Loading...
HomeMy WebLinkAbout1954 05-18 CC MIN283 National City, California, May 18, 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, Hollingsworth, Jensen, Parchen; Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Gautereaux, Warwick, Bailey, Curran. The meeting was opened with the pledge of allegiance to the Flag, led by City Manager Gautereaux, followed by invocation by Rev. George Thompson. CITY CLERK ALSTON asked that the minutes of April 21, 1954, be amended as follows: 0n Page 264, Resolution No. 6162 should have been just a motion instead of a resolution. Moved by Hollingsworth, seconded by Heck, that the minutes be amdnded. Carried, all the Council present voting aye. Moved by Heck, seconded by Jensen, that the reading of the minutes of the regular meeting of May-4-, 1954, and the ad- journed meeting of May 7, 1954, be dispensed with. Carried, all the Council present voting aye. WALTER DAVIS? representing the San Diego Citizen's Advisory Committee, was present, in regard to The Plan for the development of the Bay. It was requested at the last meeting that the Council study this Plan and give Mr. Davis an in- formal decision, as to whether or not it met with the Council's approval so that they could begin their work in the Legis- lative Department on this Plan. Moved by Hollingsworth, seconded by Heck, that this Plan be approved unofficially. Carrie,, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. HRBERT A. BARNES was present and protested the granting of the City's insurance to the Insurance Association. COUNCIL- WOMAN JENSEN thought we should investigate the charges. COUNCILWOMAN HOLLINGSWORTH explained in detail to the Council the setup and the amount of good the Association was doing in the community. The hearing on the closing of a portion of Wilson Avenue and a portion of 12th Street was held at this time. MAYOR HODGE asked that this be held over until the next meeting since there are no further developments. EVERETT DICKSON, 2745 E. 14th Street, was present in regard tothe improvement of 18th Street, and asked that the Council use the gas tax fund money for this project. CITY MANAGER GAUTEREAUX explained the improvements that are to be accomplish- ed with the aid of the gas tax funds, and 18th Street will receive a portion of this tax money. J. R. CHRISTMAN was present relative to the control and fencing of wrecking yards. Mr. Christman stated he owns property adjacent to the wrecking yard at Division and Palm. He had been promised, along with other property owners, that if their property was annexed to National City, the wrecking yard would be kept within the then present bounds at the time of annex- ation, and the law requiring an eight foot fence would be rigidly enforced. With these promises the property owners voted for annexation. Mr. Christman asked if the wrecking yard had been granted some extra favors to expand beyond 5/18 284 the boundary at the time of annexation, which they have done. They have violated every law. Moved by Hollingsworth, seconded by Parchen, that the City Attorney be empowered to file the necessary papers asking the owners of the wrecking yard to vacate, if we have any grounds at all for this action. Carried, all the Council present voting aye. MRS. DONALD CARR, 2408 E. 18th Street, was present in regard to the improvement of 18th Street, and asked if it would be possible to let the $41,000.00 gas tax funds which has been "ear marked" for 18th Street accumulate and could they get some more this coming year. The people on 18th Street will not pay $9.41 a foot for the improvement, they will pay $5.00 or $6.00 but will not go over that amount. CITY MANAGER GAUTEREAUX stated the next allocation of gas tax funds will be coming in in July. The Council has not made any decision on this so far as the next fiscal period is concerned, and when it is studied there may be some balances and small amounts that can be transferred where it may be possible to help this particular project. MAYOR HODGE asked if these people could be notified and attend the meeting when this matter is dis- cussed. CITY MANAGER GAUTEREAUX stated this particular meet- ing will be a meeting at which you will be working with the State on the budget, but the people on 18th Street can be notified as quickly as the Council is ready to take action and give out the notice of the facts concerning what has been done. APPOINTMENT OF TRAFFIC SAFETY COMMITTEE MEMBER was presented. It was the recommendation of this Committee that William Haaf be appointed to fill the vacancy caused by the resignation of Thomas Cosby. Moved by Hollingsworth, seconded by Parchen, that William Haaf be appointed to the Traffic Safety Committee. Carried, all the Council present voting aye. CITY CLERK ALSTON stated at the last meeting City Manager Gautereaux requested authorization for bids on picking up the garbage in 0livewood Housing and there was a motion made but was not seconded. Moved by Heck, seconded by Hollingsworth, that the City Manager be instructed to call for bids. CITY MANAGER GAUTEREAUX stated he asked that he be allowed to bid on the Housing request for picking up of trash and garbage within the Housing. Our bid for that particular service will be the same as it was the year prior, $1.00 a unit and we take in approximately 886 units in the 0livewood Housing Project. We actually are making the bid ourselves for the purpose of picking it up. The contract we have for the picking up of trash and garbage covers this area also. Carried, by the following vote to -wit: Ayes: Heck; Hollings- worth, Jensen, Hodge. Nays: Parchen. COMMUNICATION FROM THE CITY OF SAN DIEGO regarding resolution approving annexation to the City of National City of property adjoining National City on the North at Fairmount, was read. Moved by Hollingsworth, seconded by Heck, that the City Attorney be instructed to prepare a resolution approving the annexation. Carried, all the Council present voting aye. RESOLUTION No. 6166 was read, prohibiting the parking of automobiles at all times on the easterly side of South Harbor Drive, between the north property line of 8th Street and the south end of 7th Street channel ridge, a distance of approx- imately 350 feet. Moved by Parchen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council 5/18 285 present voting aye. APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE by Johnson's Grocery, 1803 Highland Avenue, was presented. REPORT FROM THE POLICE DEPARTMENT was read, stating this place of business is within less than 600 feet of the Highland School, but the Servall Market, 1806 Highland Avenue was granted a similar license in 1949 and no complaints were received by the Dept. during the time the market was so licensed. Moved by Hollingsworth, seconded by Heck, that the application be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Dominick's, 2533 National Avenue, was presented. REPORT FROM THE POLICE DEPARTMENT stated this location is the La Siesta Motel and it is the desire of the owners to place a bar on the premises where food will be served in an adjacent room. Mr. Mastro has operated the Motel since January, 1949, and during this time no police problem has been indicated by the records. Moved by Jensen, seconded by Parchen, that the application be denied, on the premises that there are already more licenses than we should have. Carried, by the following vote to -wit: Ayes: Hollingsworth, Jensen, Parchen, Hodge. Nays: Heck. COMMUNICATION FROM LUCE, FORWARD, KUNZEL AND SCRIPPS, re- presenting Guy C. Wilson on behalf of Highland Shopping Center, National Center, Inc., 12th and Highland, Inc., regarding a proposed agreement, was read. GUY C. WILSON, representing the above corporations, was present in regard. to the proposed agreement for the opening of 10th Street between Highland and Palm, the paving of "M" between 8th and loth Sts., and the opening of "E" Avenue south of loth Street for 330 feet. After a lengthy discussion it was moved by Hollingsworth, seconded by Heck, that this be re- ferred to the City Attorney and the City Engineer to ascertain the costs, legality, etc., and that they collaborate with Charles H. Forward, Attorney. Carried, all the Council present voting aye. C. MICONE, 440 E. l0th Street, was present and protested the moving of Mr. Stowe's houses on the "E44 Avenue property. MAYOR HODGE declare& a recess. The meeting was called to order by. Mayor Hodge. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent:: None. RESIGNATION OF R. B. KEMP from the Civil Service Commission was read, effective as of May 10, 1954. Moved by Heck, seconded by Parchen, that the resignation be accepted with regret. Carried, all the Council present voting aye. Moved by Heck, seconded by Hollingsworth, that Admiral Thackery be appointed as a member of the Civil Service Commission. Carried, all the Council present voting aye. COMMUNICATION FROM SWEETWATER HIGH SCHOOL P. T. A. and one from HIGHLAND P. T. A. were presented, requesting that a juvenile officer be added to the Police Dept. MAYOR HODGE referred this to the Budget Committee. INSURANCE POLICY OF NATIONAL DRY KILN for their tidelands lease, was presented, and CITY CLERK ALSTON asked that it be referred to the City Attorney for approval. 5/18 286 COMMUNICATION FROM FIRE CHIEF BAILEY was read, recommending fire hydrants be installed in Shirley Manor Subdivisisn. The request was approved by City Manager Gautereaux. Moved by Hollingsworth, seconded by Jensen, that the recommendation of the Fire Chief and City Manager be approved. Carried, all the Council present voting aye. REPORT FROM CITY MANAGER GAUTEREAUX was read regarding the bid of F. San Martin for the picking up of garbage. Moved by Heck, seconded by Parchen, that the bid of F. San Martin & Sons be accepted for a term of two years at the rate of $300.00 per month, and that a 30 day cancellation clause be incorporated in the contract, with a performance bond in the amount of $1500.00 to be furnished to the City of National City, and that this be referred to the City Attorney for the preparation of the resolution. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM HARRY E. BONNELL, Special Auditor, was read, stating there will be sufficient surplus available in the Retirement Fund June 30, 1954, to repay the loan from the Capital Outlay Fund. It is therefore requested that the .Council disregard the transfer which he recommended respecting a transfer from the General Fund to the Retirement Fund of $5,000.00 and substitute a transfer from the Retirement Fund to the Capital Outlay Fund of $5,000.00. The request was approved by the City Manager. Moved by Hollingsworth, seconded by Heck, authorizing the transfer of $5,000.00 from the Retire- ment Fund to the Capital Outlay Fund, and cancel the transfer of $5,000.00 from the General Fund to the Retirement Fund. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Parchen. APPLICATION FOR REFUND OF $77.02 by JOHN BELCHEZ was presented. This is for a deposit which was put up for oiling of "I" Avenue. The application was approved by City Manager Gautereaux. Moved by Jensen, seconded by Parchen, that the refund be made. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. APPLICATION FOR REFUND BY METROPOLITAN SECURITIES•COMPANY, by Bernard J. Banke, in the amount of $405.00, was presented. This was a deposit for a tax sale but the City does not have any interest to sell so it was the recommendation of the City Clerk that the refund be made. COUNCILMAN HECK stated in checking the bills he found that the City was put to the expense of $10.00 for an appraisal of the property concerned in this application, so it is his recommendation that this charge be deducted from the $405.00 due to the fact that the Metropolitan Securities Company requested the Council to take action to sell this delinquent tax property. BERNARD BANKE was present and stated before requesting this sale be made he called the City's offices and asked the amount of bonds, etc. on the property, and he received a figure and from that he concluded the City had an interest, however he found that he was in error from the information given him. MAYOR HODGE requested this be referred to the City Manager to see if there have been any other expenses involved. COMMUNICATION FROM MUNICIPAL EMPLOYEES ASSOCIATION was read, requesting the Council's consideration of a 5% increase in salaries to become effective July 1, 1954, with a salary review at the end of the first six months of the new fiscal year. COUNCILMAN HECK satcl, thought this should be a. 'leJ v 287 referred to the Civil Service Commission for study of the wage scale in comparison with neighboring cities and then referred to the Budget Committee. COUNCILWOMAN JENSEN asked if the Civil Service Commission could make a survey of salaries of sixth class cities. COUNCILWOMAN HOLLINGSWORTH said that since this must be referred to the Civil Service Commission and then considered by the Council members in relation to the budget that it would be well to have a letter sent to the Employees Association •and inform them that the Council will give sympathetic consideration to their request. MAYOR HODGE so ordered TREASURER'S REPORT for the month of April, 1954, was presented and ordered filed. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $12,460.34 Traffic Safety Fund 36.66 Park M & I Fund 169.73 Harbor Fund 21.07 Trust & Agency Fund 544.85 TOTAL $13,232.65 Moved by Hollingsworth, that the bills be approved and warrants ordered drawn for same. COUNCILWOMAN JENSEN stated one bill was for filing and preparing articles of incorporation for the Maytime Band Review, and asked Attorney Curran if that may be legally paid. ATTORNEY CURRAN stated it may, as long as the expenses do not exceed the $4,700.00 which the agree- ment arovides for. Motion seconded by Heck. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. RESOLUTION NO. 6167 was read, authorizing the sum of $1,148.97 be paid from the Capital Outlay Fund to Mission Pipe and Supply Company. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated there will be a hearing at the City Hall on May 28th at 2:00 P.M. on the protest of the liquor license of Frances and Louis Celiceo. The issuance of this license was protdsted some time ago by the former Council. ATTORNEY CURRAN stated he was not sure that he would be able to attend the hearing and somebody else could represent the City. COUNCILMAN PARCHEN consented to represent the City if Attorney Curran is unable to attend. CITY CLERK ALSTON reported there will be a meeting of the League of California Cities on May 21st in the San Diego Country Club, and Chula Vista is host. Mrs. Alston stated she would like to get a clarification who the Council wishes to attend these meetings, whether the City will bear the expenses, or just what the policy will be. Moved by Heck, seconded by Hollingsworth, that the Departments Heads attend the meetings, if possible, and the City will pay for their dinners, and if any members of the Council attend they should do so at their own expense. This policy to be followed throughout the year. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CITY CLERK ALSTON was read, stating that Junior Bookkeeping Machine Operator, Lois Laramore, is re- signing June 15th and it is requested that Elinor Schobert 5/18 288 be appointed to fill the vacancy, effective June 1,. .954. The request was approved by the City Manager. Moved by Parchen, seconded by Jensen, that the request be approved, Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: one. CITY CLERK ALSTON stated that sometime ago M. W. F3nkhanel, 2104 "I" Avenue, moved a building and he posted a performance bond in the amount of $500.00, which is refundable after the building is completed. Mr.Fankhanel has requested a refund. COMMUNICATION FROM BUILDING INSPECTOR BIRD was read stating Mr. Fankhanel has completed the moving and building operation covered by the required performance bond satisfactory to the Bldg. Dept. Moved by Parchen, seconded by Jensen, that the refund be made. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CHAMBER OF COMMERCE was read, stating the Chamber of Commerce Planning Committee agree on the dedication of Palm Valley Park and Kimball Park in their entirety. Also that a recreational area should be dedicated in the Northeast section of the City as follows: All City owned property hounded on the North by Division Street, on the West by Palm Avenue, on the South by 4th Street, on the East by a line running parallel to the East line of the El Toyon School property and extending South from the Southeast corner of the School property to 4th Street, but such dedication not to be made until it is determined whether such dedication will con- flict with the South or Southwest extension of Euclid Avenue. MAYOR HODGE requested the communication be referred to the Planning Commission for consideration. NOTICE OF SAN DIEGO COUNTY -PLANNING CONGRESS to be held June 4th at the Hotel del Coronado, was read. COUNCILMAN PARCHEN stated he thought the Chamber of Commerce should be notified that Kimall Park has been dedicated. PROGRESS REPORTS for the month of April, 1954, were presented and ordered filed. COMMUNICATION FROM C}ARLES M. DAVIS was read, stating he desires to cancel and terminate a certain agreement made Nov. 15, 31 between the City of National City and Charles M. Davis, at `approved by Resolution No. 5600. The cancellation to be effective as of May 15, 1954. CITY CLERK ALSTON stated Mr. Davis has`paid up his contract to May 15th. MAYOR HODGE requested this be referred to the City Attorney. COMMUNICATION FROM LIBRARY BOARD was read, stating the Board of Library Trustee has made another and final inspection of the new Library on May 17th. This inspection did not include technical items such a.s plumbing, heating, ventilating and lighting equipment which the Board is not qualified to pass upon. It was recommended that the Library building be accepted. CITY MANAGER .GAUTEREAUK stated that Building Inspector Bird did inspect the building along with the Board of Trustees and the Architect and reported to him that the condition of the building as e whole was in good condition with the exception of a few minor items which the contractor has said will be taken care of, and the building is ready for acceptance together with the Fire Station, Mr. Gautereaux stated the Fire Station has never been accepted formally, because they were both contracted for at the same time under 5/18 289 the same contract. It is the Manager's recommendation that the acceptance of the buildings be made official. Moved by Heck, seconded by Parchen, that the Fire Station Building be accepted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Heck, seconded by Parchen, that the Library Building be accepted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY CLERK ALSTON stated she had some communications which were referred to the former City Attorney and returned to her, and asked that they be referred to Attorney Curran. The following were listed: A judgment between Clarence E. Morris and the City of National City; the preparation of a resolution for parking in front of the Bank of America; statement from O'Melveny & Myers; petition from property owners to grade 20th Street between Highland and "L"; contract between Byrl Phelps and the City; ordinance recommended by the Traffic Safety Committee for painting colored curbs for businesses; communication from the City Treasurer in regard to collection of delinquent sanitation bills; contract to be prepared by the Harbor Drive -In Theatre for sewer; agreement to be prepared for Vernon Fogarty. Moved by Hollingsworth, seconded by Parchen, that the above items be referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM CITY MANAGER GAUTEREAUX regarding the inquiry by W. A. Nosal, was read. This pertains to a certain portion of curbing and paving along the southerly line of Division Street within the Park View Terrace Subdivision. In con- versation with one of the subdividers, H. H. Johnson, it was indicated that while this particular subdivision was in process of building, a certain few lots including the one now owned by Mr. Nosal had been sold separately rwith the possible intention of using these lots for business, and according to Mr. Johnson it was quite possible that an under- standing with the purchaser of said property was that they would be responsible for the street improvements. Since this transaction, and after the completion and acceptance of Park View Terrace Subdivision by the City, these properties in question have again changed hands, and according to Mr. Johnson any improvements that have been made with regard to curbing or otherwise, have been made by the property owners themselves. Mr. Johnson states that since three years have elapsed, change of property owners and acceptance by the City, and releases of the Surety on this project, he will not consider making any further improvements in this regard. The report was ordered filed. REPORT FROM CITY MANAGER GAUTEREAUX regarding the signal installation at 30th and Highland Avenue, was read. Edward M. Hall, County Traffic Engineer reported that the amount submitted as an estimate cost of $12,000.00 for the installation was set high enough in the budget to cover all possible con- tingencies and to cover bids submitted. Also, the estimate is in line with like installations in other areas, and what- ever less the bid might be, National City's share would be 25 percent. The type of signals are - 2 phase #1022 - four full actuated - volume density plus time signal - with pedestrian manual operation. REPORT FROM CITY MANAGER GAUTEREAUX was read regarding the sale of City tax deed property. Some years ago a list of tax delinquent properties was published for sale purposes, in which the City had vested interest. It is the Manager's recommendation 5/18 290 that the City no longer recognize this list for public user If and when an amount of money is submitted to the City for the purpo e of using same as an opening bid for the placing on the market- for public auction any parcel of property known as tax delinquent, the one submitting and requesting the sale be required to furnish at that time a request of legal des- cription; and the existing, or last, holder of the title, certified by an agency qualified to deliver such data. Moved by Hollingsworth, seconded by Parchen, that the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER GAUTEREAUX stated Mr. Johnson, part owner of Shirley Manor Subdivision has presented an analysis of two types of paving. The analysis was made by the San Diego Testing Labratory. Mr. Johnson has requested the Council to give consideration to the substitution of 4" decomposed granite base with 2" of asphalt concrete surfacing in lieu of the 4" of asphalt concrete as required in the agreement made with the City. ATTORNEY CURRAN stated the question is whether or not if the contract is amended, the City can require the provisions of the new ordinance requiring the better pavement be complied with, and the answer is "yes". CITY ENGINEER WARWICK said in a memorandum he wrote the City Manager, he stated that "should the Attorney rule that the new specifications must meet the requirements of Ordinance No. 855, I recommend that the specifications requiring the laying of a 5" cement treated base and 12" of asphalt concrete surfacing in accordance with standard specifications of the City of National City, be required". Mr. Warwick stated the Attorney's ruling eliminates considering any of this report of the Testing Labratory because it would not come up to the requirements of our ordinance. Moved by Parchen, seconded by Jensen, that the City Engineer's recommendation be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER GAUTEREAUX stated in regard to the request at the last meeting, he has the agreements as presented by Mr. Phelps concerning the 1911 Improvement Act on "K" Ave. from 18th to 24th Sts.; "B" Avenue, 18th to 20th; and "L" Avenue between 4th and 5th Streets. It is the Manager's recommend- ation that these agreements be referred to the City Attorney for his report. Moved by Heck, seconded by Jensen, these be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM THE COUNTY BOARD OF SUPERVISORS was read, stating that on April 27, 1954, they advised the adoption of an ordinance requiring food handlers to take a medical examin- ation. It is the County's intention to include this ordinance among the health regulatory ordinances which the County will enforce on behalf of the various cities; provided each City which desires such enforcement adopts an ordinance containing identical regulatory and penal provisions. In order that the cities may, if they desire, request enforcement of this ord- inance it will be necessary for the County to revise their listings. A form of resolution which will accomplish this is now in the process of preparation and a copy of the resolution when approved by the Board of Supervisors will be forwarded. Mr. Gautereaux turned this over to the City Attorney. CITY MANAGER GAUTEREAUX stated we are preparing for certain organizations to build their monkey cage, for the start of 5/18 291 our small zoo in Kimball Park. We have approximately 850 feet of fence to build, and it is requested that permission be granted to spend approximately $1,100.00 out of the Park Outlay Fund for this fencing. Moved by Parchen, seconded by Heck, that the City Manager's request be granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER GAUTEREAUX presented a letter addressed to Mr. Goodbody, Attorney for City of Coronado, in regard to the establishing of the corridor, and asked that it be laid over until the next meeting as the Attorney is not familiar with this matter. ATTORNEY CURRAN stated Mr. Goodbody arranged a meeting with the City Attorney's office of San Diego and he met with them and they all went over the situation, and it is his understanding that the proposal is to take a narrow channel straight down the Bay. The entire basis of the request of the City of San Diego is on the assumption that the boundaries of National City go out past the strand and take in the City Hall of City of Coronado and go past Point Loma into the ocean. On that assumption San Diego, in order to be certain as to the procedure requests that National City consent to the taking in of that corridor. Apparently the City of National City will not be called on for any engineer- ing services as was suggested by Mr. Goodbody. The question is whether or not the City of National City would consent to San Diego having a corridor down the middle of the Bay. MAYOR HODGE asked if the Council wished to take action on the installation of a signal at 30th and Highland Avenue. Moved by Heck, seconded by Parchen, that the City participate with the County in the signal light at 30th and Highland Avenue, National City's share to be 25%, not to exceed $3,000.00. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Conditional Exception No. 487 signed by Cletus L. Kathol, relative to Lots 126 and 127, National Vista. Petitioner is requesting a zone variance on Lot 126 changing it from an R-1 zone to a C-2 zone usage in order, to permit him to use both Lots 126 and 127 for a proposed gasoline service station to be erected thereon. Lot 127 is now zoned C-2. In addition it is requested that a zone variance be permitted on both lots to allow the installation of gasoline pumps and neon sign in the twenty fott sethatk. It was the recommendation of the Planning Commission that the application be granted, to be assignable and transferrable.. Moved by Hollingsworth, seconded by Heck, that the recommend- ation of the Planning Commission be approved, and the Attorney be authorized to prepare the resolution. Carried, all the Council present voting aye. APPLICATION FOR CONDITIONAL EXCEPTION NO. 488 signed by Alfred J. and Lillis Newell Hlawatsch, relative to Lot 8, Block 8, 0livewood Terrace, was read. Petitioner intends to build a four bedroom house with attached two car garage with inside patio to serve as a play yard. The plans call for the garage and one bedroom to be within six feet of the alley line, the main part of the house to be twelve feet from the alley line. It was the recommendation of the Planning Commission this be granted providing the rear yard setback not be less than the established setback of the existing structures in this area. To be assignable and transferrable. Moved by Heck, seconded by Jensen, that the Planning Commission's recommendation be adopted, and the Attorney be instructed to 5/18 292 prepare the resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION regarding their budget, was presented. The total amount is $12,912.00. CITY CLERK ALSTON stated this no doubt is included in the tentative budget. REPORT FROM THE PLANNING COMMISSION regarding the request of the Atchison, Topeka and Santa Fe Railway Company, was read, relative to the First and Fourth Street easements across their right of way just East of the Montgomery Freeway. They contacted all the utilities companies, the Water Company had no obrjections but the Gas & Electric Company stated the main power line that serves National City crosses at this point, and with this thought in mind it will be necessary that ease- ments covering their said existing power line facilities across said portions of First and Fourth Streets be reserved before they can consent to the closing thereof. It was the general feeling of the Commission that the City would have nothing to gain by the closing of these easements and since Fourth Street has been indicated as a through street in the past on tentative Master Street Plans, they recommended this request be denied. REPORT FROM THE PLANNING COMMISSION regarding a. communication from Mrs. Dorothy Jensen, 41 E. 2nd Street, was read. Mrs. Jensen is requesting permission, upon receiving the established street grades of 25th Street on the northerly side between National Avenue and the alley intersection at 25th Street, to include the sidewalk area paralleling 25th Street in the asphalt paving, combining both the property surfacing and the sidewalk area for the main purpose of dirt and gutter -water control. It is to be understood, insofar as the sidewalk area is concerned, that this is to be of a temporary nature, and upon major street improvement it will be removed without any compensation or claim by the owner. It was the feeling of the Commission that this installation as requested might not be what they would like to see, but it is the best they can expect with the existing conditions. It was the recommendation of the Commission that the request be granted. Moved by Parchen, seconded by Hollingsworth, that the Planning Commission's recommendation be accepted. COUNCILWOMAN JENSEN asked to be refrained from voting as she is the interested party. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding the request of R. J. Gill, 305 E. 29th Street, relative to the reduction in street width from 80 feet to 60 feet on 296h Street west of "D" Avenue, referred back from the City Council to the Planning Commission for further study. It was the recommendation of the Commission that the City accept the plans according to the City Engineer's recommendation and with the proviso that before final acceptance is made, deed be obtained by the City for the right of way of the street and cul-de-sac. CITY CLERK ALSTON stated there is no action to be taken until the deeds are obtained. CITY CLERK ALSTON stated a communication from Guy C. Wilson was referred to the Planning Commission and they state it was the feeling of the Commission that the City Engineer had been working on this project and he would be in a much better position tofurnish the necessary information than the Planning Commission._ It was the recommendation that the City Engineer's 5/18 293 recommendations be considered since his engineering studies are ahead of the Master Street Plan and the Master Drainage Plan and consequently would be more capable of furnishing necessary information than the Planning Commission can furnish at the present time. CITY ENGINEER WARWICK stated this has been taken care of. CITY ATTORNEY CURRAN reported on the legality of the appoint- ment of Mr. McClure as a member of the Planning Commission. There was nothing at the last session of the legislature re- garding such a situation as this, therefore the appointment is legal. ATTORNEY CURRAN stated the next item is this challenge of the constitutionality of our ordinance regulating peddlers. In going into the law it was found that the cases were not consistent, so we will have to go into Court and let the Court tell us which side of the line our ordinance falls in, whether it is constitutional or not. This case is set for Thursday, May 20th. RESOLUTION NO. 6168 was read, authorizing the following transfers: from General Fund to the Traffic Safety Fund, $28,500.00; from the Traffic Safety Fund to the Capital Outlay Fund, $28,500.00; from the Retirement Fund to the Capital Outlay Fund, $5,000.00. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Parc en. RESOLUTION NO. 6169 was read, accepting the bid of Haafs Maple Furniture for Staff Room Furniture for the new Library, and authorizing and directing B. J.Gautereaux, City Manager, to purchase said items. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6170 was read, accepting the bid of the Muehleisen Mfg. Company for the purchase of patio furniture for the new Library, and authorizing and directing B. J. Gautereaux, City Manager, to purchase said items. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6171 was read, accepting the bid of Henry Levy Furniture Company for the purchase of draperies for the new Library, and authorizing and directing B. J. Gautereaux, City Manager, to purchase said items. COUNCILMAN PARCHEN asked if this resolution indicates that it is a legal accept- ance by the City Attorney even though this was not the lowest bid received. CITY ATTORNEY CURRAN stated his ruling is that in all cases you do not have to accept the low bid, there are some cases where youndo have to accept the low bid, but after studying the facts in this case found that this is a situation in which it was not necessary to accept the low bid, therefore it is his ruling that this is legal. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6172 was read, adopting a wage scale for each craft or type of workman or mechanic needed to execute a contract for the installation of culverts along 12th Street and Highland Avenue. Moved by Parchen, seoonded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. 5/18 294 RESOLUTION NO. 6173 was read, accepting certain real property from JEFFIE A. and BEULAH G. HENNESAY, and authorizing the City Clerk to receive the deed and to record same. Moved by Jensen, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6174 was read, accepting certain real property from WAYNE E. MACY, MARTHA F. MACY, and MARGARET L. GARDNER, and authorizing the City Clerk to receive the deed and to record same. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6175 was read, giving notice of intention to approve an amendment to the contract between the City Council and the Board of Administration of the State Employees' Retirement System, providing for the participation of the City of National City in said Retirement System. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. , "AN ORDINANCE OF INTENTION TO VACATE AND CLOSE PORTIONS OF PUBLIC STREETS, TO -WIT: 23RD STREET, HARDING AVENUE, COOLIDGE AVENUE, AND ALLEYS IN BLOCKS 151, 152, 105, 106, 87, AND 88, IN THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for the first reading and read in full. Moved by Parchen, seconded by Hollingsworth, that the date of the hearing be set for June 15, 1954, at 8:00 P.M. o'clock. Carried, all the Council present voting aye. CITY ENGINEER WARWICK stated he would like permission of the Council to hireuone Chief of Party at Rate 23, starting a $378.00 per month. The present Chief of Party will resign May 26, 1954. Moved by Parchen, seconded by Jensen, that permission be granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Heck, that the meeting be closed. CITY MANAGER GAUTEREAUX stated in anticipation of the purchase of the Olivewood Housing Project he would recommend that the Civil Service Commission be instructed to set up the necessary labor classifications for the manning and operation of said project with intentions to holding examinations. RODNEY SMITH, 541 "L" Avenue, was present and stated at the last meeting the Council authorized the Attorney to prepare a resolution granting him a zone variance, and asked if it would be possible for him to get a building permit without the resolution being adopted. ATTORNEY CURRAN stated the Council made a motion that the variance be approved and there is no reason why the Building Inspector could not proceed. COUNCILWOMAN JENSEN asked if the Council was going to have another meeting on the budget and asked if it would be an open meeting as it would have to be on record. COUNCILWOMAN HOLLINGSWORTH asked if the public will not have a chance to participate when we have the hearings on the budget. Mrs. Hollingsworth stated the City Manager asked the Council to meet with him in his office to go cerer the budget, and asked Attorney Curran if there was anything illegal about that meeting. ATTORNEY CURRAN "Said he saw no objections to such a meeting. 5/18 295 COUNCILWOMAN HOLLINGSWORTR stated sometime ago Mayor Hodge mentioned about the possibility of having one day time meeting and one evening meeting of the Council, and asked about the availability of a Council Chamber for the day time meeting. MAYOR HODGE stated the City Manager has made arrangements with Judge Harbison so the Court Room would be available for a day time meeting. CITY MANAGER GAUTEREAUX stated he believes that we can have one Tuesday morning meeting in the Court Room. COUNCILWOMAN JENSEN said she thought we should set the meeting so that the Council can adjourn at 11:00 P.M. and if necessary have an adjourned meeting. CITY CLERK ALSTON stated if the Council wishes to change the meetings it will be necessary to do so by ordinance. Moved by Hollingsworth, seconded by Parchen, that.the City Attorney be instructed to amend the ordinance setting the first Tuesday of each month as a day time meeting, and the third Tuesday of the month as an evening meeting. Carried, all the Council present voting aye. CITY MANAGER GAUTEREAUX asked if the Council wished to take any action on the request regarding labor classifications for -operation of the Olivewood Housing Project. Moved by Parchen, seconded by Jensen, that authorization be granted. Carried, all the Council present voting aye. Motion to adjourn seconded by Jensen. Carried, all the Council present voting aye. 5/18