Loading...
HomeMy WebLinkAbout1954 06-01 CC MIN296 National City, California, June 1, 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 absert. None. ADMINISTRATIVE OFFICIALS rresent: Alston, Curran, Gautereaux., Warwick, Bird. The meeting was opened with the pledge of allegiance to the F1a,T, led by City Manager Gautereaux, followed by invocation by Rev. Knight. Moved by Hollingsworth, seconded by Hec'z, that the reading of the minutes of the regular meeting of May 18, 1954, be dispen- sed with. Carried, all the Council Present voting aye. HERBERT A. BARNES was present in regard to the City's insurance and stated he had requested that his name be ,.gut on the agenda for this meeting. MAYOR HODGE asked that this be laid over un- til the next meeting. ORDINANC' 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 pres- ented for the see:ond reading. Moved by Hollingsworth, that the closing of these streets and alleys be tabled indefinitely. She stated the grade level on 24th Street is going to be raised con- siderably and that this should be tabled until this project is completed so we can establish the grade level for that area. Motion seconded by Jensen. Carried, by the following vote to-.,r t. Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: Nona, CITY CLERK ALSTON stated on checking the reports of the Planning Commission they are all zone variances and cannot be acted on un- til the next meeting. CITY CLERK ALSTON stated the Planning Commission have requested that Commissioner Fessman be authorized to attend the Western Industrial Development Workshop at University of Santa Clara, June 13th to 15th. Moved by Hollingsworth, seconded by heck, that Mr. Fessman be authorized to attend this conference, with expenses paid by the City. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCILNO:.AN JENSEN stated she noticed in the National City News that the Planning Commission had given Mr. Warwick authority to advertise for a City Planner, and she did not recall hearing a- bout it at a Council meeting, and questioned whether the Plan- ning Commission can give that authorization. CITY _ENGINEER `'AR t''IC ' stated there has been some discussion of hiring a Cityner and suggested an advertisement be put in the Western City Msgazine, which costs nothing, and so word it that the City was interested in hiring a Planner, then if the Council wishes to hire one, there would be some applications on file. COUNCIUMAY HECK stated he thought it would be well to incorporate in the Planning Commission's budget a City Planner; and would like to present the name of Fred. E. Wagner as City Planner, he can be available July 1st, at a salary of $550.00 a month.. Moved bar Heck, seconded by Hollingsworth, that Fred E. 'ragner be cons d- 6/1 297 ered for' the position of City Planner. COUNCILMAN -PARCHEN ques- tioned the duties of a Planner. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. COMM?UNICATION FRO:= THE 175cAap OF SUPERVISORS was read, enclosing cony of a resolution modifying the agreement with Cities for Tic health services to be furnished by the County of San D o. MAYOR HCDGE asked the audience if there was anyone present ob- jecting to this ordinance. There Were no objections. loved by Hollingsworth, seconded by Parchen, that the City Attorney be instructed to nrerare an ordinance adopting this service, and when the ordinance comes up for adoption it be publicized an:l have some discussion on it. Carried, all the Council present voting aye. The continued hearing on the closing of a portion of Wilson Ave- nue and a portion of 12th Street was held at this time. COUNCIL- WOMAN HOLLINGSWORTH stated this closing was pro^oaed so that Klauber `'angenheim could construct a building in the area, and now they are not coming into National City and have given ui the idea entirely, and she recommended this be discontinued. Moved by Hollingsworth, seconded by Heck, this be discontinued. Car- ried, all the Council present voting aye. CITY CLERK ALSTON announced that at this time we would have the hearing on the 1911 Act for Roselawn Avenue. BYR.L D. PHETPS, Engineer for the 1911 Act Proceedings was present and outlined the proceedings of a 1911 Act, and answered questions. from BUBY L. and HENRY D. SwARTZ was read. CITY CLE?K ALSTON stated this is the only written protest she has received. FRANCIS W. A tDRE''S, 3035 E. Seventh Street, was present. and. re- quested the Council consider combining the two hearings,'lose- lawn and Harbison Projects. MR. PHrtPS stated that it cannot be done. ROY F. COMFORD, 1235 Roselawn Avenue, presentad a written »rotest from Yrs. S. F. t:rittstruck, 1225 Roselawn Ave. Those present protesting the 1911 Improvement Act for Roselawn Avenue were: J. C. ROGERS, 1300 Roselawn Ave.; RUTH D. VELTAN, 1206 RoselaWn Avenue; CHALLES F. KOCHEL, 1336 Roselawn Avenue; .'. H. EVANS, 1216 Roselawn Avenue; G. J. TARDOWSKY, 1236 Rose - lawn Avenue; A. D. GRAFF, 1336 Roselawn Avenue, was present and stated this will no doubt show the evil of trying to hold ur a petition for improvements for two and a half to three years, but wished the Peoria would reconsider as he would like to see the improvements in, and he is not making a protest. CCUNCILT'0i-i_AN HOTTIINGS'70RTH stated at the time Mr. Graff brought in the peti- tion we had an ordinance then that did not require the same condition of streets as we now require, so consequently if the people were quoted a price of What it would have cost three years ago and it is costing more now, it should be remembered that it is for a better street. If you had the kind of street three years ago which we are now. requiring it would have cost you more than. it will now. L. J. WEAVER, 1326 Roselawn Avenue, was present and stated he is opposed to the improvement at the present price. :roved by Hollingsworth, seconded by Heck, that the property .u- rn ere on Roselawn Avenue file -.a letter with the City Clerk with their signatures indicating whether, they are for or against improvement. Carried, by the foltowng vote to -wit: Ayes" Heck, Hollingsworth, Jensen, Hodge: Nays: Parchen. COUI' CIT.N.AN PARCHEN stated it is his understanding that if this 1911 Act is protested out it no longer can be picked u.p, and asked the Attorney if that is correct. ATTORNEY CURRAN stated as to this Particular Act that is correct. COUNCIT =AN TA=cC HE'!v 6/1 298 etc could if you had MR. PHELPS on file in would like brought to concerned. asked if the engineering work tition. ATTORNEY CURRAN said same thing it could be used. plans are drawn, they will be time the people on the street proved the same Plan could be time as far as engineering is the same, so the plans will be on file until such time as the people want to go ahead or do not want to go ahead. THE HEARING ON THE 1911 IiIPROVEI'ENT ACT FOR HARBISON AVENUE bet- ween Division and 8th Street, was held at this time. • I'AYOR HODGE asked that the people interested in this improvement, either for or against, sigh a petition and present it to the Council in or- der to expedite the matter. W. C. SCHULTZ, 430 Harbison Avenue, was present, and stated he thought an hour or two of discussions would make little difference one way or the other. The follow- ing property owners T.rere present protesting the improvements for Harbison Avenue: I''IRS. W. C. SHELDON, 405 Harbison Avenue; FRANCIS W. ANDR T S, 3035 E. 7th Street; IIRS. GEORGE"HI i'ARTIN, 3018 E. 5th Street; 0. L. CLUCK, 3023 E. 8th Street, asked why the people in the 3000 block on E. 8th Street have been sent as- sessment letters. Wm. E. BOr.Ti'AN, 425 Harbison Avenue, asked why they cannot nut their own sidewalk and curb in when they want them vrhen they can get it done cheaper by an individual. IM'IR. ?HELPS said he could not as the 1911 Act Proceedings have now started.,, CITY ENGINEER `.''AR?_TICK stated if this petition is protested out then the Council has to rescind the Resolution that is in exist- ence which prohibits the irork, then if the property owner wisp. es to put in sidewalks and curbs they must come to the Building Inspector and get a permit for the work. MRS. C. H. BOOR , 429 Harbison Avenue; H. REC<KE?T Y, 234 Harbison Avenue; H. R. COLE, 415 Harbison Avenue were present in protest and stated they thought the State should give some help to ray for the street as there is so much truck traffic on Harbison Avenue. DOROTHY E. SMITH, 3016 E. 7th Street, stated she thought the City should do something to maintain the streets. IAYOR HODGE stated there are not sufficient signatures on the petition protesting the improvements on Roselawn .Yvenue, and sug- gested this be held over until the next Council muting, to ob- tain more signatures on the petition. COUNCILiAN HECK stated if the petition is brought in before the next meeting it can be checked by the Engineer prior to the meeting. JER?Y HARRIS, Chairman of the Traffic Safety Committee, was present and stated he thought the property owners on Harbison Avenue do have a point stating that it is a main thoroughfare, and with their permis- sion.he would suggest that this be held over to give the Traffic Safety Committee a chance to get a traffic count on Harbison and then present it to the Council and see if it might not be declared a major highway and placed on the -major street plan. LEONARD PIERSON, 3120 E. Division, stated he heard that Harbi- son Avenue was part of a master street plan and that it would connect onto some street going into San Diego and would be'a throctgh street, and that the���City had a master street plan, and asked. if this was true. 11AY0R HODGE said he has not seen a master street plan to that affect. CITY ENGINEER 'TARTICK stated as far as National City is concerned he knows of nothing that has been proposed to make Harbison Avenue anything but what it is. JAIES WEAVER, 314 Harbison Avenue, inquired as to the sign- ing of a petition protesting this improvement. Moved by Heck, seconded by Jensen, that the hearing be held over until the next meeting. Carried, by the following vote to -grit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge, Nays: None. be used on another pe- a petition covering the stated the improvement the City Hall, and any - to have the street im•- date in about one hour's The District would be 6/1 Zoo W. F. WILSON, representing the owners of the nronerty on which the Mayfair has been constructed, was present, and stated that Hr. " Guy C. ''Wilson is unable to be here and at his -request and i that of the owners he is here to discuss matters which were held over from the last meeting concerning "E" Avenue, MAYOR HODGE asked if Hr. Wilson would be Trilling to discuss this during re- cess, to which he consented. COMMUNICATION FROM CITY T_RE .SU`ER HOLGATE was read, regarding a letter received from Ed Porter, which stated that he owns pro- perty located at 1305 "I" Avenue and the nlaee is quite large and he has a lot of shrubbery which must be trimmed back in the Spring. These trimmings are either tied in bundles or placed in barrels for collection on designated day of collection.On several occasions the refuse truck refused to pick up the tied bundles, another time three barrels of trimmings and refuse were nut out, two were nicked un and one left. This matter is being taken u , with your office before taking action to ascertain why the rubbish Contract was taken away from a local citizen and given to a company that gives this kind of service. CITY TREAS- URER HOLGATE1S Letter stated she cannot say just what should be done about this, and other cases, but it should be given some consideration. MAYOR HODGE requested this be referred to the City Mpnager. COI-MMUNICATION FROM ELEVENTH NAVAL DISTRICT requesting extension of sewer contract and garbage and trash pick up contract, was presented. This was referred to the City Manager and City At- torney for a report at the next meeting. DECISION FROM THE COURT ON INJUNCTION OF ORDINANCE NO. 708, was nredented. ATTORNEY CURRAN stated the b?sis of the'decision is that at the present time the ordinances, as amended, provide thy,. a person who has a place of business in the City of National C: can send out people to solicit from door to door without the pa:-• ment of any fee whatsoever; whereas a person who does not have ,, place of business within the City limits of National City has to secure a permit for which she is charged $10.00 per day per soli- citor. In the opinion of the Court the situation clearly was ar- bitrary and unreasonable and therefore had to be enjoined as be- ing unconsiitional. The part of our ordinance which -.provides 100o greater tax for some person not having a place of business within Nptional City as against the same tyre of business or trade was not the question here, the question was the fact that a per- son having a place of business paid nothing whatsoever as against $•10.00 per day per solicitor, so the enforcement of this ordinan- ce has been enjoined as against the plaintiffs, which means that it behooves us to consider how our ordiance should be amended to make it legal. Previously the matter was brought up as to whether or not we could prohibit solicitors entirely, and the answer then: the same as now is "yes". If you want to amend the ordinance e" that solicitors are prohibited ydu may do so, if you do not want to do that and you want to charge a fee, as long as the fee is reasonable, then you can have a scale wherein a person who has r place of business does not have to pry as great a fee, however it cannot be such a large fee that it is going confiscatory as thie c10,00 per day. So it means that the ordinance should be amend- ed and it is up to the Council to determine what policy they want to adopt. This is something that should be taken care of immed ately. COUNCILWOMAN HOLLINGS?'NORTH stated a number of cities throughout the State are now enacting what they term "The Green River Law". That prohibits any solicitors from door to door within a City. The only way a solicitor could a.rproach a house- wife or go into a house would be that he hrd been _asked to comp .. 6/1 300 The Green River Law has been held constitution^.l_by the United States Supreme Court. Iloved by Parchen, seconded by Hollings- worth, that an ordinance be prepared. Carried, all the Council present voting aye. 1.IAYOR HODGE declared a recess at this time. The meeting was called to order by Mayor Hodge.. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. REQUEST FOR. REFUND ON BUSINESS LICENSE BY CLIFFORD L. WOLFF was read. MAYOR HODGE requested this be referred to the City At- torney for a report at the next meeting. COMMUNICATION FROM OFFICE OF THE ATTORNEY YGENERAL ?1:.s read, re- questing the Mayor to attend the National education Association in Washington, D. C., September 15, 16, 17, 1954. NOTICE FROM THE 'PUBLIC UTIT.ITIES CO'i-L'ISSION for the petition of Lyon Van & Storage Company for establishment of a new San Diego drayage zone to be designated as Zone 2-A, was presented. COUN- CILMAN HECK stated this is a notice that the Lyon Van & Storage Company have filed a petition for reduction in rates, and it would be very advantageous to National City to have a lower rat:, not only for Lyon Van & Storage Company but for future companie,: that might come to National City. Either the Council should no: trte any action and just file it, at which time if there are n•1 rrotests against this petition National City would not be invc.• ed, or we should go on record stating that they do recommend t'_I granting of this petition, and address it to Wyman C. Knarr, At torney for the Lyon Van & Storage Company, which he would intrc• duce as evidence at the hearing. Moved by Heck, seconded by Ho 1ingswrorth that we write a favorable letter that we do not wish to protest it and recommend the granting of the petition. Car- ried, a.11 the Council present voting 'ye. It was requested than the City Manager be instructed to write the letter. T FROM JOINT TE+� �t 1 INE AFFAIRS RS Taw^ COMMUNICATION 1 H0�'I JOIN L INTERIM COi�� ITLJJ 0 MARINE � �I s read, regarding a meeting scheduled for Friday, June 4, 7.954, at 9:00 A. LT. in Los Angeles. APPT-TCATION FOR OFF SALE BEER AND''TINE BEVERAGE LICENSE ,by Robert T Harrison, 2840 National Avenue, was presented. A REPORT FROM THE POLICE CHIEF w/as read, stating this loca.tion'was formerly licensed under the same management from Anri1 10, 1D50 to Feb. 2, 1953, at which time the license was revoked by the State Board of Eaualiza.tion as a result of the arrest of the applicant by the National City Police Dept. for selling intoxicants to minors.. A definite police problem existed prior to the arrest and con- viction of the applicant. Roved by Parchen, neconded. by Jensen, protesting the granting of the license. Carried, all the Council present voting aye. TRANSFER OF OFF SALE BEER .;_ND r IP\"E BEVERAGE LICENSE of Central Food I-arket, 222 E. 8th Street, was presented. Moved by Hol- lingsworth, seconded by Jensen, that the transfer be arnrove.d.. Carried, all the Council present voting aye. CCT___U:TICATION FROM JERRY HA -IRIS was read,- statin_ he is rlanning to have a new building built at the Southwest Corner of 8th and "D" and he has been informed by the Building Inspector that once he disconnects from the present sewer line he cannot reconnect for the new; building. He is unable to adquire easements from 6/1 3Q1 the adjoining property owners so is requesting permission to use the planting strip on 8t11 Street to run a. sewer lateral from his property line to the sewer line in the alley. he agrees to ray all reasonable necessary expenses. COUNCILWOIMAN JENSEN asked 'ir. Harris what he meant by reasonable expenses. MAYOR HODG_. asked Mr. Harris if he would rather take the City s cost or a private contractor's cost. JERRY HARRIS'stated he did not thin'_. it would make a great deal of difference, but he thought the City could do just as good a job as anyone else. When he stated reasonable cost he meant just what it said. '.'hatever it costs to put it in he will be willing to nay. As far as replacing sidewalks and curbs, the sidewalks that are in are all patched un, and if touched with a ditch digger they will fall all to pieces. Mr. Harris said he will be willing to pay for the sewer. COUNCIT,WOI'AN HOLLINGSWORTH stated the City cannot re'ilace the sidewalks. MR. HARRIS stated if the sidewalk eras completely broken up he no doubt would have to replace it with today's specifications. CITY ENGINEER WART'aICK stated that was correct. MR. HARRIS stated if a d±tch' digger was but in there it would break the sidewalk to nieces, there is just a crust on top and that is all. He stated he would hate to replace the sidewalk completely with a new one across the frontage of the nronerty. COUNCILT:'0I"IAN JENSEN asked Mr. Harris if he expected the City to -replace the sidewalk. MR. HARRIS said he would be glad to re- pair the sidewalk but not replace it. If the Council will leave it up to the City Engineer and himself to decide whether it tail_i be done by hand labor or machine we could get together on that later. CITY ENGINEER T'TARWIC T said the main thing we need is fal the Council to approve the connection existing inside the nark ing strip. Moved by Heck, seconded by Parchen, that the sewer be allowed to be placed inside the parking strip. Carried, by' the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen; Parchen, Hodge. Nays: None. APPLICATION FOR REFUND ON BUSINESS LICENSE BY MALCOL i-I N. HOTTA v� _ was presented. MAYOR HODGE requested this be referred to Attor" ney Curran. COMMUNICATION FROM L, E. FINDAHL & SON, in regard to sewer con- nection, was read. Mr. Findahl stated he is contemplating build- ing three houses on nronerty located on 17th Street betwe'n Palm and Newell' and at the present time there is no sewer lateral to connect to, and asked that consideration be given to this pro- ject. COMMUMICATION FROM CITY MANAGER GAUTERErUX regarding Mr. Findahlts request, and it was suggested that 1'ir. Findahl pro- vide easements to the rear of his nron erty and others necessary to reach 18th Street serer, also that the 'roperty _Day for the sewer transmission line with the understanding and agreement that when resident connections are made the district charge col- lected would be refunded to the subscriber, thereby relieving the City of an indefinite responsibility and possible loss. It is the policy that all serer run costs shall be raid by immediate connections or anticipated connections within a reasonable len- gth of time. A cost projection prepared by the City Engineer is herewith submitted. COST REPORT BY THE CITY ENGINEER stated tha'c the estimated cost for constructing sewer is $2,112.00, in ad- dition the City will need an easement across Mr. Finda.hl's nron- erty and the property to the South: Considering the plan with only six connections at T170.00 per connection the City wouldreceive t1,020.00 for an expenditure of 2,1.12.00. If we con- sider the plan with 10 connections at 1.70.00 per connection the City would receive `?1,700.00 for an e_penditure of 2,410.00, The request was referred to the City Manager and City Engineer to negotiate further with Mr. Findahi1. 6/1. 302 REPORT FROM CITY MANAGER GAUTEREAUX was read regarding the an- nraisal of one parcel of property, Lot 13, Block 174, National City. To the knowledge of the City Manager there has been no other expense with regard to this appraisal other than the $10.00 paid by Charles Anderson, the appraiser. (loved by Heck, seconded by Parchen, that the refund be made less the T10.00 an- pra.isa1 fee. Carried, by the following vote to -wit: Ayes; Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. BERNARD J. BAND was present and stated that inasmuch as he has been charged for the annraisal he would request that the apprai- sal be mailed to the office of the Metropolitan Securities Co., 122 National Avenue, National City. MAYOR HODGE stated we can- not give the original document and asked if a copy would be satisfactory. MR. BANKE said just so it is signed by the ap- praiser. REPORT FROM CITY MANAGER GAUTEREAUX was read, regarding the es- timate of cost for the lighting of Highland Avenue from 2nd to 30th with 20,000 lumen mercury vapor lights, the prices as sub- mitted by the San Diego Gas & Electric Company are attached. This particular item has not been included in the anticipated utilities cost for the 1954-55 budget. The existing similar lighting on National Avenue and 8th Street is an expense de- frayed from the General Fund. REPORT FROM THE SAN DIEGO GAS & ELECTRIC COMPANY shows it will cost $570.90 per month. CITY MANAGER GAUTEREAUX stated there has come to his attention mation concerning the possibility of the property owners along highland Avenue petitioning for the widening of Highland Avenu It would be an inopportune time to actually place these•light: with this type of project in the making. Moved by Heck, secon.- ed by Hollingsworth, that the letter be filed. Carried, all th Council present voting aye. COM'_'MUNICATION FROM CITY MANAGER GAUTEREAUX was read, relative tc the antici'saated Purchase of the 0livewood Housing Project. It will be necessary in order to perfect our application to amend paragraph 4 of Resolution 5349 to conform to the request made by the Public Housing Administration, as of April 29, 1954. The communication eras referred to the City Attorney. REQUEST OF CITY MANAGER GAUTEREAUX for transfer of $577.22 from the Unarnronria.ted Reserve to Account #506 B18-B, which is Gen- eral Annrorriation covering employees group insurance, was read. Moved by Hollingsworth, seconded by Heck, that the transfer be authorized, and the Attorney prepare the resolution. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. AP:DTP-CATION TO i'IOVE A BUILDING BY RALPH HUNTER Was read. The present location of the building is on Lots 19 and 20 of Block L, of W. C. I=imball's Sub., 8th and "D" Avenue, and is to be moved to 2005 McKinley Avenue for use as a residence. The annlication wns approved by Building Inspector Bird, with a 90 day time limit and a $500.00 bond to be posted. COUNCILMAN PARCHEN -stated at one time the Council requested the Building Dept. to specify the house numbers as well as the legal description, so we could check the buildings to be moved. COUNCILMAN HECK stated he be- lieved the Council should have some definition of policy on house moving procedure. Presently there has not been any official policy been determined by this Council as to what action should be taken on a. 1.ications for house moving. Mr. Heck said he wanted photogranhs but ' they should not be taken by the rronerty owners but should be taken by City photographers. The Police Dept. has the necessary equipment and facilities for tak- 6/1_ 303 ing photogry hs. It is his opinion that the photogra-nhs should be taken by City official - photographers, there should be a »hoto of the Present building, one of the site that it is going to be moved to, and there should be a. rhoto of the general are that it is going to be moved into. The a»nlioant when he is making ai^- Plieation for moving his building pays a fee of 25.00 which is used for the expense of necessary investigations and the ex- pense of taking the nhotograrhs could be charged against the 25-.00. Further there should definitely be a time limit of rer= forma.nce. Also the Building Dent. should recommend the amount of the bond. COUNCIL,LAN HECK asked Attorney Curran if a uniform draft could be used a.s a. performance bond to be issued by the City of National City, which the applicant would receive at the time he obtains an a.prlication to move the building, and this he could take to his bonding company and have them execute it for the required amount and then return it to the City. ATTORNEY CU RAN stated it could be used and it would certainly expedite the procedure. Moved by Heck, seconded by Hollingsworth, that ihotograrhs are to be furnished by the official. City nhotogra-nher, ?which incor»orates a photo of the present building, a photo of the site to be moved to, and a ,.photo of the general area in which the building is to be moved. Also incor»ora.te in this that there be time limit of rrerformance, that the Building Dept. recommend the amount of bond, and that our City Attorney Pre•,are a uniform draft of performance bond, and that the addresses be included. COUNCITI=AI ?ARCHEN stated we did have a Policy for moving hou;; : we had P. 90 day time limit and a ?500.00 minimum bond. 1Te alsc had several directions to the Building Dert. to give the house number. It has been the policy to go out and look at the builc- ing to be moved and the location to be moved to. Councilman Heck with the approval of Hollingsworth also incornorated in the notion that the Building Inspector make a recommendation as to whethhr the building can be brought ur to the Uniform Building Code. Carried, all the Council present voting aye. vioved by Hollingsworth, seconded, by Parchen, that the ann1.ication be rrlf- nroved.s Carried, all the Council- present voting aye. A""T,ICTION TO `0VE A B'JILDI-rG by Trustees of the Berean Bible Church, was presented. It is being moved from the County to the 1900 Block on E. 8th Street. It was aPnroved by Building Inspect- or Bird, with 90 day time limit and 32,000.00 bond. COUNCIL AN PAB.CHEN stated he would like to see this laid over until the next meeting to give the Council members time to check the build- ing. HAYOR HGDGE requested this be laid over. T;,, Nn E TTEE BILLS AUDITED BY THE rIiari:'C� COi_=I:l�_ »resented: General Fund Traffic Safety Fund Park H I Fund Retirement Fund Harbor Fund Trust & Agency Fund Payroll Fund TOTAL •7,233.2h 636.8o 215.29 1,7L5.05 54.19 77.02 18;496.29 28,397.82 Moved by Hollingsworth, seconded by Heck, that the bills be an - proved and warrants ordered drawn for sane. Carried, by the fo1_- lowing vote to -wit. Ayes: Heck, Hollingsworth, Hodge. Jensen, Parchen. RESOLUTION NO. 6176 was re-0, authorizing the sun of ";5,722.95 be paid from the Capital Outlay Fund, as follows: C. A. Larsen Construction Company, 5,255.09; Freetly Bros., 365.00; Robert A. Bradt, $102.86. All are for Library outlay. -oved by Hot--- 6; 304 _l_ingscworth, seconded by Heck, that the Resolution be adopted. Carried, all the Qvuncil present voting aye. W. F. WILSON asked if the Council wishes to discuss the natter of "E" Avenue at this time. ATTORNEY CURRAN stated that it is his understanding as the result of checking of the description by the City Engineer he found that rather than a 10 foot strip for the proposed extension of "E" Avenue there should be a 15 foot strip, and Guy C. Wilson has agreed to substitute deeds calling for 15 feet. MR. T rILSON said that is correct, and they are authorized to make a deed giving to the City 15 feet on the east side of "E" Avenue for the length of the'nunbor of feet pre- viously proposed. Also in checking with the Engineer the ques- tion was raised as to whether or not there would be any prob- lem with sloping the side of the street, and he is authorized to agree to that also in the event the property has not been graded for its eventual use prior to the time the street is nut in on "x"" Avenue we will take such steps as may be necessary to give the City the right for such grading as riay be necessary on the east side of "Err Avenue. He is also authorized to commit the three corporations to nay a portion of the cost of the sewer and the grading of the street. he is authorized to offer to the City, if necessary, the sun of 3,300.00 which they understand is the total net cost of the placement of the sewer along "E" Avenue a the estimated cost of surfacing the street. We would like to 1.re this taken care of immediately so that we can proceed with the opening of 10th Street. ATTORNEY CURRAN stated we have five deeds, two of them are to be replaced by new deeds which will call for a 15 foot rather than a 10 foot strip. In view of tle. history of this and so that the natter can be expedited, if it :' the desire of the Council, we could authorize the preparation cr the resolution so this matter could go forward. We would then have the resolution accepting the three deeds which we have in possession and the two new ones to come in to be acted upon at the next meeting. COUNCILMAN PARCHEN said we should have some explanation for accenting a S5 foot street. ATTOREY CURRAN stated it is not his understanding that we are accepting a street at all, we are simply accepting a deed which gives us title to a. strip of land. COUNCILMAN PARCHEN stated it is the first step in accepting a street. We are accepting an additional 15 to the L0 that is already deeded to the City which makes 55 feet and we have not been accenting any street under 60 feet in width. MR. WILSON said it is his understanding that the church on the corner has deeded to the City 15 feet making a total of 55 feet at that point, so to make a wider dedication beyond that -point would make an odd shared street. ATTORNEY CURRAN asked MIr. Filson if that meant that the various corporations would be willing to grant sufficient additional area to make a standard street if arrangements could be made to move the church. MR. WILSON stated he is not authorized to so state but he thinks it could be ac- conplished. He said he can assure the Council there will be no trouble on granting the 15 foot deed. Moved by Hollingsworth, seconded by Heck, that the two deeds for the extra 5 feet to- gether rith the documents already received be accepted, and the Attorney be empowered to -prepare the Resolution when the deeds are received. Carried, by the following vote to --wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. £`iays: None. CITY ENGINEER WARWICK stated in relation to the construction of the street, we have succe ded'in getting some grades, and after re -figuring and getting costs, it has been ascertained that it will cost about 2,500.00 to grade and nut in the oil mix sur- facing on "E" Avenue. Moved by Hollings •north, that tire accent the contribution in the amount of 3,300.00 of the three conna.n- ies involved for the improvement of the street and serer, and 6/1 305 that the City rroceed with the work. The work consists of the inrroving of "E" Avenue for 330 feet south of 10thh Street and the construction of a sewer line on "A" Avenue fron 12th for distance of approximately 660 feet north of the center line of 12th Street. The money to be derosited in the Trust & Agency Fund in the amount of S3300.00. CHARLES MICONE, 4.4.0 E. 7 0th Street, was present and stated he thought "E" Avenue should be improved the entire length or not at all, also protested the noving of lair. Stowe's houses into this iocation, and asked how many signatures he would need on a petition protesting this mov- ing. MAYOR HODGE stated there is nothing in the motion regard- ing the moving of the houses, and to nrotost at the time the • petition comes in to move the houses. Motion seconded by Heck. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Parchen, Hodge. Nays: Jensen, 'xs'y COMMUNICATION FROM CITY TREASURER HOLGATE was read, regarding service agreement contract on Burroughs Sensimatic Sanitation Billing and ?osting Machine. The machine is very important and there should be the assurance that if something went wrong with it someone could be called to immediately service it. It was the recommendation of the City Manager that we do not enter in- to an agreement at the present time. Roved by Hollingsworth, that the City Treasurer be authorized to enter into a service agreement contract. CITY MANAGER GAUTEREAUX stated the machin has had many "kinks" and it has been more or less under scrutin=.: and it is only within the last couple of months that most of t i„ kirks" have been ironed out. For the amount that is being as. ed per year on one niece of equipment would be more than we n .. Wally would pay for the service if we cali_ed for a technician, Motion seconded by Heck. COU?CILWOMAN JENSEN stated she thou we should accent the City hanager l s recommendation. Carried, the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. COMMUNTICATION FROM C. A. NOBLE, Detective, was read, rectuesting a thirty day leave of absence without pay from June 7th to July 7th, in order to take care of his mother's affairs as her health is in danger.- The request was approved by Chief Smith. loved by Parchen, seconded by Jensen, that the request be granted. Car- ried, all the Council_ present voting aye. DEMAND OF CLARENCE E. NO.RRIS in the amount of S2,249.26 was pre- sented.. CITY CLERK ALSTON stated we have an agreement with Mr. Morris on a sewer and there has been some litigation over this natter, and asked that it be referred to the Attorney. CITY CLERK ALSTON stated that when the budget for the Maytine Band Review was set up the -oast fiscal year they ha.d an amount of ? 883.50 remaining in their budget, but after the beginning of the new fiscal year bills in that amount came in, although this amount was not transferred to the Unpaid Orders Account. This amount was paid out of the Maytine Band Review Account which went against their present budget, now it 'eaves then short 883.50 on this budget, and asked the Councii's wishes in this regard. Mrs. Alston stated it would be her recommendation, if the Council wish to. take care of the amount raid earlier in the year, that a transfer out of the Unaprronriated Reserve be made. and nlso transfer this paid bill to the Account of Unpaid bills, so it will not reflect on this budget. COUiTCITI'O= JENSEN ask- ed if this would be legal_. ATTORNEY CURRAN stated it is simply a; transfer of budgets. iioved by Heck, seconded by Hollingsworth, that the transfer be made and a resolution be rrenared. MRS. '_'ODISH was present and asked the City Attorney if it was Legal 6/1 306 to nay a bill when you do :C cat 1 e- contract to cover that bill. ATTORNEY CURRAN stated he to have to take the position that the City Attorney is t rney of the Council and not for the purpose of answer.ir';-questions from the floor. On that grounds we have enoggh work to do without having hypothetical questions nut to us. Has, KODISH stated this is not a, hyrothe- tical question, it is a fact. That bill of 3883.50 Was a pre - 'Acme yearis bill and when the City paid that they were not un- der contract to the Chamber of Oommerce. The contract to the Chamber was not written until March of this year. ATTORNEY CUR - RAN stated that is something he knows nothing about. MRS. KODISH said their budget was 14,700.00 for the Maytime Band Review, and asked if this bill will bring their budget un to 5,500.00. CITY CLERK ALSTON stated the $883.50 bill was paid by the former Coun- cil in July and it should have been paid under Unpaid Orders which was not done. MRS. KODISH asked if this present Council is ob- ligated to nay this. CITY CLERK ALSTON stated she is asking it to be transferred back to the Unpaid Orders under General Fund. TOM TEONARD was »resnnt on behalf of the Maytime Band Review con- tract for 1954. harried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, ?archon. REPORT FROM THE CIVIL SERVICE C0IlliISSION was read, stating that Sections 5 of ordinance 712 states which departments shall be included in the competitive Service under Civil Service. Sec- tion 6 stated: The City Council from time to time by ordinance may add additional departments, arpointive officers, or employees to those already included. It is requested that the City Council in the event of the acquisition of the Olivetrood Housing rays an amending ordinance to include the employees and, officers of t' 0live-rood Housing Project. This action is necessary before the Commission can conduct examinations for positions in this depart- ment. MAYOR HODGE requested this be referred to the City Attor- ney. COMMUNICATION FROI'I CIVIL SERVICE COPCIISSION in regard to the salary survey, was presented. RESOL.UiTION NO. 6177 was read, authorizing b. J. Gautereaux, City Manager, to submit a bid pursuant to invitation for bids #55-1 dated May 4, 1954, issued by the Housing and Home Finance .Agency, Pubic Housing Administration, for collecting trash and garbage at the Olive -•rood Homes, said bid to be $1.00 rer unit or fi1.0,752.00 per year. `Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. COMIUP,TICATION FROM FIRE CHIEF BAILEY was read, recomr_lehding that authorization be granted the California Water and Telephone Co. for installation of hydrants at the following locations: South- east corner of 14-th Street and Wilson Avenue and Southeast cor- ner of 19th Street and Haffley Avenue. It was the recommendation of the City Manager that the hydrants be installed. Moved by ?archon, seconded by Jensen, that the hydrants be installed. Car- ried, all the Council present voting aye. COMMUNICATION FROM WILLIAii W. BAILES, 1.819 E. 9th Street, was read, requesting permission to run a one inch water nine on "R" Avenue south from 8th Street for a distance of 150 feet for the Purpose of supplying his residence with water. COI-_UNIC>'.TION FROM CITY MANAGER GAUTEREAUK was read, regarding the request of Mr. Hallos for the nurnose of placing one inch meter Hain within "R" Avenue. Mr, Bailes explained that in the sales transaction of nrorerty he failed to reserve an easement for such 4 liti s and that now other properties are in urgent need of wt. It is the 6/1 307 Managers recommendation that he be allowed to place a. one inch water main within said street upon signing an agreement accent - able to the City in regard_ to protection and liability, and that the Attorney be requested to draft a suitable clause. It is fur- ther recommended that the main be placed within the right of way of "R" Avenue for a. distance of 150 feet south of 8th Street, and that said water main be placed on the easterly side of the street in the approximate vicinity of two other private water mains that are serving private properties to the south and east. Moved by Parchen, seconded by Jensen, that the request be granted. Car- ried, all the Council present voting aye., COMMUNICATION FROM THOMAS T. CRITTENDEN was read regarding the excavation in front of 2202 E. l0th Street, This excavation has resulted in a. very hazardous situation, CITY MANAGER GAUTEREAUX stated he recommends that this letter be referred to the City Attorney and the City Engineer, for proper descriptions and trac- ing down our particular bounds and with any necessary action on the part of the Attorney, MAYOR HODGE requested it be referred to the Engineer and Attorney. CITY MANAGER GAUTEREAUX stated he had a supplementary agreement for street lighting which is for the placing of 6,000 lumen tyre lamps on "0" Avenue between 20th and 22nd Streets. Moved by Par- then, seconded by Heck, that the street light be installed and the proper resolution pre -tired. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None COMMUNICATION FROM STATE HIGHITAY DIVISION concerning the Placing of the anticipated overhead lights at the intersection of 13th and Harbor Drive, was presented. In connection with the nroros- ed lighting of portions of Montgomery Freeny, it is the recom- mendetion of Highway Division that lighting be pla,cod at the in- tersection of l3th Street and Montgomery Freeway. The request for lighting at this intersection was initiated by the National City Police Dept. In accordance with the State's policy in re- gard to lighting of the intersections which involve State High- ways and City's streets the cost is proportioned between the two agencies on the basis of the number of legs of the intersection which are City streets and which are State highways, In this instance the division of cost would be 50% of the estimated cost for the lighting excluding any channeflization which will be plac- ed on the State Highway, the State paying 100% of this cost. The four lights involved at this location on the basis of the estimate, including engineering, etc will cost approximately L,580.00, or 2,290;00 for the'City°s share. This is an estimate only, it is suggested that 2,500.00 be allocated. If the City wishes to finance this from gas tax funds it will be set up in the pending program for 1955 fiscal year. CITY MANAGER GAUTEREAUX asked if we have the resolution prepared for the accepting of Haffly Avenue. CITY CLERK ALSTON stated she received some documents this evening from Mr. Campbell, former City Attorney, end she has not had time to check them to see if this is included. CITY MANAGER GAUTEREAUX stated this is an in- portant matter and the Santa Fe are anxious to get this matter concluded,. CERTIFICAT" OF INSURANCE OF NATIONAL DRY KITS.`? AND PROCESSING COMPAI Y was presented. ATTORNEY CURRAN stated this apnears to satiny the requirements of the lease and recommended that it be filed, ATTORNEY CURRAN stated we have a certificate of insurance by 6/1 308 Lumber Company which did not have the other documents therefore it was returned to the City Clerk in order to get the a»'^ropriate conies of the insurance policies. ATTORNEY CURRAN stated the -Sidewalk License Bona for Freetly Bros. appears to be in order. Moved by Hollingsworth, seconded by Par- chen, that the sidewalk license bond of Bernard `i. Freetly and Allen T. Freetly, dba Freetly Bros., be approved. Carried, by" the following vote to -?,wit: Ayes: -Heck;. Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CUPmAN stated in regard to the question whether the pur- ported termination of the agreement with Charles M. Davis was suf- ficient, it was discovered that he had not performed certain por- tions of the agreement therefore the City Manager called that to his attention, se this matter should be held in abeyance until the Performance of k r:w >e conditions. COUNCILT:TOMA : HOLLINGEWORTH ask- ed if there was n performance bond in existence. CITY MANAGER GAUTEREAUX stated we have not been able to find any bond. A let- ter was mailed a week and a half ago to Mr. Davis but to date we have received no reply. COUNCILMAN HECK stated he thought we should have another follow up letter requesting a reply. RESOLUTION NO. 6178 was read, giving notice of the proposed an- nexation to the City of National City of certain uninhabited territory, being that territory now known and designated as Natirna_1 Vista No. 4. The date of hearing of any, protests was set'for"July 6, 1954, at 8:00 P.M. Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Coun- cil. present voting aye. ORDINANCE NO. , an Ordinance amending Ordinance No. 716? , was presented for the first reading, and read in full. This ordinance sets the Council meetings as follows: The -meeting on the first Tuesday shall_ be at 8:30 A.M. and the meeting on the third Tues- day shall b2 at 7:30 P.M, Ordinance No. 824 is hereby repealed. RESOLUTION NO. 6179 was read, granting a special zone variance permit to Alfred J. and Lillis Newell Hlawa.tsch for the purpose of building a garage and bedroom with six feet of the alley line and the main part of the house within twelve feet of the alley line, on Lot-8, Block 8 of 0livewood. Terrace. The setback line in the rear area. shall not be less than the establ_ished setback of the existing structures in the area, Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted_. Carried, all the Council present voting aye. RESOLUTION NO. 61.80 was read, granting a special zone variance permit to t William H, Moore and Cletus L. Kathol for the purpose of changing Lot 126 from R-1 zone to C-2 zone and to allow instal- lation Of gasoline pumas and a neon sign in the 20 foot setback line of both lots. Said -property is described Rs Lots 126 and 217, National Vista. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present vot- ing aye. RESOLUTION NO. 6181 was read, granting n special zone variance permit to R, L. B. Smith for the purpose of erecting a profes- sional office building in a R-4 zone on property described as the E 901 of Lots 19 and 20, Block 1, Frank P. Reed's Subd. of N. of 20 Acre Lot 2 in Quarter Section 133, Rancho de la Nacion. Said permit is granted upon the conditions and recommendations of the Planning Commission as hereinafter set forth: At least a 10 ft. setback from 18th Stree'c be required. Moved by Hollingsworth, 6/1 309 seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6182 was read, granting a. special zone variance remit to General Board, Church of the Nazarene for the nurpose of constructing an addition to the existing Church located in'an M-2 zone, on Lots 18 and 19 and the S 50' of Lot 23, Block 54, of National City. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted.. Carried, a.1.1 the Council present vot- ing aye. RESOLUTIf ' NO. 6183 was read, granting a. special_ zone variance pernit to Marianne Nery for the purpose of allowing a, side yard and rear yard setback variance from 4-ft. to 3 ft. in order to convert existing laundry, storage room and work shop into a, sma _1 apartment, 525 Highland Avenue. 1loved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council, present voting aye.. - RESOLUTION N0. 6184 was read, granting a special zone variance permit to Safeway Stores, Inc., for the purpose of permitting commercial development of such property for a depth of 2901 Easterly from Highland Avenue and to use the balance of such property for customers/ off-street parking. 8a.id property is &.t s- cribed as Si-E 11- 81 W* "i AS2, 20 Acre Lot 2, o1uarter Secticn 131, Rancho de la Nacion, EXCEPTING therefrom said Ir`_ S1, the S 2407 thereof, and the N 403 thereof. Moved by Hollingsworth, rsC- conded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6185 was read, authorizing the transfer of sixt cents from the Special State Gas Tax Improvement Fund to the Traffic Safety Fund, Street. Loved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, all the Council pre- sent voting aye. RESOLUTION NO.. 6, 86 was read, accenting the bid of F. San Martin Sons, made May 2, 1954, as amended, and a Contract to collect garbage for two years is hereby awarded to F. San Martin & Sons. Moved by ?arehen, seconded by Heck, that the Resolution be adopt- ed.. Carried, all the Council present voting aye. COUNCIL7OI.;.N HOLLINGSTroRTH stated she had no idea there was such a terrific backlog of work for the City Attorney, and suggested - that he either give us an approximate amount of time or extra fee, per month, or per hour until he is caught up with the backlog. COUNCIT.j AN HECK asked Attorney Curran if he had any idea how much backlog work there is. ATT0?IIEY CURRAN stated at this time he did not. COUNCILMAN HECK asked if the City Attorneys are not supposed to keen their ?pork up to date. The -previous City Attorney it seeps should have a.oaor_rrlished that work. COUNCIT'f0'_IAN JENS:'i,' said the previous City Attorney gave a lot of hours and did not get any extra fee whatever. He put in many hours overtire work- ing on the Water Election. Moved by Hollingsworth, seconded by Heck, that Hr. Curran be recompensed, either on an hourly bass: or an estimated amount of time that he figures it is going to take 'him to catch up with the backlog of work. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. 1•ioved by Hollingsworth, seconded by Parchen, that the City Engin- eer's expenses be raid to attend the Planning Congress dinner. Carried, by the. following vote to -wit: Ayes:. Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCILWOMAN HOT.TINGSWORTH 6/1 310 asked if on such a. Planning Congress, pense of the City, we do not have to ffairs like the League of California Cities or the department heads could attend at the ex - so that each time something like this codes up take it through the Council. Moved by Heck, seconded by Hollingsworth, that Fred E. Wagner be employed as City Planner, effective July l: 1954, salary $550.00 per month. Carried, by the following vote to -wit: Ayes: Hec, Hollingsworth, Hodge. Nays: Jensen, Parohen> COUITCIT 7OiiAN HOLT.TNGSWORTH stated it is h.3-' understanding that Mr, Carrigan represents the City on the Count:T Water Authority, and asked how long his tern has to run. COTefliLMAN PAC EN stated he believed he has over three years to go , c: `:NCIU TAIL HECK asked :.f he was appointed by the Council. MAYOR HJDGE said he was. COUT- CITMARi HECK asked if the Council can appoirt a new member. MAYOR HODGE stated if the Council sees fit to r.eeall this -?articular mem- ber it.would appoint a ne'r one. COUNCILMAN PARC= stated he ques- tioned that the Council can recall a member of the ?Water Author- ity. COUNCILYr0MAN JENSEN asked if you did not have to have a reason. MAYOR HODGE said he thought we have reason. Mr. Ca.rrg^n. definitely represented the previous Council, and the thinking of the people at the time he was elected. There is a. new thougl_'t anC:, a new Council now elected by the people, and he is sure that r. Carrigan does not go along with the people's thinking, and le not the people's choice at the present. Moved by Heck, seconded by Hollingsworth, that the City Clerk be instructed to write Mr. Cara. rigan asking for his resignation as a member of the County Water Authority. Carried, by the following vote to -wit: Ayes: Heck- Hollingsworth, Hodge. Nays° Jensen, Parchen. CITY MANAGER GAUTEREAUY. stated prior to this Council it has been the usual procedure that the Managers of the various cities meet once a month, specifically for administration purposes. It is a luncheon meeting, and one of the cities is the host city. :The host city does pay for the lunches of the managers. Each city is host approximately twice a year, There are between eight and ten managers and possibly a guest or two that may attend. Heretofore the bill has been taken care of directly within the Manager's office through conference expense, 'MAYOR HODGE asked if it is' necessary to have a vote on this. ATTORNEY CURRAN stated uno49, just the assurance that this is the policy. Moved by Heck, seconded by Hollingsworth, that the meeting be closed. Carried, all the Council present voting aye. ATTEST: 1 MAYOR, CITY OF NATIONAL -TY, CALIF. 6i,