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HomeMy WebLinkAbout1950 09-19 CC MIN137 National City, California, September 19, 1950. Regular meeting of the City Council was celled to order by Mayor Clinton D. Matthews at 7:30 P.M. o'clock. Councilman present: Carrigan, Clarke, Curry, Hart, Matthews. Council- men absent: None. Moved by Carrigan, seconded by Hart, that the reeding of the minutes of the regular meeting of September 5, 1950, be dispensed with. Carried, ell Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Sullivan, Werner. Vensant, Geutereaux. BILLS AUDITED by the Finance Committee presented: General Fund $53,291,22 Street Fund 10,506.39 Park M & I Fund 331.10 Library Fund 623.95 Capital Reserve Fund 2,763.10 Community Redevelop. 75,00 Harbor Fund 806.97 Light. Dietz,: #1 32.65 Payroll Fund 334362.36 TOTAL $10:1,794.74 Moved by Curry, seconded by Clarke, that the Gills be allow- ed and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Carrigan, Clarke. Curry. Hart, Matthews. Nays: None. RESOLUTION NO. 5326 was read, authorizing the payment of $2;763.10 from the Capital Reserve Fund as follows: Dictaphone Corp., $1,999.56, Dictephone Eouipmont; Refrig- eration Equip. Co., $447.79, City Hall Remodeling; Estate of Anna R. Owen, S415.75, deposit on purchase of property. 9%19 138 Moved by Hart, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting eye. HERBERT A. BARNES was present and protested regarding the taxpayers having to contribute towards prying the insurance for tha employees. He also asked that be be furnished a list of ell the Insurance Companies with whom the City now carries insurance. MR. BARNES asked that he be given a complete set of the Ordinances of the City, which he asked for sometime ago. MAYOR MATTHEWS said he sa* no objections to giving a set of the Ordinances to Mr.raernes. COUNCILMAN CLARKE said that each member of the Council is not yet in possession of a complete set, but each have a copy of the active ordinances. MR. CLARKE stated that the Council hes no objections to Mr. Barnes receiving a set of the Ordinances. ORDINANCE NO. , en ordinance approving the annexation to National City of "Baddersn was presented for the seoond and final reading. Moved by Carrigan, seconded by Clarke, that only the heading be read. Carried, by the following vote to -wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Neys: None. ORDINANCE NO. 793, AN.ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY, CALIFORNIA, OF CERTAIN UNINHABITED TERRITORY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, DESIGNATED AS "BADDERS". Moved by Carrigan, seconded by Hart, that the Ordinance be adopted. Carried, by the follow- ing vote to.wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. 9/19 139 CITY MANAGER SULLIVAN steted thet in regard to the "Miller- ton" Annexation, the principal property miner requested that letters be sant to each of the property owners, and that they be permitted to reply by mail. Replies have been received from about seventy-five percent of the property owners in fevor of annexation, end there have been no communications in opposition to it. MRS. SULLIVAN stated that nine property owners out of a possible thirteen have replied in fevor and no opposition. so the Council could adopt the Ordlnence, if they so wished, COUNCILMAN CARRIGAN stated that inesmuch es the people have been notified that there would be a meeting on Wednesday night regarding that, that it should be held over until the next meeting. MAYOR MATTHEWS stated that he thought "Millerton" Annexation should be held over end also the other annexations. Moved by Carrigan, seconded by Hart, that the Ordinances on the annexations of Millerton, Sunny Knolls, Logan, Fisher, Palm Valley and Euclid Rancho be laid over until the next regular meeting, October 3, 1950. Carried. all Councilmen present voting aye. COUNCILMAN CARRIGAN stated thet Mayor Metthews and he met with Mr. Sharp in regard to the Sweetwater Fields Annexation and that they did everything in their power to sell him with the idea of annexing to Netionel City. Mat. CARRIGAN said he thought that .in view of Mr. Sharp's objections we should pass up "Sweetwater Fields" Annexation at least until the time that he personally will say thrt it is satisfactory with him. MR. CARRIGDN said he still had hopes thet he would' coma. in. _ATTORNEY WARM_ that the Code provides that O9 140 after the hearing, if there are no protests the Legislative Body must either approve the annexation by Ordinance, or disapprove it. MR. WARNER said ho thought you could prob- ably continue it until some definite date et which time you either take one action or the ether. If you do disapprove the annexation by Ordinence then the Code provides that no proceeding shell be instituted to annex any pert of the proposed territory within twelve months after that time, MAYOR U TTHEWS said that he would prefer to see the Council disapprove this annexation now and then contact Mr. Sharp a year from now. ORDINANCE NO. , an ordinance disapproving the annexation of "Sweetwater Fields" was presented for the first reading. Moved by Curry, seconded by Hart, that only the heading be read. Carried, by the following vote to -wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. ORDINANCE NO. "AN ORDINANCE DISAPP'tOVING THE ANNEX- ATION TO THE CITY OF NATIONAL CITY, CALIFORNIA OF CERTAIN UNINHABIT''D TERRITORY, IN THE COUNTY OP SAN DIEGO, STATE OF CALIt'rnNII., DESIGNPTED AS "SWEETWATER FIELDS". Moved by Curry, seconded by Clarke, that the Ordinance be ]eid over until the next meeting for the second and final reeding, Carried, by the following vcte to -wit: byes: Carrigan, Clarke, Curry, Hart. Matthews. Nays: None. GEORGE A. LAZAR, JR.. Attorney for Mr. Sharp was present and stated that he was authorized by his client to express to the gentlemen of the Council the appreciation of Mr. Sharp and himself for the very courteoUe manner in which they gave 9/19 141 consideration to the problem of the annexation of "Sweetwater Fields". Mr. Lazar stated that Mr. Sharp will be considering the matter, and if it arises again he is sure Mr. Sharp will give it very serious consideration. MAYOR MATTHEWS stated thet on behalf of the Council end himself, he wished to thank both Mr. Lazar end Mr. 3rherp for their kind words. CITY MANAGER SULLIVAN stated thet et the last meeting the tentative map of Hilltop Park was presented. The map did not show definitely that it was within the City limits end not in a proposed annexation. MRS. SULLIVAN stated thet it is within the City limits and has been since 1346. This is on Euclid /venue not far North of Division. Moved by Carrigan, seconded by clerke, thet the Tentetive Map of Hilltop Perk be accepted. Carried, all Councilmen present voting aye.. RESOLUTION NO. 532/ was reed, accepting e Grant Deed for street purposes only from ALFRED R. Sam and ANTONIA C4 WELKER, and authorizing CITY CLERK ALSTON to have same re- corded. moved by Carrigan, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting eye. COUNCILMAN CLERK! asked that es a matter of unfinished business the question of the weekly meetings of the Council be taken care of at this time. COUNCILMAN CARRIGAN suggest• ed that the Council hold a series of adjourned meetings for e month or two and see how it -works out, end If we find out that it is necessary, then make e definite policy. COUNCIL• MAN-CARRIGAN stated that he might also suggest that we have W19 142 an informal meeting on the off night, it might enable the Council to become more familiar with the prosects that are going on. Moved by Hart, seconded by Carrigan, that the Council meet every Tuesday for two months, there being an adtourned meeting on the oft nights, and that the City Attorney be instructed to draw up a suitable Ordinance so that the Council can meet every Tuesday nighto COURC173/A41 CLARKS stated that he had two or three particular reasons why he believed it would be to the benefit of the Council and the community et large to have a definite set day and time for the Council meetings. There has been a let of criticism about the meetings that the Council get together on between our first and third Tuesdays, that he would = like the people of the community to realize that we are not try- ing to hide anything. Mr. Clarke said that'ariother'reason is that he could make arrangements at his work if he knew just when the Council was meeting as he is unable:to arrange his time to meet et "snap' notice. COUNCILMAN-CURRY'ateted that he thought if we had sufficient business to attend -to he would be in favor cf meeting every week. MAtOR'MATTB said that there is a thought on meeting everyctueadey nights thePe'hae been et least one meeting a week, and mostly -two, since we have been on the Council, it is possible that we can declare every Tuesday night offi'oiel Council meeting; and if we find that we ere through by 000 or 8:30 we can schedule other meetings, or-heve'atgeneral'discussion meet- ing. Motion carried, ell Councilmek-present voting RRSOLUTION N0. 5328 wee roed, aceert ing ,a Grant Deed for street purposes only from MAIRIT'J L. C. TI/LKIvS00, and autltor- 9/19 143 izing CITY CLERK ALSTON to have same recorded. Moved by Carrigan, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5329 wee read, accepting a Grant Deed for street purposes only from MARIR L. C. WILKINSON, and authorizing CITY CLERK ALSTON to have same recorded. Moved by Hart, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen present voting eye. RESOLUTION NO. 5330 was read, accepting a Grant Deed for street purposes only from WEST COAST CORPORATION, and authorizing CITY CLERK ALSTON to have flame recorded. Moved by Hart, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5331 was read, accepting a Grant Deed for street purposes only from WBST COAST CORPORATION, end author- izing CITY CLERK ALSTON to have same recorded. Moved by Carrigan, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5332 wee read, accepting a Grent Deed for street purposes only from SHIRLEY L. THOMAS, and authorizing CITY CLERK ALSTON to have Same recorded. Moved by Clarke, seconded by Curry, that the Resolution be adopted. Carried, ell Councilmen present voting eye. RESOLUTION NO. 5333 was read, accepting a Grant Deed for street purposes only from WEST COAST CORPORATION, end authorizing CITY CLERK ALSTON to have same recorded. Moved 9/19 • 144 by Hart, seconded by Clerkes that the Resolution be adopted. Carried, all Councilmen present voting eye, COMMUNICtTION FROM E. H. ALSDORF was read. The letter was in regard to the application for off sale beer and wine license by R. T. Simkins Sr., R. T. Simkins Jr. and Herold C. Simkin. Mr. Alsdorf stated that he was greatly surprised • that the Council passed up the opportunity to request the Board of Eaualiaation to deny this application, as opposing this class of business in such close proxtmity to a church. Mr. Alsdorf asked that the Council reconsider this request. COUNCILMAN HART said he saw no reason to stop one grocery store from selling beer and wine and let the other grocers • sell it. Mr. Hart said if it was a night club he woule feel different; they only buy it at the grocery store and take it home. COUNCILMAN CLLRKE said he could see no harm anyone • buying a few cans of beer, if that is what they want to do. Mr. Clarke said he did not like to see any church telling everybody whet they can do and what they should not do. The • churches ere given every consideration and concession es far as the City is concerned. The storekeepers pay taxes to the City, the people who trade there pay taxes to the City, and • Mr. Clarke said that he would not be in favor of denying anybody who worked hard all day to have his wife bring home a few cans of beer. COUNCILMAN CLAARKE said he would like to know whet the status is es to the license. ATTORNEY WARNER stated that the time for sending in any letter of protest hes already expired, end the recommendation of the Chief of • police was "no recommendation" end you filed the license without protesting. N.GYo_2 MATTHEWS ordered the communication 9/19 • ♦ • r • ♦ 145 filed. COMMUNICATION FROM U. S. NAVAL STATION regarding the matter of control of burning tanks adjacent to Harbor Drive at the Naval Station, was read. The letter stated that the schedule of burning hes been changed to a time that will more positively permit completion of burning during calm. It is planned to plece screens on the burners in the near future. Moved by Hert, seconded by Clarke, that a letter be written expressing the Council's thanks for this action. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION wee reed. At a aeeting of the Planning Commission held Sept. 12th, a hearing was held on Petition No. 371 by w. C. Masser, for a building setback variance and permission to build two duple: M in an R-1-A Zone. There were no protests, The Commission re- commends that the patitlon be granted with a 26.63' dedicat- ion for one-half street end a 10' building setback. A hear- ing was held Sept. 18th on Petition No. 372 by Clarence E. Morris for a store building end cabinet shop in the R-1-A end R-4 Zones adjoining the C-3-A Zone at the Southwest corner of loth Street end Highland Avenue. There were no protests. The Planning Commission recommends that the petition be granted. MAYOR MkTTHEWS brought up the Question of the fifteen day waiting period end stated that he would like to have a meeting with the planning Commission et the first opportunity end discuss with them this matter. MAYOR MATTHEriS said the` he felt it should be cut to et is est ten days, and eiked City Sul; .von if a mt,oting can be 9/19 • • • 146 arranged with the PIanning Commission for October loth. REPORT FROM THE PLANNING COMMISSION was read. A tentative map of Park View Terrace Subdivision was attached, and it is the recommendation of the Planning Commission that the mao be accepted. CITY MANAGER SULLIVAN stated that this is the area immediately adjacent to the City property be- tween Division and 4th Street going towards Harbison. Moved by Clarke, seconded by Curry, that the tentative map of Pcrk View Terrace Subdivision be accepted. Carried, ell Councilmen present voting aye. REPORT FROM THE TRAFFIC SAFETY O03dMISSION was read. The i Traffic Safety Commission recommends that the request of Fuller Motors for diagonal parking be denied. CITY MANAGER SULLIVAN stated that sometime ago the Traffic Safety • Commission had a meeting with all the automobile dealers and there are s number of ;roblems involved♦ During the time that the Traffic Safety Commission was meeting with the dealers, the Manager's Office asked the Police Dept. not to enforce the regulations against angle parking because of the • problems that had been presented. 'MRS. SULLIVAN stated • that there were a number of automobile dealers who have found it difficult tc comply end have wanted to have diagon- al parking permitted on some of the streets, ^articularly in • front of Fuller Motors and McCune Mc4ots end some of the others. MAYOR MArTth'WS stated thrt-he met this afternoon with the Chamber of Commerce Traffic Comhittee end they are • sending a letter reouesting the Council to hire a competent engineer to make a study of the traffic needs and the park- 9/19 • • • • 147 lug needs of National City, and also to make a study of diagonal perking vs. parallel perking. MAYOZ MATTHEWS said that request will come in at the next meeting and he thought it is something we should have some expert advice on, before any action is taken. COUNCILMAN CIJRKE stated that we have en Ordinance which states that it is only legal to park parallel, and if somebody is violating that we are entitled to know why. MR. CLARKE said that he has heard complaints from people in the community about the automobile dealers narking their cars in front of their houses where it is impossible to enter their own property. COUNCILMAN CARRIGAN said that he did not think that the angle perking that Fuller Motors is doing is correct, end that Mr. Fuller realizes it also, his only excuse was that it has been done for a long period of time. MAYOR MATTHEWS stated that he felt that we should treat all the business people alike, we do not allow others to put their merchandise on the side- walk, and we should not allow the automobile dealers to park in parkways and on the sidewalks. CODA*CILrMLN CLARKE said he was in accord with Mayor Matthews. MAYOR MATTHE"S stated that he would suggest that a letter be written to the automobile dealers advising them that the Ordinance will have to be adhered to until we do make a study and get recommendations from the Traffic Commission with some out- si.e help, if they think that it is needed. MRS. SULLIVAN stated that in addition to the automobile dealers we have two other problems with diagonal parking, and she assumed that the Council will wart letters written to those people as well; one is on 7th Streec Test of National Avenue and 9/19 • • • • i • • s i • 148 next to the Doctors' Offices where it would be almost impossible for the people to park parallel, end et that particular location angle parking has continued without tickets being issued. There is one other, that is the Hush Company where trucks not only angle pert but sometime double park snc' there is not much clearance in the street. MRS. SULLIVAN said she would he glad to enforce the Ordinance. She found that it had been a practice end tradition not to enforce them in certain areas end until a study was made, Mrs. Sullivan said she was hesitant to Upset what had bean going on for sometime, MRS. SULLIVAN" said if it hes the Councii's agreement; and the Traffic Safety Commission has recommended that the Ordinance be enforced, we will notify all the people who we know -have been chronic and traditional offenders, end rroceed to enforce the Ordinance. COUNCILMAN CLArtKR stated thet if we permit diagonal parking after we have created a Traffic Commission that recommends against it, whet is the use of the Traffic Commission; and he would also consider hevelg a traffic survey and make it fair for everybody. If it is impossible under certain conditions to park parallel sit it hes been decided so by experts he would be In favor of amending the Ordinance to toke care of everybody in a fair and just way. MAYOR MATTMS stated thet he was in accord with Mr. Clerke and he also stated that there are e number of cities where they use the diagonal parking, end he felt that he would hesitate to make a choice without having a study and recemcozcationF; from a traffic .ngineor. CITY MANADEB SULLI«AN atet.:9 that we will have a Planner 9/19 1 ! 1 • • • is9 coming to work for the City next Monday and normally the traffic study is done with a technical planning staff. It may be possible that the Planner will have time, with some assistance, to make e satisfactory traffic study with- out additional expense•. MRS. SULLIVAN said if it was the Council's desire to get o Traffic Engineer, it would be possible to do so, but it would be quite expensive es there are not very many available. MAYO/ MATTHEWS stated that if the Planner is qualified to do this work, he would certainly be in favor of having him do so. ATTORNEY WARNER stated that regarding the matter of e need for a chauffenrts license referred to him, the Code provides that a chauffeur is a person who is employed by another for the nrincipal purpose of driving a motor vehicle on the highways end receives compensation therefore. ATTORNEY WARNER stated that in regard to the bond on Lct 2, in Block 236, City Plat, he had talked twice on the telephone with the attorneys for the :laintiff in Los Angeles. The law suit involves only a small bond, and the . attorneys for the plaintiff said they would sell out their bond to the City and 'ismiss their law suit for $100.00 which includes the cost which they have expended. ATTORNEY WARN1R stated that It would be his suggestion to the 110 Council that we buy out the plaintiff and compromise the law suit for $100.00. The City owns the tax title, one of the defendants owns a street improvement bond and the i plaintiff owns a street improvement bond, COUNCILMAN CARRIGAN asked if the lot was worth $100.00 end City 9/19 150 Manager Sullivan said that it would be worth at least that much. Moved by Clerke, seconded by Carrigan, thet Attorney Werner be authorized to buy the bond for $100.00 out of the Miscellaneous Fund. Carried, by the following -vote to -wit, lyes: Carrigan, Clarke, Curry, Hert, Matthews. Neys: Nonej ATTOR!E Y WARNER stated that in regerd to the sales tax 111 owed by Hartwell -Skinner. we wrote them that we were preparing a hearing and they heve advised us that they would pay the tex es they did not want a hearing. RESOLUTION NO. 5334 was read, accepting a arrant Deed from the California Water and Telephone Company for Lots 2 to • 8 inclusive in -lock 3, Subdivision of 10 Acre Lot '8, Quarter Section 154 of•Rencho'de la.Neeion, end authorizing the City Clerk to have same recorded. Moved by Carrigan, seconded by Clerke, that the Resolution be adopted. Carried, all Councilmen present voting aye. 1 1 1 1 RESOLUTION NO. 6335 was reed, authorizing the payment of $2,841.78 into escrow as the balance of the purchase price of the property in the estate of Anne R. Owen, also accept- ing the grant deed of W. 0. Owen, es executor of the Last Will and Testament of Anne R. Owen. The City Clerk is authorized to record said deed. M?ved by Cerriganr seconded by Curry, that the Resolution be adopted. Carried. e12 Councilmen present voting aye. RESOLUTION N0: 5338-was read, authorizing -the transfer of ,certain real:property to the• National School District and to receive es -considereui.on theregors csree - eel 9f l9 151 property end cash in the sum of $3,500.00. The Mayor end City Clerk ere authorized to execute the grant deed on behalf of the City of National City transferring the property to the National School District, and that es con- sideration for this transfer end sale, the National School tlstflet shall convey by grant deed certain property be- * longing to the National School District. Doris Sullivan is hereby authorized to enter into escrow on behalf of the City and to sign the necessary documents to carry out the terms of this Resolution. The acceptance of the grant deed conveying the property owned by the National School District is authorized, and the City Clerk is • authorized and directed to record said deed. Moved by Carrigan, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. • COUNCILMAN CLARKE stated that he was heartily in favor of any school proposition, especially in that part of town, due to the fact that there is development taking piece in that pert of the City, there is definitely going to be need of a School for the children, and recreation areas. CImaNAGER SULLIVAN presented the Subdivision Ordinem e and stated that there were one or two items In the proposed Ordinance that were held up, partially on request of the 1 Manager, end the additions suggested by the Manager are written in on the Ordinance. CITY MANAGER SULLIVAN *Red -the attention of the Council to the proposed.rhanges, one of which was the_s-tter of surtat.ing. It is the recommend. ' ation--of Mrs. Sullivan that e 4 inch oil -road mix be used • 152 instead of e 2 inch, with the qualification added to it that less than e 4 inch oil road mix may be approved by the City Council depending upon conditions of the sub grade. MRS. SULLIVAN stated that the changes may he included or deleted, whichever the,Council desires. COUNCILMAN CLIARKE stated that he would like to know about the sub grede end determining the thickness of a street. Mn Clarke stated that he hes seen half inch surface, inch and a half and two inchs and that he heard it said that half ineh surface on a street, providing the sub grade is good end solid, is satisfactory: Mr. Clarke said that he fe$e that it is ah engineering problem. COUNCILMAN CAR2IGAN asked if the Planning Commission had made any further study. CITY MANAGER SULLIVAN stated that the Planning Commission had gone over it, the Ordinance had wide circulation among Utility Companies, Planning Commission, Fire Department and subdividers and a number of people had copies. COUNCIL• MAN CLIRKE said that he is not against this Ordinance, es far es the streets ere concerned the best is none too good. MAYOR MATTHEWS asked if the Subdivision Ordinance was dia- 1, cussed et the meeting of the City Managers. CITY MANAGER SULLIVAN stated that it was end the cstter'of road oil mix was discussed at some lennth. The majority of the cities require 4 inch without -any deviation. Mrs: Sullivan said that the did not believe in this community that that should be a flat requirement without reviewing the soil conditions that might exist; that there is no reason to work a hard- ship on a subdivider in the event that the'street would be satisfactory end acceptable for maintenance purposes et leas 9/19 153 than 4 inches, but as a standard it appears that 4 inches is desirable. MAYOR W TTHEWS asked if any consideration had been given to having sidewalks next to the curbs in new subdivisions. MRS. SULLIVAN stated that there have been several requests from people in the community to require sidewalks. There is a definite feeling on the pert of some of the Planning Commission members and people who heve studied it that they should not be nwnuired. It is not unusual in modern planning to omit sidewalks, and for that reason no recommendation was made concerning sidewalks. COUNCILMAN CLARKE said that we had a problem there, some other cities have both, and some of the best looking subdivisions heve no sidewalks, it is a problem that requires consideration. S. D. LOUCKS, E5E5 National Avenue, was present and stated that the Council does not know the _eople's property rights, that they do not know what an easement is. .Mr. Loucks stated that the law reads: The right to acquire end possess property guaranteed by the Constitution includes the right to dispose of it or any pert of it, and for that purpose to divide it in any possible manner, either by separating it into estates or otherwise, and to dispose of one or more of such estates. It also includes the right to impose upon the grant of such estates any reservations or conditions which the grantor may see fit to place in the grant. The only limitations upon these rights is that they must ¥ tvtafttised in e way not forbidden hbp law. There is nothing in the provisions of the Cede or any statute which purpoats to forbid such reservation". 9/19 • 154 MR. LOUCKS said it was u: to the property owner how they put up a subdivision, with or without improvements, and the Council has nothing to say about it, he did not believe. COUNCILMAN CLAIU(B asked that tho Attorney give a resume of the status of this Ordinance, es for as National City and the Council is concerned. ATTOENEY WARNER stated that this Ordinance status: "Pursuant to the nuthorizstlon eonteined in the Subdivision Map Act of the State of 'California, this Ordinance is adoptod supplemental thereto, and in furtherance thereof, and is to be construed end enforced in connection end in conformity therewith". Attorney wrrner states' that a good many of the things con- tained in the Ordinance are already Stete law. COUNCILMAN CARRIGAN said that it is his antrum that most of the difficulty we are having with the oiled streets is that the sweeper is picking up a lot cf it, and we are depending on the weight of automobiles only to pack the streets, and it is nrt being done properly. Mr. Carrigan said that he would like tc see included in the Ordinance that the street also be rolled with the required amount of weft, in the form cf a roller, to rack end level the streets properly; thot we should do that cn the streets that are being re- conditioned and re-established. In the particular Cane of a subdivision, Mr. Carrigan said he thou3ht it would be good business to see that they are put in well the first time. MR. CAR^.IOLN said he would like to see the City buy a roller necessary to put these streets in properly and stay "put" after they are in. CITY MANAGER SULLIVAN stated that it has not been the practice of the Street 9/19 155 Department to do the rolling, end she hes requested thnt the rolling be done with our 'resent equipment, it probably will not be sufficient, but inasmuch es the streets have 111 not even been rolled with that, Mrs. Sulliven said she felt It should be tried out; end if not satisfactory she would recommend better equipment. wts. SULLIVAN stated that we now •1 hove a roller, but the times that it has been used the drums were not filled with tarter tc make it hervier, nor has it been used on the oil mix. COUNCILMAN CLLRK' stated that the roller the City now has is the smallest one that he has ever seen to roll a street with. CITY MANAGER SULLIVAN stated that the only reason for wanting to try it is that the City of Los Angeles uses the same size roller and have found it more efficient then the Termer one. COUNCILMAN HART stated that he thought we should give this a good tryout before we consider buying another roller as they aro very expensive, and if they use it in Los Angeles he did not see why it would not wcrk hors. MAYOR MRATTHE'9S stated that the Ord- • inenee does not state enythln: about whether or not we ere going to continue the ;rlicy or furnishing the oil in a sub- division. CITY MANAGER SULLIVAN stated that the matter of whether the City is willing to contribute the labor in a subdivision is c matter of policy, end not a matter of law, and that she did not believe it belonged in the Ordinance 111 whether you do or do not. COUNCILMAN CLARK'E asked Attorney Warner whet the status of the oil is. ATTORNEY WL.RNER stated that it is not r 1egel question, it is a matter of policy. The subdivider deeds the street to the City and it becomes City property for street iurroses, just the same as any 9/19 • • 1 p /• i ♦ 156 other person deeding property for street purposes, who ere not subdividers, and the City keeps it up es long as it Continues to use it. That has been the policy in the past but if you want to treet a subdivision differently then the rest, it is possible that it could be done. COUNCILMAN CARRIGAN asked if the Attorney had checked with other cities to see how they have hendled this matter* ATTORNEY W1RN';3R stated that we obtained cosies of Ordinances from a number of the other cities, we called in some subdividers. we sent copies to the Planning Commission and we called in everyone that we thought could a+ve us ideas, we worked on this for months trying to pick out prrts of Ordinances that had been adopted in other cities and recommendations of the Planning Commission, end some of the subdividers suggestions, and all of these we tried to combine when the Ordinance was drawn up, COUNCILMAN CAttRIGAN stated thet the Ordinance states that the subdivider shall surface ell streets. ATTORNEY EARNER S stated that that would indicate the subdivider do the work himself, but it has been the practice in the past for the city to do the work, however that is up to the Council if they wish to change the policy,. COUNCILMAN CURRY said that he did not believe that it has been the practice in the pest for the City to do the grading. COUNCILMAN CURRY said he thought we should consider some other method of doing this street work. as it is difficult to get all the property owners to put up their portion of money necessary to buy • the o11i some have had to :ut up the money for his neighbor and it has not worked out well, COUNCILMAN HART said he felt we should do all we can to encourage the people of • • 9/19 • • 1 p • • ! • i • 157 National City tc build. M1Y02 MATTHEWS Asked City Menager Sullivan if she had coneire'ed any other method for oiling the streets. CITY IL NkG' 2 SIJLLIWN stated that the 1911 !et is the elternato, which involves a :meet many legal sters and is expensive. Thero are a number of cities that do the same kind of operation, and es Mr. Curry rointed out, many times there may be one rroperty owner who cannot or Will not come in and then the others have to make up the amount of money for him in order tc ;*et the street paved, so thet legisletion has been prepared to introduce at the next session which will :omit the oiling of streets to go ahead If seventy-five percent of the property owners agree, and then it will fore the others to contribute. MRS. SULLIVAN said that she did not know whether the legisletion will be favorably received or nnt. MIS. SULLIVAN said that it is her understending that a Bill has been prepared for presentation et the next Legislative Session which would alter the situation in regard to the 1911 uct. Mrs. Sullivan said that the cities in general do not do the paving for new subdivisions. COUNCILMAN CARRIGAN said that on the various subdivisions every other ex'ense that the contractor has is added to the property owners, so that perhaps a little bit more for streets would not hurt him too much, and from that time on the City would take it over. MAYOR MATTff VS stated thet he felt it was satisfactory to accept the Ordinance es it is and not to make it our policy in a new subdivision to use City equipment to do the job. If we are not going to ask for sidewalks, if we are going to install sewers for the subdivider that saves him quite a bit of money and encourages him to build in National City. 9/19 • 1 158 COUNCILMAN HART stated that he did not think that would be treating all the people the a me if that way: done, COUNCIL- MAN CARRIGAN said in a way you are not, you ere not asking the people that have already paid for their street to pay e portion of another stre t. The people that ere on that particular street will pay for their portion when they are purchasing the home. MR. LOUCKS seid that if he is right end this law is still in existence, he has a right to sell a piece of his lend improved or unimproved, end that is what he, is going to do, end that he will look into it thoroughly from now on. COUNCILMAN CLARRE said that es far as the Council is concerned, in Section 8, Paragraph 1. All streets • end alleys or other public ways shall be graded according to plena and profiles approved Di the City Engineer and,City Council, therefore we still have a chance to approve any plans for a subdivision that domes up. ORDINANCE NO. , en ordinance providing regulations for the subdivision of land, wes Presented for the first reading. Moved by Clarke, seconded by Curry, that only the heading be read. Carried, by the following vote to -wit Ayes: Carrigan, Clarke, Curry, Matthews. Nays: Hart, ORDINANCE NO. , "AN ORDINANCE PROVIDING REGULATIONS FOR THE SUBDIVISION OF LAND, FOR THE DEDICATION OF STREETS, AND FOR THE APPROVAL OF MAPS THE*tEOF IN THE CITY OF NATIONAL CITY AND REPIALING ORD INAYCE NO. 550 OF THE ORDINANCES OF THE CITY OF NATIONAL CITY, CALIFORNIA. Moved by Carrigan, IF seconded by Hart, that the Ordinance be leid over until the next meeting, for the second and final reading. Carried, by 9/19 1 159 the following vote to -wit: Lyea: Carrigan, Clarke, Curry, Hart, Matthews. Nays: Nona. CITY MANAGER SULLIVAN stated that the next item on her report is the matter of a tidelands lease. The Time Oil Company wants to lease ground on the tidelands es a standby pending the time that the City may have a deep water channel. They wish to have a permit for two months for'200' x 200', at the rate of $80.00 a month or upon the Payment of $160.00 pending negotiations to permit them to move a tank end in- stall it on Parcel 10 according to Fire Underwriter's standards, COUNCILMAN CARRIGLN asked what the tank is for, CITY MANAGER SULLIVAN stated that the tank is a storage tank 0 for fuel and they anticipate in their lease having space for ap.nrcxiaately four tanks for purposes of supplying oil to vessels and vehicles. CITY MANAGER SULLIVAN stated that what she is requesting of the Council 1s their authorization to issue a permit for two months et $160.0n pending negot- iation of the lease and permission to move their tank (,nto that area. COUNCILMAN CURRY asked whet has been the custom- ary rental for tidelands. CITY MANAGER SULLIVAN said that we have had various rentals, the going rate for industrial property in San Diego is four cents per square foot per year where facilities, utilities and improvements are available` MRS. SULLIVAN said that she would like to recommend to the. Council that the first lease be at half price, or two cents per square foot per year. COUNCILMAN CARR/GAN said he would be in favor of granting the two months lease; it might serve to entice some other industry down there, and that the two cents per square foot is very fair. Moved by Carrigan, 9/19 1 1 r s t 1 1 1 160 seconded by Curry, that a temporary permit be granted to the Time Oil Company, es renommend:id by City Manager Sullivan. Carried, all Councilmen present vct:n3 aye. CITY MANLIER SULLIVLM stated :hot we have one other request on the tidelands. This request 13 from s can who has bought one of the boats in the South Bay Which the U. S. Arcy Engineers have ordered be moved. He estimated the time would be three months. He wants to float the vessel in at high tide et the foot of 24th Street and bring in a crane as he cuts it apart and leek it oh dare at the end of the spur. Ne estimated that he would need 200 lineal feet of the shore. It has been the policy of this Council previously to deny anY salvaging and wrecking and to evict persona from the tidelands in that kind of business because it is unattractive for permanent lease. COUNCILMAN CARMAN asked if he is fin- ancially responsible end could tarnish a cash bond so that at the end of the three months time he would be gone with his wrecking crew and the tidelands cleaned up and left es be found it. CITY MANA027 SULLIVAN said that it could be a basic requirement. COUNCILMAN CARR/GAN asked what the amount of the bond should be. CITY MANAG3R SULLIVLN said she thought it should not be less than 000.00. MAYOR MATTHEWS asked the City Manager if she recommended the lease. CITY MANAGER SULLIVAN said for n throw months period, but not for any longer. Mrs. Sullivan said that she would bring back a definite proposal at the next meeting, CITY MANAGER SULLIVAN stated that the Community Redevelopment Act requires an Ordinance to describe the redevelopment area. 9/19 • lel ORDINANCE NO. , en ordinance designating en eras within the City of Notional City, as a rodevelorment area, was presented for the first reading. The Ordinance was reed in full. Moved by Curry, seconded by Clerks, that the Ord- inance be laid over until the next meeting for the second and final reading. Carried, by the following vote to -wit: 4yes: Carrigan, Clarke, Curry, Hart, Matthews. Nays; None, CITY MANAGER SULLIVAN presented the matter of the Building Code Ordinance. me have adopted the Uniform Building Code by references and the last time that It was adopted was the 1937 edition. Although many believe that by reference the 1949 edition was probably included, Attorney Warner and Mr. Bird hove made a considerable study of it and it would have to be adopted egOin. It is Very important and essential that the 1949 edition he adopted as soon as possible. An Ordinance hes been prepared which will adopt the 1949 edition by reference and includes such other item es have been included lb City Ordinances previously, ATTORNEY WARNER stated that before any action wee taken on the Ord- inance he wished to state that they combined about five other Ordinances into this Ordinance as well as the 1949 Building Code, OFDINANCE'NO► , an ordinance referred to es the Building Code Ordinance was presented for the first reeding. Moved by Curry, seconded by Clarke, thet only the heading be read. Carried, by the following vote to -wit: Ayes: ,Carrigan, Clarke, Curry, Hart, Matthews, Nays: None. ORDINANCE N0. "AN ORDINANCE OF THE:CITY OF NATIONAL CITY, 9/19 • 1 • 1 • N 1 1 182 CALIFORNIA REGULATING THS SRECi'ION, CONSTRUCTION, ENLARGE- MENT, ALTERI:TION, REPAIR, MOVING, 7? MOVLL, DEMOLITION, CONVERSION, OCCUPANCY, E0UTPMENT UES, HEIGUT, AflB , AND MAINTENANCE OF ALL BUT DIRC AIdr 0R STRUCTURES YN THE CITY OF NATIONAL CITY, CALTF'OINYA: PROVIDING FOP T:IE ISSUANCE OF PERMITS AND COLLECTIOA CF FEES Tirnuoa: P"t3VIDING PENALTIES FOR THS VIOLATION THEREOF: DECLLRING _,I.D ESTABLISH- ING FIRE ZONES AND REPELLING, ORDINANCES NOS, 656, 680, 718, 430, and 741 AND ALL OTHIR ORDINANC% AND FARTS OF OEDINANCES IN CONFLICT THEREWITH! Moved '.y Carrigan, seconded by Curry, that the Ordinance be laid over until the next =n- its for the second and final reeding. Carried, by the following vote to -wit; Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. COMMUNICLTICN FROM W. D. BAKER, REAR ADMIRAL, COMMANDANT OF THE ELEVENTH NAVAL DISTRICT, was reed, in• regard to the City4s request of the Nevy for permission to open Fourth St.; Division Street and Vesta Street through Navy owned lands, so that the northerly entrance to National City from the Freeway might be obtained. The letter stated that the open- ing of these streets would create major thoroughfares through the Nevy Housing Projects in this area and establish serious traffic hazards tc the occupants, eslyecially the children. Further, the street opening would destroy the advantegoous residential character of these housing communit- ies! Accordingly, the rroposed opening of these streets is considered undesirable. MAY:R LIATTMrS stated that he would suggest that ahother letter be written to the Navy explaining 9/19 • 1 • i • r 163 the importance to National City for another opening. The Chamber of Commerce sent a letter also end this could follow their letter, and explore all possibilities of further negotiations. CITY MANAGER SULtIVLN stated she would like to know whether the Council feels that it is desirable to concentrate on Fourth' Street, it is the most likely'street to get opened, or whether you want -to still pursue two' Streets. MAYOR MATTHEWS stated that he would suggest that we concentrate on Fourth. CITY MPNAGEA SULLIVAN seid that she will etsrt again on Fourth Street. CITY MANAGER SULLIVAN stated that Engineer McClure has prs- pered en improvement plan for Sewer Job No. 6, which is the zverett Sewer, and this needs to be approved by the Council in preparation of advertising for bids. Moved by Carrigan, seconded by Clarke, that the plans and specifications be approved on Sewer Jcb No. 6, end that it be advertised for bids. Carried, ell Councilmen present voting aye. CITY MANAGER SULLIVAN presented -the plot plan of Sewer Job No. 7, it is en extension of the.sewer system that would connect with the proposed school site on 8th•end Rechel. 'The number of houses (potential) to hook on•to;it, will easily pay for the sewer, and for thet,reeson, We. Sullivan joins with the Engineer inrecoamending thet;this extension be made. Moved by Hart, seconded by Carrigan, that this project be approved, and thtt the City Manager be authorized to advertise for bids. Carried, ell Councilmen present voting aye. CITY MPNAGER SULLIVAN stated that We entered into e standby 9/19 164 agreement with the Electricien et A2.50 ner hour. At the time the agreement was entered into it was anticipated that there would not be as much to do as there is. For the last three months the Electrici..•, hea worked almost full time, and a little bit better. He has been called out four times at night this week. This matter has been discussed with Mr. Davis, the Electrician, and he is willing to go on a monthly rate and take time off for the overtime that he is called out. CITY MANAGER SULLIVAN said there is alba the matter of a carpenter. We are doing a great deal of our own carpenter work, end this would be for such time as we continue to have this much repair end remodelling work. COUNCILMAN CLARKE said that he considered the City fortunate to have two such capable men working for them. COUNCILMAN CURRY asked if the Electrician would be able to take care of the trstfle lights. OITY MANAGER SULLIVAN stated thnt he is doing so now. COUNCILMAN CU?IRY said that et 18th and National Avenue just a short time air the trAffic lights there were out of commission for at le sat two days. CITY a)JAGER'SULLSVAN stated that the light at 18th and National is maintained by the State. COUNCILMAN CURRY stated that the light was'put in jointly with the state. CITY MANAGER SULLIVAN said that as long as It is a State Highway we ere not permitted to do anything about it.' If National Avenue .is-ebendoned bq the State when the Freeway le opened, then it will become vnr responsibility. RESOLUTION —NO. 5337 was read, amending Resolution No. 5266 by adding thereto the fallowing—wsitions-and Salary 9/19 1 1 schedules: Electrician Carpenter 3 4 5 $326 $344 $360 ;$245 $260 $280 165 Moved by Clarke, soeondad by Cerr:gan, that the Resolution be adopted. Carried, ell Councilmen present voting aye. CITY MANAGER SULLIVAN stated that Dr. E. L. Anderson has tendered his resignetion as a member of the Traffic Safety Commission, he is unable to serve. MRS. SULLIVAN thought the Council might wish to keep this in mind until next Tuesday. CITY MANAGER SULLIVAN stated that we have received liter- ature from the State Bar of California on Proposition #3, having to do with the Courts, end Mrs. Sullivan said she wished to cell the Ccunell's attention to it, she has no recommendation to make concerning it, but the proposal on the November ballot for a chance in the Ccurt system which would permit Netional City to have a Municipal Court, would change our present Court system, it would make Judge Herbtaon_ ineligible to serve. We are one of,about six Courts so effected in the State. MRS. SULLIVAN stated that she did not know 1f the Council wished to take any action on it, the State Bar Assn, has sent along a Resolution in the event that you do. COUNCILMAN CARRIGAN asked whet the State Bar recommended. CITY MANAGER SULLIVAN stated that they re- commend "yes". COUNCILMAN CARRIGAN said He would recommend that we vote "no". MAYOR MATTHE'!S ordered the-sommuniaetion filed. 9/19 • 166 COMMUNICATION FROM NATIONAL CITY CHAMBER OF COMMERCE was read. The letter states that the Board of Directors voted unan- imously to urge development of a main highway route from Chula Vista et Third Street thence through Sweetwater Valley, thence through National City vie Highland Avenue t0 Fairmount Avenue, San Diego. The attention of the Council Is respectfully invited. CITY MANAGER SULLNAN stated that the Council has already acted on the matter of connecting Highland Avenue to Fairmount„ but that she did not believe the Council had expressed any opinion about the route.frem Chula.Vista et Third -avenue. MAYOR MATTHEWS stated that the chule,Viste Council is toking care of that.. It is on their agenda for the first part of the year to run Third Avenue, Into Fourth Avenue down through the ehnyon* Moved by Clarke, seconded by Hart& that the Chamber of Commerce be notified of the former action taken by the Council. tarried, all Councilmen present voting ayew COMMONICATICN FROM NATIONAL CITY CHAMBER OF COMMERCE was read, The letter states thet the Board of Directors voted unanimously to urge the Council to authorize,iypening of Division Street into National City from U. S. 99 Freeway, and if the opening of Division Street is not acceptable to the Council, to urge your euthorizetion-for the opening of Fourth Street into National City from U. S. 99 Freeway. Moved by Carrigan, seconded by Clarke, thet the communicat- ion be filed and that the Chamber of Commerce be notified that we have taken action. Carried, ell Councilmen present voting aye. 9/19 a 167 COUNCILMAN CARRIGAN stated thet he understends thet the contractor that painter' the Case de SPlud did that on a cost basis, and asked if that wee correct. CITY MANAGER SULLIVAN said that it wee. COUNCILMAN CARRIGAN stated that he thought he should be written a letter of thanks from this Council for his contribution. CITY MANAGER SULLIVAN * stated that the workers who worked on the painting of the Cass de Salud were importuned by a 92 year old resident across the street for help to paint her house In order to match the new job on the Casa, end she offered to pay them $2.00 a month towards the bill. The workmen were so im- pressed with her request and her eagerness to have her building look as nice es the Case, that they were able to persuade a vendor of paint to donate the paint and they donated their time and painted her house the same as they did the Casa, without charge. COUNCILMAN CARRIGAN said they should be commended for that also. Moved by Carrigan, seconded by Clarke, that a letter of thanks be written to the men who painted the Casa de Sslud and the house across the street. Carried, all Councilmen present voting aye. CITY MANAGER SULLIVAN stated that the David C. Jones, Steel Products Coreny, heve just ".'completed negotiations for 840 W. 24th Street. They plan to go into stee4. fabrication almost immediately. Mr. Jones wee in the office and inquired as to various regulations of the City, and MRS. SULLIVAN stated apparently they are a substantial firm and have been in this kind of business before, so it is another new industry for Netitnal City. 9/19 1 168 COUNCILMAN CURRY stated that he inquired about a contract with the Chamber of Commerce. Cur contract expired in July and at the present time we ere operating without one. MRS. SULLIVAN said that we are not paying any money. MAYOR MATTHE'VS said he believed the Chamber is drewing up a contract now. COUNCILMAN CLIItKE said Mr. Neuharth was present and we might ask him. MIt. NEUHARTH said that the Board of Directors meet Thursday afternoon and it will be brought up then. COUNCILMAN CURRY stated that in regrrd to the drainage problem et 25th end National Avenue, he would like to know whose responsibility it is, the State's or the City's to take care of this, end that some action be taken to correct this condition. Moved by Curry, seconded by Hart, that the City Manager and City Engineer be authorized to make a survey of the drainage pr•.blem at 25th end National Avenue and come in with a recommendetion. COUNCILMAN CURIE stated that he was out there when the place was pretty well covered with water end there was no place for the water to go, and something should be definitely done about the engineering and grading of that section. There was also compleint, Mr. Clarke stated, of people in the Housing Project further South washing their automobiles am these streets that run into fictional Avenue end the water stays on the Rest side of the gutter. Motion carried, ell Ccuncllmen present Voting aye. COUNCILMAN CURRY stated that there seems to be quite a waste of electricity et the tennis courts, inasmuch as the lights are left on night after night when no cno is playing there, 9/19 169 1 and he wondered if something could not be worked out where lights would be available et ell times when people wanted to play there, and at the same time not be on night after 0 night, rain or sou, it looks like a waste of power. MAYOR MA'"THEWS said we might suggest some switches other than the master switch, and to ask the people to turn them off when they are through playing. CITY M_"NAGrR SULLIVAN said if it was suitable to the Council she would be Bled to work out en arrengement whereby there would be a pilot light and some lhkind of a sign so that lights could be switched on. MAYOR MATTHEWS said he thought this would be a very good system. COUNCILMAN CARR'RIGAN stated thet he thought the park should heve mere lights instead of less, there are a lot of lights in one spot but 1f more lights were added it might be possible for the police department to see that the unnecessary lights were turned off at a certain time. COUNCILMAN CL112KE said that he thought this might be teken care of through the Recreation Dept. and anybody who appreciates the opportunity to play on the tennis court, or anywhere else where lights are provided would cooperate by turning out the lights when they ere through, but to be sure thet they ere turned out, P es suggested by Mr. Carrigan, the police on the patrol duty could turn the lights off, MAYOR MATTHEWS asked that this be referred to the Recreation Committee frr recommendation. t Moved by Carrigan, seconded by Clarke, that the meeting be adjoutnod until Tuesdey night, Sept. 26, 1950, at 7:30 P.M. o'clock, Carried, ell Councilmen present voting aye. ATnnTEST: " olio.&, I >it .,, CITY CLERK ill hey MLYCR, CI OF NSTI`NAL CI , C LI ca\ 0,'19