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HomeMy WebLinkAbout1955 03-01 CC MIN220 National City, California, March 1, 1955 Regular meeting of the City Council was called to order by Mayor Hodge at 8:30 A.M. Council members present: Hollingsworth. Jensen, Parchen, Hodge. Council members absent: Hec , ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, HolgaL.e, Wagner, Curran, Gautereaux, Bailey. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Charles Betz-. Moved by Hollingsworth, seconded by Jensen, that the minutes of the regular meeting of February 15, 1955, be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read relative to a grant deed received from S. M. Mann, for a 20 foot strip south on "K" Avenue from 8th to 9th Street. Communication from City Manager Bird advised that this street has been used as a City street for four or,more years and the sewer is in the street. It was the recommendation of the Planning Commission that the deed be accepted. COUNCILMAN HECK present. Moved by Hollingsworth, seconder: b; Parchen, that the deed from S. M. Mann be accepted, ar.€ that.it be referred to the City Attorney for a resolution. Carried, by the following vote to -wit: Ayes: Hollingsworth, Jensen, Parehen, Hodge. Nays: None. Councilman Heck abstained from voting. REPORT FROM THE PLANNING COMMISSION was read regarding dis- cussion held relative to the routing of business applications through the Planning Commission for approval of zoning. City Planner Wagner explained that he has found many cases where businesses have been operating for a number of years in residential zones without any regard to the zoning. The Planning Commission recommended to the Council and the License Committee the insertion of the requirement in the new license ordinance to route applications for business licenses through the Planning Commission Office with special emphasis placed on land uses. Moved by Hollingsworth, seconded by Jensen, this be approved by the Council and referredto the Business License Committee. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION stated City Planner Wacner presented a tentative Tidelands Development Map showing a small boat harbor with adjoining recreation facilities. He advised that by re-routing Paradise Creek to the south, the harbor and recreation area could be developed and provide additional acreage for industrial development. The map also indicated a 1600 by 1000 foot mole pier for marine activities with a cycl,pean wall. Mr. Wagner explained this was a tentative map to provide something to present to the Water Pollution Control Board at their next meeting in an attempt to obtain a higher standard of water in the Bay. The Planning Commission re- commended the acceptance of the tentative map as a general plan for the tidelands area. Moved by Hollingsworth, seconded by Parchen, that the tentative Tidelands Development Map showing a small boat harbor, be approved. Carried, all the Council present voting aye. 3/1 221 REPORT FROM THE CCCIVIL SERVICE COMMISSION was read, submitting job specifications for the Sanitation Service Man. Upon approval of the specifications an examination will be scheduled and an eligibility list established. CITY MANAGER BIRD stated he would like to return the set of specifications to the Civil Service Commission for the inclusion and broadening of its scope so that we can take in a business representative. COUNCILWOMAN HOLLINGSWORTH inquired if it would change the specifications. CITY MANAGER BIRD stated it will add thereto and establish a salary bracket. Moved by Heck, seconded by Parchen, that the recommendation be returned to the Civil Service Commission in accordance with the recommendation of the City Manager. Carried, all the Council present voting aye. ESTHER GRAY, representing the Blind Industried of California, was present regarding their request for permission for their house to house salesmen to work in National City. CITY CLERK ALSTON stated this will come up later in the meeting under the City Attorney's report. PETITION from property owners on Harbison Avenue was read re- garding the condition of the street. CITY MANAGER BIRD stated that some of the people who signed the petition live in San Diego. The entire strip is north of Division Street. It is a part of the Kathol Subdivision which was in the City of National City and was deannexed and then annexed to San Diego, however the street was retained by the City of National City. Mr. Bird stated it is his understanding those people are willing to do some improvement and it is his recommendation this be referred to the Manager's office for further study. Moved by Heck, seconded by Jensen, that the petition be re- ferred to the City Manager and the Engineering Department for a report to the Council. Carried, all the Council present voting aye. RESOLUTION NO. 6347 was read, granting a special zone variance permit to Donald and Esther E. Gilliland for the purpose of maintaining and operating a dance studio in an existing garage located on the back of the property at 1427 and 1429 Roosevelt Avenue. Moved by Parchen, seconded by Jensen, that the Resolut- ion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6348 was read, granting a special zone variance permit to Voyd A. and Agnes I. Barber for the purpose of allowing increase in area of existing sign, non -conforming as to set back, from 5' x 2'6" to 7'6" x 6', to be placed on existing steel post. Said sign to be double-faced and located at the intersection of property lines on the NW Corner of Fourth Street and Palm Avenue. Said permit is granted upon the following conditions: In the event that City of National City should at any time desire to improve either Fourth Street or Palm Avenue, said Voyd A. Barber and Agnes I. Barber, or their successors and assigns, shall bear all costs of removing any sign erected pursuant to the authority hereby given. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION INP. 6349 was read, authorizing and directing the City Attorney to forthwith dismiss that certain Superior Court case numbered 187381 entitled City of National City vs. G. C. Trotochau et al. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6350 was read, stating the City of National City does hereby refuse to accept and does hereby reject the proffer- 3/1 222 ed easement for drainage purpose over, under, along and across that real property Situated in the City of National City, more particularly described in a certain easement tendered to the City of National City dated May 12, 1954 by 12th AND HIGHLAND, INC . , NATIONAL CENTER, INC . _ and HIGHLAND S • PPIN CENTER. The City Clerk is authorized and directed to return said document and to notify the grantors that said easement is refused and rejected. Moved by Hollingsworth, seconded b,y ;-eck, that the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated that 9:00 A.M. has been set for the opening of bids on the Library Building, but that she had not received any bids. CITY MANAGER BIRD stated he had no bids in his possession. Mr. Bird stated there are some bidders present who would like to enter a bid, however, the City Attorney has ruled that under the proposed notice of sale of property, be- fore any oral bids can be accepted it will be necessary to have a valid bid in writing in the hands of the City Clerk as of the time called for in the notice. Moved by Jensen, seconded by Parchen, this be referred to the City Manager for further action. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated in regard to the claim of Mr. Hynum, he does not feel that the City should take it upon itself to accept the demand of Mr. Hynum and if any question is decided wherein the liability of the City would be as great as claimed in the verified claim, that it should be by an order of the court; therefore, the City Attorney recommends that the claim be denied. Moved by Heck, seconded by Parchen, that the claim of the Chula Vista Sanitary Service be denied. JOHN CRANSTON, Attorney representing Mr. Hynum was present and presented his case. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN reported that in regard to the request by the Blind Industries of California for an exemption for their salesmen to solicit in National City without. paying the required solicitors fee, he finds nothing in the Ordinance that would permit the Council to waive the fee altogether. If the Council feels that in the future they wish to have such jurisdiction it should be considered when the new licensing ordinance is up for discussion prior to July lst. Under the present ordinance the Council has no authority to grant such exemption. MAYOR HODCE stated he would like to suggest that this be given to the Committee for consideration. MRS. GRAY asked if this means that they cannot be licensed through the regular channels. MAICR HODGE said it meant that a free license could not be granted. Moved by Jensen, seconded by Parchen, this be referred to the License Committee. Carried, by the following vote to -wit: Ayes: Jensen, Parchen, Hodge. Nays: Heck, Hcllingswor-th. COUNCILMAN HECK stated over two months ago he requested, by motion, that the Business License Committee make a report to the Council as of March ist. Moved by :deck, seconded by Hollingsworth, that if the report is not ready that the City Clerk be insteructed to notify the Business License Committee to have the Deport prepared for presentatiom at the Council meeting of March l5th. COUNCILMAN PARCHEN stated he thought the Committee should cover all the problems thoroughly and they should have sufficient time to do so. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen. Nays: Parchen, Hodge. 3/1 223 ATTORNEY CURRAN reported that the Certificate of Insurance for Tarter, Webster & Johnson, Inc. is in order and recommended it be approved and filed. Moved by Heck, seconded by Hollings- worth, that the Certificate of Insurance be approved and filed. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated at the last meeting we had the reference regarding the lease of tidelands by Aztec Lumber Company, and the examination of the lease which they hold with the City indicates clearly that in the event they make any assignments for benefit of creditors or they do go into bankruptcy that the City of National City may then at its option declare 44-eC Lumber Company's lease at an end. That being the cases the fact that they are threatening bankruptcy and want to pay only a portion of their liability under the lease does not concern National City, they can insist on collecting the full cmount of the lease, and if the Aztec Lumber Company fails to pay then it can take whatever steps seem appropriate at the time. In order that the records would be clear in San Diego Whole- sale Men's Credit Association, we should have official notification directed to the Credit Association to that effect. Moved by Heck, seconded by Jensen, that the City Clerk be in- structed to write a letter to the San Diego Wholesale Credit Men's Association advising them of the Attorney's recommend- ation. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY ATTORNEY CURRAN reported that he has worked with the Attorney for the South Bay Irrigation District regarding the contract with the engineering firm for conducting a survey as to the economic feasibility which is in rough draft form. There is nothing definite to report except that progress is being made. ATTORNEY CURRAN stated the City Attorney was invited by the General Counsel of the San Diego County Water Authority to attend a meeting with the Board of Directors of the Water Authority on February 17th; the reason being that the General Manager, Chief Engineer, Asst. General Counsel of the Metropolitan Water Distridt,were to be at that meeting to report on the Feather River Project. The City Attorney attended the meeting and made a report on same, and stated that the thing which concerns him is the possibility that something which originally was for the benefit of San Diego County is now becoming a football and through the pressure of the Metropolitan Water District the threat is made to defeat any further appropriations on the basis that if they are going to make it a general obligation bond that the area of Southern California served by the Metropolitan Water District would have to pay more than fifty percent of the cost and would get no benefit. It means that National City could very well take a more active interest in the San Diego County Water Authority to make sure that there is no question of the rights of National City along with the rest of San Diego County not being fully protected. The Council might consider having some formal arrangement by which it is kept advised as to the activities of the San Diego County Water Authority. ATTORNEY CURRAN stated in regard to the Bay Corridors at the last meeting objection was raised from the floor on the basis that the publication of notice of hearing for December 21st was not efficient, as a result of which the matter was referred to the City Attorney. It is the opinion of the City Attorney that the publication was efficient and the Council should proceed. 3/1 224 Moved by Hodge, seconded by Heck, that the Bay Corridor problem be reconsidered. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. Moved by Heck, seconded by Hollingsworth, that the Attorney be instructed to proceed with the second reading of the Bay Corridor Ordinance. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Hodge. Nays: Jensen, Parchen. ORDINANCE NO. 878, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "NATIONAL CITY BAY CORRIDOR" TO THE CITY OF NATIONAL CITY," was presented and read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be adopted. COUNCILWOMAN JENSEN stated that the only true record of the boundary line of National City, as held by the Boundary Commission, already contains a portion of the area covered by this ordinance. MRS. KODISH was present and asked if it is the opinion of the Council that once an ordinance is turned down by majority vote that it may be brought up again without two readings and thereby be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. ATTORNEY CURRAN stated it would be his recommendation that the original resolution which established the December 21st hearing date be amended and readopted, fixing a new hearing date. AMENDED RESOLUTION NO. 6287 was read. "A RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY HEREINAFTER DESCRIBED AS "NATIONAL CITY BAY CORRIDOR" AND GIVING NOTICE OF A TIME AND PLACE FOR HEARING PROTESTS THERETO." Tuesday the 19th day of April, 1955, at 9:00 o'clock P.M., in the Council Chambers in the City Hall, is hereby fixed as the time and place when and where any person owning real property within the uninhabited territory proposed to be annexed to National City, and having any object- ions to the proposed annexation may appear before the Council and show cause why such territory should not be so annexed to the City of National City. Moved by Heck, seconded by Hollings- worth, that the amended resolution be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. CITY ATTORNEY CURRAN reported that he has been able to secure the services of T. C. Mess who is thoroughly familiar with the California Water and Telephone system and can be retained as consulting Engineer for the City in the proceeding before the Public Utilities Commission in regard to the application of the California Water and Telephone Company. The next hearing is March 9th. Moved by Heck, that a resolution be prepared to engage T. C. Mess as consulting Engineer in the water rate increase hearing for the City of National City. COUNCILMAN PARCHEN inquired as to the cost. ATTORNEY CURRAN stated for making the report which will be necessary there will be a retainer fee of $500.00 and after the report, in the event we feel that he should be present at the hearing it will be at the rate of $200.00 a day for the hearing. Motion seconded by Parchen. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. RESOLUTION NO. 6351 was read, retaining T. C. Mess as consulting Engineer by the City of National City, and he is hereby author- ized to appear for and in behalf of the City of National City in that certain proceeding before the Public Utilities Commission of California entitled "APPLICATION NO. 35751 of the CALIFORNIA WATER AND TELEPHONE COMPANY". Moved by Hollingsworth, seconded 3/1 225 by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. A recess was declared by Mayor Hodge. The meeting was called to order by Mayor Hodge. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. ATTORNEY CURRAN reported he talked with Mr. Engstrand, Attorney for the South Bay Irrigation District. He had previously suggested that the South Bay Irrigation District might be interested and willing to go together with National City in protesting the California Water and Telephone Company's application to the extent of sharing the cost of a consulting engineer. That matter was discussed at length and both Attorneys recognize it to the extent that if there would be any conflict between the rate and their rate structure and the irrigation charges of the members of the So th Bay Irrigat- ion District that we might have problems. However, with re- ference to Chula Vista, which Mr. Engstrand advises constitutes a greater part of the Irrigation District, he feels that we have a unity of interest and that unified action would be very helpful. The Attorney wants to discuss this with the Board of Directors of the South Bay Irrigation District this afternoon with reference to the possibility of joining in with National City on hiring the consulting engineer. REPORT FROM THE PLANNING COMMISSION was read regarding Condition- al Exception No. 511 of Hans K. Lindemann. Mr. Lindemann is requesting that his original request, as acted upon by the Planning Commission on January 10, 1955, be considered at this time. In the event Mr. Lindemann desires in the future to construct an addition closer to the rear property line than the four feet as recommended by the Commission, he is to make new application for conditional exception to the Planning Commission. The original application requested permission to operate the "House of Suncolored Glass" (a museum) in an R-2 Zone and to erect a new addition to be located eleven feet from the property line and four feet from the rear property line. He plans to charge a small admission fee. It was the recommend- ation of the Planning Commission that the request be granted for the zone variance and that he be allowed to charge an admission fee to his museum. Moved by Heck, seconded by Jensen, that the Planning Commission's recommendation be sustained, and the Attorney be instructed to prepare a resolution. MR. LINDEMANN was present and stated he would appreciate the Council granting his request. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM CITY ENGINEER LILL regarding bids for traffic lights at 4th and 24th on Highland was read, stating the bids have been reviewed and appear in order as to engineering. It is recommended that the low bid be accepted and Ets-Hokin and Galvin be awarded the contract. The report was approved by City Manager -Bird. Moved by Heck, seconded by Parchen, that the low bidder, Ets-Hokin and Galvan, be awarded the bid and the Attorney be instructed to prepare a resolution. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. RESOLUTION NO. 6352 was read, approving and accepting the bid of Ets-Hokin and Galvan to install traffic signals on Highland Avenue for the sum of $5,818.00, and Walter F. Hodge, Mayor, is authorized to execute a contract for and in behalf of the 3/1 226 City of National City with said firm for said work. Moved by Parchen, seconded by Hollingsworth; that the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO DOWNTOWN ASSOCIATION regarding action taken on the inner belt freeway proposed by the State Highway Commission was read and ordered filed. COMMUNICATION FROM CHARLES EULME was read, regarding his request for refund on business license for the years of 1953 and 1954. He states the license fee is $10.00 per year and he was charged $20.00 and that he believes he is entitled to a refund for both years. He states he refuses the check in the amount of $10.00 because that is only half of the money due. CITY CLERK ALSTON stated the Attorney approved the legality of a refund for one year, a warrant was drawn at the last meeting in favor of Mr. Eulme, which he has refused. Moved by Heck, seconded by Hollingsworth, that the letter be filed and the check returned to the City's General Fund. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CITY CLERK ALSTON was read, requesting author- ization to destroy all documents pertaining to the General Municipal Election held April, 1954, also authorization to destroy purchase orders that are over three years old. ATTORNEY CURRAN stated the purchase orders must be five years old and you must have the written approval of the City Attorney and permission of the Council. The ballots can be destroyed after six months, so those two items should be separated. Moved by Heck, seconded by Hollingsworth, that the destruction of the purchase orders be referred to the City Attorney. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by 8archen, seconded by Jensen, that the City Clerk be allowed to destroy the election records. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, stating the City's apportionment of the January, 1955 quarterly payment of the gas tax allocation for expenditure on major city streets is $20,467.53. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $5,779.62 Traffic Safety Fund 998.81 Park M & I Fund 294.73 Harbor Fund 1,694.12 Payroll Fund 23,547.86 TOTAL $32,225.14 Moved by Hollingsworth, seconded by Parchen, that the bills be approved, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCILWOMAN HOLLINGSWORTH stated that on the fund control ledger there is a Sinking Fund #4 showing up month after month in the amount of $1,264.78, and asked if this fund has not been paid off. CITY CLERK ALSTON stated the bonds have been paid off and we have a balance in the fund. Mrs. Alston stated she would like to have a ruling from Attorney Curran whether or not this money can be put in the General Fund. COUNCILWOMAN HOLLINGSWORTH stated she too would like a ruling from the City 3/1 227 Attorney so it can be considered in the budget preparation. REPORT OF RECEIPTS AND DISBURSEMENTS FROM THE SWIMMING POOL for the years 1949 through 1954 was read, showing a total profit for those years of $6,784.87. COUNCILWOMAN HOLLINGSWOd ii stated the Recreation Advisory Board recommended that the profit from the pool be placed in a fund for pool development, but it is her understanding that all'money that comes into the City from any source must go into the General Fund. Mrs. Hollings- worth said she would recommend this be explained to the Recreation Advisory Board, and the City Clerk write a letter in this regard. CITY CLERK ALSTON stated she had the agreement for the traffic light at 30th and Highland Avenue, and recommended it be re- ferred to the City Attorney for checking and approval, and the preparation of a resolution. Moved by Hollingsworth, seconded by Heck, that the City Clerk's recommendation be approved. Carried, all the Council present voting aye. Moved by Parchen, seconded by Jensen, that the City of National City go on record as favoring the route as proposed by Map Rte 200, State Highway XI-SD-2 Natc-SD and no Highway Commission hearing will be requested and further that the City Council reserves the right of negotiating on locations and types of interchanges within said city. Carried, by the following vote • to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REQUEST FOR REFUND ON BUSINESS LICENSE by George E. Marthis in the amount of $7.50 on gross sales, was read. The request was approved by City Treasurer Holgate. Moved by Hollingsworth, seconded by Heck, that the request be granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CITY OF CARLSBAD was read, stating the City Council of Carlsbad adopted Resolution No. 155, urging the Board of Supervisors to support the League of California Cities' uniform sales tax proposal. The communication was ordered filed. COMMUNICATION FROM H. G. KRAG was read, requesting permission to paint curb numbers in National City. MR. KRAG, 640 "J" Avenue, was present and stated they have done this work in other cities, and in most cases the cities where they worked they were under the supervision of some particular city department. Moved by Heck, seconded by Jensen, that the application of the Curb Number Vets, represented by Mr. Krag, be approved, and they file for a regular business license in accordance with city ordinances. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. MAYOR HODGE stated the City Manager will refer Mr. Krag to some department head. REPORT FROM HOUSING A:r. P GAUTEREAUX was presented, showing net revenue for the month of January as $20,872.57. CITY PLANNER wAqw reported that the Planning Commission at their meeting 1a;5t night proceeded with discussions toward the recommendation of adoption of a new zoning ordinance and zone plan. The matter of disposition of city property between 4th and Division and east of Palm was discussed by the Planning Commission. The proposed subdivision layout was gone over in detail. The Planning Commission recommended the 3/1 228 establishment of the subdivision boundary as the east boundary of the school property extended south to 4th Street. That establishes the area for the Council to offer to sell or whatever they wish to do with that property between the western limits of Park View Terrace Subdivision and the easterly bound- ary of the El Toyon School property, and extended southerly to 4th Street, approximately 64 acres. The Commission re- commended that the remainder of the city owned property be dedicated for park purposes. Discussion was held relative to that portion of the property south of the Armory 140 feet by the depth of the Armory along 4th Street, of which a portion 125' x 125' is zoned C-2. Decision reached to include this in the park area. The Planning Commissioners all were in accord. COUNCILWOMAN HOLLINGSWORTH stated she would like to refer this matter to the City Manager and City Engineer so that an actual survey could be made of that entire area and it definitely be tied down as to the amount of the subdivision, and also that the City Engineer bring in a complete detailed description of the park area so that in the very near future this land may be dedicated as a park. CITY MANAGER BIRD stated in regard to the matter of survey, etc., our schedule in engineering is pretty "tight", however we will probably start it next week. Mr. Bird said this is in reference to descriptions and the westerly boundary to be established which was discussed at the pre -Council meeting. CITY MANAGER BIRD reported that there is a meeting called by Mayor Hodge for Wednesday, March 2nd in the Community Bldg., 8:00 P.M., for the purpose of the Chestmobile being located in National City. There will be a hearing on the Engineer's report of the 1911 Act proceedings on "K" Avenue, March 3rd at 8:00 P.M. in the Council Chambers. There is a meeting on March 8th in the Council Chambers with the Highland Avenue Improvement Association at 7:30 P.M. NOTICE OF INTENTION TO CIRCULATE PETITION RELATING TO THE ANNEXATION OF MILLER ANNEXATION was presented. CITY MANAGER BIRD stated this is the same annexation which was previously before the Council and held in abeyance. It is that portion of property which is north of Division Street, west of 47th Street. It is recommended the petition be accepted and referred to the City Attorney for checking and processing. MAYOR'HODGE stated he would like to have a report from the Chief of Police and from the Fire Department showing what additional expense it would be to patrol that area. CITY MANAGER BIRD recommended that the City Clerk be requested to advertise for bids for the furnishing of approximately 25,000 gallons of Ethyl and approximately 30,000 gallons of First Grade Gasoline from April 1, 1955, to April 1, 1956. Bids will be opened at 8:00 P.M., March 15, 1955. Moved by Heck, seconded by Parchen, that the City Clerk be instructed to advertise for the gasoline bids. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CHULA VISTA SANITARY SERVICE was read, stating they have a three year contract to pick up and dispose of rubbish in the City of National City which expires June 30, 1955, and submitted a quotation. CITY MANAGER BIRD stated that Ordinance 762, Section 12, makes it mandatory for the City Council to advertise for bids. Moved by Heck, seconded by Jensen, that the City Manager reply to the Chula Vista Sanitary Service stating that in accordance with Ordinance No. 762 that bids must be submitted. Carried, all the Council 3/1 229 present voting aye. COMMUNICATION FROM LIONS CLUB was read, requesting the Council to reserve Kimball Park July 3rd and 4th for their Fourth of July celebration. Moved by Hollingsworth, seconded by Jensen, that the City Manager inform the Lions Club the Council's approval of their annual Fourth of July celebration. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Heck, seconded by Hollingsworth, that the Lions Club be furnished the park at a very nominal cost to be determined by the City Manager. Carried, all the Council preseht voting aye. REPORT OF CITY ENGINEER LILL was read with reference to the petition for 1911 Improvement Act beginning at the center line of Lanoitan Ave., thence westerly 630.58"' on the northerly side and 603.58' on the southerly side of E. 13th Street. The persons signing this petition are the owners of 82% of the property adjoining the proposed improvement. CITY MANAGER BIRD stated he would recommend this be referred to the City Attorney. Moved by Hollingsworth, seconded by Heck, the petition be re- ferred to the City Attorney. Carried, all the Council present voting aye. PETITION from property owners was read, requesting the Council to initiate proceedings, according to terms of the 1911 Act, for construction of curba, gutters and 4" asphalt pavement on 7th Street from "T" Avenue 300' East and "T" Avenue from 8th Street North 125' North of 7th. CITY MANAGER BIRD requested this be referred to the City Engineer for checking as to the validity of the petition. Moved by Heck, seconded by Hollings- worth, this be referred to the City Engineer. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had the matter of the Smog Ordinance which was presented at the pre -Council meeting and asked if the Council wished to take any official action at this time, or hold it until further determination of what the committee in general are going to do. COUNCILWOMAN JENSEN stated she went to the Smog Control meeting yesterday and related the opinion of the Council that we had as good, if not better, ordinance covering trash burning, and she was told we would be expected to have our own ordinance to conform with theirs; and it was alright with them that we still make application to our Fire Chief instead of Dr. Askew if anybody wants to burn rubbish. There will be another meeting in a couple of weeks. COMMUNICATION FROM SECURITY TITLE INSURANCE COMPANY was read, stating that upon examination of the records of San Diego County as to "0" Avenue between the North line of 8th Street and the South line of 7th Street which was closed to public use by Resolution No. 5741 and which is also referred to in Resolution No. 6298, they found that the City of National City acquired a fee simple title to said property by deed recorded Feb. 8, 1923 in the County Recorder's Office, and it will therefore be necessary for the City to execute a deed conveying the full fee title to said property in order to divest itself of the title thereto. At the request of Mr. Arnold W. Chamberlain, who together with his wife, is the owner of the property adjacent to said "0" Avenue on the East, a deed has been prepared from the City of National City to said Chamberlain covering the East half of said "0" Avenue. A resolution authorizing such conveyance must be attached to said deed. CITY MANAGER BIRD reported that this description has been checked by Engineering, we do have the deed. In 1952 the City Council did pass a petition under the street closing proceedings 3/1 230 act which purported to revert the property to the abutting owners, however it did not relieve the easements so sub- sequently last year a resolution was passed which eliminated the easements and authorized the City Clerk to prepare a quit claim deed. It is now a question as to the legality of these two resolutions, and suggested the matter be referred to the City Attorney for a report on the procedure. Moved by Hollingsworth, seconded by Jensen, this be referred to the Attorney for a report. Carried, all the Council present voting aye. COUNCILMAN PARCHEN excused. CITY MANAGER BIRD reported that he received a copy of the Public Utilities Commission's report which is available to the Council. HOUSING DIRECTOR GAUTEREAUX requested the transfer of $124.20 from the Olivewood Housing Security Deposit Trust and Agency Fund to the Olivewood Housing General Fund. Mr. Gautereaux reported that there are 44 vacant units as of date. Moved by Hollingsworth, seconded by Heck, that the City Attorney prepare a resolution for a transfer of funds, as requested by Housing Director Gautereaux. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. COUNCILWOMAN HOLLINGSWORTH stated that the Altrusa Club of National City wishes to have a tree planting program for the entire month of March, and have adopted a resolution, urging every resident, service club, fraternal organization and the City Council of the City of National City, to endorse and participate in the tree planting program. Moved by Hollings- worth, seconded by Jensen, that the City Council endorse this tree planting program. Carried, all the Council present voting aye. REPORT FROM PARK SUPT. GAUTEREAUX regarding City part- icipatinn in street tree planting was read, asking the concurrence of the Council in the following request: that the Park Supt. (City Forester) with the City Park Dept. personnel and equip- ment be, and is hereby authorized to cooperate and participate with the property owners by actually engaging in the work of assisting and/or the complete planting of street ornamental trees within public streets, commonly known as parkways of the City, and to the end that all phases of the work shall be done properly and to the satisfaction of the City Forester, and further, the City shall furnish no trees abutting private property or other than City owned property. It is felt, that upon the completion of one month's participation in this program, a satisfactory policy concerning actual street tree planting by the City can be determined; this matter as pertain- ing to Ordinance No. 801, Section 5 - Planting - has never received policy determination by any City Council to date. Moved by Heck, seconded by Jensen, that the City Council approve this tree planting program as presented. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH stated in the recent issue of the Western City magazine there is a very interesting article of how the Fire Underwriters grade Fire Departments in cities, and a photograph of National City's new fire station. COUNCILMAN HECK inquired if anything further has been done on the plans for the completion of the Fire Dept. CITY MANAGER BIRD stated the City Engineer, Fire Chief and City Manager have gone over the situation. The past Engineer's report showed that there was a target date set up, also that calculations 3/1 231 on the retaining wall as necessary have been made but would need further checking and that the drawings would have to be prepared. Mr. Bird stated they realize we do have a target date, also that we have $12,000.00 in Capital Outlay ear- marked for that particular project. The question now is either enlarging the $12,000.00 or shrinking the project to fit it. It should be forthcoming very shortly. COUNCILWOMAN HOLLINGSWORTH stated at the pre -Council meeting Friday night the question of the ten lots at 16th and Hoover which the City owns was discussed. The City Manager has received some bids for the purchase of the lots and it was the feeling of the Council that it be held over until we get it zoned M-2. Mrs. Hollingsworth said she thought the Council should give this some further consideration as the Council instructed the City Manager to get every piece of property owned by the City back on the tax roll, now when he has been able to obtain three tentative bids on this property we immediately stop it, and that she does not think it would have to be stopped and she would like to see the Council change their minds. COUNCILMAN HECK stated we have not received the appraisal, and one of the bids received was from an apartment house owner and that he did not think that area should be used for apartment houses when we plan setting it up as an industrial site. We should wait until the new zoning ordinance is adopted. COUNCILWOMAN JENSEN stetec she noticed there was a bill presented for the repair of the se..r pump and that it was just about six months ago that was repaied, and asked what the disposition is of the cess pool men, ar_r: whether they are opening up our man- hole and dumping there, w'i.ich causes the extra wear and tear on the pumps. CITY MANAGER BIRD stated this matter has been taken up with the Supt. of Streets and he has been informed that there is no dumping being made, to our knowledge, but a further survey will be made and the Police Dept. will be notified to watch for any misdemeanors if they are being committed. There will be more bills for the sewer pumps from time to time due to the fact there has been nothing done in regard to replacement or maintenance, etc. since the install- ation in the new area. COUNCILMAN HECK asked if there is any provision in our odrinances that require the citizens of National City to hook up to sewage within a certain specified time. CITY MANAGER BIRD stated that Ordinance No. 784, section 26, states that all buildings within 125 feet of the available City sewer system shall be connected to the City sewer system within five years after the effective date of this Ordinance. The Ordinance was adopted May 16, 1950. MR. BIRD stated in duscussing this matter with individual members of the Council he told them we were trying to bring up to date our sewer maps showing present existing connections and that we would attempt to carry on an advertising program forewarning the people of this date. In the past we have not, even though it is intimated in the State code, that a house should be connected to the sewer forthwith if it is within available distance to the sewer, been going by that as setforth, because of the policy of the past Council, which was that we would not require people to hook up to the sewer until such a time as the facility which they had at the present went bad. The question now arises whether the Council is going to go by this Ordinance, or are we going to have people come in who do not have the money to hook up to the sewer and their present facility is in good shape. Are we going to amend the Ordinance and grant leeway, or are we going to make a determined effort to enforce the Ordinance? This should be considered. COUNCILMAN HECK stated he felt 3/1 232 that possibly we should amend our Ordinance as the present one may cause some hardship. COUNCILWOMAN HOLLINGSWORTH suggested it be referred to the City Manager to see what proportion of the City is connect4d. Moved by Hollingsworth, seconded by Hodge, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 12:45 P.M. ;7 MAYOR, CITY OF ATION CALIFORNIA ATTEST: CITY CLERK *0000 3/1