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HomeMy WebLinkAbout1955 07-19 CC MIN13 NATIONAL CITY, CALIFORNIA, JULY 19, 1955 Regular meeting of the City Council was celled to order by Mayor Hodge .7:30 '.Ii. o'clock. Council members present: • Hollingsworth, Jensen, Hodge. Council members absent: Heck, Parchen. ADMINISTR.ATIV" OFFICIALS ,resent: Alston, Bird, Lill, Wagner, Hendershot, Curran, Raeder, Gautereaux, Bailey. The meeting was opened with salute to the Flag, folloT,red by invocation by Rev. Hamnett. Moved by Jensen, seconded by Hollingsworth, that the minutes of the regular meeting of July 5, 1955, be approved. Car- ried, all the Council present voting aye. Moved by Jensen, seconded by Hollingsworth, that the minutes of the adjourn- ed meeting of July 13, 1955, be approved. Carried, all the Council present voting aye. , RESOLUTION N0. 6437 was read, extending for one year begin-' ning July 1, 1955, the agreement with the City of San Diego, providing for the maintenance and repair of radio equipment for police and fire protection. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6438 was read, granting a special zone var- iance permit to Amerigo J. and Mary G. Iannucci for the rur- nose of constructing a two -bedroom apartment over a four -car garage, with reduction in the rear yard set -back to 6' even_ with the garage. Moved by Hollingsworth, seconded by Jen- sen, that the Resolution be adopted. Carried, all the Coun- cil present voting aye. RE -SOLUTION NO. 6439 w's'read, granting a special zone variance permit to L. TT. Cornman, for the nurnose of constructing an additional residential unit over an existing garage on a lot 45! x 1451 in an R-2 Zone, and permitting variance in. lot Width from 50! to 45!, and a side yard variance from 41 to 316". COUNCILMAN PARCH^N present. Moved by Jensen, seconded"by Hollingsworth, that the Resolu- tion be adopted. Carried, by the following vote to -wit: Ay- es: Hollingsworth, Jensen, Hodge, Councilman Parchen not voting. Absent: Heck. RESOLUTION NO. , Tras read, accenting that certein Deed of Dedication made June 9, 1955, by Sweetwater Union High School District. Moved by Hollingsworth, that the Resolu- tion be adopted. Motion died for lack of a second. RESOLUTION NO. 6440 was read, approving that certain agree- ment between Harry L. Trilliams and the Mayor is hereby auth- orized and directed to execute the same for and in behalf of the City. The final mar of "illiams Manor No:. 3 Subdivision is hereby approved. COUNCILMAN HECK present. The Mayor is authorized and directed to sign the final man of Williams Manor No. 3 Subdivision. Moved by Hollingsworth, se- conded by Jensen, that the Resolution be edorted.. Carried by the following vote to -wit: Ayes: Hollingsworth, Jensen, 7/19 1L. Parchen, Hodge, Nays: None. Councilman Heck abstained_ from voting. RESOLUTION NO. 6441 was read, approving and accenting the a- greement with Parise Valley Sanitarium & Hospital, provid- ing for settlement in full of Paradise Valley Sanitarium & _hospital's claim for refund of taxes, and the Mayor is auth- 3i'ized and directed to execute the same. Moved by Heck, se- conded by Jensen, that the Resolution be adorted. Carried., all the Council present voting a.ye. REPORT OF THE PLANNIITG COIrifISSION regarding Arnl icationfor Conditional Exception No. 527 of Elmer and Marie Griggs, 1440 E. 8th Street for permission to enlarge existing Pitch and Putt Golf Course, was, read, The matter was previously rem ferred back to the Planning Commission by the Council. It was the recommendation of the Planning Commission that the following fences be required as well as off -street -narking facilities for 10 cars: abutting the Long, Eurth_and the Nly 100 feet of the Isbell property, a sir foot high Solid boafd fer_ce tcppr'd by 12.feet of fine mesh;- abutting the Bird rror- erty; a four foot high wire fence and on all other nr operty lines, except along the twenty foot easement and along the 8th Street frontage to have'18 feet of wire fence. Moved by Jensen, seconded by Parchen, that the recommendation of the Punning Commission be accepted. Motion lost by the follow- ing vote to -wit: Ayes: Jensen, Parchen. Nays: Heck, Hol- lingsworth, Hodge. Moved by Heck, seconded. by Hollingsworth, that Conditional Exception No. 527 be granted with the re- quisition that a 12 foot fine wire mesh fence only be nut a- round the property excert on the South end adjacent to the Bird property as it T*as recuested by that property owner that they wish only a four foot mesh fence to protect their nror- erty. ATTORNEY CURRA1N stated in regard to the fifteen day provision it is his recollection that this came before the Couhcil and then referred back to the Planning Commission and they acted upon it and setforth the recommendation which is now under discussion, and that the last action of the 71an- ning Commission is less than fifteen days so we would be bound by the provisions of Subdivision Y, Section 20, even though no conditions were being changed, it would require the Council not to take action until the 15 days have elan- sed from the time the Planning Commission noted. Under that Section it would nnne ar that the matter is not properly be- fore the Council a.t this meeting, for any purpose. ATTORNEY CURRAN stated he would like to recommend that the -provision for the Council setting the natter down for a hearing by a notice setup so that the matter next time can be pronerly before the City Council on all issues. Councilman Heck said with theapproval of his second, and upon advice of the City Attorney, he would withdraw his motion, and move that this matter be tabled until the next meeting. Councilwoman Hol- lingsworth withdrew her Second and seconded the motion just made. Carried, all the Council present voting aye. BID OF DALEY CORP. for plant mix was opened at -this time. They stated they will deliver to the City of National City, 1000 tons or more of MC-3 Stockpile, 3/8" maximum, conform- ing to the City of San Diego Specifications, for the sum of 5.19 per ton. Moved by Parchen, seconded by Jensen, this - be referred to'the City Manager and City Attorney for their recommendation, and also that they make a report on compar- able rrices of this estimate and the last estimate we had. Carried, all the Council present voting aye. 7/19 15 HEARING ON CHANGE' OF CIVIL SERVICTa, REGULATION Tlas held at this time. No one was ;resent opposing the recommendations of the Commission, and no written protests were received. Moved by Hollingsworth, seconded by Paschen, that the Civil Service recommendation on pregnancy and sick leave be refer- red to the City Attorney,,and the necessary document, whether eminence or not, bo nrona.red. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: Non,. HEARING ON APPEAL OF I-rEEEIAL METALS COREORATIOrT on zDne variance which was denied by the'Planning Commission, was held at this tide. GA"RX L BERG, renresenting Im�aerial Metals Corn., was present, and stated their reouest was for a conditional except2on to operate a ferrous, non-ferrous and other reclamation and salvage business. The Imperial Metals Corn. eropos;s to lease the property, upon the grant- ing of the zone variance, And that prior to the commencement of its business nroeoses to enclose its yard within new solid fence of not less than eight feet in height, and will plant around said fence trees or hedges, whichever will meet the Cityts annrovnl, L. J. LeROY, Industrial Agent of the Santa Fe Railroad, waowneds present alld stated they have owned this piece of property in National City for some number of years, and that they are very careful not to locate anything on their property that is going to be detrimental, obnoxious or objectionable to a community, and at the same time they would not care to locate anything on the rroperty that is going to be obnoxious and objectionable to other industries which they might locate there. We feel that this business is of ess6ntial nature to the welfare of the community and to the nation. Mr. LeRoy asked that the Council give ser- ious consideration to this anneal for the reversal of the Planning Commission1s decision, and grant a permit to the Imrerial i!etals Corn. to locate on this property. COUNCIL- . 'AN PA''CHEN asked the City Attorney how much burning he could stop according to the Cityts and the Staters laws. ATTORNEY CURE.AN stated what, if any, changes have been made in the State Lahr he did not think anybody would know except those rseopie who were in Sacramento following the legislation as it went through. CITY PLANNER 'rAGNcR stated that all of the recommendations of the Planning Commission are based on sin- cere views of what is best for the City. Ord. No. 854 re- quired conditional exce;,tions to be granted on certain a1- lowabie land uses in the manufacturing zone, including junk yard, s^lvage enterprises and wrecking yards, and thnt those uses and similar uses ehnll be nermitted only by conditional exception, and only in such locations in the district and un- der such conditions ^.nd methods of operation as in the'orin- ion of the City Council will protect the nubile health, saf- ety and general welfare, and then in such cases the condit- ional exception may be granted. Mr. T+ra.gn-r stated it is his opinion that the Planning Commission felt that this section of the ordinance allowed the Commission and the Council, through the Commissioh's recommendation the opportunity to limit the number of salvage oneretions in our industrial 1Qnd, having counted some six already in existence, it was felt that thit section of the ordinance justified calling n halt to additional ones. BETTY EDELE"T, 2115 National Avenue. was present and stated she felt the City had about all the salvage Places we need in National City. JENNIE, TUR\TER, 2701 Highland Avenue, bras »resent, and Tres in favor of this con- ditional exception being granted. Moved, by Heck, seconded by Hollingsworth, that e sustain the Planning Commission's denial of this Replication. Motion lost, by the following vote lap -wit: Ayes: Heck.Hollingsworth. Nays: Jensen, 7/19 16 Parchen, Hedge. Moved by Parchen, seconded. by Jensen, that the Planning Commission's recommendation be denied, and the conditional zone variance be granted to Imperial Metals Cor- poration. Motion lost, by the following vote to -wit: Ayes; Jensen, Parchen. Nays: Heck, Hollingsworth, Hodge. MAYOR HODS stated -he would entertain a, motion that this be held over until the next meting. No motion was forthcoming, . REPORT OF THE PLANNIIW. COIMIMISSION regarding McCormack Ann- exation which was refe red back to the Gom;r!ission by the Coun- cil on July,5th, wg;,s 72cad. It was moved, seconded and unan- imously carried tha ater due reconsideration of the facts in the case, that t:no C ._mission wishes to change its original recommendation to theCouncil from R•-2 ,'nd R-1 zoning to R-1 for the entire property. ivIovad by Heck, seconded by Hollings- worth, that the hearing on zoning of McCormack Annexation be set for 8:00 P.I., August 16,1955. Carried; by the'follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT OF THE PLANNING:COITIISSION was read regarding the re- quest of Prank 0. Culy, transportation company owner, to close the northerly one-half of the alley in Block 119 bet- ween Ninth and Tenth Streets and between Harding and Coolidge Avenues in order to eliminate traffic hazards within the block and in order to fence the entire property for the pro- posed Southern California headquarters of the Culy Transpor- tation Company. A protest to the closing was made by Rev. T",r. H. Vincent, 923 Harding Avenue, on the grounds that such a closing would be detrimental to the development of his property which is being used for residental purposes in an M-2 zone. It was the recommendation of the Commission that the northerly one-half of the alley in Block 119 from the northerly lines of Lots 1 and 22 to the southerly lines of Lots 5 and 18. COUNCIL1OMAN HOLLIATGSt+rORTH stated she con- curred with the Planning Commission's recommendation in - closing that portion of the alley which Mr. Culy requested and would like to recommend to the Council that if they are go- ing to concur with the Planning Commission's recommendation that we go further and close the entire alley: COUNCILMAN PARCHE'N eta.tad he was opposed to the closing of the entire alley unless all the property o;,rners so desired. Moved by Hollingsworth, seconded by Heck, in order to proceed with the recommendation of the Planning Commission and the re- quest of Mr. Culy, that we recommend that the entire alley be closed from 9th to loth Streit, and that Mr. Culy be notified that the City Council will set a hearing upon de- posit of money to cover the cost of advertising of the hear- ing. Carried; by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen, REPOT OF THE PLANNING COi:"`-ISSION regarding Revised tenta- tive Mar of Orchard Manor No. 1 for Gilbert E. Fritz, west of Williams Manor No. 3 and south of loth Streit for 11 lots, was read. It was the recommendation of the Planting Commis- sion that they recommend to the Council the tentative ap- proval of Orchard Manor No. 1 Tentative Map as submitted, providing that Lot No. 3 or a. 60 foot wide portion of it be reserved for public street purposes and if possible the same to be improved with sidewalks, curbs, gutters, and street surfacing when Mr. Beall extends Pleasant Lane southerly to the subdivision boundary, and that the easements requir- ed by ordinance be shown and subject to any recommendations of the City Engineer. COUNCILAAN aAI?CHEI\T asked if we were accepting a dedicated street without the improvements. CITY PLANNER ,'AGN67 stated that is not the intention of the Plan- 7/19 17 tying Commission. This is tentative approval of -a tentative tap. In the interim between any anprovnl of the Council and the preparation of a final man the matter of Beall's proper- ty is to be resolved. It is the intention of the Planning Commission that at least this street extension be reserved for rublic street purposes. ,The Commission did not feel in a position to recommend whether improvements -could have to be placed on it at ..J.Lis.:;ime, however it n=.y- be the Commis- sion would be in a. uocition to recommend C_efinitely_on ap- proval of the final map. COUNCILMAN HECK stated he thought the mAtter of an off -set street should be corrected. GILBERT FRITZ, 945 "N" Avenue, was present, and stated the street was off -set for a purpose because he owns the rest.of the land which was in the tentative subdivision before, and by off -setting that street it makes the lots 125 feet. If he continues Arcadia Street, at the present time it is LO feet wide, it would make those lots 145 feet, and by taking 20 feet and adding to the lots, it makes fair size lots. As far as F. H. A. and Veterans Administration they like streets that are not through,streets. CITY ENGINT^R LILL stated that a 20' off set was only a traffic hazard, an off -set street should be 100 or 125 feet, and that a 20 foot off -set would create an undesirable situation. 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. Moved by Hollingsworth, seconded by Heck, that the Planning Commission's recommendations be sustained in regard to the Tentative Map of Orchard Manor No. 1, but with the recommenda- tion to the subdivider that if he can find it possible to change the "jog" of what would be the extension of Arcadia, Place, that'he do so. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM THE PLANNIFG COMMIISION was read regarding the Revised Tentative Man of Susan Manor No. 1 (Subdivision of McCormack's Annexation) south of 8th'Street and east of Harbison Avenue for Juan Kirkpatrick, for 40 lots. Mat a- gain revised by Mr. Kirkpatrick deleting the southerly 18 lots due to uncertainty of location of major east -west street through the tract and high cost of development. It was the recommendation of the Commission that the 'Tentative Map of Susan Mahor No. 1 for the northerly 22 lots, subject to showing the easements required by ordinance and subject to any recommendations of the City Engineer, be approved. COUNCIUTOMAN JEN= asked if this was satisfactory to the City Engineer. CITY ENGINEER LILL stated the southerly por- tion of the subdivision was deleted from the man he h's, which is satisfactory to him. There still is the question to him on the location of the subdivision in that it leaves a 37 foot widb strip of land on the west boundary between the City limits and the boundary of the subdivision. This, Mr. Lill stated he does not _recommend. There is adrainage ditch on the west side of the subdivision which he definite- ly thinks the subdivision is concerned with, and en agree- ment must be reached on that drainage ditch before he would recommend the subdivision. There are some minor things that need to be worked out, which the Tentative Man does not show. Moved. by Jensen, seconded by ParChen, that we turn down this Plan, as presented, unless the Planning Commission can come up to Mr. Lillis specifications, and he will O.K. it. Motion 7/19 lost, by the following vote to -wit: Ayes: Jensen, Parchen. Nays: Heck, Hollingsworth, Hodge. Moved by Heck, seconded by Hollingsworth, that the Planning Commission's recommenda- tions be adopted for the entatilge Map of Susan Manor No. 1 for the northerly 22 lots, subject to showing the_easements required by ordinance and subject to any recommendations of the City Engineer. Carried., by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT OF THE CIVIL SERVICE COMRIISSION was read, recommending the following: That a recommendation be made that Ordinance 712 Section 5 be amended by Adding I. All employees in City Engineer's Office under City Engineer on regular full time duty, J. Housing Manager and all employees in the Housing Project on regular full time duty, K. Chief Building Inspect- or and all employees in the Building Inspector's Office on regular full time duty, L. The Secretary to the Planning Commission, Switchboard Operator and the Purchasing,Clerk; these appointments, present and future subject to regular Civil Service Examinations. Moved by Hollingsworth, second- ed by Heck, that the recommendations of the Civil Service Commission be held over for further study by the Council. Carried, by the following vote to -wit: Ayes: Heck, Hol- lingsworth, Parchen, Hodge. Nays: Jensen. REPORT OF THE CIVIL SERVICE COI RISSION was rend, stating that the Civil Service Commission recommends that Mrs. Jenkins be employed on a one-half day basis starting September 15, 1955 at one-half the present nay. The reasons for this Are AS follows: Mrs. Jenkins wishes to complete her formal education and it is apparent that this could not be accommniished with- out sufficient time off to attend snecial college courses. It is the opinion of the Commission that a person with such _ additional education would be of more value to the community. Moved by Heck, seconded by Hollingsworth, that the Civil Ser- vice Commission's recommendation be approved, MAYOR HODGE asked if the City was obligated to allow this, and whether or not Mrs. Jenkins would continue to work for the City rafter she has completed her education. CITY ITAmAG:'? 'BIRD stated he could not Answer that, and he would like to study the situation and talk the matter over with Mrs.•Jenkins. Ayes: He&', Hcllin s= g1, ensen, Parchen, Hodge. Moved by P•rchsn is ii s 'kt'e "Y"a sd okrer until the next meeting, and that the City Manager be instructed to make a recommendation at that time. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen, Hodge. Nays: Hollingsworth. REPORT OF THE TRAFFIC SAFETY C0MMITT7E of June 15th was read And ordered filed. COUNCILWOMAN JE'NSEN stated there will be a meeting of the Recreation Advisory Board tomorrow evening and the report will be forthcoming later. ATTORNEY Mr7AN reported that the Travelers Fire Insurance Company's policy for fire, lightning, vandalism and malicious mischief for �. five year term commencing June 1, 1955 to June 1, 1960 appears to be in order and should be approved. Moved by Heck, seconded by Parchen, that the policy.be ap- proved. Carried, by the following vote tO-wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CU'RAN reported that State Compensation Insurance Fund Policy No, D-1OL 9l55 is in order and should be annrov- ed. Moved by Parchen, seconded by Jensen, that the policy 7/19 19 be approved. Carried, by the following vote to -fait: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY ATTORNEY CURRAN reported thPt a Binder for insurance is— sued by Glens Falls Tnsuring Raymond T. Keener dba: National. City Rubbish Service & City of National City, is no more than a binder and requires no approval as the policy must be forth— coming, and should be filed. CITY ATTORNEY CURRAN reported on the request of the San Diego County Assessor that his office be f urnished certain items regarding economic datav-rhich proposes to be produced from City sales tax data is being considered. Mr. Curran stated he has consulted with the City Attorneys Offic^ of San Diego and the City of San Diego permits the disclosure of sales tax information to certain people under certain circumstances. National Cityts Sales Tax Ordinance contains the identica1 language contained in the,City of San Diego's ordinance. Mr. Curran stated since the job of assessing has been turned ov— er to the County Assessor, he can see no objections. There— fore, within the discretion of the City Council, the City Attorney would be of the opinion that the information request— ed by the Snn Diego County Assessor could be released pro— viding the City Council would authorize, by resolution, the release. ATTORNEY CURRAN stated in regard to the position of the U. S. Attorney's Office relative to the Thibodo litigation, brought by Mr. Thibodo that he has advised the United States Attorney that he does not intend to participate in that litigation. Moved by Heck, seconded by Hollingsworth, th-+t the dity At— torney's recommendation not to participate in this suit, be approved. Carried, by the following vote to —Tait: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated at the last meeting there was a claim of James Klemme and Maxine E. Klemme which was referred to the Legal Dept. We have other claims that are pending, which have all been referred to the City Attorney. The City has an insurance policy to ta'.e care of these matters which gives the insurance company the right to negotiate and to pay the claims. This matter has been of some concern to both the City Manager and to the City Attorney. The Council should consider what liaison should be established with the insurance carrier to handle ell these claims. COUTCIL"ART HECK asked if we could not turn the claims directly over to the insurance company and ellow them to make the determination whether they will assume liability in behalf of the City or deny them. In the event they deny them then the claimant has recourse to Court and in that case would name the insurance company and the City in - the suit. ATTORNEY CURRAN stated on two of these claims the insurance company has had more than adequate time to inves— tigate and has done nothing, end failed to communicate Taith the City entirely. COUNCILMAN HECK stated if the insurance company is taking undue length of time to process the claims and does not give proper consideration to the City we should advise them that we might cancel our insurance and place it with another insurance carrier. COUNCILWOMAN HOLLINGSt•'ORTH stated she too thought the claims should be handled promptly or that we get another insurance company to handle the City's insurance. COUNCILMAN HECK stated there was no action taken in regard to the letter from the County Assessor whether or not we approve releasing the sales tax information to the County 7/19 20 Assessorle Office. Moved by Heck, seconded by Jensen, that the Attorney's recommendation be approved And a resolution prepared. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen, Hodge. Nays: Hollingsworth. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Funcl. 17,L4.12,03 Traffic Safety Fund 1,949.20 Park M & = Fund 515.47 Retirement `'und 15,857,32 Harbor Fund .90 Trust & fi.goncy Fund . ..20.00 Payroll Fund 26,319.49 TOTAL "62,074.41 Moved by Hollingsworth, seconded by Parchen, th,;.t the bills be allowed, and,warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. RESOLUTION NO. 6442 wa,s read, authorizing the_ payment of 16,000,00 from the Capital Outlay Fund to Freetly Bros. payment on tennis courts. Moved by Hollings worth, seconded by Parchen, that the Resolution be adopted. Ca.rried, all the Council present voting aye. GEORGIA INGERSOLL, 175 rT. 29th Street, was present r.nd stated she wished to find out if the Council has given permission to open a church ih the houning project next to her apart- ment, 177 W. 29th St. There are 40 or 50 children there every Saturday in the apartment and they create quite a dis- turbance. HOUSING DIRECTOR GAUTERE'AUX stated to his know- ledge there is no church being conducted, What may be term- ed as a church was originally anticipated to be a daily vacation recreation school under the auspices of Christian Union Society. Rev. and'Mrs. Hall are the head of the Society in this locality, and are also using the building at 24th & Highland Avenue. If there is a. disturbance of any sort he will look into it. DORIS NIXON, 125 ''. 29th Street, was also present in this regard. MAYOR HOD-. asked that this matter be taken up with Housing Director Gauterea.ux. COUNCIL'?.^.N PARCHEN stated he is on the Board of Directors of the Christian Union Society and he made no promise to any- body that the City Council was going to do anything. It was his understanding that these children were from the housing project and there was a basic need for recreation and re- ligious reading in the 'pro j_ect and if something was not done about this problem there T,ras going to be a lot of delin- quency in the area.. At the present time the Society has negotiated with the School Board to see if the :,;.bandoned school building can be leased. Moved by Heck, seconded by Jensen, that this matter be referred to the Housing Director and a full report of this entire matter be brought to the Council at the next meeting. Carried, all the Council pre- sent voting aye. MRS. CLARK, 2133 National Avenue, was present and asked why we cannot have more local people working in projects that are carried on by the taxpayers of National City. MAYOR HODGE said applications are put in public places and any- one can apply for the poositions. Perhaps the outside peorle were better qualified, and suggested Mrs. Clark consult the Recreation Director. JENNIE TURNER, 2701 Highland Avenue, was present and stated 7/19 .21 there is also a church school on the corner of 24th end Htgh- land, and she thought it_was sufficient to have them hold all of their sessions within the church building itself, and this should also be locked into. JUAN KIRKPATRICK, 38 N. "U" Street, was present a.nd stated he submitted the map on Susan Manor and the 37 feet that Mr. Lill talked about belongs to another person. Mr. Kirkpatrick asked if he was able to re -purchase the 37 feet and dedicate it to the City would the City accent that easement for main- tenance so that F,H.A, would insure the loan. If this can- not be done; there is_no reason for a.nnroving the man be- cause no buildings can ae built there. CITY ENGINEER LILL stated that 37 feet is not a suitable size easement there, and for the best interest of the City would be to get a complete easement, at least an approved channel. Mr. Lill stated Mr. Kirkpatrick could take 13 feet off his subdivision. MR. KIRKPATRICK stated '.f the City will not Accept the 37 feet for dedication he will withdraw his map. MAYOR HODGE suggested this matter be taken ur with the City Engineer. GILBERT FRITZ was present and stated he is the developer of National Vista #1 Subdivision, And they submitted plans and specifications which were approved by the City Engineer, and at this time according to their Engineer who submitted the plans, their Attorney, they have fulfilled all obliga- tions to the City of National City. He asked that the Coun- cil accept the subdivision improvements. CITY ENGINEER LILL stated that Mr. Fritz did a very nice job on the subdivision of National Vista No. 4, and he has called for a final in- spection. Moir. Lill wrote him a letter end stated in his opinion there is one matter to be settled, which is the grad- ing of the sideyard on 47th Street within the City of Sara Diego which is part of the subdiviion. It should be graded out to the standard sidewalk slope, end San Diegois steno. _ dards are the same as National City's. Another letter was sent to the City Attorney asking him whet to do in this case as it is his recommendation that the sidewalk area on 47th Street (City of San Diego) in National Vista No, 4 Subdivis- ion be graded out to National Cityts standards. As yet no answer has been received from the City Attorney. ATTORNEY CURRAN stated.he has the letter from the City Engineer un- der advisement. The two problems are related, but the en- tire problem requires very serious consideration and at this time the Attorney said he was not prepared to make his re- commendation. M2R. FRITZ asked *what is necessary to get the map accepted. They do everything that is on the map aocord- ing to the ordinances of National City. N'e want release of the bond and acceptance of the improvements. CITY ENGINEER LILL stated the agreement signed by Mr. Fritz and the Mayor of National City states that the improvements will be done to the specifications of the City of National City, and Mr. Lill stated he maintains the improvements are not done to the specifications of National City because this particular sidey'ard is not graded out. Moved by Parchen, seconded by Jensen, that the request of Mr. Fritz be denied at this time, pending the opinion of the City Attorney. and City En.. gineer. Councilman Parchen, with the consent of Council- women Jensen, withdrew the motion. Moved by Heck, seconded by Jensen, that since this matter has been referred to the Attorney, that the City Attorney and City Engineer bring areport in at the next Council meeting, August 2nd.' Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen, Hodge. Nays: Hollingsworth. 7/19 22 Moved by Jensen. seconded by Parchen, that wre move "Orel Commiinlcations" on the -:gender ahead of "Reports". 'Motion lost, by the following vote to -Tit: Ayes: Jensen, PA.rchen. Nays: Heck, Hollingsworth, Hodge. APPLICATION FOR REFUND'0N BUSINESS LICENSE by George Phillips, in the amount of 12.50, was presented. Moved by Hollings- worth., seconded by Parchen, that the refund be granted. Carried, by the following vote to -wit: Ayes: Heck, Hol- lingsworth, Jensen, P'.rchen, Hodge. Nye:aNone. APPLICATION FOR TR .NSFE'R OF OFF SALE BEE? & 1II"TE LICENSE for Rancho Market BasLet'#2 was presented. Moved by Par- chen, seconded by Jon. en, that the application be filed. Carried, all the Council present voting nye. REPORT OF CITY TREASJPER for month of June, 1955, was pre- sented. Moved by Hollingsworth, seconded by Heck, that the report be filed. Carried, all the Council present voting ^.ye. SERVICE AGREEMENT ON MT_i,'EOG A 'H MACHIrT^ for a period of twelve months in th amount of $50.00, was presented. Mov- ed by Hollingsworth, s=econded by Parchen, ths.t ^uthorizs.- tion be granted, and it be referred to the City Manager. Carried, all the Council, present voting aye. REPORT OF BYRL D. PHELPS, Engineer of w/ork, was read, stat- ing in regard to the paving of Herbison Avenue bids were received on July 14th-^nd opened at 2:00 P.M, on said date in the office of the City Clerk. The bid of V. R. Dennis Construction Comnnny wras "14,695.23. It is Mr. Phelpst recommendation that V. R. Dehnis Construction Company, the lowest bidder and under the Engineerls estimate, be award- ed the contract. Moved by Heck, seconded by Parchen, thrt the bid of V. R. Dennis Construction Company be accented, and a resolution be prepared. Carried, by the follor'ring vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY CLERK ALSTON stated sometime ago we ordered taxes can- celled on Lot 36 of Rancho Hills Unit No. 5, which the City now owns, and s report from the County Board of Supervisors states the District Attorney has given his written consent to this cancellation of taxes. CITY CL'RK ALSTON presented a.n automobile amendment endor- sement on our insurance, also a certificate of insurance from Raymond T. Keener, which were presented to the City Attorney for approval. CITY CLERK ALSTON stated she has a ma.o for the formation of a T +.►ester District outside the City limits of National City to get Colorado River water. An -^..ffidavit stating this Wnter District does not interfere with the boundaries of National City nor any annexations that we have in con- templation is to be signed. M. .^LSTON stnted she would like the City Attorneys recommendation whether or not she should sign the affidavit. and if'he so approves she would like the map checked by the Engineer's Office. CITY MANAGER BIRD reported in reg?rd to the tidelrnds lease of Aztec Lumber Comnsny, The Aztec Lumber Company went in- to bankruptcy ss of May this year, and under the terms of our contract with them there is a tyre of cancel lotion 7/19 23 oleuse. It is recommended that the City Attorney be .uth- orized to proceed with exercise of the cancellation under the bankruptcy Clause, and th*t we prepare for advertising for firm bids for the rental of lase of that property. Moved by Heck, seconded by_HollingsTorth, that the City Man- ager's recommendations be allowed. Carried,.by the follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Par- chen, Hodge. Nays: None. CITY MANAGER BIRD stated there will be a meeting of the Ir- rigation Districts Officerst Association to be held July 28, 1955 at 7:30 P.M. at New Fireside Restaurant in Escon- dido. RESIGNATION OF FLOYL T :NP?ERTY, Street Sutt . , was read, to become effective as of Cftober 1, 1955. Moved by Hollings- worth, seconded by Jensen, that the resignation be a.c ept- ed, and letter ex_pr:sling regret about his leaving the City and thanking hi for his very loyal service to the City throughout all these years, be written by the City Man- ager. Cerried, all the Council present voting aye. REPORT OF HEARING ON ENGINEERS REPORT on Proposed Improve- ment of Seventh Street from the Centerline of Palm Avenue to the westerly line of the Southeast Quarter of 40 Acre Lot 2 in Quarter Section 131 of Rancho de la Nacion, read. Recommendations of the Hearing Officer: It is re- commended that the project be continued for the following reasons: Only one written protest was received. The writ- ten protest filed end oral protests heard represent 351 of the total frontage proposed to be improved. ,This is less than the percentage required for Majority Protest of the project. Moved by Heck, seconded by Perchen, that the Hearing Officer's recommendations be approved, and that further resolutions be dram. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Pa.r6hen, Hodge. Nays: None. CITY MANAGER BIRD read a report from City Engineer Lill in regard to the nark property and other City properties of which we are proposing to sell lying in the Northeast cor- ner of the City. Three sets of property descriptions were attached, one for a nark and certain properties in Quarter Sections 130 and 105. The descriptions are believed to be accurate and suitable. It is possible that some changes will be required in then by the City Attorney and by the Title Company. It is suggested that conies of the des- crintion and drawings be forwarded to the Union Title Company for review, revisions and corrections. CITY ?AN- AGER BIRD s^id he would recommend for the Council's con- sideration that the Attorney be authorized to prepare for Id a hearing, as required by law, to set m".chinery in motion to dispose of the easterly portion of the 65, more or less,. acres, and also that the Title Company be required to check with the City Attorney in this particular matter. Also it is the Manager's recommendation that the City Attorney be instructed to prepare a dedication of the 29 acres, more or less, for a nark purpose, to be named El Toyon Park. Also that these descriptions to be checked through the Title Company. Moved by Heck, seconded by Jensen, that the City Manager's recommendations be approved. Carried, all the Council present voting aye. Moved by Hollingsworth, se- conded by Jensen, that the Title Company be empowered to do the research work on the rr oposed El Toyon area for the dedication of the park, but that the dedication and resolu- tion for that be held up pending the bids received for the 7/19 24 other land. Carried, all the Council present voting aye. DEED purporting to dedicate to the City for that portion of what is known as loth Street from Hi land Avenue east to annroxima.tely "LI' and north on °L" to the limits of the property of National Center,"Inc. 12th and Highland Inc., and Highland Shopping Center, was presented. CITY 7HA7AGER BIRD recommended this be referred to Engineering for check- ing as to the legal, and to the Planning Commission for a. report of the deed for acceptance. Moved by Jensen, second- ed by Parchen, that the recommendation of the City Manager be accented, and a resolution be prepared for acceptance. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, `''archen, Hodge. Nays: None. BILL FROM CITY OF SAN DIEC-0 for 1268,00 which is our nro- nortion of our share of the employment of Clarence E. Win- der in our defense of the 'public Utilities suit against the Gas & Electric Company, was presented, and. City Manager re- quested that a warrant be drr:rn for same, and that the bill be authorized to be paid. .Moved by Hollingsworth, seconded by Parchen, that this expenditure be'a.nnroved for payment and warrant drawn for sane. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Mays: None. RETORT FROM HPUSING DIRECTOR relative"to Water and Electric Cost Survey was furnished the Council, as requested; also a report requested from the Sanitation Dent. for seven months service by the Field Man. CITY MANAGER BIRD reported that we have been dying x5.25 for plantmix, and that the bid of Daley Corp. is a good bid and would recommend that it be accented and that "1. resolution be prena.red. Moved by Jensen, seconded by Par- chen that the recommendation of the City Manager be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER BIRD stated he thought a hearing date should, be set for Application No. 527 and also'for the rezoning of McCormack Annexation. Moved by Heck, seconded by Parchen, that the hearing cute for Conditional Exception No... 527 be set for 8:30 P.M., August 16th. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen, Hodge. Nays: Hollingsworth. CITY MANAGER BIRD stated we have not follow through•on our proposed new business license ordinance, and would like to have it referred, along with the up to date reports of the City Treasurer, to the City Attorney to prepare the ordinance. Moved by Hollingsworth, seconded by Heck, that the City Manager and the City Attorney prepare the ordin- ance so that it will be legal. Carried, by the following vote to -wit: Ayes: Heck, Hollings*<o rth, Jensen, Parchen, Hodge. Nays: None. CITY ATTORNEY CURRAN stated the reason the final roan for Ricardo Terrace Subdivision was not presented this evening is that the bond and proof of water service has not come to him for approval so we cannot proceed any further. RESOLUTION NO. 6443 was read, accepting the bid or Daley Corporation to supply National City with 1,000 or more tons of Stock Plant Mix MC3, and the Mayor is authorized to exe- 7/1° 25 cute the contract for the same for and in behalf of the City. Moved by Hollingsworth, seconded by Panchen, that the Resolu— tion be adopted, Carried, all the Cbuncil present voting aye. RESOLUTION NO. 6444 was read, overruling protests in regard to the improvement of Harbison Avenue between the center— line of Division Street and the centerline of Fourth Street. Moved by Heck, seconded by Hollingsworth, that the Resolu— tion be adopted. Carried., all the Council present voting aye. RESOLUTION NO. 6445 was red, awarding the contract for the improvement of Harbison Avenue, between the centerline of_ Fourth Street and the centerline of Division Street,to V.- R. Dennis Construction Company. Moved by Paschen, second— ed by Hollingsworth, that the Resolution be adopted. Car— ried all the Council present,voting aye. RESOLUTION NO. 6446 was read, finding that on May 2, 1955, Aztec Lumber Company, was duly adjudged bankrupt;. therefore pursuant to that certain lease by and between the City of National City and Aztec Lumber GOmpany, made and entered into the 16th day of June, 1953, City of National City here— by determines that the o-tion to terminate said lease should be exercised, e.nd the City Manager is hereby authorized and directed to serve .notice that the City of Natioml City has as of this date exercised its option to terminate said lease. Moved by Hollingsworth, seconded by Parchen, that the Resolution be adopted. Carried, all the Council pre— sent voting aye. RESOLUTION NO. 6447 was read, authorizing the following transfers to be made from the General Fund to the Cap— ital Outlay Fund, 160,000.00; from the General Fund to the Library Fund, as a loan only, 120,000.00; from'the General Fund to the Park_ Fund, a.s a loan'only, ,20,000.00. moved by Hollingsworth, seconded by Heck, that the Resolu— tion be adopted. Carried, all the Council present voting rye. RESOLUTION NO. 6448 was read, accepting Hearing Officer's Report on "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" Hearing, with regard to the improvement of Seventh Street from the centerline of '^a.lm Avenue to the Westerly line of the Southeast Quarter of 40 Acre Lot 2 in Quarter Section 131. Moved by Heck, se— conded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6449 *.,,pas read, adopting plans and specifica— tions for the improvement of Seventh Street from the cen— terline of 7M1m Avenue to the Westerly line of the South— east Quarter of 40 Acre Lot 2 in Quarter Section 131. Mov— ed by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6450 was read, "Resolutioh of Intention in the Matter of Construction of Streets and Improvement of Seventh Street from the centerline of Palm Avenue to the Westerly Line of the Southeast Quarter of 40 Acre Lot 2 in Quarter Section 131". The hearing is set, for the 16th day of August, 1955, at 8:00 o'clock P.M., at the meeting place of the City Council. Moved by Parchen, seconded by Jensen, that further reading of the Resolution be waived. Carried, by the following vote to —wit: Ayes: Heck, Hol- 7/19 26 lingsworth, Jensen, Rarchen, Hodge. 'Nays: None. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. ENGINEER'S RE?ORT on the proposed improvement of "K" Avenue between the centerline of,l8th Street and the centerline of 21st Street was read. The total estimated cost of the pro- posed improvements is ?19,920.00. RESOLUTION NO. 6451 was read, approving the Engineer's Re- port upon the proposed improvement of "X" Avenue between the centerline of 18th Street and the centerline of 21st Street. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council Pre- sent voting aye. RESOLUTION NO. 6452 was read, "RESOLUTION FINDING AND DE- TERi`INING THE :PERCENTAGE OF DEMANDS BY PROPERTY 0 TNERS FOR INVESTIGATION UNDER THE PROVISIONS OF DIVISION 4 OF THE STREETS AND HIGH?AYS CODE OF THE STATE OF CALIFORNIA" re- lative to the improvement of "K" Avenue between the cen- - terline of 18th Street and the centerline of 21st Street. Moved by Hollingsworth, seconded by na.rche.n, that the Res- olutian be adopted. RESOLUTION NO. 6453 wa-s read, ado -Ming plans and specifi- cations for the improvemlent of "K" Avenue between the cen- terline of 18th Street and the centerline of 21st Street. Moved by Parchen, seconded by Hollingsworth, that the Res- olution be adorted. Carried, all the Council present vot- ing aye.0 RESOLUTION NO. 6454 was read, "RESOLUTION OF INTENTION IN THE MATTER OF CONSTRUCTION OF STREETS AND IMPROVEMENT OF "K" AVENUE BETWEEN THE CENTERLINE OF EIGHTEENTH STREET AND THE CENTERLINE OF TrTENTY-FIRST STREET IN TE7 CITY OF NATIONAL CITY". The hearing is set for the 16th cony of August, 1955E at 8:00 o'clock "'.M. Moved by Heck, se- conded by Hollingsworth, that further reading of the Res- olution be waived and that the Resolution be adopted. Car- ried, all the Council present voting aye. CITY PLANNER ''rAGNER stated there is a question in his mind with reference to the acceptance of the deed for the North one-half of 24th Street submitted by the Sweetwater Union High School District. The reason for this question is that the zone variance allowing construction of the school was contingent upon the acceptance of the deed by the City. CITY ATTORNEY CURRAN stated that the minutes of the last meeting provided that upon accerta.nce of the deed it would thtin be Possible to proceed with the zone variance. RESOLUTION NO. 6455 was read, ;ecepting Dead of Dedication made the 9th day of June, 1955, by Sweetwater Union High School District. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, " .a.rohen. Moved by Hollingsworth, seconded by Heck, that the City Attorney prepare a resolution a.nnroving'Apnlication for Conditional Exception No. 502. Carried, by the follow- ing gote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Dardhen. 7/19 27 PRO"OSED BUDGET was presented at this time. COUNCIL1�.TOMAN HOLLINGSwORTH sta.ted th^t she would like to request the re- duction of one item in the Library budget, namely the ex- nenditure of `1,000.00 for the purchase of a. record nlnyer and records, and that it be reduced to 500.00 ^.s the L_Lbrory Board believes they will be a' -)le to get an adequate instx-u- ment for that sum. COUiTCIL'7OMAN JENSEN said she ha.d secur- ed prices from various firms for record players and that one could be purchased for less then H500.00. Also that the prices for other furnishings in the Library are too high, GENE-/P_L DAVIS, Chairman of the Library Board, w-'.s present, and statedthey have made further investigrtions of the installation and n ouotrtion to them was a.n estimate of L;00.00 to N500.00 for merely the inst^llation pnd no re- cords; another quot^tion which runs "400.00 for the instnl- lation ^.nd no records, and another one for 250.00 which is not of the same quality as the others and does hot include the records. They feel that the request for 500.00 is reasonable for the tyre of installation they can be *proud of. with respect to the other items, these are taken from the Standard Catalog as annroved by the Federation which sets standards for library work, Moved by Heck, seconded by Hollingsworth, th^t the budget ^s presented to the Council with the increases as redommend.ed and ^.11 chases of the bud- get, with the excertion of the Library budget which is to be reduced by the m m of '500.00, be adorted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge, Nays: Jensen; iarchen. CG I' UNICATION FROI'I COU?CILILN -A' CH^N was read, stating he he hereby tendering his resignation as Councilman, to be- come effective immodia.tely. Moved by Hollingsworth, second- ed by Heck, that the rosigna.tion of Dr. Parchen be accented with regret. Car:^ied, by the following vote to -wit: Ayes: Hoek, Hollingsworth, Jensen, ''nrchen. Nays: Hodge. DICE AV'CRY wns or^sent ^.nd questioned the ta.x levy for n^rk improvement. C0UNCILirOI T L'OLLTNGS;+FORTH stated the City Manager answered th^.t rt the last cleating. MR. Av RY stated he would like to have a statement from the City Attorney. IiA"OR HODGE suggested th^.t Mr. Avery talk with the City At- torney or City Manager,tomorrow in this regard. Moved by Hollingsworth, seconded by Heck, that the raises as setup in the budget for the various employees be made legal by a. resolution. Car:^led , by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen. RESOLUTION No. 6456 wa,s read, a.donting the Snlr.ry Schedule 1955-56, a.nd the ratos therein set forth are hereby fixed as the salaries for each c1^ss of City service, until such time as this resolution nay be amended by further action of the City Council. Moved 19y HollingswortA, seconded by Heck, the Resolution be ad'-pted. Carried, by the following vote to -wit: ,Ayes: Heck, Hollinsworth, Hodge. Nays: Jensen. Moved by Hock, seconded by Jansen, that the meeting be closed. Crrried, a11 the Council tiresent voting ^ye. Meeting closed at 1:30 A.M. TTT : CITY CLERK MAYOR, CITY 0^ NATIONAL(%CITY, CALL^O?NIA 7/19