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
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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.
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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
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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-
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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