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HomeMy WebLinkAbout1953 10-20 CC MIN71 National City, California, October 20, 1953 Regular meeting of the City Council was called to order by Mayor Sarn at 7:30 P.M. o'clock. Councilmen present: Carrigan, McClure, Parchen, Sarn. Councilmen absent: Campbell. Moved by Carrigan, seconded by McClure, that the reading of the minutes of the regular meeting of October 6, 1953, be dispensed with. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Alston, Campbell. R. B. KEMP, 114 E. 24th Street, was present and asked Attorney Campbell if there was to be any action taken at this meeting regarding the paving of "A" Avenue between 24th and 25th Streets. ATTORNEY CAMPBELL stated there was no hearing set and it was his understanding that there was to be a new petition filed. MR. KEMP stated there was a petition given to Mr. Gautereaux last week asking for curbing and paving only, and it was estimated it would cost approximately $238.00 for a 25 foot lot. ATTORNEY CAMPBELL stated he has not seen the petition. MAYOR SARN requested this be laid over until the next meeting when Mr. Gautereaux will be present. MRS. KODISH, 2107 "A" Avenue, was present and read a per- sonal statement regarding streets in National Vista #1 and National Vista #2 Subdivisions. The report was filed with the City Clerk per request of Mayor Sarn. R. L. PARSONS wqs present in regard to the Southwest turn- pike Coast to Coast Highway. E. P. ANAYA, 45 Harbison Avenue, was present in regard to the Harbison Avenue Improvement. PAUL B. SPEAKE was present in regard to the Harbison Avenue Improvement. HERBERT A. BARNES was present requesting the placing of trash cans in the Community Building. MAYOR SARN called for the hearing on the closing of a portion of Wilson Avenue and a portion of 12th Street. There were no protests from the audience and the Mayor continued the hearing until the next regular meeting. AT THIS TIME MAYOR SARN held the hearing cn annexation of the property of L. E. and Martha Findahl at Division and Laurel Streets. No protests were presented. ORDINANCE NO. for annexation of Moved by Parchen, be read. Carried, Carrigan, McClure, , was presented for the first reading,„ certain property known as Findahl's. seconded by McClure, that only the heading by the following vote to -wit: Ayes: Parche , Sarn. Nays: None. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY, CALIFORNIA OF CERTAIN UNIN- HABITED TERRITORY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED AS FINDAHL'S." Moved by Parchen, seconded by Carrigan, that the Ordinance be laid over for 10/20 72 the second and final reading. Carried, by the following vote to -wit: Ayes: Carrigan, McClure, Parchen, Sarn. Nays: None. CONSTRUCTION OF THE CULVERT at 12th and Highland was again presented. After some discussion it was moved by Parchen, seconded by McClure, that the matter be laid over until the next regular meeting. Carried, all Councilmen present voting aye. APPLICATION OF J. L. KELLER to move a building to rear of property at 1305 E. 20th Street was presented. Moved by Sarn, seconded by Parchen, that the application be granted subject to the posting of $500.00 bond with 90 days to complete and to comply with all laws and Ordinances. Carried, all Council- men present voting aye. APPLICATION OF LOUIS ARCIGA to move a building to 2012 Harding Avenue was presented. Moved by Parchen, seconded by McClure, that the application be granted subject to the posting of $500.00 bond with 90 days to complete and comply with all laws and Ordinancep. Carried, all Councilmen present voting aye. PROGRESS REPORTS for the month of September were presented. Moved by Parchen, seconded by Carrigan, that the reports be filed. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER GAUTEREAUX regarding the appointment of W. M. Bonham as Acting City Engineer, was presented. CITY CLERK ALSTON stated that today she received the resignation of Mr. Bonham, effective Nov. 15th. Mr. Bonham will work until Oct. 31st and then take his vacation from Nov. 1st to 15th. ATTORNEY CAMPBELL stated that whatever action is taken by the Council should be subject to th checking by the Civil Service Personnel Clerk of the earned vacation. Moved by Carrigan, seconded by Parchen, that the resignation be aecepted, subject to the checking as set forth by the City Attorney. Carried, all Councilmen present voting aye. APPLICATION FOR BEER & WINE WHOLESALER'S BEVERAGE LICENSE by Orange Empire Stores, was presented. Moved by Carrigan, seconded by McClure, that the application be filed. Carried, all Councilmen present voting aye. COMMUNICATION FROM LIBRARY BOARD OF TRUSTEES was read, thanking the Council for accepting the bid for the Library and on the selection of Robert Bradt as Architect. The communication was ordered filed. REPORT OF CITY TREASURER for month of September, 1953, was presented and ordered filed. COMMUNICATION FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY was read, regarding an application to construct a spur track across 19th Street to serve the Lyon Van & Storage Company. Moved by Parchen, seconded by McClure, this be referred to the City Manager and City Attorney for their recommendation. Carried, all Councilmen present voting aye. APPLICATION OF ANGEL RUIZ to move a building from 1215 Wilson Avenue to 16th and "C" Avenue, for use as a residence, was presented. REPOET FROM BLDG. INSP. BIRD regarding the condition of the building and his recommendations, was read. Moved by McClure, seconded by Sarn, that permission be granted 10/20 73 to move the building, subject to the recommendations of the Bldg. Insp. and the posting of the required bond and 90 day time limit. Carried, all Councilmen present voting aye. COMMUNICATION FROM AMOS SHOEMAKER regarding the traffic hazard on Sweetwater Road east of Highland Avenue, was presented. MAYOR SARN asked that City Clerk Alston notify Mr. Shoemaker that it is a County road and not within our jurisdiction. COMMUNICATION FROM HART AND SONS was read; requesting permiss e to build a model house in front of 1333 Highland Avenue, set back to be two feet from sidewalk and for display purposes only. ATTORNEY CAMPBELL stated he finds nothing that would prohibit the granting of this request, subject to compliance with all the building regulations. Moved by Parchen._ seconded by McClure, that the request be granted. Carried, all Council- men present voting aye. COMMUNICATION FROM McCUNE MOTORS was read, regarding delinquent payment of City sales tax. A check in the amount of $641.15 and a letter from the City Treasurer, were attached. The City Treasurer's letter states that the sales tax return was post- marked Oct. 1, and therefore they owe $64.12 penalty and $3.21 interest. McCune Motors requested that the Council re- consider this matter as the check was made out on Sept. 30th but inasmuch as all parties concerned who are authorized to sign checks for McCune Motors were out of the City they were unable to mail the check on Sept. 30th as intended. CITY ATTORNEY CAMPBELL stated that the Ordinance does not make provisions for the Council to waive the penalty, it provides only for the City Treasurer, upon proper showing to waive the penalty. COUNCILMAN CARRIGAN stated if the City Treasurer referred back to her records and finds that McCune Motors has always paid on time and this is their first delinquent accounting, then they should be given the benefit of the doubt and the additional penalty waived. MAYOR SARN requested this be referred back to the City Treasurer with the Council's re- commendation that the penalty be waived. COMMUNICATION FROM COUNTY COUNSEL was read, regarding the payment of half of the amount subscribed by the City to oppose telephone rate increases. ATTORNEY CAMPBELL stated we agreed to pay our proportionate share, but not to exceed $200.00. There is no statement as to what the City's proportionate share is, and suggested it be referred to him for checking. MAYOR SARN referred the communication to Attorney Campbell. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $6,194.93 Traffic Safety Fund 833.10 Park M & I Fund 292.80 Retirement Fund 2,691.08 Harbor Fund 12,696.87 Trust & Agency Fund 755.00 Payroll Fund 17,139.23 TOTAL $40,b03.01 Moved by Carrigan, seconded by Parchen, that the bills be allowed, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Carrigan, McClure, Parchen, Sarn. Nays: None. RESOLUTION NO. 6036 was read, that the following Capital expenditure be paid from the Capital Outlay Fund: San Diego 10/20 74 Testing Laboratories, $6.75, sewer. Moved by Parchen, seconded by Carrigan, that the Resolution be adopted. Carried, all Councilmen present voting aye. ANNUAL REPORT OF THE CITY CLERK was presented and ordered filed. CITY CLERK ALSTON stated that there seems to be a mix up on the Park & Recreation Advisory Board. Today she received a letter written to the Advisory Board dated June 26, 1953, from the National School District, which stated they wished to sub- mit the name of Delton Reopelle to serve on the National City Park and Recreation Advisory Board. The Advisory Board called today and wanted to know why they had not received a letter of confirmation. Mr. Reopelle has been serving as a Board member since June. Mrs. Alston stated the Advisory Board made the appointment but it has not been ratified by the Council. Moved by Carrigan, seconded by McClure, that the appointment of Mr. Reopelle be ratified. Carried. all Council- men present voting aye. MRS. ALSTON stated we have the resig- nation of Mr. Shelmerdine but the School District was to come up with a recommendation for an appointment, but to date we have not received it. APPLICATION FOR TAX SALE of Lot 11 in Block 209 by E. B. Ezell, was presented. Mr. Ezell has deposited $4+01.00 as the opening bid. CITY CLERK ALSTON stated it is her recommendation this be referred to the City Manager for an appraisal of the lot. MAYOR SARN requested this be referred to the City Manager for appraisal. COMMUNICATION FROM AMERICAN SURETY COMPANY was read, regarding the Excavation Permit Bond of Henry T. Moss. Effective March 5, 1953, this company executed a Bond in the amount of $1,000.00 in favor of the City of National City. The company wishes to cancel this Bond and hereby serves a notice of cancellation, the same to be effective thirty days from and after receipt of this notice. CITY CLERK ALSTON stated she would like to have this referred to the City Manager and Street Supt. to see if the work has been completed. ATTORNEY CAMPBELL suggested that the Council revoke any outstanding permit issued to Mr. Moss, and therefore if he is through there will be no harm done, but if he is still working he will be working without a permit, which is in violation of the ordinance, and refer it to the City Manager. Moved by Parchen, seconded by McClure, that the permit be revoked and that it be referred to City Manager Gautereaux. Carried, all Councilmen present voting aye. CERTIFICATES OF INSURANCE from C. A. Larsen for Workmen's Compensation and public liability on the Library and Fire Station, were presented, and City Clerk Alston asked that they be checked and approved by the City Attorney. APPLICATION OF MERLE M. COX to move a building; was presented. The building is located on the northeast corner of 7th and Roosevelt and is to be moved to the northwe:3t corner of 7th and Roosevelt, for use as a garage. REPORT FROM DEPUTY BLDG. INSP. was read, regarding the condition of the building; and his recommendations. Moved by Parchen, seconded by McClure, that permission be granted to move the building, with the 90 day time limit, posting of $500.00 bond and that all State, City and County Ordinances be abided by. Carried. all Council- men present voting aye. COMMUNICATION FROM CHIEF SMITH was read, requesting that the 10/20 75 City Clerk be authorized to advertise for bids for one new motorcycle to replace one of the motorcycles now in operation. Moved by McClure, seconded by Parchen, that the request be granted. Carried, all Councilmen present voting ay-. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was real, regarding the request of Ducommun Metals & Supply Company to extend their spur track across l6th Street. Sixteenth Street going west from Wilson Avenue terminates at a point of intersection with the East Railroad property line. A barricade is ereeted on the west side of the alley line between Wilson Avenue and Railroad property line, which prevents use of l6th Street beyond that point. It is the Manager's recommendation that the request be granted for use of this portion cf the street by Ducommun, with the City's right to control and/or terminate use within a reasonable length of time. Mr. Gautereaux does not recommend closing of this portion of 16th Street. Moved by Carrigan, seconded by McClure, this be referred to the City Attorney for the drawing of the proper document to grant per- mission. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, stating that with the resignation of Don Newberry and the leaving of Mr. Dane from our employment, the Engineer's Dept. is in a depleted condition. Mr. Newberry will leave the office after October 20th, at which time he will start his earned vacation due from the past year's work, and same will end November 3, 1953, which is his effective date of resignation. Permission is requested to advertise for a total of three Draftsmen or Engineering Draftsmen as the classification may be deemed advisable. Moved by Carrigan, seconded by Parchen, that the resignation of Don Newberry be accepted, subject to the check- ing of the earned vacation with the Civil Service Personnel Clerk, and that Mr. Newberry be thanked for his past services. Carried, all Councilmen present voting aye. MOVED BY CARRIGAN, seconded by Parchen, that the City Manager be authorized to contact the applicants for the position of City Engineer for an interview, and that the City pay their expenses to come to National City for the interview. COUNCIL- MAN McCLURE suggested that the Council have a meeting soon to decide what to do about a City Engineer. MAYOR SARN questioned paying the expenses of the applicants to come for an interview. COUNCILMAN CARRIGAN stated he assumed that the City Manager would use discretionary powers. Carried, all Councilmen present voting aye. RESIGNATION OF W. J. CROSSLEY, Recreation Leader, effective October 31st, was read. Moved by Parchen, seconded by Carrigan, that the resignation be accepted. Carried, all Councilmen present voting aye. MOVED BY CARRIGAN; seconded by Parchen, that the City Manager be authorized to immed'.ately advertise for a new Recreation Director, and leave the salary open. Carried, all Councilmen present voting are. COMMUNICATION FROM CITY MANAGER GAU EREAJX was read, regarding the Council's request for report on 1E,h Street road conditions. The owners contacted said they would not favor, nor could they stand, a completed street improvement at tnfs time. `2The tem- porary dust and mud control plan as offered by the C__;; j was thoroughly explained; with much interest being Fri -ion, and they considered it ^ea; onable and that they might proved along this line as a temporary means. Also, the City Manager ga'ne'_ 10/20 76 assurance of several property owners willingness to deed for street purposes, as soon as he can give them assistance in preparation of deeds and picking them up. MAYOR SARN ordered the communication filed. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, stating that inasmuch as we have received notice accepting our offer for rental of the Post Office property, Northwest corner of loth and "B", and the notification that the contract will be coming, it is recommended that the Manager be allowed to proceed with the conditioning of the property ready for allocating its use. Estimated cost as calculated by the Street Supt. was $254.14. ATTORNEY CAMPBELL stated the Council could give tentative approval so the City Manager can make preparatory plans, but the money should not be spent until the lease is approved by the Council. Moved by Carrigan, seconded by Parchen, that the letter be held in abeyance and referred to the City Attorney for his recommendations to be attached thereto. Carried, all Councilmen present voting aye. COMMUNCIATION FROM CITY MANAGER GAUTEREAUX was read, regarding recommendations from the Fire Chief concerning needed locations of additional fire hydrants. It is recommended these install- ations be approved by the Council. THE FIRE CHIEF recommends installation of the following fire hydrants: Northeast corner of 47th and Division; Northeast corner of Division and "R" Ave.; Northwest corner of Beta and "T" Ave.; North side of Beta between lots 153 and 154 (property division line); North- west corner of l9th Street and Harrison Ave. At no cost to the City the Fire Chief will ask that the 6 inch hydrant now located directly in front of the El Toyon School, at Division and "T" Ave. be changed to one of the above locations and that a 6 inch hydrant with one 22 inch and one 4 inch outlet be installed in its place. COUNCILMAN CARRIGAN stated that for the past several years we have been installing many fire hydrants and we have not received a single specification from the Water Company.as to the apparent sizes of the lines and the mains in the various locations, as suggested. It would seems that we should have on file and attached to recommendat- ions such as this, from the Water Company, the fact that the water and mains are available and are adequate for the proposed fire hydrants. COUNCILMAN McCLURE stated the Water Company, as a policy, is increasing the size of the mains to 6 inches minimum as rapidly as possible. COUNCILMAN CARRIGAN recommend- ed that this be held over until the next meeting, and that a report be forth coming from either the Fire Chief or the Water Company as to the size of the mains, adequacy of the water and the pressure that is involved in these particular locations. MAYOR SARN requested this matter be taken care of, as suggested. CITY CLERK ALSTON stated she has a copy of a letter from the Office of the Administrator, Housing and Home Finance Agency, sent to A. W. Stephens, which stated that on September 5, 1950, the former Adninistraator Raymond M. Foley reserved $36,820.00 of capital grant funds for the City of National City. This reservation has been cancelled because of the termination of slum clearance and urb m redevelopment activities in National City. However, should the city desire to resume slum clearance and urban redevelopment ac;,ivity at some future date, it may then re -apply for another _ccservation from any remaining un- allocated capital grant r,h_-.ds. MAYOR SARN ordered the communication filed. COMMUILTICATION FROM HOUSING AND HOME FINANCE AGENCY addreilsed to the City Manager, was read. This was to inquire as .o what progress has been made in reaching a mutually satisfac:.;ry 10/20 77 agreement with the Commandant of the Eleventh Naval District on the operation of the Olivewood projects upon Federal re- linquishment and transfer. As soon as they receive a state- ment of the assurances given for the continued defense use of these Lanham Act projects and a statement of concurrence from the Commandant of the Eleventh Naval District in the proposed transfer, they will take immediate action toward authorization for transfers of the projects. ATTORNEY CAMPBELL stated he had a note from Mr. Gautereaux stating that he had heard from Mr. Barrow of the Homsing in San Francisco and that it is necessary for us to put our application in order for two portions of the project which we can apply for at this time. We need to rescind Resolution )61, this will take care of Cal 4462 and Cal 4258. Attorney Campbell stated he ,would like to hold up the passage of this resolution because Resolution 5961 takes in all of the projects, and if that is rescinded it would appear we are rescinding more than .what Mr. Barrow has in his letter. The applications are now in and at least two of them can be processed as soon as the freeze is lifted. The third one on the annexation possibility need not necess- arily be done by January 1, 1954, as there is a six month period of time after the freeze is lifted. Attorney Campbell suggested that this letter and Mr. Gautereaux's note be held over until the next meeting, and that he has a Resolution concerning the first stop of the initiation of proceedings of annexation of the housing west of National. MAYOR SARN re- quested this be held up until the next meeting. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, recommend- ing the rejection of all bids on the street sweeper. Permission is requested to readvertise for bids on this equipment. Moved by Parchen, seconded by McClure, the bids be rejected and permission be granted to readvertise for bids; either on a straight bid or with a trade-in allowance. Carried, all Councilmen present voting aye. COMMUNICATION FROM TOYLAND PARADE was read, inviting National City to participate in their annual Toyland Parade, to be held Sunday afternoon, December 6th. MAYOR SARN requested this be referr$d to the Chamber of Commerce. CITY CLERK ALSTON stated at the last meeting the zoning ordinance which was revised by the Planning Commission was laid over and that she now has some additional copies for those who did not receive any. COUNCILMAN CARRIGAN said he thought it would be well for the members of the Council and the Attorney to study this between now and the next Council meeting and make whatever changes are necessary and adopt it at that time. MAYOR SARN requested this be laid over until the next meeting. CITY CLERK ALSTON stated we have the return of the cards on Harbison Avenue and Roselawn projects. ATTORNEY CAMPBELL stated the cards on Roselawn were 22 in number and 11 were returned, so it will be necessary to adopt the following resolution. RESOLUTION NO. 6037 was read as follows: "The City Council after computation does hereby find, determine and order that owners of more than 15 percent in area. of the property described and setforth in the plat on file in the City Clerk's Office have demanded an investigation proceedings under the SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931."" Moved by Carrigan, seconded by McClure, that the Resolution be adopted. Carried, all Council- 10/20 78 men present voting aye. ATTORNEY CAMPBELL stated on Harbison Avenue project there are 113 parcels and 45 people have demanded an investigation. RESOLUTION NO. 6038 was read as follows: "The City Council, after computation, does hereby find, determine and order that owners of more than 15 percent in area of the property described and setforth in the plat on file in the City Clerk's Office have demanded an investigation proceedings under the "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." Moved by Carrigan, seconded by Parchen, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated that the insurance policies for C. A. Larsen Construction Co. are approved as to form, but that he has not been able to check whether all the sub con- tractors have filed, but the ones presented may be accepted if the Council so desires. Moved by Carrigan, seconded by Parchen, that the policies as presented be accepted as an incomplete return. Carried: all Councilmen present voting aye. RESOLUTION NO. 6039 was read, granting permission and consent to start proceedings to annex the housing which is situated in the County of San Diego. Moved by Parchen, seconded by Carrigan, that the Resolution be adopted. Carried, all Council- men present voting aye. ATTORNEY CAMPBELL stated Mr. Barrow of the Housing questioned whether or not the City had the legal right to purchase housing. There has been a note and a trust deed submitted with payments continuing over a number of years. The note will provide that no expenditure is to be made from the General Fund, however, it does not provide that only income from the project will be used to pay the note. It would seem if that were provided that the note would be legal and could extend over a period of years. Whether or not that can be inserted in the note is still problematical, and the City Attorney has been informed they will not put it out, On a lease contract. However, there is still perhaps a way that it can be done as soon as a more accurate estimate of the cost is presented, and suggested that the City continue negotiating with the express belief that you can enter into the contract. MAYOR SARN requested we follow the Attorney's recommendation and continue to negotiate to obtain the housing. ATTORNEY CAMPBELL stated the Public Utilities Commission has set a hearing to institute proceedings to establish a list of grade crossings of railroads which are urgently in need of improved protection. The hearings are set in San Francisco and Los Angeles. Attorney Campbell stated he did not believe it would be of any value for the City to be represented at the hearings, however the Manager should contact the local railway companies and see what information they have, whether or not there is going to be any grade crossings that might need improvement, or at least being talked about in our area. The 1953 Legislature set up a half million dollars to pay a portion of the cost, which indicates that half of the cost is reimbursable to the City and by implication that the other half would be charged to the City. MAYOR SARN requested this be referred to the City Manager. COUNCILMAN McCLURE stated that our proposed opening of Fourkh Street to Highway 101 would call for the improvement of7railroad crossing. A right 10/20 79 of way is still there but would require improvement. In the transfer of this property to the Navy the streets were trans- ferred but the rights of way for crossing the railroad never were transferred, but are as they always were, and in this case they exist. MAYOR SARN referred this to the City Manager to see if we still have the rights of way going through the property. ATTORNEY CAMPBELL stated the deed which has been submitted by Ava Smith and Donald Smith for acceptance seems to be a deed replacing one which the City has already accepted signed only by Ava Smith, so this would be completing the title by accepting the deed. RESOLUTION NO. 6040 was read, accepting a deed from Ava Smith and Donald Smith for property described in said Resolution. Moved by Parchen, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 6041 was read, authorizing and directing Frank J. Sarn, Mayor, to execute a Notice of Completion for the in- stallation of sewer lines, pumping plant, and appurtenances, lgth and Tidelands, as performed by Pace Construction Company. The City Clerk is authorized and directed to record the same. Moved by Parchen, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL asked that the Service Agreement with Burroughs be laid over until the next meeting as he has been having some difficulty in checking it. MAYOR SARN requested this be held over. ORDINANCE NO. , an ordinance decreasing speed limits on certain streets, was presented for the first reading. Moved by Parchen, seconded by Carrigan, that only the heading be read. Carried, by the following vote to -wit: Ayes: Carrigan, McClure, Parchen, Sarn. Nays: None.. ORDINANCE NO. "AN ORDINANCE OF THE CITY OF NATIONAL CITY DECREASING SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY OF NATIONAL CITY." Moved by Carrigan, seconded by Parchen, that the Ordinance be laid over until the next meeting for the second and final reading. Carried, by the following vote to - wit: Ayes: Carrigan, McClure, Parchen, Sarn. Nays: None. RESOLUTION NO. 6042 was read, ordering and directing that appropriate signs be erected on Palm Avenue between 1st and 18th Streets, thereby establishing a prima facie speed limit of 25 mph thereon. Moved by Parchen, seconded by Carrigan, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated that the garbage contract expires December 31st and it might be well to think about advertising for next year: MAYOR SARN requested this be referred to the City Manager for his recommendation. COUNCILMAN CARRIGAN stated he would like to see in addition to the conventional advertising that the City Manager be instructed to contact all potential garbage pickup men and advise them of the fact that the City is advertising for bids. MAYOR SARN suggested that the City Manager contact other cities, such as Coronado and San Diego, and they might wish to bid on it. RESOLUTION NO. 6043 was read, that the following Capital ex- penditure be paid from the Capital Outlay Fund: Mobilhome 10/20 8o Corp., refund from sewer, $170.00. Moved by Parchen, by McClure, that the Resolution be adopted. Carried, Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Conditional Exception No. 465, signed by Jerry* Harris, relative to the S 4o, N 165' E2 Eu of 10 Acre Lot 4, Quarter Section 154, Rancho de la Nacion. Mr. Harris stated this property was separated in January and that it is impossible to secure a 50 foot frontage since the existing house to the North is only approximately six feet from the property line. Petitioner is requesting a zone variance for relief because of a hardship. It was the recommendation of the Planning Commission that the request be granted. Moved by Carrigan, seconded by Parchen, that the recommendations of the Planning Commission be followed. Carried, all Councilmen present voting aye. APPLICATION FOR CONDITIONAL EXCEPTION No. 466, signed by F. A. Richards, 2016 Lanoitan Ave., relative to Lot 15, Block "B", F. A. Richards Sub., was presented. Petitioner is requesting a zone variance to enable him to convert the existing hobby shop into apartments. This property is located in an R-2 zone and at the present time there is a single dwelling and two apartments existing over the hobby shop. The matter of off street parking was discussed. It was the recommendation of the Planning Commission that the petitioner be granted the privilege to build one apartment in the lower west end of the existing building and retain the hobby shop for garages for off street parking purposes. COUNCILMAN CARRIGAN stated that Commissioner Kodish voted "no" on the request, and asked why. MRS. KODISH, Planning Commission Member, was present and stated her understanding of Ord. 750 is to recommend a con- ditional exception in a hardship case, and the petitioner has two rentals there now, and that she did not feel that the addition of one more apartment in that area, making it into an R-4 zone was a hardship case. He owns adjacent property on which he may build, if he so desires, and still keep it an R-2 zone. If we granted an R-4 usage that would leave it open for anyone else in that neighborhood to ask for the same thing. MAYOR SARN requested this be laid over until the next meeting so that the Council members can look at the property. APPLICATION FOR CONDITIONAL EXCEPTION No. 467, signed by Ethel M. Green, 833 Roosevelt Ave., relative to Lots 8, 9, and 10, Block 15, City Plat, 1435 Roosevelt Ave., was presented. Petitioner is requesting permission to use the existing commercial building for commercial purposes, C-3 usage in an R-4 zone. It was the feeling of the Commission that this request is in accord with the future planning of the property West of National Ave., and recommended the request be granted. Moved by Parchen, seconded by McClure, that the recommendations of the Planning Commission be accepted, and the request granted. Carried, all Councilmen present voting aye. RESOLUTION NO. 6044 was read, granting a special zone variance 4remit to Jerry Harris, reducing the required 50 foot lot to 0 feet on property described as S 40' N 165' E2 E* of 10 Acre Lot 4 in Quarter Section 154, Rancho de la Nacion (1100 Block on "D" Avenue). Moved by Parchen, seconded by McClure, that the Resolution be adopted. Carried, all Council- men present voting aye. RESOLUTION NO. 6045 was read, granting a special zone variance permit to Ethel M. Green for the purpose of C-3 usage in the seconded all 10/20 8i present building on the property described as Lots 8 to 10, inclusive in Block 15, City Plat, being 1435 Roosevelt Avenue. Moved by Parchen, seconded by Carrigan, that the Resolution be adopted. Carried, all Councilmen present voting aye. COUNCILMAN CARRIGAN stated that the Community Bldg. is being used for a number of adult and youth activities and that it is extremely difficult to get a drink of water without going into the kitchen, which is against the rules. Moved by Carrigan, seconded by Parchen; that the City Manager be authorized to advertise for an electric water cooler of adequate capacity to be installed in the lobby of the Community Bldg'. for the use of the people using the building, Carried, all Councilmen present voting aye. COUNCILMAN McCLURE stated he wished to call the Council's attention to the drainage conditions on Paradise Creek, particularly in the area between 22nd and 24th Streets, and between Hoover and Wilson Avenues. The streets in that area, which are dedicated streets, and the drainage channel which has been reserved by the City are all completely blocked by a fence. The rainy season is approaching, and trash, weeds, etc., pushing against the fence will increase the damage up- stream from that condition. Moved by McClure, that the City Attorney be instructed to notify the owner of that fence to vacate the City property, namely the dedicated streets and the flood channels. COUNCILMAN PARCHEN stated he did not think any of the flood channels should be obstructed, but he thinks the situation exists at 16th and National when they had adequate drainage there, that is higher up the stream, and he would hate to see one end done and not the middle also. COUNCILMAN McCLURE stated the proper method of approaching a drainage problem is from the lower end. Any obstruction at 16th Street has nothing to do with one lower down, the lower one in this case will just increase the damage. COUNCILMAN CARRIGAN stated that prior to any drastic action taken by the Council on this matter, that it be referred to the City Manager and City Attorney, and that he believes it can be worked out amicably rather than arbitrar- ily, and that they bring back their recommendations to the Council, prior to any iron -clad commitments by the Council. MAYOR SARN stated he did not think the whole trouble is with the fence. COUNCILMAN CARRIGAN stated there has never been a drainage channel established. We have an easement through there of a 100 foot drainage channel but it is the City's lack of responsibility in telling the man just exactly where that drainage channel exists, and the minute that he finds that out the fill can take place on the east side and have the same con- dition we have on the west side, and a channel adequate to handle any overflow. He is willing to put in the channel if the City will just say where to put it. COUNCILMAN McCLURE stated that the location is very definitely established from the reservation in the deed. COUNCILMAN PARCHEN stated he was in favor of giving the man a chance. MAYOR SARN stated by next Council meeting we should be able to establish a definite location for the channel, and if he does not keep the channel open then the Council can act on it. COUNCILMAN McCLURE stated that was a reservation, it was not an easement and in deeding to Mr. Davis the Ely 100 feet of the two blocks was reserved by the City for a flood channel, and in general the boundaries of a person's property is their own responsibil- ity. MAYOR SARN asked Councilman McClure if he felt that Mr. Davis should locate the channel himself. COUNCILMAN McCLURE said that was correct. He has purchased certain property, the balance is reserved for the City, it is his responsibility to determine his own boundaries. COUNCILMAN CARRIGAN said it 10/20 82 would be a simple matter to furnish him with a map setting forth his own boundaries. COUNCILMAN McCLURE stated the only reason for stating these facts is that he believes the sit- uation is dangerous, the City could be responsible for con- siderable damage under certain conditions. ATTORNEY CAMPBELL asked if the flood channel was put on the reserve area, would that meet the old drainage channel. COUNCILMAN McCLURE stated it would cross the old one, then again there would be -the owner's responsibility if he has obstructed the historic channel, that is a different matter, and it is his belief that the City is not involved. ATTORNEY CAMPBFT,T, stated as he sees this the problem is whether or not Mr. Davis has obstructed the historic drainage area. COUNCILMAN McCLURE stated the only question he is raising is obstructing the dedicated streets and the channel that is reserved by the City for flood purposes. ATTORNEY CAMPBELL asked if the reservation of the 100 feet was a part of the natural channel,; or would it be a diversion of the channel. COUNCILMAN McCLURE stated that approximates the natural channel and does approach the anticipated crossing at 24th Street. The present crossing of the historic channel is inadequate. ATTORNEY CAMPBELL stated he thought a channel should be worked out and provision made to take the water under 24th Street. E. H. ALSDORF was present and stated he was fearful for some of the property owners in case of heavy rains which might flood their property. Motion died for want of a second. Moved by Parchen, seconded by McClure, that the City Manager write a letter to Mr. Davis and his representative stating that he has been directed by the City Council to notify Mr. Davis that a map is in existence which clearly indicates the flood channel and that within a limited number of days Mr. Davis is directed to file a letter with the City Council stating within a limited time his plans to remove all obstacles from this 100 foot channel. Carried, by the follow- ing vote to -wit: Ayes: McClure, Parchen, Sarn. Nays: Carrigan. COUNCILMAN CARRIGAN asked that the City Manager be instructed to direct a letter to the City of San Diego and State Highway Dept. asking that they make known their plans as to the over- pass or cloverleaf where Wabash Avenue crosses Main Street. This is quite important to National City as to what is going to take place there. BERNARD BANKE was present and stated that in the reading of the bills he noticed an item in the Harbor Fund of $12,000.00 and asked what that was for. If it was major improvements to the harbor. CITY CLERK ALSTON stated it was payment of a judgment to Pereira & Luckman. RORFRT GILLS 305 E. 29th Street, was present and stated the Planning Commission told him the matter of the street dedication of 29th Street would be taken up at this meeting. MAYOR SARN stated this was presented at the Oct. 6th meeting. This was held over pending further information from the Engineer's Office and the Fire Chief. MR. GILL stated 40 feet has been deeded on the south bit nothing has been deeded on the north side. The people on the north do not want an 80 foot street as it takes too much off the front of their property. Mr. Gill stated he proposed a 10 foot dedication but the Engineering Dept. re- commended a 20 foot dedication. MAYOR SARN stated we have not received the report from the Engineer's Office and the Fire Chief. ATTORNEY CAMPBELL stated there must be certain findings the Council must make if they cut down the size of the cul-de- sac. They cannot do it on the present recommendations. The 10/20 83 Ordinance requires 100 feet or a 50 foot radius except under very special conditions, and they must have those facts in * •rder to make their findings. So far they do not have any- thing to support any variation. Moved by Parchen; seconded by Carrigan, that the meeting be closed. Carried, all Councilmen present voting aye. MACOR, CITY OF NATIONAL CITY, CALIFORNIA 10/20