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HomeMy WebLinkAbout1959 03-03 CC MIN310 National. City, California, March 3, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: !Ellen, Fess- ni n, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRIATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Warriner. Moved by Hollingsworth, seconded by Fessman, the minutes of the reg- ular meeting of February 24, 1959, be approved. Carried, all Coun- cil -members voting aye, with the exception of Council Allen who ab- stained from voting. Moved by Allen, seconded by Fessman, the min- utes of the adjourned meeting of February 27, 1959, be approved. Carried,! all Council members voting aye, with thw exeept-ionL of Counciiman Hart who abstained from voting. RESOLUTION NO. 7431 was read, "RESOLUTION ADOPTING PLAT SHOWING EX- TERIOR BOUNDARIE3 OF ASSESSMENT DISTRICT (Highland !Avenue from 4th Street to 8th Street)." Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. RESOLUTION NO. 7432 was read, accepting a Grant Deed from Johnson, Tyson & Lynds. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7433 was read, "RESOLUTION ADOPTING PLANS ND SPECI- FICATIONS (Highland :venue from 4th Street to 8th Street)." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Lllen, Hart. RESOLUTION NO. 7434 was read, approving and accepting lease between the City of National City and Mueller Truck Company, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7435 was read, PRELIMINARY DETERMINATION OP LEGISLA- TIVE BODY UNDER "SPECIAL .ASSESSMENT INVESTIG..TION, LIMIT.;TION AND MAJORITY PROTEST ACT OF 1931" (Highland Avenue from 4th Street to 8th Street)." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried by the following vote to -wit: !Eyes: Fessman, Hollingsworth, Hodge, Nays: Allen, Hart. RESOLUTION NO. 7436 was read, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (Highland `.venue from 4th Street to 8th r t)." Moved by Hollingsworth,seconded by Fessman, the Resolu- tiOi be adopted. Carried, by the following vote to -wit: Ryes: 3-3-59 311 Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. RESOLUTION NO. 7437 was read, accepting a Grant Deed from J. Earl & Eugenia V. Garrett. Moved by Hart, seconded by L11en, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. "1EZONING OF CERTAIN PROPERTY ON F AVENUE BE- TWEEN 13TH AND 14TH STREETS," was presented for the second and final reading. Moved by Hollingsworth, seconded by Hart, the Ordinance be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO.941, "REZONING OF CERTLIN ]ROi ERTY ON F AVENUE BETWEEN 13TH I,ND 14TH STREETS." Moved by Lilen, seconded by Hart, the Ordi- nance be adopted. Carried, all the Council present voting aye. REPORT FROM PARK AND RECREATION ADVISORY BOu3D was read relative to their meeting of February 25th. Moved by Hollingsworth, seconded by Hart, the report be filed. Carried, all the Council present voting aye. ATTORNEY CURR:N stated with reference to the communication from the County of San Diego Tax Collector with reference to the option and agreement executed by the City of National City for purchase of tax deeded land has been reviewed and the matter of the payment which this letter called our attention to has been paid, and recommended the letter be filed. Moved by Hart, seconded by Allen, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURS N reported there are three policies of title insurance which should be approved and filed, as follows: Union Title Insur 'snce Company's rolicies Nos: 642531 and 645954; and Security Title Insurance Company's Policy No. 314953. Moved by Hart, seconded by :Alen, the policies of title insurance be approved and filed. Car- ried, all the Council present voting aye. ATTORNEY CURR",N reported the Public Utilities Commission of the State of California has rendered two decisions which pertain to the appli- cation of the San Diego Gas & Electric Company for an increase in gas rates and for an increase in electric rates, These two decisions make final the order previously made which gave increases to the San Diego Gas & Jlectric Company for both gas and electric rates. This is the matter in which the City Attorney recommended no action be taken to attempt to forestall making final these decisions and orders. ATTORNEY CURR".N stated he has examined Ordinance No. 1861 New Series of the County of San Diego which prescribes procedure for obtaining a permit from the Health Department and payment of fees. This ap- parently was sent to National City for information purposes only and requires no action on the part of any City officials. 3_3_59 312 ATTORNEY CURRAN stated the application filed with the Public Utili- ties Commission by Aztec Bus Lines to operate bus service between San Diego and Brown Field has been examined. We also have a subse- quent communication from Aztec Bus Lines which encloses material which replaces an exhibit to the application. This revised exhibit advised the Commission the Company will accept a restriction if the Public Utilities Commission desires to place such a restriction on any permit that might be granted. The passengers traveling between San Diego and Brown Field could only be picked up at designated places, none of which are in the City of National City. We are therefore confronted with the problem where the applicant would like to use the City Streets of National City and yet the citizens of National City would realize no benefits and would have to use some other means of transportation to get to Brown Field if they so de- sired. With this situation it is a matter of policy for the Council to determine what, if any action, it desires to take with reference to the application filed. Moved by Hart, seconded by Allen, we re- quest the Bus Lines to have a station of some kind in National City where they stop and pick up and unload passengers. COUNCILMAN FES6ML.N said it should betaken into consideration the condition the bus stops leave the streets. They are very hard on the streets, and if they are going to have bus stops and operate in National City we should request them to put in a concrete road; also pay a fran- chise fee. MAYOR HODGE stated he would suggest this be referred to the Finance Committee. COUNCILMAN HART with approval of Councilman Allen, withdrew their motion. Moved by Hart, seconded by Fessman, this be referred to the City Attorney, City Manager and Finance Com- mittee. Carried, all the Council present voting aye. ATTORNEY CURR N stated there is a technical point here which was not mentioned in his report, this application seeks a permit be granted without a hearing and unless some formal appearance is filed with the Public Utilities Commission the Commission would have the right to proceed to act without a hearing so it is not.a matter we would necessarily have time to consider at any great length; it iti: a matter that, if it is to be given consideration as to what the policy of the City should be, if that cannot be determined today, some appropriate appearance should be made in order to advise the Commission that National City does have an interest in. the application. CITY MANA- GER BIRD said he would state, for the Council's consideration, first, there seems to be a question of policy and because of the lack of time, it is his recommendation the City Attorney be authorized to notify the Public Utilities Commission thereby asking for a hearingo then it would be set for a hearing date; the matter could be studied and we can have representation at the hearing. Moved by Hart, second- ed by Allen, the recommendation of the City Manager be approved. 3-3-59 313 Carried, all the Council present voting aye. KATHERINE SIEH, 3120 National Ave., was present and asked the Council to reconsider the Ordinance which was adopted relating to lunch trucks. There is a demand for lunch truck service and it was her understanding the City Clerk had received a petition signed by over 400 people asking for this type of service. CITY CLERK ALSTON stated she has not received the petition, MRS. SIEH Stated Mr. Blotter of Spee-D-Lunoh was to file the petition, and she would check it. Moved by Hart, seconded by :Alen, this be brought up on the agenda at the next meeting. Carried, by the following vote to - wit: Dyes: Allen, Hart, Hodge. Nays: Fessman, Hollingsworth. BILLS AUDITED BY THE FINANCE COMMITTEE Presented; General Fund $13,879.56 Traffic Safety Fund 1,062.39 Park Fund 88.68 Retirement Fund 224.00 Payroll Fund 40,405.66 TOTAL $55,660,'29 Moved by Hollingsworth, seconded by Hart, the bills be approved for payment and warrants drawn for same.. Carried, by the following vote to -wit: ryes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7438 was read, authorizing the expenditures of the following sums from the Capital Outlay Fund: B. Hayman Co., $4,117.57 for Vermeer Power Stump Cutter; WESTERN I+'LST L, $27,44 for. materials and supplies for .Las Palmas Park. Moved by Hollingsworth, seconded by Hart, the Resolution be adopted. Carried, all the Coun- cil present voting aye. REQUEST OF COUNCILMAN 1:I,LEN regarding employees living outside of City of National City, was presented. Moved Allen, the City employees be allowed to live of National City's city limits. Motion lost, to -wit: Ayes: Allen, Hart. Nays: Fessman, by Hart, seconded by within a•ten mile radius bythe followingvote Hllingsworth, Hodge. APPLICATION FOR EXCAVATION PERMIT signed by Russell 1. Haas, was pre- sented, for work to be done on property located at 16th & West Ave. CITY CLERK ALSTON stated in accordance with the requirements of the ordinance she filed copies with the City Manager, City Engineer and Street Supt. CITY CLERK ALSTON stated she received a proclamation for the Mayor to sign proclaiming April 14th to 20th as Pan American Week. Moved by Hollingsworth, seconded by Allen, the Mayor be authorized to sign the proclamation. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY was presented, and City Clerk Alston recommended it be referred to the City Attorn:y. Moved by Hart, seconded by Allen, the communication be referred to 3-3-59 314 the Attorney. Carried, all the Council present voting aye. COPY OF MEMORANDUM r'HOM BOARD OF SUPERVISORS to the Department of Public y'orks, San Diego County, was read, stating the Board of Supervisors referred the letter from the City of National City to the Department of Public Works in regard to obstructions being placed in the natural drain and water course of the Sweetwater River east of the area of Highland Avenue. COMiUNICATION FROM ASSEMBLYMAN HEGLL.ND dated February 24th was read regarding proposed library legislation. Mr. Hegland stated he has discussed this matter with a Legislator who is an expert in this field and copies of the bills as they are introduced in the immediate future will be sent to the City. CITY CLERK ALSTON stated in a letter received from the League of California Cities that if any bills are coming up in the legislature in which the City is interested, we should send representatives to attend the hearings. COMMUNICATION FROM ASSEMBLYMAN HEGLAND dated February 27th was read, stating he has consulted assemblyman Geddes who presents the bills resulting from the study and recommendations of the California Li- brary Commission. Mr. Geddes is working on a draft but it is not in final form, and not known when this bill will be introduced, but suggested Assemblyman Geddes be written to directly. CITY CLERK ALSTON PRESENTED the Affidavit of Publication of Notice of Filing and Hearing on 20th Street, A and B Avenues. Moved by Hollingsworth, seconded by 'Alen, the affidavit be accepted and filed. Carried, all -the Council present voting aye. CITY CLERK ALSTON presented the 20 th Annual Report of the Metropoli- tan Water District for the year 1958, which will be on file in her office. CITY CLERK ALSTON presented the Twenty -Seventh Annual Financial Re- port and Report of Operations of The Board of Administration of Cal- ifornia State Employees' Retirement System for the fiscal year ended June 30, 1958, which will be on file in her office. CITY ENGINEER LILL reported the contractor, J. L. McElvaney, has started work on construction of the tidelands dikes, starting on the Santa Fe property and working westerly and northerly to National City's tidelands. CITY MANAGER BIRD recommended the application for excavation permit of Russell P. Haas be approved. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. 3-3-59 315 REPORT OF HEARING OFFICERS, City Engineer Lill and City Manager Bird, on Hearing of Engineer's Report for the Improvement of "A" Avenue from 24th Street to 26th Street, was read. It was recommended the project proceed under the 1911 Act Improvement procedures. Moved by Hart, seconded by Fessman, the recommendation of the Hearing Off- icers be approved, and the project proceed. Carried, all of the Council present opting aye. REPORT FROM CITY ENGINEER LILL was read regarding "F" Avenue Storm Drain. It was recommended thh work be accepted and a Notice of Oom- pletion filed. Moved by Allen, seconded by Hollingsworth, the re- commendation of the City Engineer in regard to "F" Avenue Storm Drain be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding Orchard Manor Sub- division recommending the improvements be accepted, and a resolution be prepared; and a refund made to the Wilco Development Company, the balance held in Special Fund. Moved by Hart, Seconded by Hollings- worth, the recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessmen, Hart, Hollingsworth, Hodge. Nays: None. RESIGNATION OF WILLIAM M. LEWIS, Patrolman, effective February 28, 1959, was read. MiY OR HODGE ordered the letter filed. CITY MANAGER BIRD REPORTED in regard to the request of Bernard Lipin of B & B Enterprises requesting the Ordinance be changed relative to amusement machines, kiddie rides in particular; he wished to report there are a total of 30 machines owned by various companies operating in National City. Under Section 47 of Ordinance 708 the fee is $10.00 per quarter per machine. It appears that $5.00 per quarter would be a satisfactory compromise. Moved by Hart, seconded by Hollingsworth, the fee be ohanged to $5.00, and the ordinance be sc amended. Carried, by the following vote to -wit: eyes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COMMUNICATION FROM TEYSSIER & TEYSSIER in regard to the municipal pool, was read, stating all items of repair involving leaks and mis- cellaneous defects which are covered under the guaranteed period of the job have been taken care of and they are anxious their statement for payment for the extra work involving repair of leaks in the amount of $2,413.40 along with their statement for payment for the additional color, cost of labor and material to install intricate color in the barbecue area be processed and payment made. It was the recommendation of City Manager Bird it be referred to the City attorney. Moved by Hart, secaaded by Allen, the letter be referred to the City Attorney. Carried, all the Council present voting aye. 3-3-59 316 C0MMUNICATION FROM SHELL OIL COMPANY was read requesting a variance to remove curbing at their station, 1004 National Avenue. It was the recommendation of the City Manager the application be approved, and also requested that the driveway and sidewalk be rebuilt as set forth on the plan submitted by the company. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has a request from the San Diego Gas & Electric Company in regard to the installation of a water line on Tidelands Avenue; wherein there has been supplied by the Water Com- pany to the San Diego Gas & Electric Company an easement for which it is necessary, if Council is in accord, to authorize the Mayor to sign this agreement. The agreement grants to the California Water & Telephone Company an easement on Quay Avenue. Mr. Bird said before having any action taken on this he recommended it be referred to the City Engineer and City attorney for a report, as it appears we are not in accord. Moved by Hart, seconded by Fessman, the recommen- dation of the City Manager be followed. present voting aye. CITY MANAGER BIRD stated with reference to the legislative letter from the League of California Cities there are a number of bills that should be given some consideration by the Council as to whether or not they wish to give them support. 0ne in particular is Collective Bargaining, AB602. AB 618, .B 631, AB 479 are some of the bills which the Council, if they so desire, should place them- selves on record as being for or against. Moved by Hollingsworth, seconded by Fessman, Mr. Bird b.; authorized to contact these vari- ous committees and also our local representatives that the City of National City is opposed to all four bills; AB 602, AB 618, AB 631, and AB 479. Carried, all the Council present voting aye. REPORT FROM THE PL.:NN I_ G OOMi IS:SION was read regarding the final map of Williams Manor No. 6 Subdivision, a 49 lot subdivision of a por- tion of Lots 9 to 14 of Pritchards Paradise Villa. The Commission recommended the final map be approved. Moved by Allen, seconded by Hart, the recommendation of the Planning Commission be approved in regard to the final map of Williams Manor No. 6 Subdivision. Carried, all the Council present voting aye. Carried, all the Council RESOLUTION NO. 7439 was read approving and accepting the work per- formed by Wilco Development Company for installation of Improvements in the Orchard Manor Subdivision. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council pres_:nt voting aye. 3-3-59 317 RESOLUTION NO. 7440 was read accepting the work done by Pace Con- struction Company for "F" Avenue Storm Drain and authorize the filing of a Notice of Completion and orders payment for said work be made in accordance with the contract. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. LEO BLOTTER OF SPEE-D-LUNCH waspresent and presented a petition signed by a number of persons who are desirous of lunch wagon service. Moved by Allen, seconded by Fessman, this be referred to the City Clerk to check the signatures on the petition. CITY CLERK ALSTON stated she could not check the names to see if they are authentic as there are no addresses on the petition. Their home address must be given. MR. BLOTTER stated he will obtain new signatures with the addresses. COMMUNICATION FROM EDWARIa7nB. BODGE, which was presented to City Clerk Alston by Council/Allen at the beginning of the meeting, was read, stating he believes the City is guilty of neglecting their section of the City. He enclosed a picture of the drain under Laurel and Division Street. Moved by Hollingsworth, second- ed by Allen, the letter be filed. Carried, all the Council present voting aye. Moved by Hart, seconded by Allen, the meeting be closed. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. Meeting closed at 3;01 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATION X CITY, CALIFORNIA 3-3-59