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HomeMy WebLinkAbout1960 02-09 CC MIN277 National City, California., February 9, 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, Easement Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by Eagle Scout Mike Chase, Member of Explorer Post #32, Boy Scouts of America, followed with invocation by Rev. Clark. MAYOR HOLLINGSWORTH thanked Mike Chase for leading the salute to the Flag, which is the 50th anniversary of Boy Scouts. Moved by Hart, seconded by Allen, the minutes of the regular meeting of February 2, 1960, be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN asked that the presentation of resolutionsbe taken up at a later time due to some matters on the agenda. ORDINANCE NO. , "AN ORDINANCE FIXING THE SALARY OF THE CITY CLERK AND THE CITY TREASURER OF NATIONAL CITY," was presented for the first reading, and read in full. SIDEWALK LICENSE BOND from Mid -Century Insurance Company on behalf of Lyle Drager, dba Drager Construction, was presented. ATTORNEY CURRAN recommended the bond be filed. Moved by Easement seconded by Allen, the bond of Lyle Drager be filed. Carried, all the Coun- ^il present voting aye. ATTORNEY CURRAN stated Maryland Casualty Company has issued a new policy of insurance for Western Lumber Company of San Diego, et al, has named National City as an additional insured with reference to a certain portion of the tidelands; andxecommended this copy of the policy be filed. Moved by Fessman, seconded by Allen, the ae py of the policy for Western Lumber Company be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated last week there was served on the Mayor and also on Kenneth Wolff, one of the City employees, a copy of summons and complaint in an action entitled: Emily McWilliams vs City of ?rational City. This suit is brought because of the drowning of the boy in the swimming pool last summer, and it will be handled in the usual course. ATTORNEY CURRAN stated with reference to the problem reported upon to the City Council by the Traffic Safety Committee regarding flashi_.: 2/9/60 278 lights, he is in the same pcsition as the City Manager with refer- ence to the Vehicle Code Sections which were cited by the Traffic afety-Committee. Befor3 proceeding any further with an attempt to solve this problem, it was the recommendation of the City Attorney the matter be referred back to the Traffic Safety Committee with the request they check the Vehicle Code Sections referred to and ascertain what the correct number of the Sections are they had in mind when they took their action on this problem. Moved by Allen, seconded by Hart, the recommendation of the City Attorney with regards to referring the matter of flashing lights and the Sections of the Vehicle Code pertaining to their recommendations to the Council be returned for a clarification as to the numbers, and specifically which code. Carried, all the Council present voting aye. ATTORNEY CURIN stated with reference to receipt of the notice from the County Tax Collector regarding the proposed sale of certain property in National City in Dustin Heights, the City Clerk and the City Attorney have gone into the matter and as a result the people who now hold title to the property are in the process of paying the delinquent taxes due to National City in this matter, therefore there is no further action to be taken by National City. ATTORNEY CURRAN stated in regard to the question as to the effect of the two votes which were taken on motions which received two "ayes", two "noes" and which one member abstained from voting; the ordinary rule which applies with reference to a member abstaining from voting is that if a member desires to defeat a measure he must vote "no", that if the member remains silent in legal effect he consents to the action taken by those that are voting on the measure. Applying that general rule to the two votes which were taken at the last meeting, Attorney Curran said he would like to discuss the riction with reference to placing on the ballot the proposition: "Do the people of National City wish the City divided into districts for the purpose of electing a Councilman from their own district?" The difficulty with this proposition is even if it had received unanimous vote of the City Council the provisions of the law which enabled cities to divide into districts has by its own terms expired, eo any general law city which did not exercise the rightgiven pur- suant to the legislation prior to December 31st, 1956, no longer has the opportunity to divide the city into districts; that dis- hases of any possible question with reference to the vote on the roposition. COUNCILMAN AsLLEN stated in talking with Mr. Hegland h :aid as far as he knew it was possible for the city to do that, 2/9/60 279 although there was a termination date, there has been an extension z;ranted. COUNCILMAN FESSMIN stated he would personally take our own Attorney's opinion in this regard. Moved by Fessman; 8,ecnded by Hart, the matter be dropped as the City Attorney has indicated it should be. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Reid, Hollingsworth. Nays: Allen. JTTORIEY CURRAN stated the second vote was a motion to fill a vac- aioy on the Civil Service Commission. The authority vested in the City Counoil to fill a vae.tancy on the Civil Service Commission is found in Ordinance No. 712, the Ordinance specifically provides that it takes a three -fifths vote of all the members of the City Council to fill a vacancy on the Civil Service Commission. ELZER HARWELL, 841 E. 28th Street, was present and stated his•name was proposed at the last meeting to fill a vacancy on the Civil Service Commission. Mr. Harwell gave a resume of his various exper- iences which he felt qualify him to serve on the Civil Service Com- mission. MRS. DAVID NORMAN, 1515 E. 15th Street, was present and stated the Planning Commission held the second hearing on the resoning of Graham and Bonamo Subdivision, but she does not think the wishes of some of the property owners were fully understood. It was her understanding the Council would grant them some protection with regard to vacant lots. Mrs. Norman asked if it would have to go through two mare hearings if it was referred back to the Planning Commission. CITY PLANNER STOCKMIJ stated the report of the Planning Commission on this particular action will not come before the Counr- cil today, but will be presented next week. Two public hearings have been held by the Planning Commission, and it has been explained it is not the final action; the City Council is bound by State Law 4,o hold another public hearing, and then it is up to the Council to make the final decision. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and stated she wished to publically thank the person who is responsible for the street light at the corner of "N" Avenue and 16th Street; and they would be most grateful if the same person could get a few ihuck holes filled. MAYOR HOLLINGSWORTH said Mrs. Richards could :hank the City Manager. NES. ORPHA BERGER, 2302 E. 4th Street, was present and read a cor- ;2nication relative to the condition of Fourth Street, and because rf the grade of the street water is standing on the lots as their :;_ots were left below street level. 2/9/60 280 EVE F. BISBERG, 1826 E. 8th Street, was present in oppoct..on to Ordinance No. 962. _SEARING ON CLOSING OF CERTAIN STREETS AND ALLEYS was held at this time. The streets and alleys as described in Ordinance No. 964. CITY CLERK ALSTON stated sla received no written protests on the closing of portions of these streets and alleys. E. H. ALSDORF, 2105 "d" Avenue, was present and stated he wished to protest in so far that these closings come under two items, ore is on the west. side of the City and the other in the vicinity where he lives and thought they should be separated before the Council passed on them. Moved by Allen, seconded by Pessman they be separated. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the hearing be closed. Carried, all the Council present voting aye. Moved by Allen, seconded by Fessman, the properties contained within the area where the street closings are between 22nd and 24th Streets and between Hoover and West, and the alleys contained within that block be closed so that sufficient buildings of a commercial size and shape can be put on the property. MAYOR HOLLINGSWORTH asked if the legal description in the motion is correct. CITY PLANNER STOCKMAN stated the request is for the closing of 23rd Street between Hoover and Wilson; Harding from 22nd to 24th Street; Coolidge from 22nd to 24th Street, and all alleys in the area between Hoover and Wilson Avenues between 22nd and 24th Streets. COUNCIL- HAN ALIEN stated that was the property he had in mind. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated Parcel No. 2 is for the closing of "F" Avenue from 18th Street to 24th Street from an 80 foot right of way to a 60 foot right of way. Moved by Fessman, seconded by Hart, "F" Avenue as described, be closed from an 80 foot right of way to a 60 foot right of way, in the area outlined by the City Planner. COUNCILMAN ALLEN said he .ojeoted the street being closed without first having the street in a condition where it can be travelled on. Carried, by the follow- ng vote to -wit: Ayes: Fessman, Hart, Reid, Hollingsworth. Nays: Lllen. COUNCILMAN ALLEN stated the Altrusa Club had invited the Council members to a luncheon and to hear a Dr. from the County; Cleanli- ess and cleaning of the Casa seemed to be his prime factor, and .:ople would like to know what the cost would be. There have been •,me who would like to see the baby clinic continued in National ty. Moved by Allen, seconded by Hart, the City Manager report to "i.e Council what can be done and what it would cost to bring the :•.ing up to standard for use at the present time without completel;; 2/9/60 281 trying to remodel the building, and while we are making plans do something for this group at a different place to make it possible to operate it before the County decides that it is unsanitary and move it out. Carried, all the Council present voting aye. COUN- CILMAN ALLEN stated some lady called him and said at one time they had a sewing class at the Casa and she believes there are twelve sewing machines there, all electric with the exception of tav, and the sewing class is now meeting on someone's front porch, and they would like to move back to the Casa. She stated the reason they moved from the Casa was because there was no one to clean it. Moved by Allen, seconded by Hart, the matter of the sewing machines and the possibility of the ladies moved back into the Casa for the sew- ing class be reported on by the City Manager and Mr. Gautereaux. tarried, all the Council present voting aye. NANCILMAN ALLEN stated he discussed with the City Manager some =nths ago the possibility of the purchase of a new portable burner, a'zd to date he has heard nothing further in this regard. Mr. Allen sci..d he has reoeived a lot of complaints about paper piling up against the fences on the dead end streets on the freeway, and that ha thought a portable burner would be the solution, and the Fire Dept. could spend a couple of hours a day until the place was cleaned u.p. Moved, by Allen, seconded by Hart, the City Manager be instructed o purchase a portable burner. COUNCILMAN HART asked what the cost of such a burner would be. CITY MANAGER BIRD stated the cost of the 'Timer is minimum; the question which is involved here with refer- '::aoe to the freeway is that the State of California is charged with -Lts upkeep, and not the City of National City. Our side of the f nce becomes a different problem, the question of time and labor must be considered. It can be investigated to see whether or not the Fire Dept. can be assigned to a task of that nature. COUNCIL- :▪ .T3 FESSMAN stated the City has an ordinance prohibiting burning and ±sere is also a County Ordinance which prohibits burning; if you to do something to eliminate that trash enforce the law that W ohibits dumping and littering., Carried, by the following vote :o-wit: Ayes: Allen, Hart, Reid, Hollingsworth. Nays: Fessrn n.. N YOR HOLLINGSWORTH announced she was resigning from the Harbor :.amittee and appointed Councilman Luther Reid to take her place on e committee. !,,YOR HOLLINGSWORTH stated Mr. Lloyd Lee of the South Bay Irriga- on District, who is Chairman of that Board, and herself have :J:•:%pointed Mr. Walter Hodge to be the General Chairman of the Aaqui .`ion of the Water Company. 2/9/6:; 1 282 ELECTION OF MAYOR TO BE PUT ON THE BALLOT was presented. Moved by Allen, seconded by Hart, this be placed on the ballot. Motion lost by the following vote to -wit: Ayes: Allen, Hart. Nays: Fessman, Reid, Hollingsworth. TEE QUESTION WHETHER OR NOT THE SALE OF CITY HALL PROPERTY SHOULD BE PUT ON THE BALLOT was presented, Moved by Fessman, seconded by Hollingsworth, the City Manager be instructed tc bring in a feasi- bility report with estimates as to the cost of placing the City Hall on this site. Motion lost, by the following vote to -wit: Ayes: Fessman. Nays: Allen, Hart, Reid, Hollingsworth. Moved by Allen, seconded by Hart, it be put on the ballot to see if the people of the City of National City are willing to sell this piece of property, which is part of the park property, and specifically utate that the funds therefrom to be used, if it was sold, for a 1,ew civic center and in another location. Carried, by the follow- t:n,g vote to -wit: Ayes: Alien, Hart, Reid. Nays: Fessman, _;ollingsworth. THE MATTER OF THE WALL OF O. D. ARNOLD ESTATES was presented. Moved by Allen, seconded by Hart we accept the wall on the Arnold. Estates in the area running north and south on the westerly -side as is, and that me authorize the return of the bonds that are being,held for completion to 0; D. Arnold & Sons. C. L. ARNOLD of 0. D. Arnold °. Sons, was present and stated he talked with Mr. Biggs, Building Inspector, and he stated if we.built a higher fence we would be ,reaking the ordinance. Carried, by the following vote to -wit: :':.yes:, Allen, Hart, Reid, Hollingsworth. Nays. Fessman. APPOINTMENT OF MEMBER ON CIVIL SERVICE COMMISSION was presented. MAYOR HOLLINGSWORTH'stated-'atthe present time we have an election in progress and there have been a number of letters sent in of people who are contemplating running for City Council, and there is not any Commissioner, member who, if appointed, requires many months to really understand all of the things that are going on in the group; and Mayor Hollingsworth said she would much prefer to hold �f voting on this issue at this time; that no action for anyone to appointed until after February 18th, at which time everyone will h,vedeclared themselves as a candidate for the City Council. Moved Allen, seconded by Hart, Mr. Elzer Harwell be appointed to the, Aril Service Commission. Motion lost, by the following vote to -wig -ess , Allen, Hart.. Nays: Fessman, Reid, Hollingsworth. ; S`KERCH, National City's representative on the San Diego COW ter .authority, was present, and stated he wished to report on 'ti 283 meeting we had with the County Water authority list Thursday, Feb- ruary 4th, at which time we voted on a rate increase for Colorado River Water. Mr. Keroh stated his vote happened to be contrary to a letter from the City of National City protesting a rate increase, and wished to state his reason for voting contrary. The Feather River Water is actually our only source for new water for the Sou- thern California area. We at the present time are using twice the allotment from the Colorado River. We have an allotment of 90,000 acre feet and we are using about 144,000 acre feet and our new bar- rel coming in now will allow us something like 2804000 acre feet a year. The Los Angeles area is not using their allocation from the Colorado River Water, we are using their allocation and they could take that away from us. We have a completely different attitude toward paying for water from the Feather River, it is vital to our growth. It was because of this fact and the others brought out in the meeting, that Mr. gerc [ said he voted as he did. Chairman s .ailbron of the County Water Authority hasalways fought against a :ate increase for the Ban Diego area. :actually we use over 30 per- cent of the total water brought from the Colorado River in San Diego. We have hat' more or leas ofa "free ride" at the 'expense of the "taxpayers in the"Los os Angeles area who actually have been paying the bonded indebtedness against -this development of the Metropolitan Water District in bringing'thhe water over. We were`allowed'to use -,rater at a very cheap rate to encourage us to use a, lot of water. a feel it is 'about time we face up to the fact that we can afford pay for "water in the Southern ` California area, that we can sup- _Dort a bond issue of two million dollars to bring the Feather River Water down to the southern parts of the State, that we are not going to ask for a subsidy `fron the people 'in "Northern California to help us import that water." You must remember that Southerland Dam was developed Etta Cost of about $40.00 per acre foot, other dams to be built ' in San Diego County will cost even mare than $40.00 per acre foot. We have been importing water to the -Colorado River authority 'at a figure of $15.06 per acre foot, the balance of " that cost has been made up by a tax rate to -all of Southern California. The 'proposal is that we raise the cost of water from the Colorado alver ovver a three or four year period of tide to a Cost of $22 50; the eame time we do"that we reduce our tax rata against all oParties throughout the County for' the cost of this water. -Our "ghtis with the LOB Angelis Light and Power CoripaiY4 they have en fighting the''bond issue than is coming' up on the ballot this ,avember. It was almost an i'unanimous decision of the ',Board of Dire.- ars of the San Diego County Water Authority that we overruled our 2/9/60 284 Chairman. COUNCILMAN ALLEN asked how the proposition for the Feather River Project look for Southern California. MR. KERCH stated the directors of the Los Angeles Light and Power Company, representing the City of Los Angeles are fighting this deal because they feel that they do not need water right now. We feel we must win them over to our side. MAYOR HOLLINGSWORTH asked why the replenishing water price still remains $12.00 for Los Angeles County. MR. KERCH stated in their letter they recommended thee not be quite the rate differential between what they call under water atorage which is below the level of the land, down actually in the sand of the Loa Angeles and Orange County basin they get their water at $12.00 per acre foot yet when we sold water in the open because we do not have ay underground basin in San Diego we have to pay the regular price water which is $22.00 an acre foot. We are asking this differ- ,tial be eliminated if possible, and are protesting very strongly. -i.etually they feel the cost of bringing water, once you have the .rstem established, is perhaps $8.00 an acre foot. MAYOR HOLLINGS- '),aTH asked what would happen if we had areal wet year and the Oaliforiiia Water and Telephone Company who buys their water whole- sale from us and sells it back retail, elected they did not need very much Colorado River water. MR. KERCH stated then they would not buy it, we would be faced with a higher tax rate. One or two wet years would not really solve the problem, actually we are hoping .?e do not have a wet year this year or we would probably have.the ':,end issue defeated in November, and it is important we get the rnds passed for future growth of the San Diego area. CITY MANAGER 3IRD stated assuming this resolution will be carried, what alloca- tion of water is based on valuation, would this in any way change the formula and freeze our allocation. MR. KERCH stated we are entitled to ning percent of the total water brought from the Colo- rado River, the allocation for water within San Diego County will change as certain areas increase in their valuations and certain areas go down'in valuations. Within San Diego we are changing our allocation of the nine percent from the Colorado River. It has always been the opinion of the Board of Directors of the San Diego County Water Authority to get as much water in use as you possibly can, because through a history of use you can pin down this four .Jllion acre feet from the Colorado River as against Arizona's claim. water they are not using at the present time, they are making _ans for future water from the Colorado River and yet they are not it; we are using our water in Southern California and we are going to get cut back from this million acre feet in all probabilit 2/9/60 285 because there is just not that much water coming down. We are trying to prove a case of actual use of water, we are not talking about twenty, thirty or fifty years from now needing this water, we are 'flying to put it to use right now; and that has been one of the rea- r:ns Los Angeles has been happy to have us use water down here when tliey did not need water. We have used thirty percent of the total , ter from the Colorado River. MAYOR HOLLIIrGSWORTH asked if our allocation will. be less as time goes on. M :. KELCH stated as other areas increase their valuations over our valuations it will increase or decrease. We got out of the dry area in the National City area by becoming a member of the Colorado River water; some people say v.hen you get that allocation why let anybo.y else in on it"; -the card has felt the development of the back count»_y of San Diego was benefit to everyone, if we become a million and.a half development .1,. the San Diego County area, and that can only happen through the -:. -elopment of dry land in the back country. There is a tremendous Ligation project going in around Escondido and Vista, it is an f:icultural allocation and it can be cut off in case of a drought. We, as a City have priority over agricultural. MAYOR HOLLINGSWORTH thanked Mr. Keroh for his report. VIC. EUBAN"KS, 2210 National Avenue. was present and stated he was a former employee of the Department of Water in Los Angeles, and he thought there is sufficient water in the northern part of the state to take care of the needs for the southern part of the state. CITY CLERK ALSTON presented a verified claim against the City by :.inda Sue Belcher and Inez: Belcher, a copy of which was referred to the City Attorney, and asked the action be ratified by the Council. Moved by Fessman, seconded by Allen, the City Clerkts action in referring the Belcher matter to the City Attorney be approved. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated with regard to the claim of Lewis Vaughn against the City of National City in the sum of $19,500, in relation to the improvement of 18th Street, he asked that the City. Attorney be permitted to make a report and then he will make his recommenda- tion. ATTORNEY CURRAN stated a portion of the claim was eliminated Then the Superior Court sustained a demurrer of the City Attorney the complaint; the complaint was amended and set for trial. The ter has now been resolved; there are other defendants, including contract and the Engineer of Work. The plaintiffs are now accept the sum of S300.00 in full settlement of all claims, and Jiommended the offer be accepted and the warrant in the sum of $300:: ...Ade payable to Lewis W. Vaughn and Mary M. Vaughn be ordered drawn 2/9/60 286 in order to affect this settlement. Moved by Allen, seconded by Hart, a warrant for the sum of $300.00 be drawn to Mr. and Mrs. Vughn for settlement of the claim against the City for E. 18th Street on the 1911 Act be surrendered for the necessary releases, as _'eoommended by the City Attorney. COUNCILMAN FESSMAN stated he wuld like to hear the recommendation of the City Manager. CITY MANAGER BIRD stated his recommendation woul6 have been concurrence r� the report of the City Attorney and the ,attlement of the case. Carried, by the following vote to -wit: AyeL: i.J1en Fessman, Hart, A:eid, Hollingsworth. Nays: None. COMMUNICATION FROM COUNTY COORDINATION COMMITTEE of the San Diego Thuanty Chapter, American Red Cross, wac rear; inviting the Council view their recently opened South Bay Regional office on Thursday, ',:ruary llth from 4:00 to 5:30 p.m. at 710 E. 1€ h Street, National ,y. The purpose of this office is to facilitate all Red Cross vices in the area. 4MUNICATION FROM LUTHEA G. REID was read, requesting his resigna- •ion as Chairman of the Civil Service Commission be accepted in order that he may accept a position on the City Council. Moved by Hart, seconded by Fessman, the resignation of Luther G. Reid, Chair- man of the Civil Service Commission, be accepted.. Carried, all the Council present voting aye. COM WTIO TION FROM STi,NDLEE MoMAINS, Mayor of City of Chula Vista, was read, asking the City of National City for the consideration of sewer agreement for the lands in Sweetwater Valley. At the pres- ent time there is property in the Highland Avenue Annexation that is deprived of sewer service because of annexation procedure, how- ever the annexation is held up for court action and it could be a considerable time before a ruling could be handed down by the Court which would determine the jurisdiction in which the property belongs. CITY MANAGER BIRD recommended the communication be referred to the Finance Committee for two reasons: one, this case is in court at the present time, and has not been adjudicated in relation to the property which has been s;vered from connection to the City of rational City sewer; second, he is looking forward to perhaps this City and the City of Chula Vista again enjoying amicable relation - 'lip in the settlement of mutual problems. Moved by Fessman, sec- ::fied by Hart, the matter read in the letter from Mr. MoMains, Mayor Chula Vista, be referred to the Finance Committee for its recom- .udation and report. Carried, all the Council present voting aye. 2/9/60 287 APPLICATION FOR TRANSFER OF ON SALE GENERAL BEVERAGE LICENSE by Club Melody, 804 National Avenue, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation disclosed no grounds for protest. Moved by Allen, seconded by Hart, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Thrift -Way Food Center #2, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation disclosed no grounds f^r protest of the Dplication. Moved by Hart, seconded by Allen, t',3 application be `:led. Carried, all the Council present voting aye. .1PPLICATION FOR TRANSFER OF ON SALE BEER BETLRi.GE LICENSE by Town b Cafe, 15 W. 8th Street, was presented. REPORT FROM POLICE CHIEF '_ILE stated investigation disclosed no grounds for protest. Moved Hart, seconded by Allen, the application be filed. Carried, all Council present voting aye. MANAGER BIRD reported there will be a Traffic Safety Committee Ring February l0th at 9:30 a.m. in the Police Officer's squad room. COUNCILMAN ALIEN stated that is a very nice room to be used for a number of things, but we should have some folding chairs, which probably could be brought over from the Community Bldg. COMMUNICATION FROM NATIONAL CITY LIONS CLUB was read, requesting use of Kimball Park on July 3rd and 4th for their annual Fourth of July Celebration, They plan to have a fireworks display on the night of the 4th, and ask the City contribute towards the cost of the fire- works, on a fifty-fifty basis up to $1,000.00. Moved by Fessman, seconded by Allen, this matter be laid over for report as to any pos- sible ordinance violation, etc. that might be incurred in this request. Carried, all the Council present voting aye. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, relative to the master agreement for budgeting and for the expenditure of the engin- eering allocation for City streets, which were forwarded with the letter for approval by the Council. CITY MANAGER BIRD recommended this be referred to the City Attorney for checking the agreement. Moved by Fessman, seconded by Allen, the agreement submitted by the State Highway Department be submitted to the City Attorney for appro- val or comments. Carried, all the Council present voting aye. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, stating in view if his present promotion from Lieutenant to the position of Chief of Police, it is requested Acting Lieutenant J. R. Crowell, who is the cirst candidate on the present Civil Service list for the position of Lieutenant, be made Lieutenant as of February 15, 1960. CITY 2/9/60 288 MANAGER BIRD stated he concurred in the request, and has approved it, and asks approval of the City Council. Moved by Hart, seconded by Fessman, approving the recommendation of the City Manager, that Mr. Crowell be appointed as Lieutenant. Carried, all the Council present voting aye. COMMUNICATION ADDRESSED TO THE CHIEF OF POLICE from Louise Reuter, .aas read, requesting her resignation from the Police Department "ffective March 23, 1960, be accepted. COMMTCATION FROM CHIEF OF ':LICE CAGLE was read, recommending acceptance of the resignation. ved by Allen, seconded by Hart, the resignation be accepted with ,ep regrets. Carried, all the Council present voting aye. MANAGER BIRD stated with reference to our metropolitan sewer c.1em he has been asked by the City of San Diego to ascertain the _.;.elation of the City of National City in its relation to the overall •:rticipation. With that in mind and to give the City of San Diego answer, bearing in mind that copies of their proposal, tentative, been submitted to the members of the Finance Committee, since c1_.1e is of the essence he has requested the City Attorney to prepare a resolution which will setforth the City's position if the Council concurs. Attorney Curran will read the resolution when he reads the rchers to be presented later in the meeting. Moved by Fessman, sec- onded by Allen, the City of National City go on record as viewing favorably the joining with any reasonable agreement with the City of San Diego toward establishing a metropolitan sewer, and that the resolution be drawn. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the lighting of the tide- lands area we have been requested by the San Diego Gas & Electric Company for a permit. In our negotiations with them before, we have explained we could only issue to them a permit for the installation of the poles to carry these lights. COMMUNICATION FROM SAN DIEGO GAS & ELECTRIC COMPANY was read requesting the necessary action be taken to grant them approval for the proposed facilities. CITY MANA- GER BIRD stated the company recognizes we cannot give them an ease- ment and they are willing to accept a permit for occupancy, and recommended the City Attorney be authorized to prepare such a permit. Moved by Allen, seconded by Fessman, the City Manager's recommendation the San Diego Gas & Electric Company be given a permit to establish the facilities they want on the tidelands, and that the Attorney be instructed to prepare a resolution, be approved. Carried, all the Council present voting aye. 2/9/60 COUNCILMAN HART excused. CITY MANAGER BIRD stated in regard to the matter of Orpha Berger, 2302 E. 4th Street, which was presented on February 2nd and referred to the City Manager and City Engineer for a report regarding the con- dition existing on E. 4th Street, he has a number of pictures which were taken in the area showing the condition of the street. We had a letter presented by Mrs. Berger at the meeting today, and since no action was taken, recommended the letter be referred to the City 'nneer as there were some _`'acts setforth by Mrs., Berger which zould be investigated. '_ )tThT0ILMAN HART present. od by Fessman, seconded by Reid, we request a report from the City sneer on the points raised in Mrs. Berger's letter. Carried, by following vote to -wit: byes: Allen, Fessman, Reid, Hollings- :ch. Nays: None. Councilman Hart abstained from voting. REPORT ;;arding the improvement of E. 4th Street in the vicinity of .onal Award Homes, was read. East Fourth Street has been desig- �ed as a major street with an 80 foot wide right of way and 64 feet of travel way. Prior to the construction of National Award Homes the 'treet was not graded full width; there were no existing drainage :ructures and there was no permanent paving in the area. National Award Homes developers were required to improve the northerly 20 feet of the paved portion of 4th Street. The City awarded the Hazard Com- pany a contract to pave the center 24 feet leaving the southerly 20 feet for future pavement. These improvements were discussed with adjoining property owners on the south. A signed statement from Mrs. E. L. Berger was attached to the report permitting the City to enter upon her property as necessary for the necessary grading work to meet the 4th Street grade. The utility construction delayed the subject improvement into the wet season, otherwise the street would have been finished in November of 1959. CITY MANAGER BIRD stated this job is not finished and we recognize there is a problem existing. There is more work to be done. This was not a graded street and was an oiled street, and it was not graded and oiled full width. MRS. BERGER stated she did not give the City permission to enter upon her property. CITY MANAGER BIRD stated he has a photostatic copy of the letter signed by Mrs. Berger. CITY MANAGER BIRD stated he knows the engineering staff went out there and set stakes all over Mrs. Bergex's: property. Mr. Bird asked the City Engineer to his knowledge has the fill been put in according to stakes Which was agreed upon by the Engineer's office and Mrs. Berger. CITY ENGINEER LILL stated they 26J 2/9/60 290 have not made a final inspection of it as yet. We have had utility problems and weather problems ever since the job was started last Fall. CITY MANAGER BIRD recommended the matter of the complaint of Mrs. Berger and also the others in the neighborhood be held open until we see what further can be done and the report of the Engineer is received. Moved by Allen, seconded by Fessman_, the recommendation of the City Manager be approved and also that immediate action be taken in regards to letting Mrs. Berger know we are actually trying tc do something instead of forgetting. CITY MAEL-i R BIRD asked that L: •. Allen incorporate in his motion "if weather permits". COUNCIL- ; tNTiLLEN with the approval of his second, Councilman Fessman, so manded the motion. Carried, all the Council present voting aye. ::•?OLUTION NO. 7676 was read, accepting Covenant Running With Land -D.m George and Luella M. Befort. Moved by Allen, seconded by .lsman, the Resolution be adopted. Carried, all the Council present . ,.ing aye. SOLUTION NO. 7677 was read, approving San Diego Gas and Electric '.._napany Supplement to Contract providing for the installation of cer- tain street lamps in the National City Tidelands, and the Mayor is authorized and directed to execute the same for and on behalf of the Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7678 was read, finding and determining that all work required to be performed by 0. D. ARNOLD AND SONS for installation of Improvement in the 0. D. Arnold Subdivisions, 1, 2, 3, and 4 has been performed pursuant to, and as required by, those certain con- tracts by and between the City of National City and 0. D. ARNOLD AND SONS, and it is therefore ordered said work of improve ets be approved and the same is hereby accepted by the City. M+nsd by Hart, seconded by Allen, the Resolution be adopted. Carried„ by the fol- lowing vote to -wit: Ayes: Allen, Hart, Reid, Hollingsworth Nays; Fessman. RESOLUTION NO. 7679 was read, "A RESOLUTION CONCERNING THE PARTICIPA- TION OF THE CITY OF NATIONAL CITY IN THE USE OF 1. PORTION OF THE PRO- POSED SAN DIEGO METROPOLITAN SEWAGE SYSTEM." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council pres- ent voting aye. CITY CLERK ALSTON presented the Affidavit of Posting of Resolution of Intention to Change and Modify the Grade of 8th Street. Moved by Allen, seconded by Reid, the Affidavit be filed. Carried, all the Council present voting aye. 2/9/60 291 CITY CLERK ALSTON stated on February 19th the City will be host to the County Division of the League of California Cities, and it will be held in the V.I.P. Room of the Plaza Bowl. CITY CLERK ALSTON stated she has two copies of letters, one from the County Board of Supervisors and the other from the County Boundary Commission in regard to Sweetwater Annexation No. 2, The original letters were mailed to the City Planner, and will come up in her report. Moved by Allen, seconded by Hart, the communications be filed until the City Planner makes her report. Carried, all the Council present voting aye. CITY ENGINS R LILL reported the R. E. Hazard Contracting Company has installed pavement on 4th Street, which should be of some help to the problem; also installed pavement on Division Street for the National Award Homes Subdivision. Moved by Allen, seconded by Reid, the Engineer's report be accepted. Carried, all the coUnoil present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the fol- lowing persons be considered to fill the vacancy on the Planning Com- mission: The reappointment of N. S. Stowe; Charles M. Poe; Dr. Hugh G. Rockwell. Moved by Fessman, seconded by Reid, the names submitted by the Planning Commission be held over for consideration until after February 18th. Carried, by the following vote to -wit: Ayes: Fessman, Reid, Hollingsworth. Nays: Allen, Hart. REPORT FROM THE PLANNING COMMISSION wasread, regarding Sweetwater Annexation Unit No. 2. Report received from the County Boundary Com- mission dated February 2, 1960, stated they approved as definite and certain,the boundary description of the proposed annexation, subject to the correction of including an additional ten feet for the widen- ing of Highland Avenue to a hundred foot right of way. With this report, it was recommended the Council procee with the annexation. Moved by Allen, seconded by Fessman, the recommendation of the City Planning Commission in regard to Sweetwater Annexation No. 2 be approved, and the City Attorney be directed to follow through with the necessary procedures. Carried, all the Counncil present voting aye. CITY PLANNER STOCKMAN stated the next meeting of the Planning Com- mission will be held on Tuesday, February 23rd at 7:30 p.m., due to the fact February 22nd is a legal holiday. MAYOR HOLLINGSWORTH asked the members of the Finance Committee to meet on Thursday, February llth at 2:00 p.m. Mayor Hollingsworth 2/9/60 292 invited Councilman Reid to attend the meeting, and Mr. Reid said he wouldbe very happy to attend. Moved by Fesan, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:05 p.m. ATTEST; CITY CLERK Y) CITY OF NATIONAL Cf.LIFORNL1. 2/9/60