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HomeMy WebLinkAbout1954 05-04 CC MIN265 National City, California, May 4, 1954 Regular meeting of the City Council was called to order by Mayor Hodge at 7:30 P.M. o'clock. Council members present: Heck, Jensen, Parchen, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Warwick, Curran,''. Gautereaux, Bailey. Students from Sweetwater High School were present taking the place of the Council, Mayor, City Clerk and City Manager. The meeting was opened with the pledge of allegiance to the Flag, led by Acting Mayor Redman and invocation by Rev. Charles Knight. STANLEY BIGGS, President of the National City Employees' Association, presented Mayor Hodge, on behalf of the Association, with a gavel. COUNCILWOMAN HOLLINGSWORTH present. WILLIAM A. NOSAL. 3016 Division Street, was present in regard to curbing and paved streets in that block. CITY ENGINEER WARWICK stated at the time this first came up he informed Mr. Nosal that the development plans for that subdivision showed there were to be curbs and sidewalks built along Division Street on the South side for the entire length of the subdivision, but for some reason they missed about the three easterly lots. He checked and there is nothing to show that the lots were removed from the subdivision. Mr. Warwick stated he has been unable to find an agreement with the sub- divider. MAYOR HODGE requested this be referred to the City Manager for his recommendation at the next meeting. WALTER DAVIS, representing the Legislative. Committee of the San Diego Citizen's Advisory Committee on Bay Area Development, was present. Mr. Davis read The Plan for the formation and administration of a Port Control Board and asked that the City of National City give it some study, and render an unofficial opinion at the next meeting. MAYOR HODGE laid this over until the next meeting for study. EVERETT DICKSON 2745 E. 14th Street, was present and asked for advice on street improvements in the City, such as Palm Avenue, 18th, 24th Streets and those that badly need improving, and asked that he be referred to someone who could give him advice about the streets. MAYOR HODGE referred Mr. Dickson to Street Supt. Finnerty. P rotte B. F. 4IORRISON, 5052 Sady Dr., San Diego, Was present and stated he owned property at 20th and Orange and petitioned the Council to accept an easement for the street, and he would pay for all the improvements. MAYOR HODGE requested this be referred to the City Manager for submission to the Planning Commission. CITY CT,F,RK ALSTON announced that we would now have opening of bids at this time. Bid for the picking up of garbage was as follows: F. SAN MARTIN & SONS, $400.00 a month from July 1, 1954 to June 30, 1955 or for a three year contract as follows: $300.00 a month from July 1, 1954 to June 30, 19553 $350.00 a month from July 1, 1955 to June 30, 1956, $400.00 a month from July 1, 1956 to June 30, 1957. A certified check in the amount 5/4 266 of $250.00 accompanied the bid. MAYOR HODGE referred the bid to the City Manager. BIDS for draperies for the Library were opened as follows: HENRY LEVY FURNITURE COMPANY, total cost $1,158.85, a certified check in the amount of $115.00 accompanied the bid; HAAF'S MAPLE FURNITURE, total cost $933.00, a certified check in the amount of $100.00 accompanied the bid; DESIGN CENTER, bid #1 in the amount of $1,625.30, alternate bid, $1,343.50 with 10% discount allowed on fabric if bid is awarded. This discount allowed on either bid. A check in the amount of $165.00 was attached. H. L. BENBOUGH COMPANY, National City, $1,258.68. There was no check accompanying the bid. Bid of ALBERTSON'S, $801.01, with a bid bond in the amount of $80.10 attached. MAYOR HODGE referred the bids to the City Manager. The hearing on the closing of a portion of Wilson Avenue and a portion of 12th Street was held at this time. CITY CLERK ALSTON stated there have been no further developments and suggested this be continued until the next meeting. RESIGNATION OF CECIL F. ALLEN from the Planning Commission was read, effective this date. Moved by Heck, seconded by Hollingsworth, that the resignation be accepted with regrets. Carried; all the Council present voting aye. APPOINTMENT OF CIVIL SERVICE COMMISSION MEMBER was presented. Moved by Hollingsworth, seconded by Heck, that Cecil F. Allen be appointed. Carried, all the Council members present voting aye. MAYOR HODGE stated there are two vacancies on the Planning Commission to be filled, and asked for nominations. RESIGNATION OF ALVA ELMORE from the Planning Commission was read. Moved by Heck, seconded by Hollingsworth, that the resignation be accepted with regret. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays; None. Moved by Heck, seconded by Hollingsworth, that Philip McClure be appointed to the Planning Commission for the term expiring March 2, 1958. Carried, all the Council present voting aye. Moved by Heck, seconded by Hollingsworth, that Charles G. Kerch be appointed to the Planning Commission for the term expiring January 21, 19561 C rried, all the Council present voting aye. 5-5a�, IMPROVEMENT OF 18TH STREET was presented. CITY CLERK ALSTON and CITY ENGINEER WARWICK stated they had no further information in this regard. CITY MANAGER GAUTEREAUX stated he talked with Mr. Phelps, Engineer for the 1911 Act procedure, and at the present time we are in need of additional signatures which are necessary to proceed with the work. Mr. Phelps said he will contact a large land owner on 18th Street and procure the n.9-nssary signature so we may proceed. MRS. ARA DONALD, 2340 n.. 18th Street, was present and stated she took a petition out but could not get anyone to sign it, and she contacted Mr. Beuthel and he said if the Council would request them for more money he would put his O.K. on it to give more money for 18th Street from gasoline tax funds. MAYOR HODGE requested this be referred back to the City Manager to see if we can obtain more gas tax funds. COMMUNICATION FROM CITY OF CORONADO relative to San Diego Bay was presented. CITY MANAGER GAUTEREAUX said Mr. Goodbody of 5/4 267 Coronado talked with him and stated that in behalf of Coronado and San Diego would like to further negotiations concerning the Bay boundaries and reopen the Bay discussions as they had ended some time ago. Mr. Goodbody is going to endeavor to get a committee in action for the purpose of further discussing this matter. It was requested this be laid over for Mr. Gautereaux to study. COUNCILMAN PARCHEN stated he would like to have a correction made in the minutes of the meeting of April 21, 1954. On Page 256, paragraph 6 regarding the application for off sale beer and wine beverage license to Cozine's, he wished included that his reason for voting "no" on this was because it is too close to a church. Moved by Parchen, seconded by Jensen, that addition be allowed. Carried, all the Council present voting aye. Moved by Jensen; seconded by Parchen, that the minutes of the regular meeting of April 20, 1954, and the adjourned meeting of April 21, 1954, be accepted with the correction mentioned. Carried, all the Council present voting aYe. COUNCILMAN PARCHEN asked if it required a roll call vote when you dispense with the reading of the minutes. ATTORNEY CURRAN asked what Rules of Order the Council has been using; Roberts Rules of Order or Masons. It would be very helpful to determine our guide in these parliamentary matters. Moved by Parchen, seconded by Jensen, that Roberts Rules of Order be adopted and be abided by at all Council meetings. Carried, all the Council present voting aye. CERTIFICATE OF INSURANCE FROM NATIONAL LUMBER COMPANY on tide- lands lease was presented, and City Clerk Alston asked that it be approved by the City Attorney. MAYOR HODGE ordered this laid over until the next meeting. NOTICE OF HEARING for increased rates by San Diego Transit System was presented. The hearing will be held Wednesday, May 19, 1954, at 1:00 P.M. in Room 360 Civic Center Bldg., San Diego. COUNCILMAN PARCHEN asked if this increase was for San Diego County or National City. S. E. ADAMSON, 620 E. 28th Street, was present and stated this increase is for the entire Transit System. Moved by Jensen, seconded by Parchen, that the City Attorney be authorized to oppose the increase. Carried, all the Council present voting aye. COUNCILWOMAN JENSEN asked if there will be a bill presented for this representation. MAYOR HODGE answered that there would not unless it goes to Court. GRANT DEED FOR STREET PURPOSES FROM JEF1+'IE A. and BEULAH G. HENNESAY was presented. Moved by Hollingsworth, seconded by Heck, that the deed be accepted; and referred to the City Attorney for the preparation of a resolution. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $5,850.07 Traffic Safety Fund 3,528.99 Park M & I Fund 78.53 Retirement Fund 1,323.85 Harbor Fund 1.25 Payroll Fund 19,666.26 TOTAL $30, 44t3.95 Moved by Heck, seconded by Hollingsworth, that the bills be allowed and warrants orde.'ed drawn for same. COUNCILWOMAN JENSEN stated in the past it has been the habit of the Council- 5/4 268 men to meet before the Council meeting to check the bills, and came down this evening to check them and was informed that the Finance Committee had met on Monday and had o.k.'d the bills, therefore she refuses to vote on something when she does not see the bills, and will not vote for payment of money until she checks the bills herself. CITY CLERK ALSTON stated she did not put the bills out this evening as the Finance Committee had checked them, but if it is the wish of the Council she will be glad to do so. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. COUNCILMAN PARCHEN stated he voted "no" for the same reason as stated by Mrs. Jensen. He asked if the items regarding the rain insurance policy and adding machine for the Maytime Band Review were in- cluded with the bills this evening. COUNCILWOMAN HOLLINGSWORTH said they were both approved. The insurance bond was turned over to the City. It was made out originally to the Maytime Band Review and now added the City of National City and the Chamber of Commerce. ATTORNEY CURRAN stated he checked the agreement with the Chamber of Commerce and the City agreed to pay all expenses of the Chamber, not to exceed the sum of $4,700.00, so the City actually has no official part in this promotion other than the fact that they agreed to pay the ex- penses to the limot of $4,700.00. PROGRESS REPORTS for the month of March, 1954, were presented and ordered filed. COMMUNICATION FROM NATIONAL CITY-CHULA VISTA REALTY BOARD was read; stating the City is fortj:nate to have competent public spirited men and women who are willing to accept the responsibil- ity of directing our local Government, and they will welcome the opportunity to be of assistance. The communication was ordered filed. COMMUNICATION FROM ONNA B. BUTTS, Vice -Principal Sweetwater Union High School, was read, stating the class of 1954 extends a cordial invitation to all the City officials to attend the Senior assembly at 9:50, Thursday, May 6th, in the gym on 30th Street to hear the reports which will be given to the class on the observations of each Senior participating in our Government Day. MAYOR HODGE accepted the invitation for the entire Council. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, requesting additional shelving for the Library, at a cost of $174.00. Also suggesting the paving solid of one strip of sidewalk of approximately 32 feet in width by 337 lineal feet, patching and capping a few broken spots in the curb. This area lies directly in front of the new Library between "B" and "C" Avenue. The costs for paving will be $365.00 and ask that the Council include this amount in the list of extras being presented. Moved by Heck, seconded by Parchen, that the City Manager's recommendation be accepted. Carried, by the following vo,e to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. NOTICE FROM LEAGUE OF CALIFORNIA CITIES of Mayors' and Council- men's Institute to be held in Santa Barbara, June 3-4, 1954, was presented. CITY CLERK ALSTON stated this Institute is held each, time after an election and is really a school of instruction. Moved by Hollingsworth, seconded by Heck, that if any of the Council wish to attend that they do so at their own expense. Carried, all the Council present voting aye. COUNCILMAN PARCHEN asked Attorney Curran if there has been a 5/4 269 law passed, or contemplated which states that if a person resigns from the Council that you cannot serve on any commission for one year after that resignation. ATTORNEY CURRAN stated there are certain provisions whereby you cannot hold an office for compensation until one year after resig- nation, but knew of no law at the present time which prevents anyone who has served on the City Council from serving on the Planning Commission, but he would check this and report back at the next meeting. PETITION for 1911 Act Proceedings on "K" Avenue between 18th and 24th Streets, and 23rd Street between "J" and "L" for sidewalks, curbs, gutters and street paving, and also for sidewalks only on Clairmont Street between Norfolk and Division Streets, was presented. CITY CLERK ALSTON stated December 16, 1952, there was a Resolution adopted authorizing the City Engineer to prepare plans and specifications, estimate of costs and maps of a proposed improvement district on this particular work. COUNCILMAN HECK stated he asked that this matter be brought up due to the fact that these people over a year and a half ago had requested street improvements under the 1911 Act, and the City Engineer was instructed to prepare costs. It is the understanding that they only want costs be prepared for the paving and curbs, and not any sidewalks, and asked the City Engineer the next step necessary to get this matter into action. The original petition did not include sidewalks but the Resolution requested them which is in error. CITY ENGINEER WARWICK stated it has been the policy in the past that after the Council passed the resolution accepting the petition and ordering the work to enter into a contract with a private engineer to do the necessary engineering and assessments under the 1911 Act. The City's organization has never been adequate to do that type of work and for the assessment portion of it they never have had men who are Skilled in that type of work. CITY MANAGER GAUTEREAUX read a memorandum from City Engineer Warwick regarding 1911 Improvement Acts for various streets, stating that in orrer to proceed with work petitioned on various streets suggested that.we ask the Council to enter into a contract with a private engineering firm to do the necessary engineering work. The following petitions have had authorization to proceed with the plans and specifications: 1. "K" Avenue from 18th Street to 24th Street and 23rd Street from "J" Avenue to "L" Avenue. 2. 26th Street from "B" Avenue to "D" Avenue. 3. 20th Street from Highland Avenue to "L" Avenue. 4. "B" Avenue from 18th Street to 20th Street. 5. "L" Avenue from 4th Street to 5th Street. MR. GAUTEREAUX stated that Mr. Phelps who has been doing all of our work on the 1911 Act Proceedings, and is now under contract for two or three of our projects, was in the office today and this was discussed. It will be necessary if these petitions do carry a full scale job, such as curbs, sidewalks and gutters to do something further with the petition as the petitioners themselves will have to petition otherwise for the purpose of eliminating any portion that was in the original petition. Mr. Warwick's memo stags that if we can contract for all the above work at one time the work would be an .conomic proposition for the engineer. Mr. Gautereaux stated this would create quite a problem as all of these streets are not contiguous one to the other. But since they are within the ,lame area we can probably get better prices than we could if :,hey were scattered in various sections of the City. Mr. Pholps stated he would prepare an estimate of price of his costa for engineering the job and get them to Mr. Gautereaux as soon as possible, on the five listed projects. It is probable that we can commence some of these projects within a 5/4 270 period of six to seven months. COUNCILMAN HECK stated it is his understanding there are a number of projects that could be started, and it is his feeling that this Council should definitely take action immediately to initiate the necessary steps to get these projects in motion. MEMO FROM CITY ENGINEER WARWICK was read stating the City Council passed a resolution accepting the petition and directing the engineer to prepare plans and specifications for the construction of sidewalks on Clairmont Street between Norfolk and Division Street. It was suggested that the Council pass the proper resolutions to in- corporate this project with the one authorized for sidewalks on Norfolk from Euclid to Clairmont. The latter project, the one on Norfolk, has authorization for a contract with Byri Phelps for the engineering. Moved by Heck, seconded by Jensen, that a resolution be adopted accepting a petition for the 1911 Improvement Act contract on Clairmont Street between Norfolk and Division, and the Engineer be directed to prepare plans and specifications. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen Hodge. Nays: None. Moved by Heck, seconded by Hollingsworth, that a resolution be adopted to enter into a contract with Mr. Phelps for the five projects mentioned above. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM WAYNE E. & MARTHA F. MACY and MARGARET L. GARDNER was read, stating they desire to grant to the City a portion of the unnamed street commonly known as "G" Avenue, thirty feet in width, lying between 24th and 26th Streets. They reserve the right to retain ownership of the buildings, dwelling and contents which presently lie on portions of this grant, more particularly known as 702 E. 24th Street; and do agree at their sole cost and expense to remove all of said buildings and dwelling upon the final completion of said plans of future development, agreeing to do so on or before one year from this date. The communication was dated May 3, 1954. The Grant Deed was attached. Moved by Heck, seconded by Hollingsworth, that a Grant Deed be accepted for 30 feet on "G" Avenue between 24th and 26th Streets from Wayne E. and Martha F. Macy and Margaret L. Gardner, and that the resolution be prepared by the City Attorney. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCILMAN PARCHEN stated he would like to get an indication of the Council members whether this is going to be the policy to accept deeds for roads without first referring it to the Planning Commission; we are establishing a precedent. COUNCILWOMAN HOLLINGSWORTH said she would like to see that provisions are A.;•fd in the new budget for a competent Planner or Consultant who see that we get a Master Street Plan and then it will not be a policy of ours. CITY MANAGER GAUTEREAUX reported on the matter of the request of the Central Baptist Church for permission to erect a small tent on the Southwest corner of Delta and Highland Avenue, for holding one week revival, Monday through Friday, the first week in June. MEMO FROM BUILDING INSPECTOR BIRD was read, stating the tent to be used for revival services does not comply with the code for "C" occupancy, nor does it comply with exterior wall construction. Tents will not meet any of ',he code provisions and should not be allowed at any time except for a short duration by City Council action and then only upon presentation of satisfactory evidence of flame proofing, proper spacing on site, approved electrical wiring and sufficient chemical toilets to handle occupant load based on area of tent; also; if Council does grant the request, 5/4 271 provision should require cleaning of siteupon vacation of same. FIRE CHIEF BAILEY was present and stated he went over the matter with Rev. Jason in regard to the necessary fire precautions as set up by State Code and a sample of the tent has been taken and sent to Los Angeles in regard to flame proofing and the results should be back very shortly. If the erection of the tent is allowed, it is important that a time limit be set. Moved by Parchen, seconded by Hollingsworth, that the Central Baptist Church be granted permission to erect a small tent on the two lots they have purchased on the Southwest corner of Delta and Highland Avenue, and permission be granted to hold a revival in this tent the first week in June, Monday through Friday, and that they be allowed one additional week to have the tent down and off of the premises, with no extension of time beyond the one week. Carried, all the Council present voting aye. REPORT OF CITY MANAGER GAUTEREAUX was read regarding. the Manager's request to negotiate a possible compromise between the property owners of 28th Street bounded by Highland and "V" Avenues, also property 125 feet to the north of 28th Street on "G" Avenue and 125 feet to the north on "F" Avenue. A meeting was held April 23rd with the property owners, City Manager Gautereaux and City Engineer Warwick. The Manager submitted to the property owners the following suggested compromise and if same was satisfactory would suggest same for acceptance by the Council: Upon receipt of matching money by the property owners in the amount of $530.00 which covers the purchase of all road oils necessary for tacking, mixing, aggregate, surface sealing and sanding, the City would match same with equipment and labor to complete the grading, mixing, laying and surfacing and to furnish any other minor amounts of various materials required at an estimated cost of approximately $575.00. F. ANDERSON, 716 E. 28th Street, was present and stated he was very much disappointed with the outcome of this improvement and was not in a position to pay out any more money to rectify this condition. ALVIN BUBY, 605 E. 28th Street, was present and stated this is quite distressing to the property owners as they had hopes of improving their property. There have been a number of misunderstandings and probably we would not have gone ahead with the job had we known all the problems that would come up. He is of the opinion that the property owners will sign the petition but there are a number of people who borrowed money to have this work done and are not in a position at this time to pay the additional sum. Moved by Hollingsworth, that the City pay for the entire job. Motion died for want of a second. Moved by Heck, seconded by Jensen, that the City Council pay 50% of the costs, in accordance with the recommend- ation of the City Manager, and give the property owners 90 days time to place the money to start the work. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Hodge. Nays: Hollingsworth, Parchen. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read; stating thA following increased appropriations are requested to cover necessary operating expense for the balance of the fiscal year, appropriations to be made from the General Fund Unappropriated Re-erve: 504-A3, Manager, Special Services, $40.00; 50 -B3, Manager, Auto Equip. Repair, $25.00; 504-B4, Mana er, Gas, Oil & Tires, $75.00; 512-A1, Engineer, Salaries, $413.35; 512-A3, Engineer, Special Services, $136.85, making a total of $690.20. It is requested that Recreation Outlay be increased to cover necessary expenditures for construction of night lights for ball field; 525-C1, Recreation, Outlay, $7,000.00. An additional appropriation for Sewers out of Capital Outlay 5/4 272 is necessary to cover existing overdraft of $3,767.79 plus $600.00 to complete installation of pumps already purchased, Fund 3 - Sewer, Capital Outlay, $4,367.79. COMMUNICATION FROM HARRY E. BONNELL, Special Auditor, was read requesting approval of additional appropriations which is necessary to adjust the budget accounts as of April 30, 1954. Increase appropriations: 500-B1, $54.30; 501-B12, $184.06; 504-B21, $12.01; 504-C1, $1,818.28; 504-B3, $6.04. 504-B4, $6.96; 511-B1, $6.53; 518C-A3, $58.00; 506-A3, $1,088.16; 506-B18B, $74.09. Decrease: Unappropriated Reserve, $3,308.43. The request was approved by City Manager Gautereaux. Moved by Hollingsworth, seconded by Heck, that the transfer of funds, as recommended by the City Manager and Auditor be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCILWOMAN JENSEN asked if any action has been taken to stop the cess pool man from using our sewer line. CITY MANAGER GAUTEREAUX stated we are getting information together pre- paratory to recommendation of an amendment to ,OUr ordinance regulating the depositing of tank sewage within the City. COUNCILMAN PARCHEN inquired about the purchase of the housing project. CITY MANAGER GAUTEREAUX said we expect to bring to the Council the full budget and also the definite amounts that are in our surplus and outlays by the next meeting. COMMUNICATION FROM GUY C. WILSON was read, regarding South Bay Plaza. It is felt that in view of the recent changes in the membership of the Council it would be in order to discuss certain matters. The questions about which a discussion is proposed are as follows: 1. The clarification of easement rights for the sewer mains now located on the property. 2. The opening of loth Street from Highland Avenue to ''. Avenue,' and the actions necessary to be taken both by the City and by the developers of South Bay Plaza, in order to accomplish the same. 3. The construction of the proposed drain culvert under Highland Avenue. 4. A final decision as to the course and character of the drain channel to be constructed easterly of the proposed culvert. The location and design of streets to be extended or improved easterly of the property, with particular reference to extension of loth Street to intersect with Palm Avenue. Since present plans call for immediate commencement of construction of two large buildings with completion and occupancy scheduled for October 1, 1954, it is quite important that we avoid any unnecessary delays. MAYOR HODGE requested this be referred to the Planning Commission. RESOLUTION NO. 6162 was read, accepting a grant deed from Joseph Frank Bochniak and Amy E. Bochniak. The City Clerk is authorized and directed to record same. Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN PARCHEN stated in regard to the request of Mr. Wilson that this matter came up at the last meeting and there was to be some preparation of sewer easements by our City Engineer. MAYOR HODGE stated this meeting will be adjourned to take care of the easements. MR. WILSON was present and stated they will present a dedd to the City, a copy of which Mr. Warwick has, which will give to the City an easement over the area in which the sewer line is actually located, and the City would adopt a resolution abandoning everything else. ATTORNEY CURRAN stated next Wednesday and Thursday is the meet- ing of the City Attorneys' Department of the League of California Cities and there are many matters on the agenc a of importance and 5/4 273 that he has planned to attend, so he would be unable to be present at an adjourned meeting next week. COUNCILMAN HECK asked if it was necessary for this to go before the Planning Commission. ATTORNEY CURRAN stated that it wasn't. The resolutions which have previously been adopted in effect bind this Council, the action has been taken, it is simply a matter of correcting an error. MAYOR HODGE asked that the meeting be adjourned until 8:00 A.M.; Friday, May 7, 1954. RESOLUTION NO. 6163 was read, accepting and approving a lease of a certain portion of the tidelands belonging to the City of National City to the Navy Department for use as a parking lot pursuant to the terms and conditions of that certain Agree- ment of Lease effective as of the 1st day of September, 1953 by and between the City of National City and the United States of America. The Mayor and City Clerk are hereby authorized and directed to execute said lease on behalf of the City. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated in regard to the meeting for the Attorneys of the League of California Cities, that he is not asking any compensation or any expense on the part of the City to attend the meeting, but he would like to have authorization to attend that meeting as the representative of National City on May 12th and 13th. Moved by Hollingsworth, seconded by Heck, that the City Attorney be duly authorized to attend this meeting and that he be recompensed the sum established in the past. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated the City Clerk just handed him a summons on the Superior Court; Action 188762, entitled Max Keroff and Ben Snyder, dba Baby Candids, vs. City of National City, etc. This requires the City to appear next week and show cause why an injunction should not be granted. The essence of the complaint is that the plaintiffs contend that Ordinance No. 708, particularly as amended in 1951 is unconstitutional. The City has been served and it is the question as to what the desire of the Council is with reference to this action. Moved by Parchen; seconded by Hollingsworth, that the City Attorney be empowered to attempt to defend this action, and take all the necessary legal action. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. THE MATTER OF DAYTON LAING'S PROPOSED SUBDIVISION was presented. It was the recommendation of the Planning Commission that the Tentative Map of Laing's Subdivision not be approved since it does not allow proper development of lands to the south.:af the subdivision. It was brought up at the meeting of the Council on March 16, 1954, and it was referred to the City Engineer to report whether it was f asible to open "G" Avenue. CITY ENGINEER WARWICK stated accoiding to his records 26th Street is completely dedicated from "F" to Highland. "G" Avenue can be built. The question is does somebody want to pay the bill for it? One of the largest costs for opening up "G" would be to construct a culvert to take care of that existing floodway, and the construction of that would run around $6,400.00 to $6,500.00 and the additional cost of the fill itself. Ordinance No. 803 states that "if one half of a street or alley abutting a new subdivision has previously been dedicated or exists, the other half must be dedicated on the map or plat of the new subdivision to make the street or alley complete." There is also another statement in one of our ordinances to the effect 5/4 274 that if a half street has been dedicated anyone building a residence or any type of structure on the other side of the street must setback one equal dedication plus the normal set- back fbr the zoning as required. Tonight there was a dedication of one half of "G" Avenue accepted. DAYTON LAING, 608 E. 24th Street, was present and asked when the property was deeded by Mr. and Mrs. Macy. This map has been "kicked around" between the Council and Planning Commission and through the Engineer's Office for some three months, and tonight we find them dedicat- ing a 30 foot street on a piece of property that has been closed for 22 or 23 years by resolution. A 50 foot street was proposed and he agreed to pave an area of 38 feet. Mr. Warwick said it must be a 60 foot street, so the plans were re -drawn and a 60 foot street was proposed and then it was stated that there must be a cul-de-sac so that was drawn up on the plans. Mr. Laing said he is not in favor of a cul-de-sac and he has not been in favor of it at any time. After considerable discussion it was moved by Hollingsworth, seconded by Heck, that the Council sustain the Planning Commission'S recommend- ation and that this be denied. COUNCILMAN PARCHEN stated he knows that Mr. Laing wanted to develop this property and he has der.e everything under the particular ordinances that is re- quired other than the opening of "G" Avenue; and under those circumstances he did not think the 60 foot street and the cul- de-sac were out of hand. Carried, by the following vote to- wf.'r: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Parchen :SPORT FROM THE PLANNING COMMISSION regarding Ordinance No. 842 - Outdoor Advertising, which was referred to the former City Attorney, was again presented. Harbor Drive from 8th Street to 13th Street in National City is not classified as a State Freeway and cannot be since it has so many entrances. Therefore, under the existing ordinance it is permissible to construct outdoor advertising in this area, since this ordinance only pertains to State Freeways. It was the re- commendation of the Planning Commission that Ordinance No. 842 be amended to include all State and Federal Highways within the City limits. of National City, instead of just freeways. Moved by Hollingsworth, seconded by Jensen, that this be referred to the City Attorney to amend the Ordinance. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION regarding Application for Conditional Exception No. 479 signed by Ricardo and Marianne Nery, 525 Highland Avenue. Petitioner is requesting side yard and rear yard setback variance from four feet to three feet to convert the existing laundry, storage room and work shop into a small apartment. It was the recommendation of the Planning Commission that the request be granted, to be assign- able and transferrable. Moved by Hollingsworth, seconded by Jensen, that the Planning Commission's recommendation be accepted, and that a resolution be prepared. Carried, all the Council present voting aye. CITY CLERK ALSTON stated there is Exception which was denied by the if there was any action necessary CITY ATTORNEY CURRAN stated there an Application for Conditional Planning Commission and asked to be taken by the Council. was not. REPORT FROM THE PLANNING COMMISSION regarding a petition signed by four property owners requesting that the City deed back to the property owners ten feet of the property on E. 14th Street in the 500 block, was read. The Planning Commission recommended the deeding back of the ten feet. CITY CLERK ALSTON stated this was referred to the former City Attorney to prepare an 5/4 • 275 ordinance of intention to close a portion of the street, and it has been customary in such cases for the property owners to deposit the cost of the closing with the City. This has been done. Moved by Heck, seconded by Hollingsworth, that the., recommendations of the Planning Commission be adopted and re- ferred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Conditional Exception No. 474 signed by Safeway Stores, Inc. Petitioner is requesting permission to construct a commercial development for a depth of 290 feet easterly of Highland Avenue and the balance of the subject property to be used for customers off street parking. Permission to use the area immediately east of the proposed store building for delivery of merchandise is also requested. This application has been laid over for corrected quitclaim deed for the opening of "J" Avenue north from 4th Street to 3rd Street. Quitclaim deed was received from Safeway Stores, Inc. and it was satis- factory to the City Engineer. It was recommended by the Planning Commission that the Application be granted subject tc the quitclaim deed for the opening of "J" Avenue. To be assignable and transferrable. Moved by Heck, seconded by Parchen, that a resolution be prepared granting this request. Carried, al.l the Council present voting aye. REPORT FROM THE PLANNING COMMISSION regarding application re- r.:,jved from International Metals, Inc., and Charles M. Davis, wa., again presented. It requested the closing of portions of streets and alleys. An ordinance of intention to vacate and close the streets and alleys was presented for the first read- ing April 6th by the former City Attorney, and it was requested that the second reading be laid over at the request of the City Engineer. CITY ENGINEER WARWICK said on the original reading of the ordinance the description of the streets to be closed followed the recommendations of the Planning Commission which included the retention of the West 25 feet of Coolidge Avenue between 22nd and 24th Street, which he asked for as a maintenance road along a proposed floodway. The ordinance itself did not read the same way it was read into the records and whether the ordinance should be modified to fit the way it was read in or not is a legal question. The way it was read into the records is the way the City Engineer asked to have it done, as he wanted to retain 25 feet of Coolidge Avenue. Moved by Hollingsworth, seconded by Jensen, this be referred to the City Attorney for redrafting of the ordinance for the first reading, including the recommendations of the City Engineer. Carried, all the Council present voting aye. REPORT OF THE PLANNING COMMISSION regarding Application for Conditional Exception No. 484 signed by the General Board Church of the Nazarene, was read. They are requesting a zone variance to permit the construction of an addition to the exist- ing church located in an M-2 zone. The Planning Commission recommended the granting of the request. CECIL F. ALLEN was present and stated this church was purchased prior to the zoning of an M-2 zone. There were no objections from the residents, in fact they thought it would be an addition to the street. Moved by Hollingsworth, seconded by Parchen, that the City Attorney be instructdd to prepare a resolution for adoption. Carried, all the Council present voting aye. APPLICATION FOR CONDITIONAL EXCEPTION NO. 485 signed by R. L. B. Smith, 541 "L Avenue, was presented. Petitioner proposes to erect a professional office building on property located on the 5/4 276 Southwest corner of 18th Street and "I" where the present zoning is R-4. It wat the recommendation of the Planning Commission to change the above described property to C-2 usage with the restriction that at least a ten foot setback from 18th Street be made. Moved by Heck, seconded by Jensen, that a resolution be prepared for adoption. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Jensen, that the meeting be adjourned until 8:00 A.M., May 7, 1954. Carried, all the Council present voting aye. MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATT :PITY CLERK 5/4