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HomeMy WebLinkAbout1954 08-03 CC MIN30 National City, California, August 3, 1954 Regular meeting of the City Council was called to order by Mayor Hodge at 8:30 A.M. o'clock. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Warwick, Wagner, Holgate, Gautereaux, Curran, Bailey, Bird; Smith., The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Father Hamnett. Moved by Heck, seconded by Jensen, that the reading of the minutes of the regular meeting of July 20, 1954, and the adjourned meeting of July 23: 1954, be dispensed with and the minutes be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6223 was read; adopting budget and approving memorandum of agreement for expenditure of gas tax allocation for major City streets. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6224 was read, pursuent to Ordinance No. 5909, Ducommun Metals and Supply Company placed a deed in escrow with the City of National City, and the City Council hereby that the above described deed is of no force and effect, and th City Clerk is authorized and directed to return the same to Ducommun Metals and Supply Company. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6225 was read approving and accepting a modification of Lease NOy (R) 48364 proposed by the Navy Dept. regarding the leasing of a certain portion of the tidelands for parking purposes. City Manager Gautereaux is hereby authorized and directed to execute said modification of Lease for and on behalf of the City of National City. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6226 was read, regulating and restricting the parking of motor vehicles as follows: 1. A one hour parking limit on "B" Avenue between 7th and 9th. 2. A two hour time limit on "C" Avenue between 7th and 9th. 3. A two hour time limit on "D" Avenue between 7th and 9th. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. 863, "AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY, CALIFORNIA, OF CERTAIN UNINHABITED TERRITORY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED "A CERTAIN PORTION OF TIDELANDS AND SAN DIEGO BAY"", was presented for the second and final reading and read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be adopted. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH requested that the matter of re- zoning of Badders Annexation be taken up at this time. CITY CLERK ALSTON stated on the Planning Commission report of July 12th there was an application made for a zone change by L. W. Badders and Avie M. Badders relative to the rezoning:.from 8/3 31 an R-4 Zone to an M-2 Zone for a parcel of land described as W 330' E 515' of Badders Annexation, and also rezoning from R-4 Zone to M-3 Zone for a parcel of land described as all of Badders Annexation ex E 515' and the W 240'; also it was initiated by the Planning Commission to include in this zone change the E 125' of South West Mesa Annexation. It was the recommendation of the Planning Commission that Badders Annexation and South West Mesa Annexation be carried forward in accordance with other property in the neighborhood. CITY PLANNER WAGNER stated this would extend the existing M-3 and M-2 Zones southerly to the south line of the City. DIXON GOEN; representing Mr. Badders, and also the Kelco Corporation who will be the reclaimers of the land that needs fill, was present, and asked that the Council take action at the earliest possible date to have the property rezoned. Moved by Hollingsworth, seconded by Jensen, that the City Clerk be directed to publish a notice of hearing, and that the hearing be held on Badders and South West Mesa Annexations zone change August 17, 1954, at 8:00 P.M, Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Parchen. CITY CLERK ALSTON announced that we would now have the hearing on the appeal of Olivia Davis. The appeal is for the right to operate a salvage business, whether it be for non-ferrous or ferrous metals or for any kind of smeltering on property located at the Southwest corner of 16th and McKinley Avenue. MERIDETH L. CAMPBELL, Attorney, representing the appellant in this matter and the applicant for the permit, was present, and stated he had just been requested to abandon the appeal. He stated he wished to point out that the City's ordinance can zone but it cannot prohibit a legal business if it can be done without injury to others. ATTORNEY MERIDETH L. CAMPBELL stated in regard to the deannex- ation of certain uninhabited territory, namely Rancho Masa, for which proceedings were commenced possibly a year ago, the City had appealed in the District Court of Appeal and on July 20th they affirmed the judgment ordering a writ of mandamus compelling the Council to deannex, - As a matter of law they hold the proceedings there forty days before they send it back, in case there is an appeal to the Supreme Court. It is requested that the Council go no further; there have been two courts decide against them, and his clients would like to be eliminated from the City. A stipulation has been prepared waiving costs on the appeal. A question has arisen as to who can sign the stipulation, and Mr. Campbell has discussed it with City Attorney Curran and the former City Attorney Edwin Campbell. ATTORNEY CURRAN stated he also discussed this with the former City Attorneys Edwin Campbell, and was advised that if the Council authorized the signing of the stipulation, he would be willing to sign it together with Mr. Curran. Moved by Heck, seconded by Hollingsworth, that a resolution be pre- pared authorizing the City Attorney and the immediate past City Attorney to sign the stipulation. Carried, by the follow- ing vote to -wit: Ayes: Heck; Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Heck, that the City Attorney be directed to prepare an ordinance for the deannexation of Rancho Mesa. Carried; by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Jensen, that the City Planner and City Engineer inTrestligate 1� owner ;hlp Q the property along Raehael Avenue and see if there is a possibility that we might be able to annex a little corridor into the County; also that the area along 30th and 31st Streets be investigated with the idea of annexation. 8/3 32 Carried, all the Council present voting aye. REPORT OF THE PLANNING COMMISSION regarding Application for Conditional Exception No. 497, signed by Lee Sparks and George W. Scott, was presented, relative to a portion of Lot 69 of a portion of Ex Mission Lands of San Diego, commonly known as Horton's Purchase. Petitioners are requesting per- mission to construct a modern trailer park. It was the re- commendation of the Planning Commission that the request be denied. CITY CLERK ALSTON stated on July 30th Mr. Sparks and Mr. Scott filed an appeal. Moved by Hollingsworth, seconded by Jensen, that the City Clerk be directed to publish a notice of a hearing on this appeal for August 17, 1954, at 8:30 P.M. Carried, all the Council present voting aye. REPORT OF THE PLANNING COMMISSION was read, regarding communic- ation from R. L. B. Smith and Wayne W. Smith. The Commission recommended that the Council accept Mr. Smith's proposal for the dedication of the Easterly ten feet of a portion of Harbison Avenue North of 16th Street and the closing of a portion of the Northeast corner of the intersection of 16th Street and Harbison Avenue, with the proviso that the City retain a ten foot property line radius. Moved by Hollingsworth, seconded by Heck, that the recommendation of the Planning Commission be approved. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Heck, that the City Attorney be directed to prepare the necessary docum mts for the proposed street closing at 16th and Harbison. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated in regard to the cost of relocating the line of the California Water & Telephone Company due to the construction of the culvert at 12th and Highland, a meeting was arranged between the City Engineer, City Attorney, the Company's Engineer and their Attorney. It appears that the Company has an agreement with the State Division of Highways whereby the cost should be split fifty-fifty whenever this question arises. Last fall Chula Vista entered into such an agreement. The Company now proposes that such an agreement be made with the City of National City. With reference to this particular culvert, and in order not to hold up any of the details, the City Attorney recommends we agree with the Company as to this one project, that the cost be split fifty- fifty between the City and the Company, and that before the Council takes any action with reference to the agreement such as the State and Chula Vista have, that the Attorney be given an opportunity to study the matter further. Moved by Heck, seconded by Hollingsworth, due to the fact that time is so important, that the City Attorney be instructed to prepare an agreement with the California Water & Telephone Company to assume one-half the cost of moving the water line, and that the City Manager be autnorized and directed to issue an order to the California Water & Telephone Company ordering them to remove their present utilities from the easement. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. CITY ATTORNEY CURRAN reported in regard to the request of the Chamber of Commerce that 25 percent of the license fees be appropriated for promotion and advertising, the question was raised whether the expenditure would be legal. The answer appears to be that the amount which the Council can appropriate cannot exceed five cents per $100.00 of valuation, unless pursuant to a special provision provided a special election 8/3 33 is held which would authorize an additional tax. It appears to the City Attorney it would not be legal to pursue the request of the Chamber of Commerce any further. ATTORNEY CURRAN reported that the Sidewalk License Bond sub- mitted by Virgil 0. Whitsitt satisfies the requirements of the ordinance, and recommends that it be approved by the Council. Moved by Hollingsworth, seconded by Heck, that the bond be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN recommended that the request of Judge Harbison for refund to the County the sum of $112.50 which was erroneous- ly allocated pursuant to the Division of Fees, be made. Moved by Heck, seconded by Hollingsworth, that the recommend- ation of the City Attorney be followed. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN reported that the State Board of Equalization has been notified that the application for a liquor license made by James Toledo is being protested. ATTORNEY CURRAN reported on all of the pending 1911 Act petitions that have not gone beyond the authorization for preparation of a plat, of which there are six or seven. Mrs. Jensen has suggested that before any proceedings are instituted that the petitioner be required to file a certain bond or a certain portion of the estimated cost; so in the event the project is abandoned the City will not assume the expenses involved. The problem has come up that since the petitions are so old whether we should proceed at this time or whether we should have new ones before taking any steps. Also the question has. been raised whether or not the City Engoneer's force should not be augmented rather than having the matter referred to a private engineer. The time has come for a policy to be adopted so we will know how to proceed. COUNCILMAN HECK stated that on "K" Avenue from 18th to 24th, and 20th Street from Highland to "L" the property owners are practically the same as they were when they originally petitioned the Council. Instead of letting the contracts out to a private engineering firm we could establish a policy and utilize the services of our City Engineer and keep the cost down to the very minimum. It is proposed to give the Engineering Dept. another Engineer. COUNCILWOMAN HOLLINGSWORTH asked about the work on 18th Street between Palm and Rachael. ATTORNEY CURRAN stated he is not familiar with this particular project and would have to check the records to get the in- formation necessary. COUNCILMAN HECK stated he believed Mr. Phelps has a contract for 18th Street. COUNCILWOMAN JENSEN said she thought the property owners should have to put up a deposit when they ask for 1911 Act Improvements. COUNCILMAN PARCHEN concurred. Moved by Heck, seconded by Hollingsworth, that the petitions for "K" Avenue between 18th and 24th; and 20th Street from Highland to "L" Avenue under the 1911 Act be continued by this Council, under the engineering of our City Engineer Warwick. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen; Parchen, Hodge. Nays: None. Moved by Heck, seconded by Jensen, that the City Manager contact Mr. Phelps on the possibility of continuing the leg work for 18th Street. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth; Jensen, Parchen; Hodge. Nays: None. COUNCILMAN HECK asked the City Attorney if he thought it would be best to return the other petitions to the property owners for re -circulation. ATTORNEY CURRAN stated he thought 8/3 34 it would be, due to the fact that some are two years old, and perhaps the signatures were secured on the basis that it was not going to cost very much, simply in the interest of orderly procedure and the expenditure of money, time, and effort, we ascertain whether those people really do want to put up the time and money that is necessary. Moved by Heck, seconded by Jensen, that notices be sent to all property owners in the districts concerned, fixing a time and place for an informal meeting with the City Manager and City Engineer to discuss the costs, etc. concerning these petitions. CITY ENGINEER WARWICK suggested that mimeograph forms be made and have them distributed by one man to each of the property owners in the districts. COUNCILMAN HECK stated whatever would be the most feasible method he would favor. Carried, all the Council present voting aye. ATTORNEY CURRAN stated it is his recommendation that each employee in the Police Dept. who is authorized to receive bail money be covered by a surety bond in the sum of $1,000.00. Moved by Hollingsworth, seconded by Jensen, that the surety bond; as recommended by the City Attorney, be secured. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated in a previous meeting we received bids for the improvement of "E" Avenue, at which time the one submitted by Ray's Dump Truck Service was to be approved upon receiving the necessary easement from the owner. The City Manager has advised that we have not received the easement, and the previous authorization should be rescinded. No resolution was submitted, but in order there will be no question in the records, the record should be cleared and ali of the bids rejected. Moved by Heck, seconded by Hollingsworth, that the action taken by the Council to prepare the bids; be rescinded; and that all bids received for the improvement of "E" Avenue be rejected. Carried, by the following vote to - wit: Ayes: Heck,. Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated he had notified the Mayor of San Diego and the Mayor of Coronado of the intention of National City to file a petition with the Court that its boundaries be determined, and he received a reply from Mayor Butler of San Diego acknowledging the letter and expressing the thought that he hopes that the matter can be compromised without the necessity of going through with the hearing on our petition. The petition which was authorized filed was filed yesterday and service was made yesterday on the Mayor of San Diego. The reason for that was that the San Diego City Council has the matter on their agenda this morning, and the City Attorney wanted to make certain that the City of San Diego had legal notice of the filing of the petition. If San Diego, Coronado or anybody else is going to come up with suggestions from time to time, in the interests of 'facilitating mattero so that we will not have to wait for Council action to come to certain informal understanding, we should have a committee appointed so /that if any concrete proposals come up the City Attorney can submit them to the committee and the committee can decide, what, if any; action should be taken by National City in between meetings of the Council. It is the Attorney's re- commendation that a committee be appointed by the Council to act on any matters that come up with reference to the Bay Corridor and with reference to the suit which has been filed to establish the National City boundaries. MAYOR HODGE appointed Councilman Heck as Chairman, Mrs. Hollingsworth and Mrs. Jensen as committee members for the purpose of 8/3 35 negotiating the National City boundaries and all that has to do with the corridor and that particular question. CLAUDE HART, 920 E. 16th Street, was present, and stated he would like the Council to reconsider the application by San Miguel Boys School to move a building to 1430 E. 24th Street. REV. EDWIN 0. ROSSMAESSLER, Acting Head Master of San Miguel School; was present, and stated that additional facilities are needed. C. A. MERDEZ, 1436 E. 24th Street, was present, and stated he lived next door to the property in question and he feels that moving a house onto the property will not be detrimental and that he will be glad to have some of the large trees removed. Moved by Heck; seconded by Hollingsworth, that the action taken by the Council at the Council meeting of July 23, 1954, be rescinded, and that the San Miguel School be granted permission to move the building onto the proposed site. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge, Nays: Jensen, Parchen. COMMUNICATION FROM NATIONAL CITY TAXPAYERS ASSOCIATION, INC., was read, recommending a means of raising the total revenue with a lower tax rate. COUNCILWOMAN HOLLINGSWORTH and COUNCIL- MAN HECK were against an additional sales tax and parking meters. MRS. KODISH was present and asked if the increase in sales tax would not hit a greater number of people than an increase in property taxes. Moved by Hollingsworth, seconded by Heck, that the budget, as corrected, at the meeting of our budget hearing, July 28, 1954, be adopted; and that the Attorney be directed to prepare a resolution adopting the budget. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. RESOLUTION NO. 6227 was read; accepting; approving and ad- opting the budget submitted this date to the City Council for the fiscal year 1954-1955. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Heek, Hollingsworth., Hodge. Nays: Jensen, Parchen. J. P. McCLURE, representing Morris Van Meter, was present requesting the Council to accept Beta Street between "R" and "T" Avenue. COUNCILWOMAN HOLLINGSWORTH stated this matter was discussed at a previous meeting and City Engineer Warwick stated instead of tearing the street up in its entirety it would be better to cap it with anywhere from one-half to an inch of material, and the City Engineer was given permission to work out this difficulty. Is Mr. Van Meter objecting to putting a cap on it? MORRIS VAN METER was present and stated he did not object but you cannot do it satisfactorily. MAYOR HODGE requested this be held over until the next meeting and that the City Engineer be instructed to come up with a written recommendation. Moved by Parchen, that the discussion be continued. Motion died for lack of a second. APPOINTMENT OF CIVIL SERVICE COMMISSION MEMBER was presented. COMMUNICATION FROM THE CIVIL SERVICE COMMISSION was read, re- commending the following: Luther G. Reid, 204 E. 18th Street; Charles M. Meech, 1721 "C" Avenue; Paul Smith, 24 North Drexel; Lloyd A. Clark; 1015 E. 24th Street. MAYOR HODGE ordered this laid over until the next meeting so that the names submitted can be investigated. COMMUNICATION FROM CLARENCE M. SCHELIN was read, thanking the Council for the action taken regarding the proposed "Green River" Ordinance. Also that he be notified if and when any other proposal on the regulation of door to door solicitation 8/3 36 in National City should come before the Council for consider- ation. COMMUNICATION FROM THE CIVIL SERVICE COMMISSION was read, stating the Council is cordially invited to attend any of the regular meetings of the Commission. The regular meetings are held at 7:30 P.M. on the third Wednesday of each month in the office of the City Manager. COMMUNICATION FROM THE CIVIL SERVICE COMMISSION was read, stating they are forwarding a letter from Mr. James Bird regarding courses completed by N. S. Biggs and James Bird. It is their recommendation that a letter of commendation be sent them for their expenditure of time and money in trying to make themselves more valuable to the City. COMMUNICATION FROM JAMES A. BIRD, BUILDING INSPECTOR, was road, regarding the courses of training which he and N. S. Biggs successfully completed. Moved by Hollingsworth, seconded by Parchen, that a letter be written to the employees involved, congratulating them. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY was read. CITY CLERK ALSTON stated at this time leach year it is the City's privilege to elect or not to elect to pay out of the City's fund a portion of the water taxes. We must declare our intention before August 25th. Moved by Hollingsworth, seconded by Heck, that we declare our intention to pay to the San Diego County Water Authority fifty percent of the water taxes, subject to the approval by the City Attorney; and that the Attorney be directed to prepare the necessary resolution. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Margie's Cafe, 1510 Highland Avenue, was presented. POLICE CHIEF SMITH was present and stated their investigation regarding this application has not been completed, but from the information they now have it is believed that the application may be denied by the State Board of Equalization. Moved by Jensen, seconded by Parchen, that the application be protested. Motion lost by the following vote to -wit: Ayes: Jensen, Parchen. Nays: Heck, Hollingsworth, Hodge. CONTRACT BOND OF F. SAN MARTIN & SONS was presented, and City Clerk Alston requested that it be approved by the City Attorney. COMMUNICATION FROM BYRL D. PHELPS regarding Roselawn Avenue, was read. $480.00 is due. CITY ENGINEER WARWICK stated he would like to have the original plans before we }nay Mr. Phelps. Moved by Hollingsworth, seconded by Jensen, that Mr. Phelps be reimbursed the $480.00, as the balance due on Roselawn, after the original plans have been delivered to the City Engineer. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, regarding the appointment of Vice Commander to the National City Disaster Council. COUNCILMAN PARCHEN excused. MR. GAUTEREAUX submitted to the Council for consideration, the following persons to be appointed to the Disaster Council: Vice -Commander, James A. Bird; Transportation, Floyd Finnerty; Warden Chief, Bert Warner, 2845 "K" Avenue; First Deputy Warden, Leo Arnold, 2924 "K" Avenue; Communications, Frederick 8/3 37 Carter; Public Information and Education, Al Graff; Personnel and Administration, Mrs. J. H. Jenkins; Operational Services.: Fire, Chief Clifford Bailey; Law Enforcement and Traffic Control, Chief Harry Smith; Engineering, P. Warwick, City Engineer; Medical and Health, Dr, Manning Clark; Supplies, Mrs. Irene M. Alston. Moved by Heck, seconded by Jensen, that the recommendations of the City Manager for the appoint- ments to the Disaster Council be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. BILLS PRESENTED: General Fund $6,903.41 Traffic Safety Fund 453.15 Park M & I Fund 903.98 TOTAL 0,2b0.54 COUNCILWOMAN HOLLINGSWORTH stated in checking the bills she found one presented by Byrl D. Phelps for plans for Harbison Avenue between Division and 8th Streets, showing a balance due of $224.00 and recommended this bill be withheld until a little further study is given by our City Attorney, and - furthermore when this bill is considered in the future after the recommendation comes in that it be paid only on the basis that the original plans be delivered to the City Engineer. Moved by Hollingsworth, seconded by Heck, that the bill from Byrl D. Phelps, Job No. 2454, in the amount of $224.00 be removed from the payment of the bills. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. Moved by Hollingsworth, seconded by Heck, that the balance of the bills be approved, and warrants ordered drawn for same. Carried, by the follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen. Absent: Parchen. RESOLUTION NO. 6228 was read, authorizing and approving the expenditure of $295.37 to National City Electric Works frorn the Capital Outlay Fund. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen. Absent: Parchen. CITY PLANNER WAGNER stated he presented each of the Council members a copy of the specifications for City Council Chambers, and if the Council approves it the next order of business would be to authorize the advertising for bids for the job. MAYOR HODGE asked Mr. Wagner if the specifications were so complete that each bidder will be bidding on exactly the same thing. CITY PLANNER WAGNER stated the specifications are general in character, with no attempt to make them specific. ATTORNEY CURRAN stated it is necessary for the Council to adopt the wage scale, and we cannot go ahead until it is adopted, as it must be included in the advertisement for bids. You must have plans and specifications approved and adopted and your contract documents before you are ready to advertise for bids. Moved by Heck, seconded by Jensen, that the City Manager, City Engineer, City Planner and the Building Inspector be instructed to prepare the necessary specifications in the proper legal form and present it to the City Attorney prior to the Council meeting of August 17th, at which time the Attorney will return it to the Council for action. Carried; by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. CITY PLANNER WAGNER stated he was requested to investigate a matter at 13th and Cleveland, and has presented both the 8/3 38 Council and the Planning Commission copies of the report in this regard. Paragraph two of the report is in regard to Mr. Frank Sosa who applied for a business license and for a building permit to construct an eight foot high fence. In future zoning of the area, in view of the fact that it appears we do not have any control over U. S. Navy lands with respect to our zoning, it is recommended that we delete reference to it on the zone map, indicate it as un-zoned property, or U. S. Navy property, not under zoning regulations. COUNCILWOMAN HOLLINGSWORTH asked if this means that there was a license issued or permit granted to Mr. Sosa. CHIEF SMITH stated the business license has not been issued as yet. The nature of the business Mr. Sosa contemplates doing in the particular location referred to is that of disposal service. The refuse that he has at 13th and Cleveland will be sorted there with the use of a conveyor belt system that he intends to install in the ground about 3 to 4 feet in depth; the items that he can sell will be selected, loaded into other trucks and hauled to his main location at 1620 Newton Avenue, San Diego, for resale. The contract Mr. Sosa has with the Navy calls for disposal of 110 cubic yards of refuse daily. Mr. Sosa stated he will not sell any items from this location in National City, but everything salable will be taken to San Diego and disposed of. Chief Smith stated that from what they have been able to ascertain to date Mr. Sosa will be operating a legitimate business, but on Navy property. COUNCILWOMAN HOLLINGSWORTH stated that if Mr. Sosa gets the contract from the Navy it specifically states in the contract that before they can grant it to him he must have the permit from National City, or any City that is involved, and that she did not think we should grant it. It is the entrance to our tidelands and our industrial area. Moved by Hollingsworth; seconded by Jensen, that the City Manager be instructed to wire a long detailed telegram to Washington, D. C., to the Navy Dept., with a copy going to Admiral Dyer, Commandant of the Eleventh Naval District, telling the reasons why National City does not want a disposal or salvaging operation at that point. It is on the entrance to our tideland area, and we feel that it will be very damaging to National City. Also that copies of the telegram be mailed to Senator Knbwland, Senator Kuchel, Rep. Wilson, and Rep. Utt. Also that our City employees who are involved in the issuance of licenses, permits, etc. be instructed not to issue anything until we have heard from "other powers that be". Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. CITY MANAGER GAUTEREAUX stated he had a notification from R. A. Rowan Company in regard to a deed to properties on "E" Avenue between 10th and 12th Streets, concerning that portion of the grading now being done, and asked that it be referred to the City Attorney for checking. MAYOR HODGE so ordered. GITY MANAGER GAUTEREAUX stated he had a resolution which wa- roquest,d WV0 the sty regarding money tpetlt, o? to bee erlt or charged to the City, at the rate of 50$ per day in Honor Camps or the County Jail, and asked that the resolution be referred to the City Attorney for his report at the next meeting. CITY MANAGER GAUTEREAUX reported in regard to the 1911 Acts for Roselawn Avenue and Harbison Avenue which pertains to Resolution No. 6052, prohibiting the issuance of permits for the construction of sidewalks, curbs, etc. on Roselawn and also on a portion of Harbison, Division to 8th Street, and 8/3 39 recommended that the City Council take appropriate action to allow the issuance of permits on Harbison between 4th & 8th Streets and Roselawn. Moved by Hollingsworth, seconded by Jensen, tljat the Attorney be authorized to. prepare a resolution removing the restrictions for building sidewalks and curbs on the above mentioned projects. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. CITY MANAGER GAUTEREAUX stated he had a description as sub- mitted by City Engineer Warwick for Palm Valley Park, which he wished to place on file for future action. Moved by Heck, seconded by Jensen, that we dedicate Palm Valley Park in accordance with the legal description as submitted by the City Engineer, and that the City Attorney be instructed to prepare the resolution in accordance with the City Engineer's recommendation that a street be located through the park as required for future planning. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, stating the Park and Recreation Dept. is making plans to terminate the City's summer recreation program with a special day of sports and programs especially designed for the people of National City. The date is set for Friday, August 27th and the place will be Kimball Park, making full use of all facilities including the Bowl area. Council permission is requested in behalf of the National City Recreation Dept., Boys' Little Ball League, to allow them to operate a food and soft drink booth within the park. Any and all monies re- ceived after expenses, shall be spent in favor of the re- creational program, for special equipment prior to August 27, 1955. Accounting for the monies and expenditures shall be authorized by the National City Recreation Committee, who shall report the results of the day's program to the City Council. Moved by Deck, seconded by Hollingsworth, that permission be granted. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. BUILDING INSPECTOR BIRD asked for a ruling on his position in regard to the issuance of permits to Mr. Sosa. ATTORNEY CURRAN stated his understanding is that the former City Attorney ruled that the City has no jurisdiction, and that he is inclined to agree with him. That being the case, the reason for denying a building permit is that you do not have any authority. POLICE CHIEF SMITH also asked for a ruling in regard to the issuance of a business license. ATTORNEY CURRAN stated as long as the only thing Mr. Sosa is seeking license for is something which is within the exclusive jurisdiction of the Federal Government, the same principle applies, and that is the reason. CITY CLERK ALSTON stated the Library and Retirement Funds are in the "red", and the Auditor states that we cannot carry these funds in the "red". Mrs. Alston suggested that the City Attorney be instrucred to prepare a resolution transferring sufficient funds, as a loan, from the General Fund to these funds to operate until our tax money is dis- tributed in December. Moved by Hollingsworth, seconded by Heck, that the City Attorney be directed to prepare a resolution authorizing that funds be transferred from the General Fund to the Library Fund and from the General Fund to the Retirement Fund, as a loan. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. 8/3' 4o Nays: None. Absent: Parchen. CITY ENGINEER WARWICK stated that in order to clarify relationship between our general contractor and the Utilities on the 12th and Highland Avenue Culvert he has an addendum which he would like the Council to approve, and authorize the circulation of it with the specifications. Moved by Heck, seconded by Jensen, that the request be granted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. COUNCILWOMAN JENSEN stated at the budget meeting the ad- visability of amending our Subdivision Ordinance was dis- cussed, whereby the subdividers would absorb the cost of their own street signs, and asked the City Attorney if we could have something prepared along that line, and presented for action. COUNCILMAN HECK stated the Planning Commission is working on a new subdivision ordinance. Moved by Jensen, seconded by Heck, this be referred to the Planning Commission for their recommendation. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Heck, that the meeting be closed. Carried, all the Council present voting aye. MAYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 8/3