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HomeMy WebLinkAbout1959 03-17 CC MIN326 National City, California, March 17, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Hollingsworth, Hodge. Council members absent: Allen. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Mayor Hodge. Moved by Hart, seconded by Fessman, the minutes of the regular meet- ing of March 10, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7444 was read, ordering that payment on Warrant No. 13784 in the sum of $245.00 payable to Mrs. Edward F. Arregui be stopped and a new warrant for said sum be issued. Moved by Hart, seconded by Pe man, the Resolution be adopted, Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays; None. Absent: Allen. RESOLUTION NO. 7445 was read, "RESOLUTION APPROVII'.G :CLAN FOR C;NTRA- LIZATION OF CIVIL DEFENSE ACTIVITIES." Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. ORDINANCE NO. , "ORDINANCE AMENDING NATIONAL CITY ORDINANCE No. 708 PrRTAINING TO LICENSE FEES FOR CHILDR N'S AMUSEMENT MACH- INES," was presented for the first reading, and read in full. COMMUNICATION PROM ELEANOR FRENCH, PERSONNEL CLERK, addressed to the Civil Service Commission, was read stating her resignation is ef- fective April 15, 1959, and asked she be placed on the reserve list, pursuant to Rule 5.2 of the Civil Service Rules. COUNCILWOMAN HOLL- INGSWORTH asked if this is a customary procedure. CITY MANAGER BIRD stated it is an action allowed by the Civil Service Ordinance, how- ever it will require approval of the department head in which she works, and recommended the request be held over until the next meet- ing for a report. Moved by Hollingsworth, seconded by Hart, the re- glest be laid over until the next meeting. Carried, all the Council preselt voting aye. CITY CLERK ALSTON asked if this would require approval of the Civil Service Commission also. CITY MANAGER BIRD said we could ascertain that. ATTORAEY CURRAN reported he reviewed the minutes of the Small Craft Harbors Commission meeting held in Alameda on January 13, 1959, and recommended they be filed. Moved by Fessman, seconded by Hart, the minutes be filed. Carried, all the Council present voting aye. 3/17/59 327 ATTORNEY CURRAN stated the notice of the meeting of the Small Craft Harbors Commission which was scheduled to be held in San Diego on March 16, 1959, was considered by him; inasmuch as there is no pro- posed project in National City at the present time which it is con- templated to be submitted to this Commission it was not deemed nec- essary anybody from National City attend this meeting, and recom- mended the notice be filed. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the letter of February 5, 1959, from the San Diego County Water Authority which contained a statement of the chan- ges in boundaries has been examined, and it should be noted the Water Authority with reference to the Lois Annexation has determined County the boundaries of the San Diego/Water Authority are not changed, that the property in the Lois Annexation was taxable by the Authority as part of the South Bay Irrigation District and on the records of the County Water Authority the Lois Annexation will continue to be a part of the taxable area of the South Bay Irrigation District. It was the recommendation of the City Attorney the communication and statement be filed. Moved by Fessman, seconded by Hart, the recom- mendation of the City Attorney be followed. Carried, all the Coun- cil present voting aye. COUNCILMAN HART said he felt there was no longer a demand for all of the 0livewood Housing and he would like to see the property west of National Avenue disposed of in an orderly manner, after we have per- mission from the Navy. Moved by Hart, the City Attorney and the City Manager write to the Navy and ascertain whether or not this property can be released. Motion died for lack of a second. COUNCILMAN HART stated he would not ask for any motion on the sale of the City property between 12th and 14th Street, "A" Avenue to National Avenue, until we have a full Council. Bi.LLa AUL1 BZ S ta iLNAAOL 00SMI T.B ' presented; General Fund 23,429.38 Traffic Safety Fund 3,479.49 Park Fund 283.13 Harbor Fund 8,537.59 Trust & Agency Fund 220.00 especial Street Fund 1,009.08 Drainage Fund 1,504.58 layroll Fund 422271.38 TOTAL. . . . . . . . . $80,734.63 Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment and warrants ordered drawn for same. Carried., by the °ollcwing vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. RL:OLUTION Y0.7446 was read, authorizing and approving the expend- 3/17/59 328 iture of $81.30 to Western Metal for supplies for Las Palmas Park, from the Capital Outlay Fund. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. THE MATTER OF LUNCH TRUCKS was presented. Moved by Hart, seconded by Hollingsworth, the ordinance pertaining to lunch trucks be rein- troduced. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman. Absent: Allen: NOTICE FROM STATI EMPLOYE' 6' RETIREMENT SYSTEM of meeting to be held in Los Angeles on Friday, _Aril 3, 1959, was read. COUNCILWOMAN HOLLINGSWORTH asked if the City Manager thought it was important we have a rep::ese_itative present at the meeting. CITY MANAGER BIRD stated he thought we should have a representative present at the meeting, and also the Employees' Association should send jointly a representative. There are a number of things which will materially affect the cost to the City, as employers, and will perhaps increase benefits to the employees, as individuals. Moved by Hart, seconded by Hollingsworth, representatives, as suggested by the City Manager , attend this meeting. Carried, all the Council present voting aye. COMMUNICATION FROM THE CHAMBER BER OF COMMERCE was read, recommending the City Council approve the latest State Highway Department plans for the new Highway 101 freeway through National City; and urge the Council take immediate steps to sign an agreement on this subject with the State Highway Department. Moved by Fessman, seconded by Hart, the communication be held over until such time as we receive information from the State. Carried, all the Council present vot- ing aye, CITY CLERK ALSTON stated at the last meeting we had a notice of can- cellation of the insurance of F. San Martin & Son, and since that tame we have received a notice of reinstatement from the insurance company which was referred to the City Attorney. ATTORNEY CURIAN stated there is no action necessary, simply the action at the last Council meeting required of F. San Martin & Son. Moved by Hart, se- conded by Hollingsworth, the notice of reinstatement be filed. Carried all t'ive Council present voting aye. CITY (LFLia ALSTON presented the Affidavit of Publication of Resolu- 'Licrz of Intention No. 7428 ("C" Avenue Between 15th Street and 16th Street). Moved by Hart, seconded by Hollingsworth, the Affidavit be filed. CITY CLERss ALSTON presentee, the Affidavit of Mailing Notices of the Aaoption of Resolution of Ir_t<ntion No. 7428 ("C" Avenue Between 15th and 16th Street). Moved by Hart, seconded by Hollingsworth, the Affidavit be filed. Carried, all the Council present voting aye. 3/17/59 329 CITY CLERK ALSTON presented -the Affidavit of Mailing Notices of the Adoption of Resolution of Intention No. 7443 ("A" Avenue Between 24th Street and 26th Street). Moved by Hollingsworth, seconded by Hart, the Affidavit be filed. Carried, all the Council present vot- ing aye. CITY CLERK ALSTON presented the Affidavit of Mailing Notice of the Hearing (Highland Avenue from 4th Street to 8th Street). Moved by Fessman, seconded by Hart, the Affidavit be filed. Carried, all the Council present voting aye. HEARING ON NOTICE OF FILING OF ASSESSMENT, 20th Street, "A" and "B" Avenues, was held at this time. There were no written protests re- ceived. DOROTHY COVEY, 1911 "B" Avenue, was present and stated she wished to know why some of the trees in the block where she lives were removed and others were not. CITY ENGINEER LILL stated the trees would only be removed if it was necessary in order to do the work. MAYOR HODGE suggested Mrs. Covey go to the Engineering De- partment at the close of the meeting and they could no doubt give her an explanation why the trees had to be removed_. Moved by Hol- lingsworth, seconded by Fessman, the hearing be closed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. Moved by Hollingsworth, se- conded by Hart, this be referred to the City Attorney for the next tep. Carried, all the Council present voting aye. COMMUNICATION .'HOM TOM LEONARD was read relative to the Maytime Band r_ iew. No higher type of leadership can be found anywhere than in Ozzie's and Bonham's bands. Consideration also should be given to all other sponsored bands, including such as the Shrine Band and Bagpipe Bands. Moved by Fessman, seconded by Hollingsworth, the com- munication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM OZZIE WISSELL AND DICK AMBROSE was read relative to sponsored bands being prohibited from competing in the Maytime rand Review. It is urged the Council request the Chamber of Commerce to change their down -hill course before the Maytime Band Review be- comes anything less than the now great attraction. Moved by Hollings- worth, seconded by Fessman, the letter be filed. Carried, by the following _Vote .,o-wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: HA:ri . A'b c nt: Allen. NO`T!CE F1'C11 THE LEAGUE OF CiLLIFORNIA CITIES was read, announcing the ,meeting Friday evening, March 20th, at the El Cortez Hotel, San D i.egc . MAN COPY OF CWMUNICAMON FROMASSEM_T/HEGLAND addressed to Mrs. Baeder, Li-brarian,. was read, relative to the proposed library legislation.. Moved by Hart, seconded by Fessman, the communication be filed, Carried all the Council present voting aye,. 3/17/59 330 NOTICE OF MEETING OF UNITED STATES CONFERENCE OF MAYORS to be held at the Statler Hilton, Los Angeles, July 12th to 15th, was presented, and ordered filed. CITY CLERK ALSTON stated she has the financial statement of the State Compensation Insurance Fund for the period ending December 31, 19589 and it will be on file in her office. COMMUNICATION FROM MRSi J.E.CUSACK, 2937 National Avenue, was read, -f;ating she wishes to improve her property at 30th Street and "A" Avenue. When the United States Government acquired property adjoin- ing Mrs. Cusack's property, "A" Avenue was closed leaving no aocess to her property. Access through the housing project to "A" Avenue is requested. Moved by Hart, seconded by Fessman, the communication be referred to the City Engineer and the City Manager. Carried,all the Council present voting aye. CITY MANAGER BIRD stated he has received a tentative lighting plan and cost on a tentative basis for the lighting of Highland Avenue from 18th Street to 4th .Street, and recommended it be referred to the Finance and Budget Committee. Moved by Fessman, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had an easement from the Hobart In- vestment Company regarding the realignment of a sewer east of Palm Avenue, and recommended it be referred to the City Attorney for the preparation of a resolution of acceptance. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has received four supplementary copies o4 tie x..'"�. e. h.C'r^.,..-.LZj e.67°v. JmEzi u f 3' ,`le .,u1 t.t.'tc '+t3 charged by the County of ;pan Diego to the City of National City. Mr. Bird stated we requested these agreements in order to cut the cost of our pre -physical examination on our employees which are to be hired; and the County has agreed to handle it, The City Manager re- commended the agreement be _referred to the City Attorney. Moved by Fessman, seconded by Hart, the agreement, be referred to the City Attorney. Ca.:ried, all the Council present voting aye. CITY MANAGER BIRD stated there was held over from the last Council meeting the request which he presented to the Council so they could study tie rules and regulations which he recommended be promulgated as an interim until an ordinance could be drafted by the Attorney's office as an amendment to the Building Code to take care of the building of homes in undesirable locations. COUNCILMAN FESSMAN stated in the last line cf the third paragraph of the rules where it states, "as such property being subject to inundation the same 3/17/5 9 131 shall be recorded with the County Recorder" he shou1a 1..sca to add: "at the expellee of the applicant" `in other words the recording f& be paid by the applicant. Moved by Hart, seconded by Hollingsworth, this be held over until we have a full Council. Carried, by the following vote to -wits Ayes: Hart, Hollingsworth, Hodge. Nays: :,-,ssman. Absent: Allen. Moved by Hollingsworth, seconded by Fess- :,an, the previous motion be rescinded. Carried, by the following -vte to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Hart. '^sent: Allen. Moved by Fessman, seconded by Hollingsworth, there -we added words which state: "it shall be recorded with the County Recorder at the expense of the applicant, or that he will pay the recording fees." Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Hart, Absent: Allen. COUNCILMAN FESSMAN stated he thought it was the intention of the City Manager, City Manager's office and Building Inspector to have the purchaser of a house that has been built, or the second purchas- er on notice there was such a risk of inundation to that property Attorney when he bought the place, and it be understood by the City Y when he prepares the Ordinance, it be incorporated so it is very plainly stated and is changed in such a manner to make it plain so there will be no misunderstanding as to the way it is handled in the recording. We are trying to protect the second, third and fourth owner, not the man who built the house on speculation and sale. Moved by Fessman, seconded by Hollingsworth, the City Council ap- prove these rules incorporating the intent of the Council as will be drawn up by the Attorney to protect subsequent buyers of houses who will come under this condition. Carried, by the following vote to - wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Hart, Absent: Allen. REPORT PROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 643 signed by Jack Dembo relative to the property located at the northwest corner of Sixteenth Street and "A" Avenue, located in an R-4, Multiple Residence District. Peti- tioner is requesting permission to use the described property as a miniature golf course. The Commission recommended the variance be granted. Moved by Hart, seconded by Hollingsworth, the recommenda- tion of the ±fanning Commission be approved, and referred to the City Attorney for the preparation of a resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING CO1IISSION was read regarding the request of Jack Dembo petitioning the closing of "A" Avenue between 15th and 16th Streets. It was the recommendation of the Commission the closing be denied as they felt this dedication should be retained by the City for possible entrance'nto Kimball Park at/1ome9future 332 date. Moved by Hart, seconded by Fessman, the recommendation of the Planning Commission be approved, and the closing denied. ED- WRD J. SCHWARTZ., Attorney for Mr. Dembo, was present and stated he would like to request, on behalf of Mr. Dembo, the Council take no action on this until Mr. Dembo can be present to answer any (11,:estions the Council might wish to ask. COUNCILMAN HART with- c'_rew his motion. COUNCILMAN PESSMAN asked if Mr. Dembo was present _., the Planning Commission meeting when his request was denied. s_?iORNEY SCHWARTZ stated he was not, he had no notice of the meet.- :i?g. COUNCILMAN FESSMAN withdrew his second to the motion. Moved '„y Hollingsworth, seconded by Fessman, this be referred to the Plan- ning Commission for further consideration and that Mr. Dembo be not- ified when that period of time will be. Carried, all the Council present voting aye. RESOLUTION NO. 7447 was read, "RESOLUTION CONFIRMING ASSESSMENT (Twentieth Street, A and B Avenues)." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. .Absent: Allen. Moved by Hart, seconded by Hollingsworth, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:41 P.M. , CITY OF NA CALIFORNIA ATTEST: -CITY CLERK 3/17/59