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HomeMy WebLinkAbout1960 02-02 CC MIN263 National City, California, February 2, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bailey, Briggs, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Owen, Stockman. The meeting was opened "_ pledge of al_?. ,-_ante to the Flag, fol- lowed with :._avocation by -.Rov :lark. CITY CLERK ALSTON administered the Oath of Office to the newly appointed Councilman, Luther G. Reid, and extended her personal con- gratulations. MAYOR HOLLINGSWORTH and the Councilmen welcomed Mr. Reid and extended their congratulations. Moved by Allen, seconded by Fessman, the minutes of the regular meeting of January 26, 1960, be approved. Carried, all the Council present voting aye. ATTORNEY CURBAN stated at a meeting several weeks ago the City Clerk was directed to file a certified copy of the resolution which ascer- tained the prevailing rate of wages. Inasmuch as there have been new rates fixed in this oommunity and also inasmuch as there is a more comprehensive list which includes all crafts in accordance with the 1959 amendment adopted by the Legislature we should have a new resolution ascertaining prevailing rate of wages; and requested suoh a resolution be read at this time. Moved by Fessman, seconded by Allen, the City Attorney's request for a new resolution to establish per diem wages be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7668 was read, "RESOLUTION ASCERTAINING PREVAILING RATE, OF WAGES." Moved by Hart, seconded by Feseman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7669 was read, accepting two easements from Montgomery Ward & Company, Inc. Moved by Fessman, seconded by Allen, the Reso- lution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7670 was read, approving a lease between City of Yational City and National Lumber Company, and the Mayor is author- ized and directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Councilman Reid abstained from voting. 264 RESOLUTION NO. 7671 was read, "RESOLUTION OF INTENTION TO CHANGE OR MODIFY THE GRADE OF STREETS (8th Street from "L" Avenue to Sanitarium !,venue)." Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. P:SOLUTION NO. 7672 was read, designating and ap pointing Wayne P. Lill, City Engineer, to perform the duties imposed on the Street Superintendent by the Change of Grade Act of 1909 in any and all pro- ceedings brought by this City Council to range or modify the grade of any street in National City pursuant to the provisions of said Change of Grade Act of 1909. Moved by Allen, seconded by Fessman, the Resolution be adopted, Carried, all the Council present voting aye. RESOLUTION NO. 7673 was read, accepting an easement from George and Luella M. Befort; easement from Herbert A. and Hazel M. Anderson. Moved by Fessman, seeoonded by Hart, the Resolution be adopted. Car- ried, all the Council present voting aye. ORDINANCE NO. , pertaining to the markers in subdivisions, was presented for the second and final reading. Moved by Allen, seconded by Hart, the Ordinance be adopted.by title only. Carried, all the Council present voting aye. ORDINANCE NO. 966, "AN ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 803 OF NATIONAL CITY." Moved by Fessman, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Councilman Reid abstained from voting. COUNCILMAN ALLEN asked if there was not a resolution read at the last meeting on which there was a tie vote. MAYOR HOLLINGSWORTH stated she did not know if Councilman Reid would wish to vote on it at this time; it is a resolution to put on the ballot the election of a Mayor. COUNCILMAN HkRT said he also thought the question of the sale of this site to be put on the ballot should be voted on again by the Council due to the tie vote at the last meeting. Moved by Allen, seconded by Hart, the two problems that have received a tie vote be placed on the agenda for the next meeting, and that Mr. Reid, if possible, see the City Attorney or any other person that might be interested in explaining the situation to him, so he will be ready to vote. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from the San Diego County Water Authority dated January 18, 1960 with reference to Resolutions of the Authority Nos. 583 and 584 has been examined. The matter involved problems which have Chiefly to do with outly.nq Tress in 265 the County and it does not appear there is any necessity of the City Council taking any action on the communication, and recommended it be filed. Moved by Hart, seconded by Pessman, the communication from the San Diego County Water Authority be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated following the reference to the Park and Recre- ation Department and the City Attorney of the communication regarding the use of the parks in National City for Little League purposes, a comprehensive report on this subject was made by the City Manager, and in view of the report which setforth all the purposes for which parks were used, there does not appear to be any further action necessary on the part of the City Attorney, unless the Council itself requests further action. Mr. Curran stated he will therefore close his file on this matter if there is no objection. ATTORNEY CURRAN stated with regard to the question as to amending our new zoning ordinance No. 962 in order to permit carnivals temporarily will require action on the part of the Planning Commission and the fixing of hearing dates. It was the City Attorney's recommendation_ this entire matter together with the expressions of opinion which have previously been made by the City Council in this matter be referred to the tlanning Commission. Moved by Hart, seconded by !Alen, the recommendation of the City Attorney that this matter regarding carnivals be referred to the Planning Commission, be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the question as to whether or not the City Council would have the authority to appoint anew Mayor in the event the City of National City should by vote of the electorate adopt the alternative system which would permit the people to elect four City Councilmen and a Mayor rather than five Dity Coun- cilmen, as it now does; the legislation has been examined and the City Attorney finds the act which permits this procedure is silent as to what does happen in the event there is a vacancy either by death or resignation. The section which at the present time permits the City Council to fill vacancies in the office of City Council would not appear to be controlling in the event the City Council :'aould place on the ballot, and the people should by affirmative vote to determine there should be a direct election of the Mayor. There - 'ore, the City Attorney at this time cannot say that the City would not be compelled to hold a special election in order to fill any vacancy which might occur either by death or resignation or other- wise, in the event the people should vote to directly elect the Mayor of this City. COUNCILMAN HART asked if it could not be 2/2/60 266 arranged by resolution, or whatevep is necessary, that in case the Mayor resigned or died, the City Council could go ahead and elect a Mayor the same as they do a Councilman. ATTORNEY CURRAN stated in his research he did not have occasion to consider that question and his immediate reaction is inasmuch as the City Council has only that jurisdiction which the Legislature of the State vests in the City Council, and since this is a special act of the Legislature which permits an alternative method by which the Mayor can be elected by the people rather than by the City Council, and most important because of the fact the legislation which permits the placing of this proposition on the ballot specifically prescribes the language in which it shall be placed before the voters, the City Attorney at this time would be of the opinion that suggested procedure would not be available to the City Council. COUNCILMAN HART stated if that was the case he would not go along with the idea of electing a Mayor as it could put a burden on the City as it might be two or three mayors in four years and it would be very expensive to have to hold special elections to elect a Mayor. COUNCILMAN ALLEN stated he was in accord with Mr. Hart's statement, but he does not think it is the Council's prerogative to tell the people of National amity what they can or cannot do if the people ask to have it put on the ballot. If the people of National City in sufficient numbers write in and request this be placed on the ballot we should do it, if they do not, the thinking no doubt, of the Council members is that it would be a more expensive venture in some cases than it would be profitable. Mr. Allen said he thought it should be carried on the agenda until we find out if the people actually want it put on the ballot, if they do we will, if they do not we will not. COUNCILMAN FESSMLN stated he has been opposed to this from the very conception, and still is opposed. Mr. Fessman said he did not think a City of this size should vote to elect a Mayor, however, it is the prerogative of the people to get anything put on the ballot they want to by certain rules, and nobody has given any indication they desire the Mayor to be elected by the people, or that such a proposition be put on the ballot. HEARING ON ASSESSMENT FOR IMPROVEMENT OF RACHtiEL AVENUE FROM 6th STREET TO 8th STREET was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Allen, seconded by Hart, the hearing be closed and the proper procedure taken to carry on the project. Carried, all the Council present voting aye. 2/?;! 60 267 HEARING ON ZONE CHANGES FOR ANNEXATIONS was held at this time. The annexations for which the zoning was to be established are: Sweet- water Annexation Unit No. 1; Hobson Annexation; and Hynum Annexation No. 2.. CITY CLERK ALSTON stated she received no written protests and there was no one present in this regard. Moved by Allen, sec- onded by Fessman, the hearing be closed and referred to the Attorney for the necessary resolution. Carried, all the Council present vot- ing aye. ORPHA BERGER, 2302 E. 4th Street, was present and read a communication requesting immediate action be taken to rectify the deplorable con- dition of Fourth Street and the property damage which has resulted because of the widening and raising the grade without notice to the property owners on the South side of Fourth Street. Moved by Allen, seconded by Hart, a report regarding this condition existing on E. Fourth Street be brought to the Council by the City Manager and City Engineer at the next meeting. Carried, all the Council present vot- ing aye. CITY CLERK ALSTON requested permission to delay the reading of the bills until after her report. Moved by Allen, seconded by Hart, the reading of the bills be delayed in accordance with the request of the City Clerk. Carried, all the Council present voting aye. CITY CLERK ALSTON stated the City received a claim from Jimmy R. and Elsie M. Everidge on January 27th and it was referred to the City Attorney as per instructions from the Council, and asked that her action be r:tified. Moved by Allen, seconded by Hart, the City Clerk's action in referring the claim to the City Attorney be rati- fied. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the appointment of Chief of Police, before he makes his report, he wished to call the Council's attention to the fact there are present in the audience a number of officials in the law enforcement profession: Chief Jansen of San Diego; Undersheriff Jamison; Capt. Taylor of Chula Vista, and pos- sibly some others who Mr. Bird said he did not recognize, COMMUNICATION FROM CITY MANAGER BIRD was read relative to Chief of Police appointment. Under authority of City Ordinance 885, Section 2, Paragraph 2, and in conformity with Civil Service Commission regulations, he as City Manager has appointed Lieutenant Walter Cagle Chief of Police, effective February 2, 1960. Such appointment will be subject to probation of one year as required by regulations. Approval of the appointment was requested. Moved by Hart, seconded by Fessman, the appointment of Lieutenant Cagle as Chief of Police 2/2/60 268 be approved, effective February 2, 1960, as requested by the City Manager. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Reid, Hollingsworth. Nays: None. CITY MANAGER BIRD requested Acting Chief Owen and Chief Cagle Dome forward. Mr. Bird congratulated Capt. Owen on the fine work he did as Acting Chief and asked that he give his badge to Mayor Hollingsworth MAYOR HOLLINGSWORTH presented the badge of Chief of Police to Chief Cagle and extended her congratulations and best wishes. CHIEF CAGLE stated he wished to thank the Mayor and members of the City Council for their trust in appointing him to this responsible position, and will always do all in his power to maintain the high standards the people of National City have a right to expect. He also wished to thank City Manager Bird for his recommendation, and felt he was very fortunate in having Capt. Owen, as his knowledge of police work will be of great value. COMMUNICATION FROM 0. D. ARNOLD & SONS was read, stating in regard to the block wall fence on the west portion of O. D. Arnold Estates No. 1, stating they would like to appear before the City Council at their meeting of Feb. 2nd to clarify the Planning Commission's inter- pretation in this matter. CITY MANAGER BIRD stated Mr. Arnold, Sr. and Mr. Arnold, Jr. are present today. 0. D. ARNOLD was present and stated he wished to clarify why they had to change the wall from a board fence. They had agreed to put the five foot board fence up before they started grading; after the grading was completed we were about five feet higher than the terrain. The sidewalk on Plaza Blvd. and the sidewalk on 8th Street is practically the same height so if they built a board fence they w ould not be able to get the water out so they put in a block wall in order to run the water on to 8th Street. It was his understanding the Council had instructed the City attorney to prepare a resolution to release the bond and accept the block wall and wondered if this had been done. COUNCILMAN HART stated it was his understanding the board fence was to be erected to keep out the light of cars from showing in people's houses. CITY PLANNER STOCKMAN stated the Planning Commission were not the ones that placed the restrictions on the zone change; it was the establishment of the zoning on O. D. Arnold's Annexation, and it was their contention that no restriction could be placed against a zoning like that. October 1, 1957 the City Council held a hearing on the annexation zoning at which time a motion was passed sustaining the recommendation of the Planning Commission with the exception that it be in a C-2 category instead of 0-3 and the City Manager was authorized to enter into a signed agreement with Mr. Arnold for the construction of a fence to 2/2/60 269 protect the people on Olive Avenue and referred to the minutes. COMMUNICATION FROM 0. D. ARNOLD, dated Sept. 5th, addressed to the Planning Commission, was read which stated they agreed to erect a tight board fence in the rear of the houses along a 30 foot easement. City Planner Stockman stated the motion carried. It was the Council that placed the restriction. Another time a discussion was held, the Council did state that a concrete block fence would be desirable but Mr. Phelps, the Engineer for 0. D. Arnold was opposed to it. MAYOR HOLLINGSWORTH stated it is her recollection the stipulation for this board fence, whether it is board or concrete or block, was stipulated to protect lights in a business area from reflecting into a residen- tial area. They have erected a bloo'k fence and have graded the dirt up to it so it is not going to protect the people in the residential area. After considerable discussion, it was moved by Fessman, sec- onded by Hart, this be laid over for a week and either together, or -;he City Manager take the Council members out to the site and look the situation over so we can intelligently discuss it next week. Uarried, all the Council present voting aye. CITY MANAGER BIRD asked if it would be possible to notify Mr. Arnold when the Council will meet so he can be on the site. It was decided to meet on Friday, February 5th, at 11:00 a.m. COMMUNICATION FROM MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC., was presented, in which they are inquiring regarding their permit. CITY MANAGER BIRD stated in discussing this matter with the City Treasurer in the past they have made a request for the permit and the License C]e rk issues a permit by letter to them for solicitation on their annual muscular dystrophy drive. It was the recommendation of the City Manager the License Clerk be authorized to issue a non fee permit. Mw ed by Fessman, seconded by Hart, the City Manager's recommendation to the License Clerk be approved. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION was read, submitting the following names for the Council's considera- tion to fill the existing vacancy on the Civil Service Commission: Miss Lillian G. Lewis, 425 E. 10th Street; and Mr. Edward Cooke, 1602 E. 4th Street. Moved by Allen, seconded by Hart, Mr. Elzer Harwell be appointed to the Civil, Service Commission. MAYOR HOLLINGSWORTH stated she received a call today from a gentleman who has a name he would like to present for consideration as a member of the Civil Service Commission, so she would like all these to be held up pending other recommendations. Vote taken as follows: Ayes: Allen, Hart. Nays: Fessman, Hollingsworth. Councilman Reid said he would like to see it held up one week. 2/2/60 270 Moved by Allen, seconded by Hart, Ruben Rubio be appointed to fill the existing vacancy on the Planning Commission. MAYOR HOLLINGSWORTH stated the motion is out of order as last week the Council voted to request the Planning Commission to submit three names. CITY PLANNER STOCKMAN stated Ordinance 729 states: "That the Planning Commission of the City of National City is hereby created to consist of seven members to be appointed by the Mayor of said City with the approval of the City Council." COUNCILMAN FESSMAN said in his opinion this motion is out of order. CITY PLANNER STOCKMAN stated she has not overlooked the Council's request and it will be on the agenda for the next Planning Commission meeting. ATTORNEY CURRAN stated the state- ment the City Planner made is only a part of the story; the more important consideration is that the State law itself decides exactly what the City Planner has stated, and that has always been true with _:eference to Planning Commissions. It is one of the situations •, .hich is a little different than most appointments, inasmuch as the appointments, by law, is vested in the Mayor subject to the approval cf the Council. Therefore, if that is not specific enough in the event the motion is not withdrawn it should be disposed of, and then of course there would be the question what, if any, effect such a motion would have. COUNCILMAN ALLEN said he did not intend to with- draw the motion. COUNCILMAN HART said he would not withdraw his second to the motion. MAYOR HOLLINGSWORTH stated she is ignoring the motion. COUNCILMAN ALLEN asked the City Attorney if it is possible a motion an the floor which has been seconded can be ignored by the Chairman. ATTORNEY CURRAN stated one of the first things he dis- cussed with the Council a number of years ago was to determine by what rules the City Council should proceed; at that time the Roberts Rules of Order was adopted, and without reference to those rules he would not be able to answer the question. COMMUNICATION FROM HARRY HAWS was read, stating he is resigning as Poundmaster, effective noon March 21, 1960, which includes 14i days accrued annual leave. His last working day will be February 29, 1960. CITY MANAGER BIRD recommended the resignation be accepted and the Civil Service Commission be notified to call an examination to make available a list for Poundmaster. Moved by Hart, seconded by Fessman, the resignation of Mr. Haws be accepted and the Civil Service Commission be notified, as recommended by the City Manager. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he has the contract from the San Diego Gas & Electric Company for the lighting of Tidelands; this will be for approximately twenty street lights. If accepted by the City 2/2/60 271 Council the cost to the Harbor Fund will be $1,796.64 per tantnzm. It was the City Manager's recommendation the Mayor be authorized to sign the contract. Moved by Fessman, seconded by Allen, the City Manager's recommendation be approved, and the Mayor be authorized to sign the contract for the street lights on the Tidelands area. Carried, all the Council present voting aye. COMMUNICATION FROM FEATHER RIVER PROJECT ASSOCIATION was read, s tat- ing the City's financial support and active participation in policy formulation programs of Feather River Project Association are of great importance now. It was the recommendation of the City Manager the communication be referred to the Finance Committee. Moved by Allen, seconded by Fessman, the communication from Feather River Project Association be referred to the Finance Committee. Carried, =i1 the Council present voting aye. CITY MANAGER BIRD stated he has a transfer of an employee from lark and Recreation Department to the Police Department at the same rate, effective February 5th, and asked for approval which is set forth by rules and regulations of the Civil Service Commission. The employee is Beverly L. Newsham. Moved by Fessman, seconded by Allen the City Manager's recommendation in the matter of Beverly L. Newsham be accepted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has the plans and specifications for the curbing and guttering of Tidelands Avenue, which were prepared by the City Engineer; and recommended the plans be accepted and the City Clerk be authorized to call for bids. Moved by Fessman, sec- onded by Allen, the City Manager's recommendation that the plans and specifications be approved and authorize the City Clerk to call for bids for the construction of curbs on Tidelands Avenue from 19th Street south, be approved, Carried, all the Council present voting aye. ANNUAL REPORT OF NATIONAL CITY MUNICIPAL POOL, LAS PALMAS PARK, was presented. CITY MANAGER BIRD stated it is a complete report as to its activity, costs, the recommendations of the Superintendent, and recommended it be referred to the Finance Committee for study. Moved by Hart, seconded by Alien, the recommendation of the City Manager be approved, and the report referred to the Finance Committee. Car- ried, all the Council present voting aye. CITY MANAGER BIRD presented a report concerning the Community Build- ing rentals. This is a proposal which has been worked out, and is believed to be equitable basically. The report carries a schedule both of the existing rates and proposed rates for rental of the 2/2/60 272 building. The cost of the operation and maintenance for the benefit of the community has now, because of rising costs of materials and labor, gone beyond the point of where we can continue to allow the usage of the Community Building and its facilities at the prices which we are now charging. It was the City Manager's recommendation this be referred to the Finance Committee for study, report and action, because there is a request in regard to per diem rate which we now pay for extra help in the operation of the Community Building. Moved by Fessman, seconded by Hart, this matter of fees for the use of the Community Building be referred to the Finance Committee. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated he has the final report from the Planning Department regarding the San Diego Equipment Company on E. 17th greet East of National Avenue. The City Planner sets forth the -)rovisions under Ordinance 750. Moved by Fessman, seconded by Allen the matter of this apparent violation of our ordinances be referred to the City Attorney with the view in mind that if it is at all pos- sible under the ordinances that are applicable, such as 750, 854 or whatever it might well be, as well as the new ordinance, they might be prosecuted and made to abate that nuisance and clean that area up. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he has repeatedly reported a wrecking, yard between "S" and "T" Avenue, one half block north of 7th Street; and it is still there. Moved by Allen, seconded by Fessman, it be referred to the City Manager to see what can be done about it. Car- ried, all the Council present voting aye. REPORT FROM ROBERT MYERS, FIELD REPRESENTATIVE, was read, relative to raise in trash pickup rate for Lee Brown's Barber Shop at 728 National Avenue. Moved by Fessman, seconded by Hollingsworth, the letter from Mr. Myers, together with the schedule of rates be sent to Mr. Brown as an explanation as to why his rate is $1.50 per month; and the Council has approved the report and the rate will be $1.50. Carried, by the following vote to -wit: Ayes: Fessman, Reid, Hollingsworth. Nays: Allen, Hart. CITY MANAGER BIRD stated with regard to the complaint of Hamel G. Mason and the recommendation of the Traffic Safety Committee regard- ing the 25 mph traffic sign on E. 4th Street, the sign has been removed to an equally desirable location. CITY MANAGER BIRD stated in the matter of the application of the California Water and Telephone Company, the check and the application was made personally to the Company. 2/2/60 273 CITY MANAGER BIRD reported he spent some time talking to Mr. Poulter regarding water. As our agent, under our oontract, Mr. Bird requested of Mr. Poulter certain questions dealing with the impact of the resolution of the Metropolitan Water District, and it is quite enlightening; then the matter was taken up that was referred to Mr. Bird by the Council in relation to the San Diego County Water Author- ity. Basically both the Manager of California Water and Telephone Company, our agent, and Mr. Holmgren, Chie:: Engineer of the County Water Authority, are in accord in most of those things pertinent to the delivery of water in our area. Mr. Bird stated he spent some time with Mr. Holmgren and he explained the cut over situation which was referred to Attorney Curran, and Mr. Curran raised the question by letter and the letter was answered. Basically our contract, as agent, calls for delivery of water in what is known as the upper eaehes of the Sweetwater Lake. What the Board of Directors of the '3ounty Water Authority has decreed has been to give us, the South :Jay Irrigation District and National City, two member agencies, a connection at a different location at the cost of the Authority at no cost to the agents, National City and South Bay Irrigation Dis- trict for a facility which is capable of delivering twice that which the present tube will deliver. Mr. Holmgren apologized for not dealing direct with the City of National City, and realized his error, but in the press of their business, feeling that the Authority was expending $26,000.00 and was giving us twice the capacity, eli- minating the possibility of leakage and evaporation, and also they were the Authority acting in good faith, they felt this was the best thing for National City. Mr. Bird stated that further in his dis- cussion with Mr. Holmgren he pointed out our rights are not jeopar- dized through this new arrangement. CITY MANAGER BIRD recommended no action be taken, and it be filed. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved, that no action be taken and it be filed. Carried, all the Council present voting aye. NOTICE OF MEETING OP SAN DIEGO COUNTY WATER AUTHORITY, Thursday, February 4th at 4:00 p.m., was presented. COMMUNICATION FROM W. J. BRIGGS was read, requesting a variance to make a 30 foot entrance approach on property located at 2313 High- land Avenue to serve as an off street parking lot for the El Juan Cafe. He requested permission to use black top material for the approach, and when Highland Avenue is widened he will construct a permanent approach of concrete, Moved by Allen, it be referred to the Planning Commission. CITY MANAGER BIRD stated the City Ordinance 2/2/60 274 governing driveways requires concrete, the 30 foot limitation is con- trolled by the Ordinance and is allowable, Mr. Briggs is asking to be allowed to put in AC black top for that period of time until High- land Avenue is widened. Motion died for lack of a second. Moved by .Fessman, seconded by Hart, the request for the variance be granted and he construct the driveway with AC material as a temporary measure until the street is widened. Carried, all the Council present voting aye. COUNCILMAN HART excused. COMMUNICATION FROM BRICE SINGLETARY was read, stating on November 20th he deposited $25.00 in lieu of bond for sidewalk and curb work with the City Treasurer; the work has been performed in a satisfactory manner and the $25.00 is now refundable. REPORT FROM ENGINEERING DEPT. stated the sidewalk was put in satisfactorily, and approval of the refund recommended. Moved by Fessman, seconded by Allen, the refund to Mr. Singletary be authorized, upon recommendation of the Oity Engineer. Carried, all the Council present voting aye. COUNCILMAN HART present. CITY CLERK ALSTON stated last week she was directed to write a letter to the San Diego County Water Authority in regard to raise in water rates, and an acknowledgement of the letter has been received from Mr. Holmgren. Mr. Holmgren stated the points raised in the letter will be considered by the Authority Board at a special meeting to be held on February 4th and will be informed of the action taken by the Board at that meeting. Moved by Allen, seconded by Fessman, the letter be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Annual Report of Financial Transac- tions Concerning Streets and Roads of Cities and Counties of Califor- nia for the Fiscal Year 1958-59, and it will be on file in her office. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 26,921.90 Traffic Safety Fund 3,638.83 Park Fund 200.90 Retirement Fund 5,919.62 Harbor Fund 6,516.12 Trust & Agency Fund 25.00 Special Street Fund 21,548.41 Drainage Fund 16,619.59 Park Construction Fund 38.,21 TOTAL $ 79,228.58 Moved by Allen, seconded by Fessman, the bills be approved, and war- rants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Reid, Hollingsworth. Nays: None. 2/2/60 275 RESOLUTION NO. 7674 was read, authorizing the payment of $163.28 from the Capital Outlay Fund to San Diego Fire Equipment Co., Coaster Siren Model #05 GB for Fire Dept. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. CITY ENGINEER LILL reported pavement has been installed in Williams Manor No. 6 Subdivision; grading operations are underway in the National Alward Homes Subdivision which will include a portion of 4th Street; the improvement of 10th Street is under way. CITY ENGINEER LILL stated a petition was received for 1911 Act Improve- ment of 29th Street west of "D" Avenue signed by persons interested n 88% of the frontage of the proposed improvement. It was the :.'„commendation of the City Engineer the petition be accepted and the Loject authorized. Moved by Allen, seconded by Fessman, the recom- mendation of the City Engineer be approved. Carried, all the Council ;;,resent voting aye. COUNCILMAN ALLEN stated he would like to know whether Councilman Reid would like to be appointed to either the Harbor Committee or the Finance Committee, and if he would, Mr. Allen said he would be very happy to resign from whichever Committee Mr. Reid would desire to serve on. COUNCILMAN FESSMAN said he thought the suggestion is a good one and he would welcome Mr. Reid on the Harbor Committee. MAYOR HOLLINGSWORTH stated she thought Councilman Alien has been very valu- able on the Harbor Committee, and stated at the next meeting she will resign from the Harbor Committee and appoint Mr. Reid. Moved by Allen, seconded by Hart, we place on the ballot for the election in April the question, "Do the people of National City wish the City divided into districts for the purpose of electing a Coun- cilman from their own district?" COUNCILMAN FESSMAN stated he was sure if the people of National City wanted this matter on the ballot they would have taken steps, and that is why he would be opposed to it. A City of the size of National City should not have representa- tion from any one district, a Councilman elected to an office in this City should have the interest of the entire City in his mind when he takes the job and it is not beyond the capability of any one indivi- dual to so do, and he did not believe any district Fh ould be formed to elect Councilmen from., MAYOR HOLLINGSWORTH stated she too was opposed to this, and she did not think it was too much to expect any Councilman to represent 35,000 people. Vote taken, as follows: Ayes: Allen, Hart. Nays: Fessman, Hollingsworth. Councilman Reid abstained from voting. COUNCILMAN ALLEN stated he has been informed by his 2/2/ 60 276 Attorney that if he abstained from voting it was taken as a positive vote, and asked if that was correct. ATTORNEY CURRAS stated the question raised as to the two votes this afternoon which were two to two; there have been some cases which were close to that, and he will check that point and report at the next meeting. E. H. ALSDORF, 2105 "J" Avenue, was present and asked if a roll call vote was necessary on the expenditure of money for the lights on the Tidelands. MAYOR HOLLINGSWORTH stated that will be taken care of by resolution. RESOLUTION NO. 7675 was read, "RESOLUTION CONFIRMING ASSESSMENT (Rachael :venue from 6th Street to 8th Street)." Moved by Fessman, ,econded by Allen, the Resolution be ade2ted. Carried, all the , until present voting aye. :Moved by Fessman, seconded by Hart, the meeting be closed. Carried, ^.11 the Council present voting aye. Meeting closed at 3:34 p.m. ,^ P h )4,4,: MAYOR, CIY , CALIFORNIA ATTEST: CITY CLERK 2/2/60