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HomeMy WebLinkAbout1959 03-24 CC MIN333 National City, California, March 24, 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, Hollingsworth, Hodge. Council members absent: Allen, Hart. ADMINISTRATIVE 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 regular meeting of March,:17, 1959, be approved. Carried, all the Cdunril present voting aye. RESOLUTION NO. 7448 was read, accepting an easement from Hobart In- vestment Company, dated March 9, 1958. Moved by Fessman, seconded by Hollingsworth the Resolution be adPpted. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hollingsworth, Hodge,, Nays: Nonei Absent: Allen, Hart. RESOLUTION NO. 7449 was read, granting a special zone variance per- mit to Jack Dembo for the purpose -of using the property at the Northwest corner of 16th Street and "A" Avenue as a miniature golf course. Moved by Fessman, secondedYby Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. RESOLUTION NO. 7450 was read, aebepting a grant deed from Guy C. and Constance C. Wilson; and Ralph E. and Leone N. Young, dated April 21, 1958. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge, Nays: None. Absent: Allen, Hart. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 707 OF NATIONAL CITY TO REGULATE; PREPARED FOOD VENDING VEHICLES," was pre- sented for the first reading, and read in full. Moved by Fessman, seconded by Hollingsworth, the ordinance be changed so prepared foods shall show thereon the date and tide ,of preparation and -:also a litter can provided on tie trucks, one at least the size.tsf.a Mallon can. Carried, bar the following vote to..wits Ayes Fessman, Hollingsworth. Naye: "Hodge,,. Absent; Allen, Hart. OttDTI ANCE I o. , "AMENDING NATIONAL CITY ORDINANCE N0. 708 TO CHANGE THE LICENSE FEE FOR OHILDRENSAMUSEMENT MACHINwas presented for the second and fina:. reading4 Moved by Hollingsworth, seconded by the reading di' the Ordinance'be waived.and.it be adopted by title tnly._ Carried, all the Council present voting; aye. 3/24/59 r9-/>,,,z 334 ORDINANCE NO,. 942, "AMENDING NATIONAL CITY ORDINANCE NO. 708 TO CHANGE THE LICNSE FEE FOR CHILDRENS AMUSEMENT MACHINES." Moved by Hollingsworth, seconded by Fessman, the Ordinance be adopted. Ca::filed, by the following vote to -wit: Ayes: Fessman, Hollings- worth, Hodge. Nays: None. Absent: Allen, Hart, Cv"'Y CLERK ALSTON stated the request of Eleanor French, Personnel C'l1.°k, resigned, to be placed on the reserve list, was laid over 1 approval of the department head and the Civil Service Commies - The request has been approved by the Civil Service Commission, a„a City Clerk Alston. Moved by Hollingsworth, seconded by Fessman, 7'_:e request of Mrs. French be approved. Carried, by the following vote to -wit: ,Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, submitting fer the approval of the Council that the words "under the direction of the Park Supt." be deleted from the specifications for Custodian, Janitor, and Maintenance of City Buildings. This recommendation is made in order that the classification will apply to all depart - merits. Moved by Hollingsworth, seconded by Fessman, this be laid over until the next meeting. Carried, all the Council present vot- ing aye. ATTORNEY OURRAN reported Industrial Indemnity Company has issued a Certificate of Insurance showing that Nalco Distributors, Inc., has the statutory California compensation employer's liability as required by law, and recommended the Certificate be filed. Moved by Fessman, seconded by Hollingsworth, the Certificate of Insur- ance be accepted and filed. Carried, all the Council present vot- ing aye, ATTORNEY CURRAN stated he has examined the supplemental agreement for health services to be furnished by the County of San Diego to the City of National City in order to provide for laboratory ser- vices. There is one clause which is objectionable, and recommended the contract be amended, and as amended it be approved by resolu- tion. Moved by Fessman, seconded by Hollingsworth, the recommen- dation of the City Attorney be approved. Carried, all the Council present voting aye. HEARING ON 1911 IMF 'OV MENT ACT ON "C" AVENUE BETWEEN 15TH STREET & 16TH STREET was held at this time. There were no written pro - to -':s and no one wa present objecting to the improvement. Moved by Fessman, seconded by Hollingsworth, the hearing be closed and the Improvement Act of 1911 en "C" Avenue between 15th & 16th Streets proceed. Carried, all the Council present voting aye. 3/24/59 335 ATTORNEY CURRAN stated he has reviewed the Small Craft Harbors Com- mission meeting minutes held in Sacramento on February 16th, and re- commended they be filed. Moved by Hollingsworth, seconded by Fess- man, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to the City Attorney and City Engineer the matter of a report as to the City's responsibility when a house is built in a hole. The law on the subject is that ,,'hen a house is built below the grade of the street the City is not bound to protect that house or any other building from surface water. The person who is so unfortunate as to own property that is t3low the level of the grade simply have to bear that burden. How- ever, in the event the City undertakes to do work of improvement on the street or make changes then there are certain circumstances in which the City can become legally responsible in the event the water goes frem the improved street onto the premises of the party who has built below grade. MARTHA CLARK, 2133 National Avenue, was present and stated she would like to know whether our local Fire Inspector and our local Building Inspector inspect the schools in National City. CITY MANAGER BIRD stated our local Fire Inspector does inspect the school at the re- quest of the School Board, usually prior to budget session whereby they can set forth any requirements that might possibly need expen- diture of funds. In the matter of the Building Inspection Depart- ment, the State of California took away from the jurisdiction of the local Building Departments the inspection of schools. MAYOR HODGE suggested Mrs. Clark take any matters in regard to schools to the School Board. CITY CLERK ALSTON stated the following bids were opened yesterday for Comfort Stations: L. J. NINTEMAN CONSTRUCTION COMPANY, INC., $36,657; SELPH'S BUILDING CONSTRUCTION, $31,495; LEE J. MORGAN, $32,861; GRAY, STANFIELD & CRITTENDEN, 31,998; ART A. GUSSA,$35,192• COMMUNICATIONFROM CALIFORNIA WATER & TELEPHONE COMPANY in regard to the Tentative Map of Beth's Wedding Subdivision was read. At the present time there are no services installed to the lots in this subdivision. Upon deposit of the funds required for installation of the services in this subdivision water service will then be avail- able to all of the lots shown on the map. Moved by Hollingsworth, seconded by Fessman, the communication be filed, Carried, ail the Council present voting aye. 3/24/59 336 COMMUNICATION FROM CHARLES L. SIEVES was read, stating as spokes- man for the citizens in the northeast section of National City, he would like the Council to stipulate the amount of money which is to be spent on El Toyon Park development now that the 65 acres have been sold. COUNCILWOMAN HOLLINGSWORTH stated she did not think this could be answered as yet, the money has not been received and no particular plans have been made except the plans made by the City Planner for the park, and there has not been a Finance Committee 7qaeting for some weeks. Moved by Hollingsworth, seconded by Fess- man, the letter be filed until after a Finance Committee meeting has been held. MR. SIEVES, 1725 La Posada Street, was present and sta- ted many times when different citizens came to the meetings they ..ave been told that the money obtained from the sale of these 65 acres would be in turn for the development of the El Toyon Park. We, in the area, would like something specific named; a specific amount of money. We will, of course, be glad to wait until the Fi- nance Committee studies this matter, but we would also like a date when we will be given this information, not just an ambiguous time. MAYOR HODGE stated Mr. Steves would be welcome to attend the meeting of the Finance Committee. COUNCILWOMAN HOLLINGSWORTH, Chairman of the Finance Committee, stated they are having a meeting after the Council meeting. Carried, all the Council present voting aye. COPY OF LETTER TO BOARD OF SUE RVISORS FROM DEPARTMENT OF rUBLIC WORKS was read in regard to obstructions in Sweetwater River stream bed.. The matter has been investigated and they found a recent en- croachment in the stream bed Immediately East of the bridge under Highland Avenue. In the general area between Edgemere Avenue and National Avenue they found encroachments in the stream bed. They believe the encroachment of structures and places of public assem- bly in the flood plain of the Sweetwater River, as listed in their report, and in the flood plain of other streams in the unincorpora- ted area of the County is a cause for concern. It was suggested the problem be referred to the County Counsel and to the County Planning Commission for a study as to the desirability of flood plan zoning similar to that in effect in Los Angeles County. Moved by Fessman, seconded by Hollingsworth, the communication be filed. Carried, sal the Council present voting aye. NUTI,E OF GOOD FRIDAY WORSHIP SERVICE at First Methodist Church, from 12:00 to 3:00 P.M., was read. COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL was read, stating if the Council acts promptly there is still time to write to their Legislators. A seoond session of the hearing on SB 75 will be held 3/24/59 337 April 7th. Moved by Hollingsworth, seconded by Fessman, the com- munication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY FUCHSIA CLUB was read relative to the Second Annual Flower Show. They request the City to co-spon- sor, through the Park and Recreation Department, together with the National City Kiwanis Club, and Fuchsia Club, for the Flower Show. They would also like use of the Community Building, Main Hall and Annex, for June 20th and 21st; also use of the building for enter- ing of plants on Friday evening, June 19th. Moved by Fessman, se- conded by Hollingsworth, the communication be referred to the Supt. of Parks for checking to see if there are any conflicting dates, and if not, that permission be granted. Carried, all the Council ?resent voting aye. CITY CLERK ALSTON stated she received two deeds from the Union Title Insurance Company, both from John H. Fuson, Jr. and Marilyn M. Fuson, which are for drainage purposes. Moved by Hollingsworth, seconded by Fessman, the deeds be referred to the City Attorney to prepare the necessary resolution of acceptance. Carried, all the Council present voting aye. CITY ENGIINTEER LILL reported that Highland Avenue between 8th Street and 18th Street is practically completed on the East half. CITY MANAGER BIRD announced that all the City and Municipal Offices will be closed, Friday at 12:00 noon until 3:00 P.M., in observance of Good Friday. COMMUNICATION PROM CALIFORNIA WESTERN STATES LIFE INSURANCE COMPANY was read, in regard to the City's group policy. Due to the exten- sive use of the plan by employees and their dependents it is found necessary to adjust the premium rates effective April 1, 1959, as follows: Classification new rate, employees $8.25, employee and one or more dependents $16.95. As the group life and accidental death and dismembered premiums are not being changed by this exper- ience rating they are not included in the rates above. CITY MANAGER BIRD stated that upon receipt of this communication he called a meet- ing of the Board of Directors of the Employees Association, at which Mr. Kern of the underwriting company was present. He explained in dat it what had happened and what perhaps might happen and what the inn -ease in premiums would be, etc. It was decided the matter would be taken before the Municipal Employees Association. C0IvThUN- ICAlIOA FROM MUNICIPAL EMPLOYEES ASSOCIATION was read stating due to the short notice and atsence of a better policy the employees have voted to continue their group insurance policy with the Calif- ornia -Western States Life Insurance Company. It would be apprecia - 3/24/59 338 ted if the Council members would consider paying 50% of the in- creased cost for employees as the City has been doing on the prem- ium now in effect. CITY NIANAGER BIRD stated they are asking that the City add to that portion which the City pays $.53 per month per employee, which amounts to $66.78 increase per month on the cover- age of our group insurance. It was the Manager's recommendation the Council consider the request of the Employees Association and so approve their request. Moved by Fessman, seconded by Hollings- worth, the City Manager's recommendation that the City will pay one-half of the employees group insurance be approved. Carried, all the Council present voting aye. COI'MUNICATION FROM MUNICIPAL 'MPLOYEES ASSOCIATION was read stating at the meeting on March 2nd of the Employees Association it was re - quested consideration be given by the Council in establishing the total accumulative sick leave to a total of 90 days instead of 60 days which is permitted at the present time. CITY MANAGER BIRD recommended this request be referred to Finance and Budget Commit- tee. Moved by Fessman, seconded by Hollingsworth, the recommenda- tion of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the acceptance of the bid of Selph's Building Construction Company for the installation and construction of the comfort stations in the three City parks, and the City At- torney be authorized to prepare the necessary resolution of accept- ance. Moved by Fessman, seconded by Hollingsworth, the recommen- dation of the City Manager be approved. Carried, all the Council present voting aye. MEMORANDUM FROM CITY T UASURER HOLGATE was read requesting approval of one week's vacation beginning April 6th. Moved by Fessman, se- conded by Hollingsworth, the request be granted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. CITY MANAGER BIRD stated he is in receipt of two contracts from the Division of Highways. COMMUNICATION PROM DIVISION OF HIGHWAYS was read regarding the Memorandum of Agreement providing for expendi- ture of gas tax allocation for Major City Streets for the 1960 Fis— cal Year in the City of National City. CITY MANAGER BIRD recom- mended the City Council approve these contracts and the Mayor be authorized to sign the necessary resolutions. Moved by Fessman, seconded by Hollingsworth, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. 3/24/59 339 RESOLUTION NO. 7451 was read, "ADOPTING BUDGET AND APPROVING MEMO- RANDUM OP AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS." Moved by Fessman, seconded by Hollingsworth; the Resolution be adopted. Carried, by the following vote to -wit: Ayes, Fessman, Hollingsworth, Hodge. Nays: None. Absents Allen, Hart. COMMUNICATION FROM DIVISION OF HIGHWAYS was read relative to Memo- randum of Agreement providing for expenditure of the Engineering allocation to Cities under Section 2107.5 of the Streets and High- ways Code for the 1959-60 fiscal year, in the City of National City. CITY MANAGER BIRD recommended the proper authorities be authorized by the Council to sign the necessary resolution. Moved by Fess- man, seconded by Hollingsworth, the recommendation of the City Man- ager be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. RESOLUTION NO. 7452 was read, "ADOPTING BUDGET AND APPROVING MEMO- RANDUM OF AGREEMENT FOR EXPENrDITURE OF FUNDS ALLOCATED UNDER SEC- TION 2107.5 OF THE STREETS AND HIGHWAYS CODS'." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. REPORT FROM CHIEF OF POLICE SMITH was read relative to the 35 mile speed zone on National Avenue in the vicinity of 21st Street. 0n March 19th a radar survey was conducted in this area; during this survey vehicles travelling both North and South on National .Avenue were recorded by the radar equipment and the tape clearly indicates a msximum speed by one or two vehicles of 36 miles per hour. In view of this survey it is recommended that no change be made at this time from the present 35 mile hour zone at this location. Moved by Hollingsworth, seconded by Fessman, the recommendation of Chief Smith be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the communication from Mrs. J. E. Cusack in which she stated she wishes to improve her property at 30th and "A" Avenue; an investigation was made of the area on cwro J4.fferent occasions by the City Manager, the City Engineer and City Planner. In absence of a direct plan of what the owner of the property ultimately contemplates doing with her property, it was re- commended Mrs. Cusack be granted a revokable access permit to her property from the housing area of "A" Avenue. Mr. Bird said the reason is he not wanting to make a recommendation that Mrs. Cusack, at this particular time, be r3quested to deed a street or portion 3/24/59 340 of the street to the City, is because her plan and the City's plan- ning is not far enough advanced to request such a street opening. Moved by Hollingsworth, seconded by Fessman,the City Manager's re- commendation be approved. COUNCILMAN FESSMAN stated he would like to know if the maintenance of this easement and the construction cf a driveway or road would be the owner's responsibility ar the City's, CITY MANAGER BIRD stated it was not the intention of the City to do any work in this particular project, we would merely be giving a re- v?kable permit for access across approximately 30 feet of unoccupied City housing land. COUNCILMAN FESSMAN asked if this City owned land is traversable, can you drive over it at the present time without having any work done on it. CITY MANAGER BIRD said "yes" with the e-Iception of a curb cut. Carried, by the following vote to -wit: �yess Fessman, Hollingsworth, Hodge. Nays: None. Absent; Allen, Hart,: CITY MANAGER BIRD stated he had a communication from the League of. California Cities in regard to their program relative to the one cent gas tax increase. To date a number of cities have indicated approval of the League's proposed highway legislative program for 1►959. Support of the program has not been great enough to indicate to State Legislators that cities are in actual need of additional revenue to cope with their present and future street needs. Follow- ing discussions by members of the League Board of Directors and the League Staff with members of the Legislature the proposed program in respect to a one cent increase in gas)line tax has been modified; and Legislators willing to introduce a bill insist that it must have complete support of cities and counties and that the only measure acceptable must contain provision for city and county sharing, Leg- islators feel there must be a matching requirement for additional funds. Legislation that one of the legislators is willing to intro- duce, provided it has substantial city council support in advance is to increase state gasoline tax one cent, cities to receive six - tenths of the one cent increase, counties to receive four -tenths of the one cent increase. The additional revenue may be used for con- struction purposes on any street or road. The additional revenue rust be matched by the local construction expenditure. COUNCILMAN .e SSMAY said he thought this is something that requires some study and t.iat probably a report should be brought back to the Council by the appropriate office, probably the City Manager's office. Mr. Fessman said he would like to have a study made as to how much gaso- line is sold in National City and even some of the adjacent areas. COUNCILWOLAN HOLLINGSWOR'TH atatcd she is very much opposed to it. MAYOR HODGE stated he thought we should appoint a committee of 3/24/59 341 citizens to study this problem. Moved by Fessman, the Mayor be appointed to appoint such a committee, and suggest that som of the members be from the retail gasoline industry. Motion died for lack of a second. Moved by Fessman, seconded by Hollingsworth, the report be filed.. Carried, all the Council present vot ig aye. CITY MANAGER BIRD asked if there would be a Finance Committee meet- ing today. COUNCILWOMAN HOLLINGSW0RTH, Chairman of the Firance T'-yrmittee, said there would be if Councilman Fessman was willing to attend. Mr. Fessman said he would. REPORT FROM THE NLANNITG COI FISSION was read regarding grant deed received from Paul D. and Ruth M. Preston for an additional 56 foot -'.e ication of the east half of "M" Avenue, 30 feet in width, North 26th Street. The Commission recommended acceptance of the deed. Moved by Fessman, seconded by Hollingswort'_i, the Planning' Commiss- ion's recommendation be approved and the deed accepted and referred to the City ;attorney for the preparation of a. resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding grant deeds received from Chester and Mae Robinson, Harold and Fern Sendt, Ro- bert and Margaret Bell, and Victor and Emelia Crtumo for the West half, 30 feet in width, of Rachael Avenue extending 290 feet North of 8th Street. The Commission recommended the deeds be accepted. Moved by Hollingsworth, seconded by Fessman, the Planning's recom- mendation be sustained and referred to the City Attorney for the proper resolution. Carried,- all the Council present voting aye. REPORT FROM THE PLANTING COMMISSION regarding Application for Zone Change signed by Charles 0. and Adelaide L. Powers relative to the property lying south of the property known as 1845 South 43rd Street, was read. Petitioners are requesting a zone change from an R-1, Single Family Residence District to a C-3, General Business District. Two public hearings were held. There has been no oral or written protest to the request and the Planning Commission re- commended requested zone change be granted. Moved by Hollings- worth, seconded by Fessman, the City Clerk advertise for a public hearing for a public hearing for this zone change for April 14th. Carried, all the Council present voting aye. RiPOR2 FROM THE PLANNING COMMISSION was read regarding Application for Zone Change signed by H.R. and J.V. Klein relative to the prop- erty at the Northwest corner of Euclid Avenue and Division Street. Petitioners are requesting a zone change from an R-1, Single Fam- ily Residence District to a C-2, Limited Business District. First 3/24/59 342 public hearing held February 24, 1959, and recessed to February 26, 1959. Second public hearing held March 23, 1959. According to petitions received up to the March 23rd meeting 44% of the property owners within 300 feet of the property do not object to the change with 48% of the owners voicing opposition. The Commission recom- mended denial of the application. RESOLUTION NO. 7453 was read, "RESOLUTION ORDERING WORK ("C" AVE- Nue Between 15th Street and 16th Street)." Moved by Fessman, se- conded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Allen, Hart. Moved by Fessman, seconded by Hollingsworth, the meeting be closed. COUNCILWOMAN HOLLINGSWORTH said there would be a Finance Committee meeting in ten minutes. Carried, all the Council present voting aye. Meeting closed at 3:04 P.M. ATTEST: _1- CITY CLERK MA OR, CITY OF NATIO'NAL CITY, CALIFORNIA