have some consultant available, as well as the Attorneys, at the hearing, to put in a protest. Imo.. JOHNSON said he was inclined to think that we would have no trouble in getting the South Bay Irrigation District to go a- long with that if you think it advisable. MR, K7RCH statedhe talked with a mph who has handled some rate work and he stated that actually the work is not a long drawn out affair, that as far as his r.rork down here in the South Bay District he could probably spend one day here so that he could familiarize him- self with the actual physical assets that show on the surface, look at the dams, see the extent of the area served and then all the work is strictly done in an office going over the records of the California. ?+later & Telephone Company, that n_^obably a ten day ar twenty da.y period of time is all that is necessary for two or three men rho are accountants to go over the charges that they are making, for rate purposes. MR. JOHNSON stated it is their recommendation that we hire this firm of Engineers for a maximum sum of '?30,000.00, of which National City would have to - stand one-third of the cost. Moved by Hollingsworth, seconded by Jensen, that the recommendation of the +Teter Committee be ap- proved of hiring the firm of Leeds, Hill and Jewett for a sur- vey. Carried, by the following vote to -wit: Ayes: Heck, Hol- lingsworth, Jensen, Perchen, Hodge. Nays: None. Moved by Hol- lingsworth, seconded by Heck, that our City Attorney work with the South Bay Irrigation District Attorney in any work that is necessary. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Parchen, Hodge. Nays: Jensen. COUNCILMAN '?'AR- CH N asked whether or not we are going to have a rate consultant. MR. JOHNSON said he rill discuss this with the South Rny Group. The South Bay District Attorney has had a lot of ?rater experience, and it would be advisable, to get their opinion to see if they felt they could make the proper protest. Moved by Hollings- worth, seconded by Jensen, that Mr. Johnson refer to the T^rater Committee and to the South Bay Irrigation District the question of the advisability of hiring a. rate consultant and National City stand our proportionate share of the expense. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Par- chen, Hodge. Nays: None. A recess was declared by Mayor Hodge. The meeting was called to order by'Mayor Hodge. Council mem- bers present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. 2/1 204 MR1. S. J. the Public Commission Califb rnia time, etc. agenda. KODISH, 2107 "A" Avenue, arcs present and asked if would be allowed to protest et the Public Utilities hearing on the proposed increase in rates of the Water & Telephone Company, inhere the meeting will be, MAYOR HODGE stated this is coming ur later on the COW'UNICATION FROM EDT'IN M. CAI'IPRE'LL was read in regerd to the statements made Pertaining to his work with the City. APPOINTMENT OF PLANNING COrIIISSION MEMBER wes presented. The Planning Commission have submitted the following names for con- sideration: Fames Stevens, Sumner Norman Stowe, Churchill D. Colburn, Thomas Moynihan, and Larry Robinson. Moved by Jensen, seconded by Parchen, that James Stevens be errointed as a mem- ber of the Planning Commission. MAYOR HODG7 requested this motion be held over until we get e ruling from the City Attor- ney. COMMUNICATION FROM CITY CLE7K OF SAN DI .GO T-*a s read, submitting a certified copy of Resolution No. 122262, adopted by the City Council of San Diego under date of January 25, 1955 giving con- sent to the detachment from the City of San Diego of e portion of the tide and submerged lands lying with the corporate boun- daries of the City of San Diego by the City of National City. WALT "? P. DAVIS, 410 Second Avenue, Chul? Arista, was present and stated he was appearing before the Council es the Chairman of the Legislative Committee of the Cititens Advisory Board in connection with the harbor development. Mr. Davis stated for_ severalyears they have been working an orderly harbor develop- ment, e bill has been Presented in the Assembly for the dredg- ing of the Bay. It is suggested that the Cot+ireil and the City Attorneys be es meticulous in looking into the background of the annexation of the land that the City will receive as the City Attorney has done on the Nilson project. ATTORNEY CURRAN stated with reference to the motion made by Mrs. Jensen regarding the annointment of a member to the Planninv Com- mission, the Act itself of the Government Code reeds: "The mem- bers of a City Planning Commission shall be appointed by the Mayor with the approval of the legislative body." COUNCILNOMLgN JENSEN withdrew her motion which was standing on the floor, and Councilman Parchen withdrew his second. MAYOR HODGE requested the nrpointment be held over until the next meeting. REQUrST OF A. A. ROGTTS for refund on business license in the a- mount of '=17.50, was read. The request r�ras approved by City Treasurer Holgate. ,Moved by Heck, seconded by Parchen, that the refund b2 granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM MUmICIPAL EMPLOYEES ASSOCIATION 'ras read stat- ing they would like to go on record in favor of the elan as nro- posed by the California 'western States Insurance Company. This plan would allow life insurance premium to be paid through pay- roll deduction. CITY CLERK ALSTON stated at the present time there are only three employees who have taken out this insurance and she would hesitate to act as a-n agent for three employees, if it was for the majority of errnloyeee she would be glad to do it. COUNCILMAN HECK asked if this plan has been well publicized throughout the employees association. CITY CLE''K ALSTOrT stated aDrarently not. Moved by Hollingsworth, this be referred to the City Maneger for further study and also for further information to the employees so that they knoir such e plan is available and ascertain how many people would be interested. 2/1 2.05 NOTICE OF HEARING for incrense in rates by California Water & Telephone Company, was read. 'The hearing has been set for Feb- ruary 10, 1955, a.t 10:00 A.M., in the National City Community Building. COUNCILT.TOI-'AN HOLLINGS14ORTH requested that the National City Star -News give this hnaring,much publicity on the front page so our citisens will be notified that they may protest, if they so wish. Moved by Hollingsworth, seconded by Jensen, that the City Attorney a.nd City M nnger be requested to attend the hear- ing as interested'narties, and if 'the hearing_is a Droner time to file a protest, the City Attorney a.nd City Manager be author- ized to file an official protest to the Commission against this rate raise. CITY ATT0R7 Y CURRAN stated the Public Utilities Commission nt the hearing on Feb. loth would like the people who are protesting to indicate ?•ghat evidence they_expect to submit.._ In order to properly advise the Commission nt that time, as a. representative of the City, it appears that we are, going to have to know whether or not the City is going to engage a consultant, and whether or not the City has the money available. COUNCIL- WOMAN HOLLINGSWORTH stated she believes there is no question a- bout having a rate consultant there, however she feels that the City Council is representing all the people of National City, even though we may not have technical knowledge, the proner of- ficials of the City should file a •protest and she would like to go on record that we file a protest. Carried, all the Council present voting aye. BILLS presented: General Fund11,994.78 Traffic Safety Fund 835.30 Ga.s Tax Fund 3/709.67 Payroll Fund 2h,239.01 TOTAL 140,77%.76 COUNCILMAN PARCHEN questioned_ the bill of Auditor Harry E. Pon- nell in the amount of ;1,784,75 of which "259,50 wns for room and meals. Moved by Parchen, seconded by Jensen, that this bill be wi'thdraT.rn until the next meting for clarification, and that the amount be deducted from the bills presented. Carried, by the following vote to -wit: Ayes: Jensen, Parchen, Hodge. Nays: Heck, Hollingsworth. BILLS presented after correction made: General Fund 110,210.03 Traffic Safety Fund 835.30 Ga s Tax Fund Payroll Fund TOTAL 3;709.67 24,299.01 ?38,994.01 Moved by Hollingsworth, seconded by Heck, that the bills lowed, and warrants ordered drawn for same. Carried, by lowing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. be PILL the fol- Parchen, CITY CLERK ALSTON stated a transfer of 2,000.00 is needed from_ the Harbor Fund to the Harbor budget. Moved by Hollingsworth, seconed by Heck, that the transfer he approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Par- chen, Hodge. Nays: None. TELEGRAH'FROM HIGHWAY COMMISSION on the proposed freewa.y routing, was read, stating that a.doption of a freeway routing in the cit- ies of National City and San Diego between 18th Street in Nat- ional City and Washington Street in San Diego is under considers tion. The State Highway Engineer has been requested to consult 2/1 206 with the City Council, nriar to further action in this matter by the Commission, CITY MANAGER BIRD reported that Mr. McCoy, State Highway Engineer wishes to know whether we winh to hold a hearing or have the State Division of Highway Commission hold a_ hearing on this nronosed routing. A meeting has been set un to go over the preliminary with Mr. Luckenbach, a member of the lo- cal District Engineering Office, at which time, if the Council so sees fit, the telegram can then be answered as:'to.�'.rhether or not you 'rant the hearing or whether you wish to hold your own hearing There are 30 days in which to answer the telegram. CITY MANAGER PIRD stated Mayor Butler made a. statement that t1ere would be a nubile hearing, however that hearing will be held by the City Council of the City of San Diego. COMMUNICATION FROM C. L. HART regarding sewer permit over ayment, was read. 'On securing a sewer Hermit on 2012 Calle Vista, Nat_ ional City, they paid "24.5.00 and it should have been '175.00, therefore a, refund of R70.00 is request.ad. REPORT FROIr N. S, BIGGS, Building Dent., was read stating that the permit rras is- sued in the amo$nt of 245.00. At the request of Ir. Hart a further study was made of this property and a recorded server easement is shown to exist, thereofre the owner is entitled'to the refund of .70.00 (lateral fee). Moved by Hollingsworth, se- conded by Heck, that the refund be granted. Carried, by the fol- lowing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parehen, Hodge. Nays: None. COMMUNICATION FROM BUPEAC. DAVIES, BABYLAi\TD DIAPER SER'rI CE, re- garding business license, was read. It is requested that provis- ion be made for their specialized business to obtain a City license.. The Council referred the communication to the License Committee. COMMUNICATION FROM CHAMBER OF COMMERCE was read, inviting the Cour cil to ap'oint one delegate to attend a meeting to be held at- Christies, Chula Vista, February 2nd at 12:00 noon, to discuss Highway requirements in the South Bay Area. COUNCTL.TOM^N JEN- SEN stated she would be at the meeting and City Planner T•regner will also attend. APPLICATION OF S. N. STONE to move five duplexes from 951 Highland Avenue to 1101 "E" Avenue, was presented. It is recommended by the Building Dent. that the request be granted with 90 day time limit and foundation, plumbing, electric servile, etc. in accord with National Cityls ordinances; connection to '-ublic sewer, in- stallation of vented heaters, site in R-4 zone. (Moved by Hollings- worth, seconded by Parchen, that the req_ueat be granted. Car- ried, all the Uouncil present voting aye. COUl\TCIr ,;N PARCHEN excused. APPLICATION OF _". S. TICHA'DS to move a residential building from °9 Campo Road, Casa. de Oro to 1945 Newell Street, was presented. Trie Building Dept, recommends a 90 day time limit, foundation, plumbing, etc. in accord rrith City's ordinances, conhection to nubile sewer, site in R-1 zone, performance bond in amount of '1,000.00. Moved by Hollingsworth, seconded by Heck, that the request be granted, and that provisions be made for one off --street narking space as required by Ordinance No. 750 and amendments. Carried, all the Council present voting aye. COMMUNICATION FROM BATON CORPS MOTHERS' CLtTB was read, requesting Permission to have a candy sale in National City on February 5th under the marquee of several stores that have given their permis- sion. OOUNCILTMTOMAN JENSEN questioned T,rhethe~r the Health author- ities would alloy the sale of homemade candy. CITY TREASURER 2/1 207 HOLGATF stated she would contact e Health officer and report back later in the meeting. CITY PLANNER ?'TAGN'R stated that the matter of the requested clos- ing of the alley in Block 175 which wns referred to the binnning Commission was laid over as a result of comment made by n member of the audience, Don Newberry, representing the petitioners, to the effect that there were agreements forthcoming that *,could clew un the rnn,ttor of easements encl the matter of the use of the ror- tion of nrorerty controlled by the San Diego Arizona and Eastern Railway Co.mreny in the event of the closing. CITY PLANnTE' 11? GNER stated et the last meeting of the Planning Commission they agreed on fees for the Trailer Ordina..nee and the final draft of the Ordinance and have authorized the staff to pre»are those which were not ready for todeyts meeting. CITY PLANNER ?•!AGDn"' reported on the matter of the n_"orosed free- wny from San Diego. It is e very interesting proposal snd he. would urge ell those members of the Council who can to be pre- sent et the meeting to see this proposal.. CITY PLANNER **AGNE'R stated he appreciated the opportunity to at- tend the American Institue of 'Manners Convention in Fresno. R IOLTTTIiN NO. 6343 ores read, accenting and approving the agree- ment dated January 1, 1955, with the Ian Diego Gas Electric Company for furnishing standby repair service for the 2400 volt primary overhead electrical distribution system at the Olivewood Housing Unit, and *?alter F. Hodge, Mayor, is authorized and dir- ected to execute the same for and in behalf of the City of Nat- ional City. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended for the consideration of the Coun- cil the employment of Wyne P. Lill es City Engineer, effective February 15, 1955, salary 1600.00 r>er month es a. starting salary and '25.00 per month increase in salary upon comnletion of six months service; x25.00 per month increase et the end of the se- cond six months of satisfactory service; balance of incre'se per month to e maximum of x700.00 per month to be decided by the City Council nt the end of 18 months of satisfactory service. Moved by Hollingsworth, seconded by Heck, that the City Mr,negerts re- commcndetion for hiring Mr. Lill and the salary named approved. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Hodge. .Nays: None. Absent: Paschen. CITY MANAGER BIRD reported he -had received four bids for the Pos- ition of Auditor, and it is his recommendation that the Proposal of Harry E. Bonnell and Associates, proposal No, 2, be accepted. Moved by Heck, seconded by Hollingsworth, that Harry E. Bonnell and Associates, bid be ncceoted for the coming year. Cn.rried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jen- sen, Hodge. Nye:aNone. Absent: Panchen. CITY MANAGE.' BIRD stated he had a letter from one of our lessees on the tidelands; National Plating Corn ny,:requesting considera- tion of assignment of their lease to the Isle"' Business Authority en instrument of the United States Government which loans money to small businesses. It is necessary that this be done if they can hnva their err>licetion Processed. It discussing this matter with the City Attorney 're find the t we would not Place the City in any undesirable position by so acquiescing to their demand. However, it is suggested that the 5mn.11 Business Authority send us n proper form et which time r<re can then take the matter ur 2/1 208 with'the City Council for their dierosition of it. roved by Heck, seconded. by Jensen, that the City Manger's recommendation be ndonted and that the Smalk Rustness Authority rrovide the pro- ne- forms for assignment of the lease. Carried, ail the Council 'resent voting ?ye. CITY MANAGER r?IRD stated in regard' to the he :'-ing on the applica- tion of the San Diego Gas,& Electric Comrany for increase in rate City Attorney Curran and the City _Reneger will be _resent at n morning conference which will'be held in the City Manager's of- fice of the City of Sah Diego. The ru-^pose of the conference is to discuss the matter with the rresent rate consultant e-pert of the City of San Diego, Mr, Nlndnr, getting his views as to wheth- er or not the cities jointly should make a rrotest or anrnloy Mr. grinder to represent all of the cities. The hePring is tomorrow Pt 2:00 P.M. Moved by Hollingsworth, seconded by Heck, that in else all of the cities should decide to ';ire the rate expert that the City Manager be in the rosition to proceed in case Tre do need ldnftf having authority for the eynense involved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jen- sen, Hodge. Nays: None.. Absent: Panchen. CITY MANAGE PIRD stated If it is the desire of the Council to have s Meeting with the Highland Avenue Improvement Association with the rurrose in mindin ascertaining exactly Twhr+t 707 are go- ing to do with Highland _.venue, he will attempt to arrange for that meeting. Moved by Hock, seconded by Hollingsworth, that the City Teenager be instructed to arrange a meting with the Council and the Highland Avenue Improvement Association for pre- liminary discussions on the widening of Highland Avenue. Car- ried., all the Council _resent voting aye. CITY MANAGE,/ /IRD asked_ if the Council wished to discuss the question of rolioy as to ra-ticioation in 1911 Acts, if any, by the City. Moved by Hollingsworth, seconded by Jensen, that the Council go on record, as a. policy, that in e.ny 1911 Act the Reorle be responsible for raving, sidewelks and inrroving of streets, but if there is any drainage problem within street right of Tray only, that the City definitely be a hart, end the City should rarticirnte in any 1911 Act whereby our Engineer finds drainage problem; also *where a. sewer line is causing trouble. Carried, by the following vote to -wit: Ayes: Heck, HollingT- Tworth, Jensen, Hodge. Nays: None. Absent: Parchen. CITY TRESURE/ HOLGATE stated she contacted the Health Dent, of the County in regard to the request of the Baton Corns Mothers,¢ Club for permission to have a candy sale, and was informed that if the candy is wrapped it would be re rmissible. Moved by Heck, seconded by Jensen, that the Baton Corps Mothers) Club be granted permission to sell candy within the t'iva.te merchants stores, as requested. Carried, by the following vote to -wit:. Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: !archen. SUT, PACKS & REC/EATION GAUTF/TAU7 rresgited his rerort on the conference of California. Society, American Institute of Park FYecutives held in Monterey. HOUSING DIRECTO/ GAUTE''EAUX _resented the monthly income resort for January, 1955.E Mr. Gautereeuy stated they are finding col- lections becoming harder all the time. COMMUNICATION FROM HOUSING DI"^CTOR GAUT'^RFAP wes read, request- ing the transfer of "120.60 from the Olive rood Housing Security Deposit Trust and Agency Fundto the Olivewood Housing Generel Fund, Moved by Heck, seconded by Jensen, that the transfer be effected and n resolution be rrerared. Carried., by the follow- 2/1 209 ing vote to —wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Rarchen. COFTIPtICATION FROM HOUSING 1)I?z'CTO" GAUTT2 ATJX was rend regarding. legal rerresentation necessary in court action brought by Olive — wood Housing. This matter hn.d been a_nticinated in setting up the budget. The Attorneyls fees for service to be acceptable to the Housing Director nnd recommended for ra.yment to the City Council ATTOnT'T^Y CURPAN stated the problem here is the natter of eviotirig reorle who will not nay their rent'and will not get out. Moved by Heck, seconded by Hollingsworth,'that the Housing Director7s recommendation be n.rproved a.nd use the City Attorney only when required, CITY ATTOnI'TEY CUnnA_N.stated the request to call on the City Attorney or other attorney when the City Attorney is not available is not fen.sible,.becnuse if somebot$ is going to be handling one and somebody handling another you willnot have uniformity; and the matter of fees shouldbe decided. COU!t Trt_ MAN HECK, n.mended his motion to include that the Attorney will be compensated in ench individual cnse, COU"TCIL"OMAN HOLLINJS— ORTH who seconded the motion was in accord with the amendment. Carried, by the following vote to —wit: Ayes:. Heck, Hollings -- worth, Jensen, Hodge. mays: None. Absent: ?'archen. COUNCILMAN HEOK stated the City Manager, with the Council's err nroval, has engaged an Engineer et the sum of. 600.00 per month, and the City Engin=eras office is under the City M'nager=s of— fice, and the senior officer should draw greater compensation than the subordinates. roved by Heck, seconded by Hollingsworth, that the City Mnnnger's salary be inc'^eased to 6,625.00 rer month; and that the City Planners salary be incre^sed to n600.00 per month, effective February 1, 1955. Carried, by the following vote to.lwit:. Ayes: Heck, Hollingsworth, Hodge.. _Nays: Jdnsenm Absent: Rarchen. COLT^.TCILr,tOriSN ROLLINGSt'rODT'. stated there have been a number of corn— nlaints regarding the business license and the Tena3:ty charged for underestimated gross receirts. CITY IRTASITPTn HOLGnT! stated the Ordinance states that T,rhen you ,,re 30 ' over any e 50% penalty, under30%the fere ce. TTe hnon you naonle c1a'. ryou day dirference. IPe have had im they did not know nnything about it, but she would sn,y that they did know about it. CITY T' ST-7 HOLGAT^ stated she brought this mettun to the License Committee for their eh consider-rtion. COITnT,CTLT,!O- y HOLLIvC-1"nTH stated what she is criticising is the Ordinance nnd she would like to recommend that Miss Holgnte go to the rusiness License Committee and abolish any rennity whntsoevep. CO'TNCILMAN HECK said he t'2ought they should have at least a. 30 dny re--iod to make an n.mendment. Moved by Jensen, seconded by Hodge, that the meeting be closed. Carried, n11 the Council present voting aye. , Meeting closed at 1:00 P.M. ATTEST:• CITY CL Tk MAY07, CITY OF NAT*Cn.g' CITE,', .0 ^.LIF. 2/1