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HomeMy WebLinkAbout1959 02-10 CC MIN282 NatiJ,.al City, California, February 10, 195D Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fess- man, Hart, Hodge. Council members absent: Hollingsworth. ADYJNISTRATIVE OFFICIALS present: Alston, Biggs, Bird,Curran, Gautereaux, Holgate, Lill, Stockman. MAYOR HODGE stated this is Boy Scout week and introduced Cecil Con- noley, Cub Scout, representing all the Cub Scouts of National City; Dean Harrold, Boy Scout, representing all the Boy Scouts of National City; and Danny Centman, Explorer Scout, representing all the Explor- ers of National City. The boys led the pledge of allegiance to the Flag. Rev. Perkins gave the invocation. Moved by Alien, seconded by Hart, the minutes of the regular meeting of February 3, 1959, be approved. Carried, all the Council, present voting aye. ATTORNEY CURRAN reported Glens Falls Insurance Company has filed its Bond No. 752092 for the faithful performance of the contract which Graham and Bonamo have made with the City to install improvements in Graham and Bonamo Subdivision No. 2. The approval of the bond is contained in the resolution. COUNCIL40MAN HOLLINGSJORTH present. RESOLUTION NO. 7410 was read, accepting the final map of Graham and Bonamo Subdivision No. 2. Moved by Hart, seconded by Allen, the Resolution.be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7411 was read, ordering that payment on v'iarrant No. 12780 in the sum of $31.24 payable to George F. Cake Company be stopped and a n r;warrant for said sum be issued. Moved by Hollings- worth, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7412 was read, accepting a Grant Deed and an Easement from Victor A. and Rose ivlae Tolar. Moved by Hart, seconded by Fess- man, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7413 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME 02 HEARING THEREON (Twentieth Street, A and B .avenues).:; Moved by Hollingsworth, seconded by Fessman, the Reso— lution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. ,"AN 013DL._ SE AMENDING ORDINANCE NO. 707 OF NATIONAL CITY TO REGULATE , :is'AR ED FOOD VENDING VEHICLES,; was pre- sented for the second and finl reading. COUNCILMAN FESSMAN re- quested the Ordinance be read_ ill full. After the reading of the 2/10/59 283 Ordinance COUNCILMAN FESSMAN said he would like to introduce an ad- dition to the Ordinance, and that is a litter can be provided on the vehicles. Moved by Fessman, seconded by Allen, a suitable trash can be on.:the vehicle for use of the refuse when they are finished. Carried, all the Council pre .sei.t voting aye. COUNCILMAN FESSMAN stated he called the State Board of Equalization and asked whether or not thin operation was taxable as far as sales tax was concerned; the only sales tax they collect and pay are sales of cigarettes and candy, all other sales are considered in restaurant parlance as "to go'. Mr. Fessman said it takes away a source of revenue for tax- paying established businesses in our City and is not fair competit- ion for them. WILL PRATT, of Keithos Rancho Cafe, 214 National Aven- ue, was present and stated he thought the lunch wagons would cause an unjust competitive situation. LOUJIE HARMON. of Louieas Ranch House, was present in protest of the proposed operation of lunch wagons. COMMUNICATION FROM % . J. DILdI of a cD.ini r s was read, protest- ing the proposed ordinance allowing lunch wagons to operate in the City of National City. Moved by Hollingsworth, seconded by Fessman, the ordinance be rejected. Carried, by the following vote to wit: Ayes: Fessman, Hart, Hollingsworth. Nays: Allen, Hodge. HEARING ON PROPOSED ZONE CHANGE Jest side of ;.F.r Avenue between 13th and 14th Streets was held at this time. There were no written or oral protests. Moved by Allen, seconded by Fessman, the hearing be closed. Carried, all the Council present voting aye. Moved by Al- len, seconded by Hart, Ordinance 750 be amended to provide for this zone change. Carried, by the Iallowing vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Lodge. Nays: None. ATTORivEI CURRAN reported durinc the past week he was one of the City Attorneys of a selected list who received some voluminous material from the League of California Cities which enclosed proposed legis- lation and a report in recommendation on presentation of claims against public entities which has been prepared by the California Law Revision Commission. The report is of vital interest to Nation- al City and all cities. The City Attorney has been requested, after reviewing same, to consider the questions on the operation of the affairs of National City and then address a communication to the chairman of the committee on the judiciary and assembly where the bill will be heard, and to see that the League is furnished with a copy of th;. comments. It involves the manner in which claims for money due are submitted against the City, and the other by which sane person has claimed he has been damaged submits a claim against the City. There is a lot of material to be digested before the City Attorney will be able to comply with the request. It has been ob- vious for some time our law could stand some revision. At the pres- ent time there are too many provisions and too many conflicting sections, and it is very difficult to find the law because of the way it is spread out, so it se€:.s very clear an amendment is very much in order, and we want to hake sure the amendments which are be- ing suggested in this bill caC any proposals that are submitted by way of amendments to the bill are carefully scruitinized so the int- erest of the City can be prot,Aed. 2/10/59 284 LLD HUDSON, 604 Highland Avenue, was present and stated he noticed two hour parking signs are being posted on 6th Street on the gest side of Highland Avenue, for a distance of one half block, and he wished to make a protest, and asked the Council to reconsider this action. CITY MANAGER BIRD stated this was recommended to the Council after study by the Traffic Safety Committee, and: it included Highland Avenue 125 feet on the West at designated streets; and it also in- cluded 16th Street at National Avenue 125 feet East. MR. HUDSON stated he also was present in behalf of the little businesses on Highland Avenue who park their oaks on the side streets as close to their business as possible. Moved by Hart, seconded by Hollingsworth this be referred back to the Traffic Safety Committee. Carried, all the Council present voting aye. KEN MICHAEL, Manager of the Plaza Bowl, was present in regard to the billiard room at the Bowl, and stated they are interested in operat- ing this billiard room, or parlor as they like to call it, to the satisfaction of everyone and in a respectable way; and would like to be able to legally conduct this billiard room so it will not in any way be offensive. MAYOR HODGE stated he did not think the City was objecting to Mr. Michaelos billiard roan, they are very well pleased with the Bowling Alley, and are extremely happy. with his operation and with the billiar, parlor; but our problem is we have an ordinance we are trying to change so it will have no affect upon Mr. Michaellsoperation. Moved by Allen, seconded by Hart, this mat- ter be referred to the Buildint; Department and the Inspector to come up with an amendment to the Ordinance governing pool halls to bring them up to a certain standard, whether a little above or under what Mr. Michael has, would be strictly up to the Building Dept. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated the City purchased a motorcycle on the first of January, and it is not in operation -as yet due to the fact there is no radio and siren on it, and asked how long it takes to get de- livery on these items. COUNCILMAN ALLEN said he would like to recommend there be additional "no parking' signs placed on Highland Avenue on the gest side, from 8th to 18th-Street until such time as the ditch is completed and the pipes laid and the paving is laid on that side and then shifted over to the East side while they work on the gest side. Mr. Allen said he called up a motorcycle patrolman today and showed him the "no parking' signs on the telephone post, and he said, in his opinion, unless we have closer grouped "no parking' signs, he would not be able to cite anyone for parking in those area. CITY MANAGER BIRD stated those signs are specifically temporary signs, and read 'no parking by order of the Police Department-, they are in the possess- ion of the Police Department, and he cannot see where the opinion of a traffic officer of the Police Department should say whether or not they are adequate; it is a question of what the ordinance calls for as to their footage and spacing and the Police Department so posting them. Moved by Hart, seconded by Allen, this be referred to the Police Chief. Carried, all the Council present voting aye. 2/10/59 285 COUNCILMAN FESSMAN stated it was brought to his attention we have a, problem that will continue to re -occur if we do not do something about it; it is quite involved and is in relation to a 1911 Act Improvement. Mr. Fessman stated it is his understanding that recently courts have ruled the City incurs a liabi flt where they pave streets above the water course and eventually the water gets down in the hole and floods somebody out where a house has been built in a low place. Moved. by Fessman, the Building Inspector in cooperation with the City Engineer bring in a recommendation for an ordinance to cover that contingency,• and the ordinance would be an amendment to the Building Code. Motion died for lack of a second. Moved by Fessman, seconded by Allen, the City Engineer and City Attorney bring in a report as to what the City's responsibility is when a house is built in a . Carried, by the following vote to -wit: Ayes: Allen, Fessman; Hollingsworth, Hodge. Nays: Hart. APPOINTMENT OF RECREATION ADVISORY BOARD MEMBER was presented. The Board recommended Gene Pederson be considered. MAYOR HODGE suggested when the Committees make their own recommendations, they submit at least three names for consideration along with their addresses and occupations and asked this be held over so he can contact the Committ- ee. Moved by Hart, seconded by Hollingsworth, this be held over. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, we notify all Chairmen of the various committees in the fut- ure in making a recommendation for a replacement on their committee, they submit at -least three names to the Council, all of whom must be contacted and asked if they are willing to serve. Carried, all the Council present voting aye. CONDITION AT SECOND STREET AND I: GH.LAND AVE ZE was presented. Moved by Hollingsworth, nothing be dole at Second and Highland. COUNCILMAN HART asked if the City IVanager had a recommendation to make. CITY MANAGER BIRD recommended for a temporary expedient the ano parking area be extended one parking slot on the East side of Highland Avenue South of Second Street, and the postal authorities be contacted to re- move the existing drop mail box which will greatly aid that intersect- ion until such time as the permanent improvement of lowering the grade can be made during the time of paving Highland Avenue. Motion died for lack of a second. Moved by Allen, seconded by Pessman, the recom- mendation of the City Manager be approved. Carried; all the Council present voting aye. NOTICE FROM PUBLIC UTILITIES COMMISSION relative to the application of the Aztec Bus Lines to operate bus service between San Diego and Brown Field was presented and City Clerk Alston recommended it be referred to the Attorney. Moved by Hart, seconded by Hollingsworth, the application be referred to the City Attorney for checking. Car- ried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO CoLI TY. t ATER AUTHORITY was presented, showing change -of boundaries for the year 1958, and City Clerk Alston recommended the communication referred to the City Attorney. Moved by Hart, seconded by Hollins sti.,2th, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. 2/10/59 286 COMMUNICATION FROM JILBUR ud. EASTON, Tax Collector, was read, regard- ing Option and Agreement No. 6458 on tax deeded land which the City recently purchased. 'when making request for a deed, a written re- quest must be given stating the City has a bonafide purchaser for the property or are taking it for public use. Remittance to cover the cost of advertising, $31.57 plus $300.00 purchase price for the prop- erty, or a total of•$331.57 should be sent with request for a deed. Moved by Fessman, seconded by Hart, the matter be referred to the City Attorney for his recommendation, Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a notice of a judgment filed against one of the Cityos employees by the City of Chula Vista; and recommended it be referred to the City Attorney. Moved by Allen, seconded by Hart, the judgment be referred to the Attorney. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated norm- ally it is customary for an employer to see that their employees pay their bills, otherwise they do not remain as employees, and wondered if this same condition should e.st in this case. Mr. Fessman said he thought it should be a matter of policy our City employees should pay their bills. Moved by Alleys, seconded bj Hart, the matter be dropped and wait for a report from the Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM ELLEN B-EDEJ , LIBRARIAN, was read stating in order the Library may be adequately represented at forthcoming meetings dealing with the proposed California Library Legislation, the Board of Trustees are requesting additional funds for the now depleted travel account. Moved by Hart, seconded by Hollingsworth, this be referred back tors. Baeder for a stated amount of money needed. Carried, all the Council present voting aye. COMmUNICATION FROM CALIFORNIA ROADSIDE COUNCIL was presented, regard- ing two bills submitted to the legislature dealing with different as- pects of the billboard regulati..n problem. Moved by Hart, seconded by Allen, the communication be•filed. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollingsworth. MINUTES OF 12th ANNUAL CONVENTION, SHORELINE PLANING ASSOCIATION were presented. Moved by Fessman, seconded by Hart, the minutes be filed. Carried, all the Council present voting aye. MAYOR . HGDGE declared a recess. plo meting was called to order by Mayor Hodge. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council memb- ers absent; None. Moved by Allen, seconded by Hart, the motion ordering the minutes of the 12th Annual Convention, Shoreline Planning Association filed, be rescinded and request they be referred to the Planning Commission. Carried, all the Council present voting aye. 2/10/59 287 CITY CLERK ALSTON announced there is a meeting of the Small Craft Harbors Commission February 16th in Sacramento. Moved by Hollings- worth, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. MINUTES OF SMALL CRAFT HARBORS COMMISSION meeting held at Alamenda. January 13th were presented and City Clerk Alston recommended they be referred to the Attorney. Moved by Fessman, seconded by Hart, this be referred to the City Attorney. Carried, all the Council present voting aye. CITY ENGINEER LILL reported t:e _intract has been signed by J. L. McElvany for the Dike Construct'v.., and the work is to be started in the near future; his present pl....s are to start work on the Santa Fe property first and work through Chula Vistas tidelands up into National City. CITY ENGINEER LILL stated there is a proposed development at the Southeast corner of Palm Avenue and 8th Street by the Hobart Invest- ment Company. They have submitted dedications for portion of Palm Avenue, for a cul de sac at 9th Street off Palm Avenue, for an alley between Palm Avenue and 'R:; Avenue; an easement for sewer running from Palm Avenue almost to-4R Avenue; and have prepared improvement plans and signed a contract and agreement for the construction of the improvement and furnished an improvement bond. The deeds have been referred to the City Planner and subject to her report, Mr._ Lill said he would recommend the street dedications and sewer easement be accepted subject to the installation of these improvements. There is a small portion of ;R. Avenue they offer for dedication, but they only offered a severn foot width, the remaining width would have to come from the other owners, and were unable to obtain that dedication, and Mr. Lill said he did not think we should accept a seven foot piece of street. Moved by Hart, the report of the City Engineer be accepted. COUNCILMAN FES SMAN asked if the Company contemplated on their im- provement plans to build the apartments at the present level of that land, or do they contemplate ra:_sing it some before they start con- struction, and will it confora to the grade of Palm Avenue and 8th Street when it is improved. CITY ENGINEER LILL stated 9th Street they propose to improve will be the grade of Palm Avenue; and will improve the easterly portion of Palm Avenue; the alley will meet Palm Avenue and ,tl Avenue; they do not propose any improvement on 8th Street at this time, although we do have a grade set there. COUNCIL- MAN FESSMAN asked if they are contemplating on building their apart- ment houses high enough so they will not be flooded. CITY ENGINEER LILL stated 8th Street will be very near to the grade it is at the present time. COUNCILMAN FESS'iu1AN said he thought the requirements should be that they raise it above any possible danger of flooding by heavy rains, and that is why he would like to have the City Attorn- ey bring back:a report on the Cityls liability in such cases. COUN- CILMAN HART withdrew his motion. IMIoved by Allen, seconded by Hart, the recommendation of the City Engineer be accepted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Pessman. CITY ENGINEER LILL said he believed there is a 2/10/59 288 chance of this area being floo ei, the same as there is a chance of the service station at the southeast corner of 8th and Palm being flooded. Moved by Fessman, seconded by Hodge, the City require a waiver of responsibility on thispart from the owners of this proposed development, and that the waiver be recorded in the Recorderos office so they have been notified it is a flood hazard and they take the responsibility and risk at their own responsibility, and not the Cityos. Motion died, by the following vote to -wit: Ayes: Fessman, Hodge. Nays: Allen, Hart, Hollingsworth. CITY MANAGER BIRD stated he had a request from the Chief of the Fire Department to use a dilapidated building located at 725 E. 16th Street for the purpose of Fire Department training and eventual de- molition of the building. Mr. Bird said he concurs in the request and recommended the City Attorney be authorized to read the agreement and resolution necessary to protect the City in the use of this prop- erty. RESOLUTION NO. 7414 was read, approving the agreement between City of National City, and Lloyd C. and Elizabeth Ellsworth, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Hart, seconder. by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7415 was read, approving and accepting a certain lease for a portion of the Tidelands between City of National City and San Diego Gas and Electric Company, and the Mayor is authorized and di- rected to execute the same for and on behalf of the City. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. FRANK DeVOBE, of the San Diego Gas & Electric Company, was present and stated in order for them to complete the entire installation, they will have to extend the channel south from its terminus, and in order for this to be done, the approval from the Council to the State Lands Commission of California is necessary. Mr. DeVore said he would re- quest, if possible, a resolution be adopted today giving the consent of the Council as the literal owners. Moved by Fessman, seconded by Allen, the consent be granted as far as National Cityos interest and ownership, and that a resolution be prepared, and if permissible a copy be sent to Mr. DeVore of the San Diego Gas & Electric Company. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the bill which has been presented to the Assembly by Assemblyman Allen in regard to tidelands, he believes to be of vital importance. This was brought before the Harbor Committee and they authorized him to contact the various cities in the area, which he has done, and has contacted Assemblyman Hegland. Mr. Bird said he would like to present i'.:r the Councilos approval, that the City Manager or City Attorney be authorized to follow up oa this mat- ter, even to appearances in Sacramento if there appears to be a need. Moved by Hart, seconded by Fessman, the City Manager or City Attorney be authorized to attend any meetings if necessary. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollingsworth, Hodge. Nays: None. 2/10/59 289 CITY MANAGER BIRD stated at the Harbor Commission meeting there was examined the request for additional area adjacent or close by a lease now held by the National Lumber Company; and it was the recommendaticn of the Committee that three and one half acres adjacent to the John Hancock lease be leased to the National Lumber Company who holds the parcel next to John Hancock, on the same terms as the present lease, with one excpetion, that at the end of the second renewal period the rental be same as the Sullivan lease. Moved by Hart, seconded by Al- len, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the City Attorney be authorized to prepare the lease. Carried, all the Council present voting aye. COMMUNICATION FROM TEYSSIER TEYSSIER was read stating they have en- closed a copy of the release executed by the Reid's Plumbing on the National City Pool. They released this payment by way of a release bond, and ask acknowledgment of receipt of lien and the release bond be forwarded to them so they may return it to the surety company. CITY tANAGER BIRD recommended the communication be referred to the City Attorney. Moved by Hart, seconded by Fessman, the recommendat- ion of the City Manager be follo.ved. Carried, all the Council pres- ent voting aye. CITY MANAGER BIRD stated he had a return of the latest bid with ref- erence to our gasoline contract. COMMUNICATION FROM PURCHASING AGENT FOR COUNTY OF SAN DIEGO was read stating on bids received for gasoline for year beginning February 16, 1959 and ending February 15, 1960, the Standard Oil Company was the low bidder. REPORT FROM CITY ENGINEER LILL was read regarding Tidelands Sewer Project, recommending the work be accepted by the City and a Notice of Ccxnpleti.,n be filed. CITY MANAGER BIRD recommended the City At- torney present the resolution in due time. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding grant deeds received from Johnson, Tyson and Lynds for a portion of Palm Avenue, 4R„ Avenue, 9th Street and an alley in the area between 3th Street and loth Street, and Palm Avenue and 41H Avenue. Report from City Engineer Lill recommended these deeds -be accepted subject to the streets and alleys deeded being fully improved by the developers. The Commission recommended acceptance of the grant deeds subject to the developers entinering into a contract with the City for full im- provements. Said contract and band has been submitted by the develop- ers to the City as of this date, February 10, 1959. Moved by Hart, seconded by Hollingsworth, the recommendation of the Planning Commis- sion be approved, and the Attorney be authorized to prepare the nec- essary resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANING Cai ISSION was read relative to grant deed received from Morris C. and Ada Cornelia Satter for the west 25 feet of 4M Avenue 200 feet south of 16th Street. The Commission recom- mended the deed be accepted. Moved by Allen, seconded by Hart, the 2/10/59 290 recommendation of the Planning Commission be accepted in regard to grant deed for portion of Avenue, and the Attorney be authorized to prepare the necessary resolution. Carried, all the Council pres- ent voting aye. COUNCILCMAN HOLLINGS,ICRTH stated she wished to commend the City Planner as she was informed, at a recent meeting of Planners held in San Diego all of the Planners of the various cities was supposed to submit an exhibit and there were only two there, one from the City of San Diego and one from the City of National City; and our exhibit as prepared by Mrs. Stockman was wry outstanding. RESOLUTION NO. 7416 was read, aoeept. ng the work done by Pace Con- struction Company for construction of Tidelands Sewer Project and fil- ing of a Notice of Completion is authorized, and payment for said work be made in accordance with the contract. Moved by Fessman, sec- onded by Hart, the Resolution be adopted. Carried, all the Council present voting aye, COUNCILMAN AURN stated last Thursday, Mr. Bird, Chief of Police Smith, Range Master, and himself made a trip to vuhittier where they have an indoor pistol range, to inspect the facility to see what could be done. sue -found we could have a much better facility in bur pro41 Ki rb l Park: tha . toe e inspeQtg1. Moved by Allen, second- ed by Hart, a letter of thanks be sent for the hospitality. shown. Carried, all the Council present voting aye. Moved by Hart, seconded by Allen, the meeting be closed. Carried, al the Council present voting aye. Meeting closed at 3:57 P.M. I, A 1C_ , CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 2/10/59