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HomeMy WebLinkAbout1955 08-16 CC MINNational City, California., August 16, 1955 Regular meeting of the City Council was called to ord-r by MayorHodge at 7:30'P.M. o'clock. Council members •resent: Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, Wagner, Gautereaux, Curran, Bailey. The meeting was opened with salute to the Flag, followed by invocation by Rev. Warriner. Moved by Jensen, seconded by Hollingsworth, that the minutes of the regular meeting of August 2, 1955, be approved. Carried, all the Council present voting aye. Moved by Heck, seconded by Hollingsworth, that Alfred Fessman be appointed as a -member of the Council to fill the unexpired term of former Councilman George H.Parchen. Cares ed, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY CLERK ALSTON administered the oath of office to Council- man Alfred J. Fessman. COM"UNICATION FROM ALFRED J. FESSMAN was read, asking that his resignation from the Planning Commission be accented. Loved by Hollingsworth, seconded by Jensen, that the resignation be accented. Carried, all the Council present voting aye. RESOLUTION NO. 6465 T,ra^,read, accenting a deed for street pur- poses from BERNARD F. and FERNY 0. GRAYSTON. Moved by Hollings ' worth, seconded by Heck, that the Resolution be adopted. 'Carried, by the following vote to -Twit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None., Not voting: Fessman. RESOLUTION NO. 64.66 was read, granting a special zone variance permit to Irving G. Wilson for the purpose of converting an existing guest house located five feet from the side property line on a corner lot into an additional residence in an R-1 zone. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye, RESOLUTION N0.'6l67 was read, approving an agreement between J. R. Shattuck, and the Mayor is hereby authorizedand directed to execute the same. The final man of Ricardo Terrace Sub- division is hereby approved. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. "AN ORDINANCE OF THE' CITY OF NATIONAL CITY AP?ROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY OF CERTAIN INHABITED TERRITORY DESIGNATED AS MILL7RS ANN RATION ON THE 26TH DAY OF JULY, 19551 was presented. Moved by Hollingsworth,seconded by Heck, that further reading of the ordinance be waived. Carried, by the folloWing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: Alone. CITY ATTORN^Y CURRAN stated in regard to.the vacating and closing of the alley which eras requested by Mr. Cul.y, he would like to know whether it was the intent to close the 8/16 42 entire alley or only a. portion. Moved by Heck, seconded by Hollingsworth, that the ordinance be prepared fo-r,the closing of the entire alley in Block 119. Carried, by the follor ,ring vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. ORDINANCE NO. , "AN ORDINANCE OF INTENTION TO VACATE_ AND CLOSE THAT CERTAIN PURLIC ALLEY !SETT^1EEN NINTH AND TENTH STRFT,T' AND C00LIDGE AND HEARING AVENUES IN THE' CITY OF NATIONAL CITY", T^ras presented for the first reading and read in full. The hearing was set for 9:00 A.M., November 1, 1955. HEARING ON 1911 ACT for the improvement of Clairmont and_ Drexel Avenues was held at this time. CITY MANA7ERBIRD stated that written protests, as provided by law, have been received"by the City Clerk. REPORT OF CITY 7.NGIN-E? LILL was read, stating that prior to the hearing to beheld August 16, 1955 written protests have been filed with the City Clark by orners of the property representing 61.385 of the area of the property proposed to be assessed for the improvement of Drexel Avenue and Clairmont Avenue. It is therefore recom- mended that further Proceedings be denied and the proposed improvement be abandoned. Moved by Hollingsworth, seconded by Heck, that the proceedings be abandoned by the Council. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. DARING ON 1911 ACT for improvement of Seventh Street was held at this time. REPORT OF CITY ENIGNEER LILL was read, stating that prior to the hearing to be held August 16, 1955 written protests have been filed with the City Clerk by owners of the property representing 71.270 of the area of the property proposed to be assessed for the improvement of Seventh Street. It is recommended that further proceedings be denied and the proposed improvement abandoned. Moved by Hollingsworth, sec- onded by Heck, that the improvement act on Seventh Street be abandoned. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge, Nays: None. HEARING ON 1911 ACT for improvement of "K" Avenue was held. CITY CLERK ALSTON stated she received no written protests. Moved by Heck, seconded by Jensen, that the Attorney prena.re the necessary resolutions and steps to continue the proceedings. Carried, by the following vote to -?^pit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COUNCILuOMAN JENS N asked if there is any possible way that a deposit can be put up by the-,ronerty owners when they petition for 1911 Act Impprovements. REPORT OF TH7 PLANNING CO: ISSION was'read, regarding the grant deed from National Center, Inc., 12th & Highland, Inc and the Highland Shopping Center, dedicating a portion of loth Street east of Highland Avenue. Report from City Planner ?'7agner and City Engineer Lill indicated the South Bay Plaza has included City property in their off street parking lot and that the bumper guards are located approximately 3.9 feet from the southerly curb line of loth Street, The Planning Commission again recommended acceptance of the deed as sub- mitted, Providing full improvements, including five foot cement sidewalks in agreement with Ordinances No. 803 and 855 and subject to final approval of the City Engineer. Moved by Heck, seconded by Jensen, that the recommendations of the 8/16 LS Planning Commission be sustained. COUNCILTTOT'Aid HOLLITTSt.tO TH stated she cannot recall that the Council ever insisted that five foot sidewalks be installed. ATTORNEY CU 'PA 'T stated that inasmuch as this involves a legal question as well as a practical question the matter should be referred for study before any action is taken. Councilman Heck, with the con- currence of Councilwoman Jensen, withdrew the motion on the floor. Droved by Heck, seconded by Jensen, this matter be referred to the City Attorney for further study and recom- mendation to the Council before further action is taken. Carried, all the Council _resent voting aye. REPORT FROY.THE CIVIL SERVICE COMMISSION which Trac laid over from the last meeting was presented. Councilwoman Hollings- worth requested this be laid over until the next meeting. REPORT FROM TRAFFIC SAFETY COMMITTEE was read, ecommending that two lights be installed at the Shirley Manor Subdivision. One at the intersection of Salot and 8th Street, and one at Tolas and 7th Street. Moved by Heck, seconded by Hollings worth, that the Traffic Safety Committeets recommendation for the two lights in Shirley Manor Subdivision be a'Dproved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. ATTORNEY CURRAN reported regarding Assembly Bill 3071 which pertains to a further clarification of the authority of -Public bodies to increase the salary of an incumbent during the term of office during the declaration of war or National emergency. There have been numerous amendments to the Bill which was sent to the Legislature during World War II and the more recent amendment makes it clear that when there is no1 i ce action in which the United Nations has brought pressure to bear and the United States has been furnishing troops. That sort of military service will be deemed the equivalent to war time service. At the present time, as Attorney Curran knows, there are no troops engaged any place in any action which would qualify either the new amendment or the law as it existed prior to the amendment of AB 3071. rile question as to the applica- tion is something that may have/Await action in the future. Mr. Heck raised the more specific question as to_ the_ possibility of raising the salaries of the City Council from '10.00 a month, and Attorney Curran stated there is another section which requires that in any event the salaries of the City Council cannot be raised unless the matter ar•,ears on the ballot for the people. The Code section regarding increase in salaries is specific to the extent that the people who were in office and have an unexired term would not get the benefit of the increase and those who were elected thereafter would get the benefit of the increase, so there would be two salary classes for at least a two year period. ATTORNEY CURR.AN stated the question of the rossibility of the City using its own funds to ,purchase its 1911 Act Bonds, was referred to him at the last meeting. The suggestion being that by so doing the cost could be kept down, also that the City could enjoy the six percent interest rate on its money. As a matter of pure technicality there is probably no legal objection toa city, at least under certain circumstances, investing its funds in 1911 Improvement Act Bonds. However the question as to what ty_e of funds could be used might cause us more difficulty. There is a special procedure by which a city which does not enjoy the very excellent financial position such as National City enjoys, and which is very badly 8f16 ZL in dent by way of bonds can mass a special bond act to retire their bonds. That clearly would be a situation in which the 1911 ACt Bonds could be purchased,by a city. However as to using funds, even though they be in the Capital Outlay Fund which are being earmarked for some future improvement of some kind, the law contemplates that while those funds remain idle while the city is building up a reserve so that it can build a building or make some other Public improvement without going very heavily into a bond issue, those funds need. not lay idle and they can be temporarily invested. But the question arises as to whether or not investing those funds in bonds which would extend'for a period of nine years, which the 1911 Act Bonds extend, would be permissible, so it is something even though we have no exact legal prohibition, that would have to be very carefully considered before any action is taken toward -purchas- ing 1911 Act. Bonds. CITY ATTORNEY CURRAN renorted that the proposed ordinance for the regulation of birds and animals will be ready for the next meeting. ATTORNEY CU??AN stated that the contract with the 'Paradise Valley Sanitarium and Hospital for settlement of the claim has been returned by the Attorneys for the Sanitarium with the instructions that it can be effective upon delivery of the contracts, so that matter is now settled. ATTORNEY CURRAN stated at the last meeting a letter which had been received from the San Diego County Water Authority ad- vising,us that if it is desired that the City ray a -portion. of the County Water_ Authority tax it would have to take certain action, was referred to him, The history has been that the City does nay a portion of the Metropolitan Water_District taxes due to the fact that certain revenues are received from the California Water & Telephone Company by virtue of a con- tract by which the California Water & Telephone Company receives rater which is allocated to National City, However the County Water Authority taxes have never been assumed to date by the City Council, although hey can do so at any time. It has not done so in the east, and apparently the problem has not arisen, that however is entirely within the discretion of the Council. COUNCIUAN HEC„ asked_ if General Fund monies can be used for purchasing of 1911 Improvement Act Bonds. Mr. Heck said he had in mind the smaller Projects which would cost around 20,000.00 or 25,000,00. ATTORNEY CURRAN stated the problem T•rhich arises is a constutional one and involves the concept that your government, whether it be county or city, should go on a fiscal basis so that it does not raise any more money than is necessary to carry the necessary projects of the government during that fiscal year, so that in the event there is a sit- uation which arises that the city raises by taxation more money than it needs during any one year the theory is that the excess should be used to cut the taxes for the next year rather than being invested in funds of any kind, whether it be bonds or anything else, Attorney Curran said he would have very serious doubts as to the use of General Funds for Purchase of 1911 Act Bonds. COUNCILMAN HFCK stated that Attorney Curran said Capital Outlay Funds can be invested, and asked if it is purely a legal Question or just a matter of whether the City itself feels that they want to tie up their funds for a maximum of a nine year period. ATTORNEY CUrRA"T stated it is both, 8/16 45 when it comes to the question as to what is reasonable some- times the Courts 7i11 tell you vhat is reasonable and sometimes they will not, it is a question of facts. COUNCILAN HECK asked whether 20,000.00 or <25,000.00 could be used on the one project which was not protested out this evening. ATTORN7Y CUR"4N said it might be -'ossible if the Councills intent Was to elo i t , and assuming .tt could be done it would have to be included in the Resolution of Intention, but that he would like to check it Assuming that it ?*as legal then the question would arise as to the technic by which you accom•- 'r1ish it. HEARING Or REZONING OF i".cCO_=:'ACK ANN7KATIO ? we.s held at this time. It is proposed to be one R-1. CITY CLTR-' ALS`r'OITT stated she received no protests. Moved by Hollingsworth, seconded by Heck, this be referred to the City Attorney for the nreraration of the ordinances Carried., by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. HEARING OF ZONE VARIANCE OF GRIGGS PROPERTY was presented. COMMUNICATION FROM: E. E. and i ARIE GRIGGS was reads asking that wire fences for protection be installed, rather than wooden fences for privacy as recommended by the Planning Commission. Since. we have had the golf course, no one has suffered from bodily injury or property damage, no complaints have been made to the police department, and no one has ever objected to the golf course. PETITION signed by 26 people was read stating it is too demanding to ask for wooden fences. COMMUNICATION FROM FAY B. BRICEE was read., stating it seems unfair and unjust to insist upon I'Ir. and blrs. Griggs doing something that is not actually needed. COi'It'UNICATION FROM L. L. and BERNICE A. LONG was read asking that the Council not act on the petition of Elmer and Marie Griggs until they have heard the owners of the nronerty adjoining the proposed extension area. COMMUNICATION FROM GLEN C. and ELMA M. ISBELL was read asking that the re- commendations of the Planning Commission be followed. COMMU- ICATION FROM MR. and YRS. ROY TMr. SMITH was read requesting that the Council request a solid board fence be installed in order to provide protection and privacy for the abutting nron- erty owners. Roved by Jensen, seconded by Fessman, that the recommendations of the Planning Commission for aboard fence be upheld. IrS. L. L. LONG, 915 "N" Avenue, was present and presented a petition containing 65 signatures, asking that the Council recognize and protect the rights, welfare and requests of the home owners who would be affected by zone variances in areas permanently zoned as residential. Mrs. Long read commu _ nications from the following persons, all of whom requested that a fence be installed in accordance with the Planning Commission's recommendation: Mrs. Mary Grimmer; Gladys " Everett J. Dick- son;_Frank Ilitmer; Mamie C. Kurth; Norma Badillo= Hollis 2, Gladys Gardner. Mrs. Long stated they object to this golf course extension unless the owners _rut up a solid_board fence in order to conduct their own business, and asked that the Council uphold the Planning Commission's recommendation as they first made it, COUNCILWOMAN HOLLIN0-3 T0RTM stated there is a new zoning map which has been approved by the Council and will soon be adopted, and shows that 290 feet back_from the centerline of 8th Street will be zoned. commercial. Motion carried, by the following vote to -wit: Ayes: Fessman, Jensen, Hodge. Nays: Heck, Hollingsworth. BIDS ON FIFE STATION DRILL GROUNDS were opened as follows: 8/lei 46 GRIFFITH COMPANY, ?35,853454, R. E. HAZARD CONTRACTING COMPANY, 135,613.40. Meved_by Heck, seconded by Jensen, that thebias be referred to the City Manager for determination. Carried, all the Council present voting aye, BILLS AUDITED B! TH7 FINANCE C0M=TEE presented: • General Fund 7,279083 Traffic Safety Fund ,32769 Park M & 1Fund 1,71 39t Retirement Fund .2;206.63 Trust & Agency Fund 1,010.00 Payroll'Fund 28;229;Y5 TOTAL P'a Mbved by Hollingsworth_, seconded,by Heck, that the bills be allowed, and warrants drawn for same. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMMUNICATION FROM LIBRARY BOARD was read submitting, for the Councills consideration the .following names to fill the vacancy on the Board: Donald Evans Smith; Rodney Smith' .irs. H. H. Hallett. Moved by Hollingsworth, seconded by Heck that Donald Smith be appointed to the Library Board. Carried, all the Jouncil present voting aye. REV. W. R. VADEN, General Chaplain for the Christian,Union Club, was present and reported relative to the complaint from the area of t'!. 29th St. GEORGE BLACK?;TELL, 153 W. 29th Street, was Present and stated that the studio which Rev. Hall rented was not opened until after 9:00 A.M., not 8:00 A.M. as previously stated. PRICE C. AVETY, 441 Highland Avenue, was present and stated he would_ like to see the City establish a policy of weekly night meetings wherein they could invoke the assistance of the tax paying public. Hrc Avery said he would like to have the proposition of increasing the Councils remuneration to 150.60 a month to be_put on the April ballot. Mr. Avery said he was opposed to the City going into the banking business; if we have any loose money laying around, we probably have levied a _ higher tax rate than is necessary for operating our City, and if a 1911 Act is invoked we are getting very charitable to make it lighter on_a certain individual construction zone and tying our money up. In many of our metropolitan cities adjacent, you cannot even file an application for a job in the city un- less you have a residence address in that city. ? ;re have an ordinance that makes it mandatory that all of our employees live in the City, and that law should be enforced. HEARING- ON APPEAL' OF ZONE VARIANCE FOR KIDDIEt S PLAYLAND was held at this time. COM7UNICATION FROM IDS. C ARLES F, McOABE was read protesting the granting of the variance. CITY PLANAR "AGNER stated he wished to clarify statement Noe 3 made in the appeal letter dated July 21, 1955 by Jack Horgan .and. Roy Hill, which stated: "%Ir, Roy Hill talked to Mr. Magner before moving his equipment to this location on or about June 20th, 1955 to find out if everything was in order, Mr. Wagner t s _re-Dly was clear to Mr. Hill that he (Mr. Hill) made the move on or about July 1, 1955, ?':rith new fence, and the move, the cost was high". MR. WAGNER stated he does not clearly understand what is intend- ed in the statement, but it appears that some sort of urging or 8/16 47 approval was granted or inferred in this statement and that eras not the case. ROY HILL was present and stated he did not understand the letter himself. He vas told by _ir. ?'ragner that it was not zoned and he never made the statement that it was. - They are operating a reputable business and have had many compliments from parents who bring their children to the rlay— land. Moved by Heck, seconded by Hollingsworth, that the Planning Commission's recommendation not be sustained, and that the conditional exception be granted permitting kiddie- nlayland including__the pony rides in this R-1—A Zone. Mr, Fessman said he would have no objection to the n layland pro— vided some means were placed in the middle of Highland Avenue absolutely preventing anyone crossing that street on foot be— tween the pedestrian zones. Carried, by the following vote to —wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Fessman, Jensen. Moved by Hollingsworth, seconded by Heck, that this traffic•hazard be referred to the Traffic Safety Committee. Carried, all the Council present voting aye. FLORENCE UZUMECK_I, 524 "I" Avenue, was present, and stated she would like to concur with what Mr. Avery has said, and she believes the Council should receive at least 150.00 a month. Mrs. Uzumecki said she feels that the people who are employed by the City should live in the City, regardless of what their position is with the City, APPLICATION FOR REFUND'ON BUSINESS LICENSE by '•Tilber D. Cromwell, in the amount of 15,00, was presented. The application was arnroved by the City Treasurer and the -License Clerk. Moved by Hollingsworth, seconded by Jensen, that the refund be grant— ed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COM7UNICATION FROM 'METROPOLITAN ?rATER DISTRICT was presented, regarding allocation of taxes for the fiscal year 19.55-56. Moved by Hollingsworth, seconded by Heck, that the letter be referred to the City Attorney and that this meeting be adjourned to 9:00 A.M., August 25th. Carried, all the Council present voting aye. COM'.-UNICATION F70' LIBRA'Y BOARD OF TRUSTEES was read.'_^ecom— mending an increase of five percent for the Librarian, Irs. Baeder, to be effective August 15th. Moved by '-ollingsworth) seconded by Heck, this be referred to the Finance Committee. Carried, by the follo,=ring vote to —wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COITUNICATION R0 NATIONAL CITY TAN''AYE'?S ASSOCIATION was read stating,it is the opinion of the board that increased City business demands the increase in meetings, also that all nre— Council, manager's, bid opening, etc. be dispensed with, and all City affairs be transacted in open Council meetings. They also favor a pay increase for the Council with the stipulation that it be placed on the ballot in April, 1956, A discussion regardint increasing the Councilts salary was held at this time between Councilmembers Heck, Hollingsworth, and City Attorney Curran, A recess was declared at this time. The meeting was called to order by Mayor Hodge. Council mem— bers present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. 8/16 48 CITY CLERK ALSTON stated she had an insurance policy for the Desk Officer in the Police Department, and asked that it be approved by the Attorney. Moved by Hollingsworth, seconded by Heck, this be referred to the Attorney. Carried, all the Council present voting aye. COM"UNICATION FROI-i CALIFOpNIA WATER & TELEPHONE COi"'ANY was presented, stating that for the adoption of uniform service rules and minimum standards for all public utility water sys- tems in the State hearings will be held in San Francisco and Los Angeles. The initial hearings are to be held on August 31st in San Francisco and September 7th in Los Angeles. The hearing in San Francisco will be at 10:00 A.M. in the State Building and the hearing in Los Angeles will be at 10:00 A.M. in the Mirror Building. Moved by Hollingsworth, seconded by Jensen, this be referred to the City Manager and City Attorney, and if necessary for their attendance, that nernission be grant- ed. Carried, all the Council present voting aye. CITY CLERK ALSTON announced the League of California Cities meeting, Friday evening, August 19th at the Fireside Inn in Escondido. CITY PLANNER wAGNE7 stated the Council met with the Planning Commission last evening and discussed the proposed zoning ordinance. It will be redrafted according to the Commission's instructions and presented again to the Council. COMUN/CATION FROfi JOHN KIRKPATRICK was read regarding Susan Manor Subdivision, stating he would like to have the Council's disposition as to the drainage requirements as submitted by City Engineer Lill. I-Ir. Kirkpatrick stated he maintains that the drain is not a part of the subdivision and therefore it should not be necessary for him to imnrove it. It would be annreeiated if some action could be taken. C0UNCLwOM^;N HOLLINGVORTH asked if it is correct that Mr. Kirkpatrick does not own 37 feet along the side of his proposed subdivision. CITY ENGINEER LILL stated the ownership of land in that area is not known to him, however Mr. Kirkpatrick proposes to sub- divide a :portion of McCormack Annexation. The 37 feet in question, which is the westerly line of McCormack Annexation was not included on Mr. Kirkpa.trickt s tentative rnap. Mr. Lill stated he would not recommend that the City accept the sub- division. It leaves a 37 foot wide strip of land against the City boundary, The reason for leaving this stria of land in another ownership is not known to him, but on the northerly end of the 37 foot strip of land there is an existing drainage channel, so he assumes that is the reason for not including that strip of land in the subdivision. Mr. Lill said. it was his recommendation that the 37 foot strip of land be eliminated in some way or other. If Mr. Kirkpatrick will include this _ strip of land then automatically the drainage channel becomes a Hart of his subdivision and he will have to do whatever im- nrovernents are required by the City Council about this drainage channel. Moved by Hollingsworth, seconded by Heck, that Mr. Kirkpatrick be notified to get in touch with the City Man-ger and the City Engineer and see if they cannot work out a suit- able compromise on this matter, and that a report be brought to the next Council meeting. Carried, all the Council present voting ayes CITY MANAGER BIRD stated the Daughters of the American Revolu- tion have asked that the Mayor proclaim the week of September 17th to 23rd as Constitution Week, 8/16 49 COMMUNICATION_FROM THE CIVIL SERi'ICE comi'ISSION was read recom— mending that Yrs. . Jenkins be employed on a one-half day basis starting September 15, 1955 at one—half the present_ pay. COM— MUNICATION FROM CITY MANAG^R BIRD was read stating he recommends that the recommendation of the Civil Service Commission be concurred in and that Mrs. Jenkins be employed, effective Sept— ember 16, 1955,_by the Civil Service Commission on a one—half time basis as approved in the budget. .Also that her services be terminated as of above date as part time secretary to the City Manager. Moved by Heck, seconded by Jensen, that the City ManagerTs recommendation be allowed. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the City owned property in the vicinity of Division and 4th Streets. A title report was attached which was received from the Union Title Insurance & Trust Company. The necessary revisions have been made on our drawings to conform with the preliminary title report, and the_prints of the drawings will be furnished upon request. It appears that the City is now in a position to proceed with the sale of the parcel shown on drawing No. 210—L and that the title company will issue a policy of title insur— ance at the time of such sale. The description for El—Toyon Park will be slightly revised from that given by the title company but this revision will not affect the description of the land to be sold. COMMUNICATION FROM UNION TITLE INSURANCE & TRUST OOIPANY ad— dressed to the City Manager was read, stating a new.preliminary report is enclosed covering the real property in the City of National City shown on the City Engineer's drawings. Upon authorization they will issue a policy of title insurance showing the title to parcel one herein described in the City of National City and also insure parcel two upon the City's authorization to do so. CITY MANAGEJR BIRD stated this was - referred to the City Attorney and was to go to_the title com— pany. The City Attorney is preparing the resolution, as re— auired to dispose of that property. Mr. Bird said he would - like to refer this communication to the City Attorney so that he may proceed, and we should have authorization, when it be— comes necessary, to insure both parcels. MRS. 1'ARTHA SMITH was present and asked that when the mans are provided that one be given to the Park and Recreation Advisory,Board. APPLICATION TO MOITE A BUILDING by G. ?+T. Hamilton, dba, Acme Chevrolet, was presented. The building is to be moved from Sweetwater Avenue and Jamacha Road to the 1900 block on west side of National Avenue as a temporary building, to later be permanently located. The Building Department recommended the granting of the request subject to the following: 90 day time limit; performance bond; foundation, electric wiring and plumb— ing to comply with City Ordinance. REPORT FROM CITY PALNN 'R T.,rAGNE7 was read. Moved by Heck, seconded by Hollingsworth, that the application be denied. MR HAMILTON was present and stated he has been designated as the Chevrolet dealer for National City. His request for this building is strictly from a temporary standpoint. A metal building has been purchased and will be erected within the next two or three weeks. COUNCILWOMAN HOLLINGS"ORTH stated she would withdraw her second for another motion. Motion died for lack of a second. MRS. KODISH, 2107 "A6 Avenue, was present and stated she agrees with Councilman Heck, and Mrs. Hollingsworth in their position on the moving of this building. In the past, no matter how tem- porary it is at the time, it becomes permanent. It would de — tress the values in that area. Moved by Heck, seconded by 8/16 50 Jensen, that_,the application be denied. Carried, by the folloTti- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. APPLICATION TO MOVE A BUILDING BY MLRS. SADIE KINYAN was present- ed. The building is to be moved from 9072 Johnson Street, La Mesa to the Southwest corner of 20th and Valle Vista Street. BUILDING DEPARTMENT recommends the granting of this request subject to the following: 90 day time limit; performance bond in the amount of 11,000.00; foundation,, additional electrical or plumbing to comply with City Ordinance. REPORT FROM CITY PLANNER WAGNER was read. Moved by Heck, seconded by Jensen, that the recommendation to move this building be approved with the Building Department's and Planning Department's recom- mendations. Carried, all the Council present voting aye. APPLICATION TO MOVE A BUILDING BY GILBERT E. FRITZ Was present- ed. The building is to be moved from 3120 E. 8th Street to the Northwest corner of 8th and Rachael Avenue, REPORT OF CITY PALNNER WAGNER was read, stating that the R-4 District allows one_living unit per 1,000 square feet of lot area on a 5,000 square foot minimum lot with off street narking of _ one space tier living.unit. A ten foot minimum setback from East 8th Street and because none of the subject property has been deeded for the west one-half of Rachael Avenue and due to the possibility of future lots facing on_Rachael Avenue north of subject property when the street is deeded full width and subdivided, it is recommended that the structure be located not closer than forty feet to the east property line (30 feet for street dedication plus 10 feet for setback to line up with future houses to the north). The ordinance further re- quires a four foot minimum side yard from the west property line and a four foot minimum rear yard. REPORT FROM BUILDING DEPARTMENT recommendd the granting of the request subject to: 90 day time limit; performance bond in the amount of ^1,000.00; foundation, wiring and plumbing to comply with National City Ordinance. Moved by Heck, seconded by Jensen, that the appli- cation -be anprov_ed in accordance with the Building Department's recommendations and the Planning Denartmentis recommendations, and that this be approved only on the recommendation that the structure be located not closer than 40 feet to the east prop- erty line (30 feet for street dedication plum 10 feet for set- bac k to line up with future houses to the north). Carried, all the Council present voting aye, REPORT OF CITY TREASURER for month of July, 1955, was present— ed and ordered filed. CO?MtICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY was presented. CITY TANAGER BIRD stated this letter embodies the proposal of the construction of a filter plant. It is suggested that the matter be referred to the City Attorney and the City Manager for a report. Moved by Heck, seconded by'Jensen, that the lfanagerts recommendation be allowed. Carried, all the Council present voting aye. COfMUNICATION FROM HIGHLAND AVENUE IMPROVEMENT ASSOCIATION was read stating they wish to go on record as being opposed to a NO PARKING ordinance on Highland Avenue, CITY MANAGER BIRD stated that since this matter has been referred to the Traffic Safety Committee for a report he would suggest that this communication be turned over to them. 8/16 51 COMMUNICATION F'OiI DONALD A. STE?TART, Attorney for V. R. Dennis Construction Company was read, regarding the improvements of Harbison Avenue. After examination of the proceedings he is of the opinion that there are errors which -raise serious questions as to the validity of the proposed contract.. Atten— tion is particularly called to Resolution of_Intention No. 6385. The Resolution of Intention is defective in the opinion of Attorney Stewart. CITY MANAGE. BIRD stated Mr. Phelps is the Engineer.of Work on this project. Moved_by Heck, seconded by Jensen, that this be turned over to the Legal Department for a retort. Carried, all the Council present voting aye. CITY ATTORNEY CUR='AN stated there is a time element of vital importance which might compel us to take action prior to our meeting of_the 25th, so in the event it becomes necessary_ there should be specific authorization to bring the proceed— ings to justice by the V. R. Dennis Construction Comranyis lawyers. Moved by Heck, seconded by Hollingsworth, that the Attorney, be given the full authority necessary to pursue the matter including the necessary filing of action in court. Carried, all the Council present voting aye. COUNCILWOMAN HO_LLINGS�'ro TH asked if there is a possibility of raying off Mr. Phelps on the two projects. CITY I'ANAG„R 7I7D stated there is a procedure established by law in the 1911 Act prooeed.ings. The one job Mr. Phelps has is a combination 1911 Act and State money participation, namely 18th Street. If we paid off Mr, Phelps under that contract we would have to aban— don the proceedings. We would also pay him six percent of the 133,000.00. CITY MANAGER BIRD stated we have the trailer ordinance return— ed from the Legal Dent. with certain corrections made. It has been submitted to Planning T.Tith the corrections as noted and it will be in form for its first reading at the next Council meeting. NOTICE FROM THE STATE EMPLOYEESt RETIREMENT.SYSTEM regarding various Assembly Bills which have been passed, were presented and ordered filed for study at a later date. CITY MANAGER BIRD stated in regard to the two bids received for the Fire Station Drill Grounds he recommends that the Attorney prepare a resolution for the next meeting refuting and throwing out the bids on the ground of excessive cost. Our Engineering Dept. estimated ?28,000.00, we set up x15,500.00 and the tow bid was ? 35,613.4.0. Moved by Heck, seconded by Jensen, that the City Hanagerts recommendation be approved, and the Attorney prepare the resolution. Carried, all the Council present voting aye. CITY TANAGER BIRD retorted that September 18th to 21st is the League of California Cities Conference to be held in San Francisco, Mr. Bird said he would like to know how many of the Council members and Department Heads plan to attend. Moved by Hollingsworth, seconded by Heck, that the Department Heads- who wish to attendshould be permitted to do so with the usual ernenses paid by the City.' Carried, by the following vote to — wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. APPLICATION FOR A'DRIVEWAY by the Standard Oil Company at 8th & Highland Avenue, was presented. CITY I-ANACE' BIRD stated the fee has been paid, the atplication has been submitted to the Engineering Dept. A COIIUNICATION FROM THE STANDARD OIL 8/16 52 COMPANY stated they will relocate curbs and driveways when the adjoining streets are widened. REPORT FHCM CITY 7FG1-\77R LILL was read stating the driveways proposed do not conform to our requirements and variances are needed as follows: driveway on Highland Avenue and on 8th Street are in excess of 40 nercent_frontage as required by ordinance; driveway on 8th Street is too close to the property line. The Engineering Dept. is agreeable to granting these variances, and it is concurred in by_Ia.nagement. Moved by Hec?T, seconded by Fessman, that_the Manageris_recommenda.tion be allowed and the Attorney prepare the necessary resolution. Carried, by the following vote to —wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAO"R BIRD reported that we have entered into negoti- ations with the National Dry Kiln & Processing Company. They have requested anew lease and we have negoiated with them at an increase in rental, to which they are acceptable. The lease will be prepared for the next meeting, MAYOR HODGE appointed Councilman Fessman as a member of the Finance Committee. Moved by Heck, seconded by Hollingsworth, that the Mayor proclaim the weed of September 17th to 23rd as Constitution Neek. Carried, all the Council present voting aye. COUNCIL''0MAN JENSEN stated our next Council meeting will be during Aloha Week and she has been asked by the. publicity Committee to ask everybody to attend in your Hawaiian garb. COUNCILMAN HECK inquired if the Attorney has the necessary resolutions prepared to continue the proceedings on "Kn Avenue. ATTORNEY CURRAN stated they will be ready for presentation at the adjourned meeting. Moved by Hollingsworth, seconded by Heck, this meeting be ad— journed to 9:00 A.M., August 25, 1955. Carried, all the Council resent voting aye. The meeting adjourned at 11:30 P. , MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTE CITY CLERK 8/16