HomeMy WebLinkAbout1959 04-07 CC MIN343
National City, California, April 7, 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,
Lill, Stockman.
The meeting was opened with pledge of allegiance to the Flag by
City Manager Bird, followed with invocation by Rev. Erny.
COUNCILWOMAN HOLLINGSWORTH stated on page 333 of the minutes of
March 24th, next to the last line it should show the motion was
seconded by Fessman instead of by Hart. Moved by Hollingsworth,
seconded by Fessman, the minutes of the regular meeting of March
24, 1959, be approved with the corrections as stated. Carried,
all the Council members present voting aye with the exception of
Councilman Hart who abstained from voting.
RESOLUTION NO.7454 was read, accepting grant deeds from the fol-
lowing: Chester & Mae Robison; two from Harold & Fern Sendt;
Robert & Margaret Bell; Victor & Emelia Ortuma; Paul D. & Ruth M.
Preston. 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.
RESOLUTION NO. 7455 was read, approving a contract between the
City of National City and National City Lion's Club, dated April
7, 1959, and the Mayor is authorized and directed to execute the
same for and on behalf of the City. Moved by Fessman, seconded by
Hart, the Resolution be adopted. Carried, by the following vote
to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays, None.
Absent: Allen.
RESOLUTION NO. 7456 was read, accepting the bid of Selph's ',Building
Construction Company for construction of comfort stations in
National City Parks for the sum of $31,495.00. Moved by Hart, se-
conded by Fessman, the Resolution be adopted. Carried, by the
following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, giodge,
Nays: None. Absent: Allen.
RESOLUTION NO, 7457 was read, approving First Supplemental Agree-
ment to Agreement for Public Health Services to be furnished by
the County of San Diego to the City of National,. City, and the Mayor
is authorized and directed to execute the same for and on behalf
of the City. Moved by Hart, seconded by Fessman, the Resolution
be adopted. Carried, by the'followi ng vote to -wit: Ayes:
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Fessman, Hart, Hodge. Nays: Hollingsworth. Absent: Allen.
RESOLUTION NO. 7458 was read, accepting two easements from John
H. Fuson, Jr. and Marlyn M. Fuson, dated February 18, 1959. Moved
by Hart, seconded by Fessman, the Rem lution be adopted. Carried,
by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth,
Hodge. Nays: None. Absent: Allen.
ORDINANCE NO. , " AN ORDINANCE AMENDING ORDINANCE NO. 707 OF
NATIONAL CITY TO REGULATE PREPARED FOOD VENDING VEHICLES," was
presented for the second and final reading. Moved by Hollingsworth,
the reading of the Ordinance be waived and it be adopted by title
only. Motion died for lack of a second.
ORDINANCE NO. 943, "AN ORDINANCE AMENDING ORDINANCE NO.707 OF
NATIONAL CITY TO REGULATE PREPARED FOOD VENDING VEHICLES," was pre-
sented for the second and final reading, and read in full. Moved
by Hart, seconded by Hollingsworth, the Ordinance be adopted.
Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth,
Hodge. Nays: Fessman. Absent: Allen. MRS. SIEH thanked the
Council for adoption of the Ordinance. HENRY BASKIN, 2031 Main
Street, was present, and also thanked the Council for passing the
Ordinance.
REPORT FROM THE CIVIL SERVICE COMMISSION was read, submitting for
the Council's approval that the words "under the direction of the
Park Supt." be deleted from the specifications for Custodian, Jan-
itor, and Maintenance of City Buildings. Moved by Hart, seconded
by Fessman, the recommendation of the Civil Service Commission be
approved. Carried, all the Council present voting aye.
REPORT FROM THE CIVIL SERVICE COMMISSION was read, relative to the
method of procedure they are following for finger printing appli-
cants. For the Police and Fire Departments; after an examination
is scheduled everyone making out an application is finger printed.
All cf the applicants on file are notified of the examination, and
requested to come in and be finger printed if they intend to take
the examination. Recreation Department; all applicants are finger
printed immediately after taking the written test. All Other
Departments; finger prints are taken as soon as the Commission is
dth ised of their appointment. Moved by Hart, seconded by Hollings-
worth, the recommendation of the Civil Service Commission be ap-
proved. Carried, by the following vote to -wit: Ayes: Fessman,
Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen.
HEARING ON 1911 ACT IM2ROVEMLNT OF "A" AVENUE BETWEEN 24TH & 26TH
STREETS was held at this time. CITY CLERK ALSTON stated she re-
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ceived no written,. protests. W.J. BRIGGS, 1027 E. 5th Street, was
present and stated he is in favor of the improvement. No one was
present opposing the improvement. Moved by Hollingsworth, second-
ed by Hart, the hearing be closed and the Attorney be authorized
to proceed with the next step. Carried, by the following vote to -
wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None.
Absent: Allen.
AGENDA FOR TRAFFIC SAFETY COMMITTEE'S MEETING
day, April 8th at 9:30 A.M. was presented.
ATTORNEY CURRAN reported on the matter of the
ment with the South Bay Irrigation District.
which have been made from time to time by the
ants, Stone & Youngberg, have been considered
to be held, Wednes-
Joint Powers Agree -
The recommendations
financing consult -
by the Attorneys
and the i3ngineers and there was a telephone conference call yes-
terday among the various personnel of those agencies involved; as
a result it is anticipated the recommendation will soon be forth-
coming that the Joint Powers Agreement be amended. There are two
amendments with which we are most concerned. The first is that
the agreement to submit bond issues shall be in the sum of
$14,000,000.00 rather than $10,000,000.00 by the South Bay Irri-
gation District; and in the sum of $6,000,000.00 rather than
$5,000,000,00 in National City; also the allocation of the owner-
ship of the jointly owned facilities would be changed so that
roughly the division of ownership would be 70% to South Bay and
30% to National City. The representatives of the financing con-
sultant expect to be here in the next several weeks and there will
be further developments at that time.
ATTORNEY CURRAN stated he received a Sidewalk License Bond of Sam
Giardina issued by Fidelity and Deposit Company of Maryland; it
satisfied the requirements of Ordinance No. 243 and recommended it
be approved and filed. Moved by Hart, seconded by Fessman, the
recommendation of the City Attorney be approved. Carried, all the
Council present voting aye.
ATTORNEY CURRAN reported he received a notice of a hearing before
the Public Utilities Commission in the Matter of the Application
of Southern Counties Gas Company for a Certificate of Public Con-
venience and Necessity and also for authorization to increase the
facility charge to San Diego Gas and Electric Company. The possi-
bility of this matter was considered at the rate hearing which the
Public Utilities Commission conducted on the application of the
San Diego Gas & Electric Company, and the City Attorney did not
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feel it was necessary to attend the hearing, and recommended the
notice be filed. Moved by Fessman, seconded by Hart, the notice
of the hearing be filed. Carried, all the Council present voting
aye.
ATTORNEY CURRAN stated there was referred to him by the City Clerk
a claim verified by Mrs. Gayle Wagner wherein she seeks damages
against the City of National City for injuries alleged to have
been suffered at Kimball Park. No action is necessary on the claim
at this time.
BILLS AUDITED BY THE FINANCE COMMITTEE presented:
General Fund $25,913,12
Traffic Safety Fund 3,417.33
Park Fund 480.05
Retirement Fund 18,578.44
Harbor Fund 6,077.34
Special Street Fund 9,535.37
Drainage Fund 7,812.65
Right of Way Fund 31.50
Payroll Fund 83,127.10
:154, 972.90
Moved by Hollingsworth, seconded by Fessman, the bills be approved
for payment, and warrants ordered drawn for same. Carried, by the
following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge.
Nays: None. Absent: Allen.
RESOLUTION NO. 7459 was read, authorizing and approving the follow-
ing expenditures from the Capital Outlay Fund: Edward Arregui,
$170.00, refund on sewer permit fee;Stanley Dodge Plymouth,
$2,057.82, for new car. Moved by Hollingsworth, seconded by Hart,
the Resolution be adopted. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent:
Allen.
CITY CLERK ALSTON reported a claim by William and Gayle Wagner,
1440 E. 8th Street, was made against the City in regard to damages
from an accident in Kimball Park. Moved by Hollingsworth, seconded
by Hart, the claim be referred to the City Attorney. Carried, all
the Council present voting aye.
APPLICATION FOR EXCAVATION P:LRMIT by Luis Livag was presented.
CITY CLERK ALSTON stated copies of the application were referred
to the City Engineer, City Manager and Street Supt. in conformance
with our Ordinance.
AITrLICATION FOR OFF -SALE BEER & WINE BEVERAGE LICENSE by Food King
#1, 41 E. 8th St., was presented. REPORT FROM POLICE DEPT. stated
investigation fails to disclose any grounds for protest of the
application. Moved by Hart, seconded by Hollingsworth, the appli-
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347
cation be filed. Carried, all the Council present voting aye.
COMMUNICATION FROM CITY CLERK ALSTON was read requesting, after
the approval of the City Attorney, she be allowed to destroy cer-
tain documents. Moved by Hart, seconded by Hollingsworth, the re-
quest be referred to the City Attorney. Carried, all the Council
present voting aye. CITY CLERK ALSTON stated the Clerk's Office
is in the process of reorganizing the vault and microfilming re-
cords. Today two rolls of microfilm were returned from being de-
veloped and she is quite anxious to view them to see the results,
hoping Council and the Attorney will approve the destruction of
more records.
CITY CLERK ALSTON presented the Affidavit of Mailing Notice of Use
District Hearing for 1805 S. 43rd Street. Moved by Hollingsworth,
seconded by Hart, the Affidavit be filed. Carried, all the Coun-
cil present voting aye.
NOTICE OF MEETING OF SMALL CRAFT HARBORS C01ISSION to be held
April 20th at Santa Barbara, was presented. Moved by Hart, second-
ed by Hollingsworth, the notice be filed. Carried, all the Council
present voting aye.
NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY of a meeting of the
Finance and Insurance Committee of the Board of Directors to be
held Thursday, April 9th at 5:00 P.M. in the board room of Author-
ity headquarters, was presented. i"ioved by Hollingsworth, seconded
by Hart, the notice be filed. Carried, all the Council present
voting aye.
MINUTES OF METING OF SMALL CRAFT HARBORS COYMISSION held in San
Diego March 16th was presented, and City Clerk Alston recommended
they be referred to the City Attorney. Moved by Hart, seconded by
Fessman, the minutes of the Small Craft Harbors Commission be re-
ferred to the City Attorney. Carried, all the Council present
voting aye.
ANNUAL REPORT OF LOCAL PLATTNING OFFICE OF CALIFORNIA PLANS for fas-
cal year 1957-58 was presented, and will be on file in the City
Clerk's office.
PTCTICE OF MEETING OF IRRIGATION DISTRICT OFFICERS ASSOCIATION to
be held, Wednesday, April 22nd at the San Diego Country Club at
7:1.5 P.M., was read. COUNCILMAN FESSMAN asked if it would not be
advisable if some representative from the City attend the meeting.
MAYOR BODGE stated any Council member who would care to go will be
welcome; also he thought both he and the City Attorney will attend.
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The notice was ordered filed. COUNCILMAN HAlT..excused.
CITY CLERK ALSTON stated she received a tax statement from the
County Tax Collector for property which was dedicated to the City
of National City as Sheryl Lane, and suggested it be r-eferred to
the Attorney to prepare a resolution requesting the Board of Super-
visors to cancel the taxes. Moved by Fessman, seconded by Hollings_-
worth, the City Clerk's recommendation be approved. Carried, by
the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge.
Nays; None Absent: Allen, Hart.
CITY CLERK ALSTON presented the Affidavit of Publication of Resolu-
tion of Intention for 1911 Act Improvement on "A" Avenue between
24th and 26th Streets. Moved by Hollingsworth, seconded by Fessman,
the Affidavit be filed. Carried, all the Council present voting
aye.
COUNCILMAN HART present.
COMMUNICATION FROM HERMAN WILLIAMS was read, stating he is a blind
person and would like to get a license or permit to sell notions
in the South Bay Plaza. Moved by Fessman, seconded by Hollings-
worth, this matter be referred to the South Bay Plaza Management,
and a copy of the letter be sent to Mr. Williams, and if he does
not get a satisfactory answer he be instructed to contact the State
Aid for the Blind, or assistance in that project; also he be in-
formed we have an ordinance which does not permit an operation such
as he contemplated on City streets. Carried, all the Council pre-
sent voting aye with the exception of Councilman Hart who abstained
from voting.
CITY CLERK ALSTON stated she received a notice from the Army Corps
of Engineers regarding the installation of mooring buoys and re-
ferred it to the City Engineer. REPORT FROM CITY ENGINEER LILL
stated the proposed buoys are in North San Diego Bay near Point
Lama and do not concern the City of National City. Moved by Hol-
lingsworth, seconded by Fessman, the notice be filed. Carried,
all the Council present voting aye.
CITY MANAGER BIRD stated with relation to the occupancy of the San
Hugo Gas & _61ectric Company on our tidelands it becomes necessary
tHey be ,granted. a license to have the California Water & Telephone
Company lay a line for them from an extension of our W. 24th Street
line to their property, and recommended the City Attorney be au-
thorized to prepare such a license. Moved by Hart, seconded by
Fessman, the City Mana;er's recommendation be approved. Carried,
all the Council present voting aye,
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349
CITY MANAGER BIRD reported he received a notice from the Public
Utilities Commission in the matter of the Pacific Telephone and
Telegraph Company for authority to establish a typical schedule
of rates for street address telephone directory service and re-
vised rates for certain street address telephone directories, and
recommended it be referred to the City Attorney. Moved by Fessman,
seconded by Hart, the notice be referred to the City Attorney.
Carried, all the Council present voting aye.
CITY MANAGER BIRD stated there has been returned to the City the
fully executed agreements on the expenditure of gas tax for the
period of 1959-1960, duly executed by the Division Authority, Mr.
Dekema, District Engineer; also on the matter of engineering allo-
cation expenditures, and recommended they be received and placed
on file. Moved by Hart, seconded by Fessman, the City Manager's
recommendation be followed. Carried, all the Council present
voting aye.
COMMUNICATION Paopaon STATE BOARD OF EQUALIZATION was read regarding
accelerated transmittal of local sales tax collections to the City.
CITY MANAGER BIRD recommended it be referred to the City Attorney
for a report at the meeting of April 14th. Moved by Fessman, se-
conded by Hart, the communication be referredtto the City Attor-
ney for a report. Carried, all the Council present voting aye.
COMMUNICATION FROM DIVISION OE HIGHWAYS was read relative to the
proposed freeway agreement on Highway U.S. 101 between the South
City limits and the North City limits of National City. The agree-
ment was attached and is ready for execution by the City of Natio-
nal City. Moved by Hollingsworth, seconded by Hart, this be held
over until the next meeting. COUNCILMAN FESSMAN stated he will
not be present for several meetings, said he personally was not in
favor of plan, as submitted, and does not think the freeway is
best for National City. COUNCILMAN HART withdrew his second to
the motion. Motion died for lack of a second. Moved by Fessman,
seconded by Hollingsworth, the matter be laid over for three weeks.
Motion lost, by the following vote to -wit: Ayes: Fessman, Hol-
lingsworth. Nays: Hart, Hodge. Absent: Allen. Moved by Hart,
6econded by Hodge, the map be accepted and approved. Motion lost,
by the followng vote to -wit: Ayes: Hart, Hodge. Nays: Fessman,
Hollingsworth. Absent: Allen. CITY MANAGER BIRD asked if the
Council wished to have representatives from the different offices
of the Division of Highways present at the next meeting. MAYOR
HODGE suggested we have Mr. Dekema present. CITY MANAGER BIRD
akked if the Council also wished to have the Chairman of the
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350
Transportation Committee of the Chamber of Commerce present.
MAY0h HODGE said he thought he should be invited, and everyone in-
vited who is interested; it should be publicized in the newspaper
that the matter will be brought on the floor next week and dis-
cussed, so any citizens who wish to attend will be informed of the
meeting.
REPORT FROM THE FINANCE COMMITTEE was read, stating the Committee
recommended the City Manager be authorized to engage an engineering
erew to lay out the immediate proposed improvements in El Toyan
Iark to order the utilities necessary for its operation and to
rent equipment to grade the site for the comfort station, and the
temporary ball field. COUNCILMAN HART asked if this work is to be
done by the Gity engineers, or outside help. CITY MANAGAR BIRD
stated the Committee recommended he be authorized to hire an eng-
ineering crew and our Engineer Dept. is unavailable at the present
time. On the Committee's recommendation and because of the time
element involved, he hired a field crew to do the necessary engi-
neering. The cost is approximately $1,500.00 for engineering.
Moved by Fessman, seconded Ly Mart, the Finance Committee's re-
commendation be approved. Carried, all the Council present voting
aye.
REPORT FROM TIE FIIfANCE COMMITTEE was read stating the Committee
recommended. the Gity Manager and Superintendent of Parks be au-
thorized to prepare a five year and ten year plan for Park and
Recreation development, including the cost of improvements and the
cost of yearly maintenance of same. Moved by Fessman, seconded
by Hart, the Finance Committee's recommendation as to estimates of
cost and maintenance be approved. Carried, all the Council present
voting aye.
REPORT FROM THE FINANCE COMIMIITTEE regarding street lighting on
Highland Avenue from 4th to 18th Street, was read, recommending
the City Manager be authorized to have a contract with the San
Diego Gas & Electric Company prepared for submittal to the Council.
The 4th to 8th Street section is to be installed if, and when,
Highland. Avenue in that area is widened. Moved by Hollingsworth,
c,e, "ti' " n, the: reC:t3tii.'Tiv't'datlen oi Finance '..'�t3M1itee
tie approved. Carried, by the following vote to -wits Ayes: Fess-
man, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen.
CITY MANAGeR BIRD proposed for the Council's consideration, the
City Attorney be authorized to prepare a resolution protesting the
annexation of Ulivewood. Acrer to the City of Chula Vista, which
351
hearing is to be held April 14th at the City Hall in Chula Vista.
Moved by Fessman, seconded by Hollingsworth, the City Manager's
recommendation to have the City Attorney prepare a resolution pro-
testing the annexation bespproved, and a resolution be prepared.
Carried, all the Council present voting aye.
CO"f1rUNICATION F tOM BANK OF AMERICA ESCROW DEPARTMENT was read,
stating they are enclosing the final esrow statement of property
sold to National City Development Company, Macco Construction,
Deed of Trust T'Tote dated March 19, 1959, executed by National City
Development Company in the original amount of $285,000.00 with in-
terest adjusted to March 30, 1959. Attached also was the Note of
th3 Deed of Trust. CITY MANAGER BIRD recommended it be accepted
and turned over tD the City Clerk for safe keeping. Moved by Hart,
seconded by Fessmai; the City Manager's recomra ndation be approved.
Carried, all the Council present voting aye.
C0 t[JNICATION FROM STATE COMPENSATION INSURANCE FUND was read,
stating on March 21, 1958, the first dividend adjustment on the
City's policy year ending July 1, 1957 was made. All claims are
now closed or Nez._aa7.1::L'•l,• evaluated and the final cost of injuries
under this policy determined. Therefore, an additional refund of
1,923.77 was enclosed. This, plus the dividend previously paid,
represents a saving; of $7,837,57, or 55% of the premium earned
under the policy.
COMMUNICATION n Om STATE COMPENSATION INSURANCE FUND was read,
stating the City of National City has qualified for a dividend on
its workmen's compensation insurance policy, and enclosed their
cheek $3,708.91, or 57.54 of the premium paid for the year end-
ing July 1, 1958, The officials and employees of the City of Na-
tional City are to be commended on the successful completion of
another year of effective accident prevention. CITY MANAGER BIRD
recommended the check be accepted and he be authorized to write a
letter of commendation to our Employees Association Safety Commit-
tee. Moved by Hart, seconded by Hollingsworth, the recommendation
of the City Manager be approved. Carried, all the Council present
voting aye,
• :Y MANAGER BIRD stated he would like to have a meeting with the
'irance Committee as soon as possible.
RW-ORT FROM TEE PI,JJ'4NING COMMISSION was read, regarding Application
for Conditional Exception No. 645 signed by J.C. Hennon Cody and
Norma Ie Cody relative to the property located at 1326 "I" Avenue.
Petitioners are requesting a variance in sideywrd setback from
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352
four feet to three feet to enlarge an`txisting non -conforming
residence. Usage is non -conforming only to sideyard setback re-
quirement and the owners desire to enlarge this structure main-
taining the existing building line, The Commission recommended
the granting of the variance. Moved by Hart, seconded by Hollings-
worth, the recommendation of the Planning Commission be approved,
and referred to the Attorney for preparation of the necessary re-
cJolation. Carried, all the Council present voting aye.
hEPORT FROM THE PLANNING COMMISSION was read, regarding Applica-
tion for Conditional Exception No. 642 signed by John J. Gregory
and W. Myron West, relative to the property located at the south-
west corner of Division Street and Flower Avenue. Petitioners are
requesting permission to construct an eight unit, two story struc-
ture on a parcel of ground containing 6,250 square feet located in
f-2, Two Family Residence District, one half block east of an R-4,
I ltiple Residence District. The Commission recommended permission
i granted for six units; off street parking to be installed and
r:roved as shown. Moved by mart, the recommendation of the Plan -
:in, Commission be approved. Motion died for lack of a second.
loved by Hart, seconded by Hollingsworth, the application be held
over until next week. Carried, all the Council present voting aye.
REPORT FROM THE PLANNING COMMISSION was read relative to final sub-
division Dr14 of Beth's Wedding Subdivision. The final map differs
from the -t tative map in that a 10 foot front yard setback is re-
quested in lieu of the previously shown 20 foot setback. The
Commission xccommended the final map be approved subject to:
1. Final_ rp2roval of the tract map add improvement plans by the
City Er., c;L . 2. R-1, Single Family Residence development.
3. 10 ico-6 front yard setback. Report received April 7, 1959,
from the City Engineer advised the tract map and improvement
plans have been approved. Moved by Hart, seconded by Hollingsworth,
the recomendation of the Planning Commission be approved. Carried,
all the Council present voting aye.
RESOLUTION NO. 7460 was read, approving and accepting that certain
Li^ense between. City of National City and California Water & Tele-
'one Company dated April 7, 1959, and the Mayor is authorized
si directed to execute the same for and on behalf of the City.
_c;ed by Hart, seconded by Fessman, the Resolution be adopted.
(,e,rried, by the following vote to -wit: Ayes: Fessman, Hart,
Eollingsworth, Hodge. Nays: None. Absent: Allen.
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353
RESOLUTION NO. 7461 was read, "RESOLUTION ORDERING WORK ( A AVE-
n e Between 24th Street & 26th Street)." Moved by Fessman, se-
conded by Hart, the Resolution be adopted. Carried, by the fol-
lowing vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge.
Nays: None. Absent: Allen.
COUNCILMAN FESSMAN asked permission to be out of the State for
the next two Council meetings. Moved by Hart, seconded by Hol-
lingsworth, permission be granted. Carried, all the Council
present voting aye.
Moved by Hart, seconded by Fessman, the meeting be closed. Car-
ried, all the Council present voting aye. Meeting closed at
3:02 P.M.
J.2TEST:
MAYOR, CITY OF NAO?AL CITY,
CALIFORNIA
4/7/59