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HomeMy WebLinkAbout1955 08-02 CC MIN. n '0 National City, California, August 2, 1955 Regular meeting of the City Council was called to order by 7ayorr Hodge at 8:30A.7. o'clock. Council members ,resent: Heck, Hollingsworth, Jensen, Hodge. Council members absent: "one. AD7TNItT7ATI1777 OFFICIALS rre sent: : Alston, Bird, Lill, Curran, Wagner, Hendershot, 'Salley, Gautereaux. The meeting was opened with salute to the Flag , followed by invocation by '°'ayor Hodge. Noved by Jensen, seconded by Hollingsworth, that the minutes of the regular meeting of July 19, 1955, be ar,)roved. Carried, all the Council rresent voting aye. RESOLUTION NO. 6457 was read, granting a srecial zone variance rermit to Sweetwater Union High School District for the pur- rose of erecting a Jr. High School, including the usual rec- reational facilities connected therein in e R-1-A zone. '?oved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RTSOLUTION NC. was read, authorizing the County Assessor or his Deruty to examine National City's sales tax returns for the limited rurrose of securing economic data to be used in develOring assessed valuations. Moved by Jensen, seconded. by Hodge, that the Resolution be adopted. }Notion lost, by the following vote to -wit: Ayes: Jensen, Hodge. Nays: Heck, Hollingsworth. RFSOLUTION NC. 6458 was read, approving the agreement dated '"ay 71, 1955 with the County of San Diego for the maintenance of traffic signal ecui_rment at the intersection of 00th Street and Highland Avenue, any the Hayor is authorized and directed to execute the same. 'loved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council rresent voting aye. 'RESOLUTION NC. 64S9 was read, approving the agreement to con- duct recreation centers between the Sweetwater Union High School District and the City of National City, for the fiscal year 1955-1956, and the Nayor is authorized and directed to execute the same. Noved by Hollings -north, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RE'ORT FRC'' TH7 PLANTING CO- MISSION regarding Arnlication for Conditional Exception No. 532 signed by Irving G. '.rilson, relative to the rroperty located at 2040 "L" Avenue, was read. Petitioner is requesting permission to convert an existing guest house into a rental unit in an R-1 zone abutting an R-2 zone. It is also reruented to approve the existing five foot side yard on a corner lot. The Planning Commission recommended approval. Moved by Hollingsworth, seconded by Jensen, -that the Planning Commission's recommendation be sustained, and a reso- lution be prepared. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None, 7n7pr7T 7777Tg.T='.' PLANT*I7G COi-"-TSSInv regarding Arrlication for Conditional Excertion 7o. 731 signed by South Ray Properties, Inc., relative to a rortion of 10 Acre Lot 13 in 0.uarter Sec- tion 154 (1100 Block on 'Vest side of Highland Avenue) requesting 8/2 29 approval of a Kiddie's Playland, including ''ony Ride in an R-1-A zone, was read. The Commission recommended denial of the request. ADPEAL by Jack Morgan and Roy Hill was read, asking the Council to reconsider the an-lication. POY HILL and JACK P^ORGAN were present and asked that the Council give this consideration and that the hearing on the anneal be held at the earliest date possible. Moved by Heck, seconded by Jensen, that the hearing for the anneal be set for 9:30 P.M. August 16, 1955. Carried, all the Council ,,resent voting aye. M POET F?OM TH^ PLANMI ( C0:MISSION was -read. 'regarding the request of Frank 0. Culy, transnortation comnany owner, to close the northerly one-half of the alley in Flock 119. It was recommended by the Commission that the northerlye -half of the alley be closed. CITY CL7F7 ALSTON" stated Mr. Culy has deposited the necessary fee ' for the closing. Moved by Heck, seconded by Hollingstorth, that the alley be closed in its entirety. Notion lost, by the following vote. to -wit: Ayes: Heck, Hollingsworth. Nays: Jensen, Hodge. Moved by, Jensen, that the portion of the alley be closed which was requested. Motion died for lack of a second. Moved by Heck, seconded by Hollingsworth, that this be tabled until the next meeting. Carried, all the Council present voting aye. CANVASS OF BALLOTS of Millers Annexation was held at this time. The whole number of votes cast in said area at said Soecial Election was 30 votes. The proposition submitted and the number of votes given on said measure are as follows: "Shall annexation" be annexed_ to the City of National City, and the nronerty in such territory be, after such annexation, subject to taxation equally with the property within the City of National City, to na.y the entire bonded indebtedness of the City of National City outstanding or authorized at the date of the filing of the -etition for annexation?" P?.FCINCT FOR ANN77ATION Chollas 19 Absentee: None TOTAL T t Y A-AL��S A�T'T � .,,.r� �TTnnt 11_ 19 11 Moved by Heck, seconded by Jensen, that the City Attorney nreoare an ordinance for the annexation of Millers Annexation to the City. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Plays: None. RF'PORT OF TH7 PLANNING COi_--ISSION was read regarding the resolution from the National Avenue Business Fen's Association of Chula Vista and National City Chamber of Commerce relative to the proposed change of National Avenue to Broadway in Chula Vista which was referred to the Planning Commission by the City Council for a report. It was the opinion of the Commission that they do not feel any good would be grained by the City of National City in changing the name of National Avenue to Broadway or any other name at this time. Moved by Heck, seconded by Hollingsworth, that the Planning Commission's recommendation be sustained. Carried, all the Council present voting aye. 8/2 SO =L,:, 0R_ 77_ _.__ PLA7MING C0'_'-'TSsIOT' was raced stating a bulle- tin was received from the San Diego County Planning Commission relative to the revised schedule of meeting of the San Diego County Planning Commission. Mr. -Granger, Chairman of the Planning Commission recuested this communication be forwarded to the City Council for their perusal. 77707T OF THE PLANNING CC_I-1SSION was readregarding the grant deed from Bernard F. and. Fern 0. Grayston which was referred back to the Commission by the Council for recommendation on improvements. Report from City Engineer Lill advised that in his oninion it is not logical to require street improvements on the subject fifty feet of proposed street dedication. The dedication adds to existing street right-of-way, none of which is improved, and is not a separate parcel or extension of a street. It was the recommendation of the Planning Commission not to require street improvements on this dedication. Moved by Heck, seconded by Hollingsworth, that the Planning Commis- sion's recommendation for acceptance of the deed be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Heck, that the deed from Bernard F. and. Fern 0. Grayston be accented and that it be referred. to the Attorney for the preparation of a resolution. Ca_^ried, by the follow- ing vote to -wit: Ayes Heck, Hollingsworth., Jensen, Hodge, Nays: None. REPORT FROM THE CIVIL SFR %ICE, CO" ''ISSION recommending that certain employees be placed under Civil Service, was presented. COUNCILMAN was not favor of adding more AT HECK stated he in employees under Civil Service, ana that several of the depart- ments do not wish to be blanketed in. CITY MAMMAnER BIRD stated the recommendation of the Civil Service Commission calls for examinations for the various positions and. not "blanketing in" those employees mentioned. Mr. Bird stated he could. not see requiring those employees who have been doing a good ,job for a number of years to be required to take an examination. Moved by Heck, seconded by, Jensen, that the recommendations of the Civil Service Commission of July lt!•th be disallowed and not approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: none. REPORT OF THE TPAFFIC SAFETY COI•-mI_TTFE of July 13th was read. It was recommended that a boulevard stop sign be placed on National Avenue northbound at Division Street. Moved by Hollingsworth, seconded by Heck, that the Traffic Safety Committee's recommendation be approved. Carried, all the Council present voting aye. Moved. by Heck, seconded by Hollingsworth, that the Council members be furnished with conies of the Traffic Safety Committees minutes. Carried, all the Council present voting aye, E ORT FPO, PAPM B„C77EA^TON BOARD wasread,statingthe Park and Recreation Department in cooneration with the Recreation Activities Committee is planning to terminate its summer program with an Aloha Seek of activities to be held August 21st through August 27th. They request approval for conducting the following events: August 22-23; special events on local nlaygrounds. .For Kimball Park the following activities: August 26, tennis tournament, final baseball games, outdoor square dance and stage show; August 27th, tennis tournament, additional snorts contests, AAU swim meet and free water show; , Luau and Hawaiian show. It is nroposed to hold an aauacade 8/2 31 Sent. 9th and loth as the closing program for the swimming noel. Subject to Council approval they request the use of -'iriball Bowl, Tennis Courts, Swimming Pool, Community Building Yitchen and kitchen eouinment, setting up for approximately four booths and portable stage in the Bowl. Permission is recuested to charge the folloring rates: Luau Dinner: 11.25, T�rith additional refreshments to be held at a nominal price. tcua..ade: children, ` .50, adults 3 .75, COUNCIL:AN HECK stated he thought this was a very worthy n-roject but he questioned the schedule of fees as suggested, that he thought fifty cents for children was rather excessive. AT.TI-177 =7Ei\TDT.R- SHOT, Recreation Director, was present and stated the fee was suggested by the Swimming Association and. the -personnel at the plunge, but they will be willing to make any adjustment that the Council thinks is necessary, Yr. Nendershot suggested that thirty-five cents be charged for children, ;:over. by Heck, seconded by Hollingsworth, that the ^r'r and Eecreation' Advisory Board's recommendation and reauc.sts for _..mball Bowl, Tennis Courts, etc, , be a.nnroved_ with the recommendations for the price scale as amended, children thirty-five cents. Carried, by the following vote to -wit; Ayes: Heck, Hollings- worth, Jensen, Hodge, Nays; ,Tone. CITY ATTO7.77Y C'_ BAY reported that he met 'ri}h City :Engineer Lill regarding National Vista No. 4 annroven.t contract, The result of that meeting indicates there might be deficien- cies in our present cunt ea.c-c forms which we can keen in mind when we next have a subdivision seeking approval, ATTORNEY CTJERAN reported that the affidavit which the City Clerk had and which. was -referred to him was an affidavit which is requested by the Hetronolitan "ater District and._ also the San Diego County 'rater Authority. A-^narently there is in process a formation of the Otay water District. There was no objection to making that affidavit and. the City Clerk 7 s advised to proceed, CiTY.ATTORNEY CUEEAT\T rac1e a report of the opinion_ of the Tublic Utilities Commission on the application of the sap Diego Gas Electric Company, Of foremost importance to the City of National City is the nronosed zoning systems. The original a',nlication nronosed that the County be divided into four zones. At the present time there are only two zones. The City of San Diego and all nunicinal corporations enjoy the same rate for electric consumption. This zone system proposed in the application would have penalized the cities other than San Diego in proportion to eize and area, Another matter of vital importance to National City was the rates that the company proposed for the City of San Diego for street lights. Apparently for sometime the City of San Diego has enjoyed nreferentia.l treatment and has secured. electricity at consid- erably different rates than the smaller cities. The schedule which the San Diego Gas & Electric Company proposed be given for street lighting in San Diego was not arrroved and smaller cities now have the same basis for paying on street lighting as the City of San Diego. There was a somewhat similar situ- ation with reference to the furnishing of power for municipal purposes, such as operating numns for sewer system. The ques- tion was whether the City of San Diego should have preferential treatment. The Commission has determined that the -;referential treatment regarding municipal nower should be abandoned, but it would have such drastic effect on the budget of San Diego, they are going to give them two .years to equalize. There will 8/2 32 be another hearing and the question as to zoning will be one of the very serious problems. 'ATTORNEY CU^ AN stated that the Certificate of Insurance filed in behalf of Raymund T. Keener, dba National City Rubbish - Service, is satisfactory and approval is recommended Moved Heck; seconder. by Hollingsworth, that the Attorneys s rec- o.:ri nda- ion be allowed, Cerr:a.ed, by the' following vote to - wit A7:es; Heck; Hollingsworth, Jensen, :dodge. Nays None. ATTO='NFY OURTA'. stated the referrel of an amendment to the automobile policy on the policy issued by Fireman:e Fund Group to inclrlCLe the new fire ecuipment aPpears to be in order and approval,is recommended, '.c✓ce by Moillngsworth,,seconded by Jensen, that the amendment to the c?u ool..Le policy be approved, as recommended by t• _:, City At': :.'Ley , Carried, by the following vote to-wite :?fire Heck s:cllin.gs'.'orth, Jensen, Hodge, Nays' None U A TORN__Y CT7 i'�A`•? stated at 'i,}i; last meeting �'l. ? was authorized r17,.ed to rreoal-e whatever papers were _.eeessary to ,f ect the changes in CivilS,r- is 7tios liek There is no resolution or cad :1:,__.ce ncc„ssnl':y inasmn,ieh as after the Council aPnrovet, the (;lc'i _ Jurimi 3e1on t i ^' .jam the pe'sonnel o _cer mazes the r ;J__. c. change, • BIDS AUDITED BY THE Tier__ '7 pr sense : General Fund Trai. fi a. Safety _ and Park M & ._ .._iO. Retirement Fur.., TOTAL. , 27,19 ,.9l 387-15 or. :_%J ,167-15 t- 0 . . . . .27,842,56 Moved by Hollingsworth, seconded by,Heck, that the bills be approved and warrants ordered raw e. Carried, by the drawn for same. following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Ho(7='e, Naye None, R c7OLTTT O No. 6L- o was read, authorizing the foliowi_ng em end_ itures be made from the Capital Outlay Fund: Erectly Rros. , ?984.00 for Tennis Courts; Engineers' Service, ',20.76 for clans for sire Station Drill Grounds, total '1,004,76. Moved by Heck, seconded by Hollingsworth, that the ' esolUtion be adopt- ed: Carried, all the Cot?Weil present voting are, A recess was declared by Meyer Hodge. The meeting was called to order by Mayor Hodge. Council members present: Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. MAYOR HODGE stated he would like to reconsider the closing of the alley in Block 119. :,loved by Hollingsworth, seconded by Heck, this be referred to the City Attorney for the »reparation of an ordinance. Carried, by the following vote to -wit: Ayes: Heck) Hollingsworth, Jensen, Hodge. Nays: None. CONTINUED HEEARING ON NE" ZONE OREINANC was presentedat this time. CITY CLEF' ALSTON stated the City Manager prepared a brief on the hearing held July 26th, COMMUNICATION E HIGH- LAND AVENUE Ili 'RCVEMEMT ASSOCIATION was read stating they rec- ommend that the Council make certain deletions in the following 8/2 33 Sections of the proposed revisions to Zoning Ordinance 7o. 750: Section 3,18 paragra_)h.(A) 1. Delete the following words "but no new residential construction shall be permitted". Section 3.19 Paragraph (A) 1. Delete the following words "but no new residential construction shall be permitted". Moved by Hollingsworth, that this zoning ordinance be referred back to the Planning Commission to consider the results of protests or approval of the various points brought out in the hearing. Mrs. Hollingsworth stated she thought that City Planner T•ra.gner was aware of the recommendations as brought out at the hearing. COUNCILMAN HEC7 stated there are some narts of the ordinance which was not discussed or pointed out. One being that the Council must mate a written finding of facts setting forth wherein the Commission) s findings were in error. Mr. Heck said he did not think the Council has to put this in writing,, they might express themselves without putting it in writing. COUriCIL"OMAN J=ITS-Ir stated she concurred with Ir. Heck, and there are e. number of items in the ordinance that she thought should be revised. MAYOR HODGE stated he would like to commend the Planning Commission for the work that they have done, but that they should advise and give recommendations to the Council on "land use only", and that it be sent back to the Commission and try to keen the ordinance within the bounds of their prescribed duties. Motion seconded by Jensen. Carried, all the Council present voting aye. CITY CLEP`T ALSTON inquired if the Council would like to have the objections itemized as the hearing was not held at an official Council meeting and no minutes were written. COUNCILMAN HEM'. stated the City Planner has noted the objections as presented. CITY PLANIT R T•AGNE' suggested that under the abatement clause the time be 20 years instead of 10 years. COUNCILT^r0MAd HOLLINGST.rORTH stated she was opposed to the abate- ment clause but would consider a 20 year proposal. C^UTCTLYAN HECK stated that might be a compromise solution to the matter. COUTCILwOI"AN HOLLINGS'TORTH stated all the court cases that have been held on abatements have been for rarticul_ar areas and for particular reasons, and not taking in Such large areas as we have proposed in this ordinance, and that she_would go along with a 20 year abatement clause provided that when this zoning ordinance reaches the City Attorney, he rules whether it would be legal. Hrs. Hollingsworth stated she would like to recommend that the City Planner contact the City Attorney for a ruling that when a building is being constructed and off street parking is provided off of the area of which the build- ing and immediate property is concerned, that the Attorney __ investigate the legality of having the off street -corking area which is being provided, recorded. Also that Hr. ''.s.gner consult with the City Iianager and Fire Chief regarding the storage of Butane gas in -2 zone. COUTCTL,'70MAr.T JEITCTT,T ques- tioned Section 8.01 which states that it shall be the duty of the duly authorized representative of the Planning Commission, the Police Department, etc., whether it was permissible for a Planning Commission representative to enforce. CITY PLANNER T•rAGNE7 stated only if the Council so authorizes. COU?CIL- NOMAN JENSEN stated we have an enforcement department and they should be able to do the job. COUNCILMAN HECK questioned Section 5.13, Paragraph (B) regarding special use permits. It grants the Planning Commission the rower to issue such a rermit , and Mr. Heck thinks the Council should give armroval of special home occupational uses. APPLICATION FOR REFUND'ON BUC?_'_rESa LICEI\TS7 by Lucille R, T•'ilson, in the amount of ``2.50, was presented. Moved by Jensen, 8/2 34 seconded by Hollingsworth, that the refund'be made. Carried, by the'following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Hayes: 7one. AP7LICATION FOR ALCOHOLIC 77t7A1.7 LICENSF for off' sale beer and wine, to Talbert's '. arket, 932 National Avenue,was read."loved by Hollingsworth, seconded. by Jensen, that the anelication be filed. Carried, all the.Council present voting aye. PRICE A7IEPY, 441 Highland Avenue, was »resent, and stated he thought there was one element worth considering that is not embodied in the zoning ordinance, or brought to the attention of the Council. Mr. Avery said he thought zone variances could be limited to buildings and the occunation of land use wherein the further use of the land is in conjunction with the zone in which it is zoned. '•rh.en a niece of land is des- ignated to be used for other nurroses, other than that which is established by the zone in which it is located It should be set up that the land come, in under a zone change, MRS. KODISH, 2107 "A" Avenue , was ,present and stated she has had occasion to call the Police Dent. an report violations, and in every case they want to know who is calling. This is not done in neighboring cities. The violator is sometimes told who it was that reported them, and. this sometimes deters persons from reporting a violation. There may be a reason for the Police Dent. asking for the names and addresses, but Mrs. Kodish said she wished the Council would look into this. COUNCIL'!O AN JENSEN stated she thought there should be some kind of policy as far as the Police Dept. is concerned not to reveal to the violator who has made the complaint. PETITION FOP 1911 ACT II`"'ROVE.ENT for grading, paving, tyre G curbs and sidewalks on "A" Avenue from the centerline of 21st Street to a point 395 feet northerly of 20th Street and on 20th Street from the centerline of National Avenue to the centerline of "B" Avenue, was read. REPORT F7O7 CITY r T�`-INE R LILL was read which stated the petition contained the signa- tures of only 56,62 percent of the owners of frontage involved. and the Act requires 60 percent. The subject petition is in- sufficient in this regard, also to be considered is the neces- sity of obtaining,right-of-way from the Northerly portion of 20th Street between the East line of National Avenue and the alley to the East, together with two portions of "A." Avenue within the limits of the subject »etition as yet undedicated, CITY ENGINEER LILL stated it would certainly be of benefit to the City if some attempt was made to improve the streets in this area. CITY NANAGE7 PI='.D suggested that the circulator of the petition be notified that he will have to suo-element the petition, bringing it up to over the 6o percent Mr, Antirose has seen the report of the Engineer, and. is fully aware of the situation. Moved by Heck, seconded by Hollings- worth, that the City Manager's recommendation be allowed and that the circulator be notified that he must file an amend- ment to the petition in excess of 60 percent. Carried., all the Council present voting aye. COP?"'UNICATION FPON SAN 7ITG0 COUNTY "ATE AtTTrrOEITM was pre- sented in regard to the City's intention to ray the whole or R. stated percentage of the amount of taxes for the fiscal year 1955-56. Moved by Hollingsworth, seconded by Heck, this be referred to the City Attorney, Carried, all the Council present voting aye. 8/2 CLAIM F'0M V. L. i3P0, J7, 7043 7. 20th Street, against City equipment for damage to his fence, in the amount of "100.0n, was presented. Moved by Hollingsworth, seconded by Jensen, this be referred to the insurance Carrier. Carried, all the Council present voting aye. CITY PLANN77 ?TAGNEE stated in regard to the renaming of National Avenue that perhaps a recommendation from the Planning commis- sion and the Council to the City of San Diego to rename National Avenue in San Diego would help clarify the situation. Moved by Hollingsworth, seconded by Heck, that a letter be sent to the City of San Diego stating it is the recommendation of the Planning Commission and the City Council that National Avenue in San Diego be renamed. Carried, all the Council -present voting aye. CiTv nLANV7P wACNEP stated the Council authorized acceptance, upon the recommendation of the Planning Commission, of a por- tion of 22nd Street from _-r. and Mrs. Grayston. At the time this matter came before the Commission there was a strip of. land 10 feet wide by• approximately 185 feet from the '`ayweg property to the East, the Commission recommended not to accent i a deed of a 10 foot strip from Mr. Nayweg as it_would not suf- fice for the width of the vronosed future street, and Mr. Nayweg did not feel that he would wish to give any more than that. Mr, Mayweg has since passed away and Mr. Wagner stated he has talked with a representative of the bank who is handling Hr. Mayweg' estate and perhaps we may be able to obtain a full 20 foot deed. CITY PLANNER ,,rA0, reported that in the Planning Commission's recommendation to the Council on the zoning ordinance, there was tied in a recommendation for consideration of an ordinance to control domestic fouls, birds or other a.ninale within the City. Two public hearings were held by the Commission and they feel that this would be a better control of animals than we have had in the past. The Council might wish to recommend some disposition of this ordinance, or if there are cuestion- able sections it might be referred back to the Commission for clarification. Moved by Hollingsworth, seconded. by Heck, this be referred to the City Attorney for the preparation of an ordinance. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. REPORT FE0M CITY ENGINEER LILL regarding acceptance of National Vista "� Subdivision was read, stating he was advised by the City Attorney that the City of National City cannot enforce the grading of the sidewalk area on the Fast side of L7th Street and North of Alpha Street. It is recommended that National Vista 1 Subdivision be accented with the notation that the grading, although it is deemed desirable by the City Engineer, does not seem to be apart of this subdivision. It is also recommended that the bond for this subdivision be re- leased. Moved by Hollingsworth, seconded by Heck, that Nation - el Vista ='4 Subdivision be accented and the bond returned to the contractor. Carried, bar the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY ATT° NE.Y CURRAN stated that the prover procedure should be that a cony of the resolution or a communication from the City Clerk be directed to the bonding comra_ny so that they will have a record that the work has been accented,•but the bond should stay in the City's files. Moved by Heck, seconded by Hollingsworth, that the previously approved motion be rescinded.. Carried, all the Council present voting aye. Moved by Heck, seconded. by 3/2 36 Hollingsworth, that National Vista ;!t!• Subdivision be approved and a resolution be nreiared, and the City Clerk retain the bond on file. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nayes: None. REPORT FROM CITY ENGINTM R LILL was read regarding the tennis courts in Kimball Park. A final inspection has been made of the tennis courts and it is recommended they be accepted. CITY MANAGER BIRD Stated we have paid 90 percent of this work • under the contract, it is now a question of accenting the tennis courts so that the final 35 days begin its run as of acceptance by resolution. Moved by Heck, seconded_ by Jensen, that the City Manager's recommendation be allowed, and a resolution be prepared.. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER ?3IRD reported that he received a number of'letters from parents regarding the swimming program at the nooi, thank- ing the City for offering such a program. One of the letters contained the signaturesof approximately 260 names. RESOLUTION NO. 6461 was read, establishing a Special_ Street Fund. Moved by Hollingsowrth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6462 was read, adopting, budget and approving memorandum of agreement for e_noenditure of gas tax allocation for major City streets. Moved by Heck, seconded by Hollings- worth, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM DIVISION 07 iIGHwAYS was presented, showing the City's expenditure of S2,500.00 which was in Project 54, Pith Street and Montgomery Freeway. CITY MANAGER PIPD stated that sometime ago we were asked to process or negotiate a transfer of lease, at which time it was suggested that a new lease be entered into. COMMUNICATION FROM SULLIVAN HARDrrOOD LTT_B R COMPANY was read, stating they have negotiated to purchase the stock of the National Dry Kiln e; Processing Company located on Tidelands Avenue, National City. The transaction can be only after a satisfactory new lease can be worked out with National City. The lease desired would be on the same general form as the present lease including the supplement changing only the first section pertaining to the term of the lease. They would like a five year lease with two five year renewal options to follow, and with a rental at 2 cents per square foot rer year, subject to review at the end of each five year period. A flexible rental charge based on the cost of living index or some similar source would be accept- able. CITY MANAGE? BIRD stated that National Dry Kiln at the present time has a five year lease with an option to release for a period of one year. That lease terminates if they do not exercise their one year option as of Nov. of this year. CO_TMtTNICATION FROM NATIONAL DRY KILN & PROCESSING COM7ANM was read, advising that the share holders of National Dry Kiln Processing Company have entered into a contract with Sullivan Hardwood Lumber Company to sell all of the outstanding shares of National Dry Kiln to Sullivan Hardwood Lumber Con --.any, Such contract is conditioned upon National Dry Kiln 2c Pros_ essing Company securing a new lease with the City of National City in lieu of the present existing lease. It is requested that favorable consideration be given to a new lease along the 7/2 37 general lines proposed by Sullivan Hardwood Lumber Company, and in the event such lease is comsummated the National Dry Kiln & 'Processing Company will consent to the cancellation of its existing lease. CITY HANAG^R BIRD stated in his opinion the tT.rc cents Per square foot is an inadequate amount to be charged for that property. CITY MANAGER RID]) stated it has been indicated that the escalator clause was not »roper, and a.:!_eo been indicated that we should predicate our leases on a .set basis plus the application of a cost index malting a in_ F Xi'fh ie rental charge for the lease. moved by Heck, seconded by Jensen, that the City Kana.ger and City Attorney enter into r_egDt._ations with Sullivan Hardwood Lumber Company, Carried, all the Council present voting aye. 7.70,U"5T FROM GLENS FALLS INS? ANCF COrEA'TY for release of a relocation bond on the San Niguel School moving, was read. They want a letter of exoneration CITY 7'1Ai<AC77 7IRD stated there was a final ins'oection made July 20, 1955 and compliance has been made, and it is his recommendation that the '{2,00f.00 bond be exonerated. Moved by Heck, seconded by Hollingsworth,that the bond be exonerated. Carried, by the following follc ring vote to —wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD stated he has a bill for a bond for a desk officerwhich is in the amount of '1,000.00 for a year. Kr. Bird stated he was under the impression that the City had a blanket bond. CITY MANAGER BIRD stated a question was raised by a member of the Council which was in relation to a bond on one of our City officials, was if the bond was prorated at termination, Mr. Bird stated it is, it can be written on a short term basis, That question led to investigation and the officer is already bonded, so the bill was removed from the warrant register. CITY MANAGER BIRD reported he had a cony of a letter sent to the Commandant of the Eleventh Naval District from the Ele— mentary School Board inquiring as to the status of our housing Project, setting forth their reasons for the necessity of know— ing and outlining its proposed building program, etc. Kr. Bird does not know 7hat answer, if any, has been ma0.e to the - letter, it is along the lines of obtaining Federal Government release so that the School Board could then enter into negoti— ations with the City Council for that portion of the Olivevood- Housing which they deem is essential to their program. CITY NANAGER BIRD stated he honed that in the future we ..-i1l not have so many heeringe set for one Council meeting as we have for the meeting of August 16th, There will be seven hearings at that meeting. A better control of. our date line will eliminate that condition in the future, Hr. Bird stated we will have to have an adjourned meeting the 25th for the matter of the 'Water Authority contract, ^rtTTION NC. 6/.6` was read, a_ 3 a� stating that the ?roe_.. provided to be done for the installation of tennis courts in Mimba.11 Rark has been satisfactorily performed, and the City accents said work and orders that Payment for same be made in accord- ance with said contract. _loved by Heck, seconded by Hollings— worth, that the Resolution be adopted. Carried, all the Council present voting aye, RESOLUTION NO. 6464 was read, finding that the work provided to be done by the contract between City of National City and 8/2 , 38 Gilbert E. Fritz and Robert Bowers, dated August 30, 1954 for the installation of im_nrovements in National Vista No. 4 has been completed and the City Council accepts said work and improvements. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council ,resent voting aye. CRT OF HOUSING DIRECTOR GAUT 'FAUX was presented showing net revenue for June as 23,856.64, Report for nine r_ iths of operation of the housing, from October let to June Oth, vas read, showing the sum of "l97,354.95 as the net revenue for that period. REPORT FROM HOUSING DIR-CTOR GAUTE'EAUX was read regarding the leasing of a unit at 177 W. 29th Street to Rev. Wilburn_ Hall. COUIhTCIL?:TAN HECK stated wa have three 1911 Acts coming un for hearing at which time if they are approved it will be necessary to proceed and advertise for bids. Mr. Heck asked the City Attorney if it is possible on bond issues that involve perhaps '`20,000.00 or N30,000.00 for the City to purchase 1911 Act bonds at face value, thereby deriving 65 interest on their money. ATTORNEY CURRAN stated it would require study as there are some very serious limitations as to the way a City can spend its money or the way it can deposit it. COUNCILMAN HECK stated he would like"to have the City Attorney's opinion regarding Assembly Rill 3071, which is setforth in the Western City Magazine. It states that they do not know when the termination of hostilities was decreed. Mr. Heck stated he is thinking along the lines of increasing the salaries of elective incumbents, and thought it would be well for the Attorney to look into the matter, and give the Council a report on it. COUNCILIAN HECK stated that Housing Director Gautereaux sub- mitted a very elaborate report showing the costs of the in- creases which would be forthcoming to the City by the increase of approximately 2144 of the utility rates. He further states it is his suggestion, if the Council is willing, that he will submit a final proposal sheet setting forth an adjustment plan, and that he would be willing to confer with proper Governmental officials as to their conforming with this plan, Fr. Heck said he thought we should proceed further with this plan. Moved by Hollingsworth, seconded by Jensen, that Fr. Gautereaux submit a final proposal sheet setting forth an adjustment plan, and that he meet with the Governmental officials. Carried, by.the following vote to -wit: Ayes: Heck, Hollings- worth, Jensen, Hodge. Nays: None, COUNCILMAN HECK inquired if there has been any further pro- gress made on 18th Street improvement. CITY ENGINEER LILL stated the plans are almost prepared by the Engineer of Work, Mr. Phelps, and in two weeks we will be able to take them to the State Highway for their approval and we will then be able to proceed. COUNCILMAN HECK asked City Attorney Curran the status of the Trailer Ordinance. ATTORNEY CURRAN stated he believes it was referred back to the City Council by the City Attorney. CITY PLANNER *'rAGNER stated the minutes of April 5th shows that the Council discussed the Ordinance, and the minutes of May 3rd 8/2 19 shows that a hearing was held and an objection was raised. wey 17th minutes show that the report of the Planning Cormis- eit-1 'e(',cm-ended the the adOntion of the ordinance. Moved \ se„-p,ed by Jensen, that the City Attorney commence proE„nar,J'-. a trailer ordinance. Carried, 1"-)y the ng ,;te Ayes: Heck, Hollingsworth, Jensen, Nays: None. 1LYAN HECK inquired as to the status of the Business ene Ordinance. COUNCILwOMAY HOLLINGSwORTHstated the City Treasurer was to give a report to the City Manager regarding the proposed business license ordinance. CITY MANAGER BIRD stated he received the report from Hiss Holgate last week, and that he was going to present it to Attorney Curran. COUNCILMAN HECK stated he believes that 2..00 rer emnloyee is too low, but that he did not believe the fees were -resolved by the Council. CITY MANAGER BIRD asked if the Council wished this ordinance returned to them so that they can establish the fees and then it can go to the legal division for the proper drnft- ing.. When would the Council like to meet to go over the ordi- nance and determine the amount they wish to establish. 'CCUNCIL, MAN HECK stated he thought a snecial date should be set, and that could constitute one of the public hearings on the ordi- nance. COUNCILWOMAN HOLLINGSWORTH suggested this be taken un at the adjourned meeting on August 25th. COUNCILMAN HECK stated he would be in favor of having this,set for the meeting of the 25th. CITY MANAGE?. BIRD suggested that in our next all for bids that we do the same as we did on our 1911 Act, that is they be onened in the City Clerk's office at e. certain time in order to give Engineering ample time to give a report to the Council. Moved by Heck, seconded by Hollingsworth, that it be an established nolicy that bids be opened nrior to a Council meeting.. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that since the Business License Ordi- nance is to come up very shortly it would be annronriate to rescind the reference made at the last meeting to the City Manager and City Attorney. COUNCILWOMAN HOLLINSSwORTH stated the reason she made that motion was because a great deal de- pended on the City Treasurer's renort as to the nossible rev- enue to be received and whether there were any inequities, and if there were. items in the ordinance the Attorney should look over before it is finally adopted because the ordinance must stand up'in Court. ATTORNEY CURRAN stated it is his under- standing, what the Council really desires is not for the City Manager and City Attorney to draft nn ordinance but simply to make recommendations, and with that understanding we can go forward and the recommendations will be ready when the Council has their hearing date. Moved by Heck, seconded by Jensen, that the Business License Ordinance be placed on the'agenda of the adjourned session dated August 25th. Carried, all the Council present voting aye. COUNCILWOMAN JENSEN stated 8116 read in hte naner that our Police Dept. has hired legal counsel, and asked if that is regular procedure, and why should the Police Dent.. obtain the services of an attorney. CITY MAYA= 7IRD stated the Police Dent. 'did not hire an attorney, the Police Association hired one. They hired him to represent them in matters which will inform them of their rights, methods of protecting themselves, etc. It is 8/2 20 purely a function of the Police Association. COTrNCIL'•'OMAN J^NS 'N asked the status of a trailer when the wheels are removed. CITY PLANNF"' ''AGNFR stated the •-resent ordinance and the nrorosed ordinance prohibits the removal of the wheels off any trailer. COUNCIL'TOM"AN JENS''N stated there has been one standing at 31st and National Avenue for a long time and the wheels are removed., It is on the '3adders 'rop- erty. CITY PLANN"'? t.rAGN?_ stated they will make an investi- gation. Moved by Heck, seconded by Jensen, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 12:35 P.M., ATTTST: Y MAYOR, CITY OF NATIONAL CIT CALIFORNIA CITY CLTRK 8/2