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HomeMy WebLinkAbout1959 06-09 CC MIN439 National City, California, June 9, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members presents Allen, Fessman, Hart, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Halgate-Kerr, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by E. H. Alsdorf. Moved by Allen, seconded by Fessman, the minutes of the regular meeting of June 2, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7518 was read, granting a special zone variance per- mit to Charles E. Williams for the purpose of constructing an addi- tional building on an R-1 lot having 7,500 square feet. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayess Alien, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7519 was read, accepting a grant deed from Vernon and Lottie B. Fogarty; James B. and Clara A. Miller. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayess Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7520 was read, granting a special zone variance per- mit to L. Wendell Hesseltine for the purpose of constructing two signs 12 feet by 24 feet 6 inches each and placing the same on said premises, located on the Southeast corner of 8th Street and Harbi- son Avenue. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7521 was read, accepting a grant deed from Gilbert E. Fritz. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. ORDINANCE NO. , "ORDINANCE AMENDING ORDINANCE NO. 840 REGARD- ING BUILDING PERMIT FEES," was presented for the first reading and read in full. COMMUNICATION FROM TRAFFIC SAYETY COMMITTEE was read asking for a clarification of its status and cited the Council's action on re- channelization on Highland Avenue and not referring it back to the 6/9/59 440 Committee. Moved by Fessman, seconded by Hart, the City Clerk be instructed to write a letter to the Traffic Safety Committee ex- plaining to them that the Council action was not in any way critical of their recommendation but in the interest of saving time and pos- sibly correcting a chance for serious accidents caused by the lines as existed on Highland, therefore the Council acted immediately rather than referring it back to the Committee. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Fidelity and Casualty Company has issued a certificate of insurance showing T. B. Penick N& Sons ew k has insurance coverage for comprehensive liability as required by a contract for the construction of the triple box culvert on Sweet- water Road, and recommended it be filed. Moved by Fessman, seconded by Hart, the recommendation of the City Attorney be approved. Car- ried, all the Council present voting aye. ATTORNEY CURRAN reported Swett & Crawford has filed a certificate of insurance showing that Griffith Company has comprehensive lia- bility, and Pacific Indemity Company has filed a certificate of insurance showing that Griffith Company has workmen's compensation, each in accordance with the requirements of Griffith Company's con- tract for the Improvement of "C" Avenue, 15th to 16th Streets and a portion of 15th Street, and recommended the certificates be filed. Moved by Hart, seconded by Fessman, the two certificates be filed. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH present. ATTORNEY CURRAN stated the proposal submitted by the Gamewell Com. parry for installation of a fire alarm system has been examined by him in an.order to conform with certain requirements of the law it is necessary one clause of the contract be amended and that matter is being taken up with the Company by the City at this time. ATTORNEY CURRAN stated the minutes of the Small Craft Harbors Com- mission meeting held on May 18, 1959 has been examined. There is one item which was discussed at this meeting which perhaps has an interest to National City, and that is this Commission discussed the problem of Military Encroachment. This problem is something that in the future National City might well be faced with in rela- tion to the operation of the Naval Base and activities of the Navy in San Diego Bay. It was recommended the minutes be filed. Moved by Hart, seconded by Fessman, the recommendation of the City Attor- ney be approved. Carried, all the Council present voting aye. 6/9/59 441 ATTORNEY CURRAN stated the Attorney for California Water & Telephone Company has reached an agreement with City Attorney regarding the language to be used in the contract. This contract will take care of the relocation costs on Highland Avenue between 4th Street and 8th Street, pending the determination of the court as to who has the obligation to pay; it is estimated that the relocation costs will be $3,100.00. This agreement has been executed by the California Water & Telephone Company. It was the recommendation of the City Attorney that the City, by resolution, authorize the Mayor to exe- cute the agreement, also for the work to proceed. Moved by Fessman, seconded by Hart, the City Attorney's recommendation concerning the contract with the California Water & Telephone Company in regard to the moving of water lines on Highland Avenue between 4th & 8th Streets, be approved and a resolution be prepared. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that last Tuesday the Board of Directors of the South Bay Irrigation District authorized the execution of the Joint rowers Agreement of 1959 with National City. Duplicate orig- inals of this executed copy have been delivered to the City Attorney. This Joint Powers Agreement incorporates the suggestions which have made by the financing consultant; it specifies in considerably more details than the original agreement, the allocations of operation costs and maintenance costs. It increases the authority for bond issues from $15,000,000.00 to $20,000,000.00; it provides that the South Bay Irrigation District will bear a greater share of the cost, and will authorize bonds up to $14,000,000.00, and the City of National City will authorize bonds in the sum. of $6,000,000.00 in lieu of the old provision of $10,000,000.00 for South Bay and $5,000,000.00 for National City. The title to the assets to be taken are adjusted in accordance with this new financing arrangement wherein South Bay will be paying more so that in round fig4res the title will be vested 70% in South Bay and 30% in National City. The report of the financing consultant should be ready shortly, pend- ing the execution of this agreement. It was the recommendation of the City Attorney the Mayor be authorized, by resolution, to sign this new Joint Powers Agreement for National City. Moved by Hart, seconded by Allen, the recommendation of the City Attorney be ap- proved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting of the Council the City Manager read the provisions of Section 402B of the Penal Code of California with reference to abandoned ice boxes, and in view of the provisions of this section of the Penal Code it appears the State 6/9/59 442 has occupied the field of regulation on this subject and according- ly the City Council would have no authority to pass any ordinance regulating this subject. MAYOR HODGE stated if anyone knows of an ice box that is abandoned or stored, the National Guard will be very happy to go out and put a band on it and lock it, and the only way it can be entered is to break the band, which is made of steel. CITY CLERK ALSTON reported she opened the bids on sanitation and there were eight bids received. The bids were submitted in such a manner they have to be audited and have been referred to the City Manager. COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN, was read, stating the Board of Trustees requests the reappointment of Mrs. Henry Wilson to the Library Board. Moved by Hart, seconded by Hollingsworth, Mrs. Henry Wilson be reappointed to the Library Board. COUNCILMAN ALLEN stated he thought three names should be recommended for any vacancy to the commissions and boards of the City. MAYOR HODGE stated the Library Board perhaps has been an exception because it is operated a little different than the various commissions and committees as they have their entire operation under their control. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY was read, regarding National Award Homes Subdivision Unit No. 1, The National City Development Company have entered into an agreement for water facilities in this subdivision and have deposited funds for insta- lation of facilities in Unit #1, which is the area East of Euclid Avenue. No funds have been deposited for the water system West of Euclid Avenue, called Unit #2. Moved by Allen, seconded by Hart, the letter be filed. Carried, all the Council present voting aye. NOTICE FROM Si,N DIEGO COUNTY WATER AUTHORITY was read, relative to a meeting of the Engineering and Operations Committee to be held on Thursday, June llth at 4:00 P.M. in the Board Room of the .'authority Headquarters. Moved by Hollingsworth, seconded by Hart, the notice be filed. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for month of May was presented. Moved by Hart, seconded by Hollingsworth, the report be filed. Carried, all the Council present voting aye. NOTICE OF MEETING OF SMALL CRAFT HARBORS COMMISSION on June 15th between 1 and 5 P.M. in the Council Chambers, Oceanside, was read. Moved by Hollingsworth, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. 6/9/59 443 COMMUNICATION FROM ASSEMBLYMAN SHERIDAN HEGLAND was read, stating he continues to be in opposition to AB 919. COMMUNICATION FROM SENATOR JOHN W. HOLMDAHI was read regarding SB 1425. COMMUNICATION FROM ASSEMBLYMAN FRANK LUCKEL was read, regarding AB 919, and stated he will give it very careful consideration. Moved by Hollingsworth, seconded by Hart, the communications be filed. Carried, all the Council present voting aye. COMMUNICATION FROM EDWARD H. ALSDORF was read, protesting the grant- ing of on -sale beer and wine license to Sweetwater Ranch Market, 810-30th Street, National City, San Diego County. The communication was addressed to Hon. Edmund Brown, Governor; and to Board of Super- visors, San Diego County, and City Council, City of National City. Moved by Fessman, seconded by Hart, the City Council go on record and notify the people to whom the letter is addressed that the City of National City is in accord with Mr. Alsdorf's remarks, and a copy be sent to Mr. Alsdorf. Carried, all the Council present vot- ing aye. CITY CLERK ALSTON stated she received a Bulletin from the League of California Cities which stated the Legislature is adjourning June 19th. The Bulletin listed the objectionable measures, and stated the present status of a partial list of bills. REPORT FROM CITY ENGINEER LILL was read regarding petition for the Improvement of East one-half of "R" Avenue from 8th Street Southerly. The petition was signed by persons interested in 61% of the frontage of the property that would be within the district proposed to be assessed for the improvement. It was recommended the project be authorized. Moved by Allen, seconded by Fessman, the recommendation of the City Engineer be approved. Carried, all the Council present voting aye. REPORT OF CITY ENGINEER was read which stated in relation to the easements we have been attempting to get on Division & Laurel Street pump house to a point east of what is known as Highland Avenue, or 43rd Street intersection fifteen inch line, from the City of San Diego which by agreement we have been given permission to do; we found it necessary to acquire seven easements, and acquired six of these easements and have had no success with the seventh easement which is designated easement #255, Frank Agliano property. The sewer must be put in there, and recommended the City Attorney be authorized to bring condemnation proceedings against Mr. Agliano for the easement. Moved by Fessman, seconded by Hart, the recommenda- tion of the City Engineer be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. 6/9/59 444 CITY MANAGER BIRD stated in regard to the bids for trash and garbage collection, it is a very comprehensive situation. We advertised for nine alternates. We received eight bids and it is going to possibly take a week to come up with the figures and the actual determination of the low and high and intermediate bidders. It was the recommen- dation of the City Manager the bids be referred to the City Attorney and City Manager for a report to the Finance Committee. Moved by F Hart, seconded by Pessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD made mention of the very sad incident which oc- curred at the City's swimming pool. We have a total of eight re- ports and the report of the Coroner has not been received as yet. The reports set out in detail that which was observed, happened; they come from the individual guards, from individual police offi- cers and from the Fire Dept. A REPORT FROM B. J. GAUTEREAUX, SUPT. OF PARK & RECREATION was read regarding the plant operation and all conditions of the pool just after the incident occurred. CITY MANAGER BIRD stated accompanying this report is a complete series of reports of the incident including the statement of the boy who was a companion of the victim. It was the City Manager's recommen- dation the City Clerk be instructed to write a letter of sympathy to the parents of the boy. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM SUPT. PARKS & FORESTRY GAUTEREAUX was read regarding street parkway tree removal program. CITY MANAGER BIRD stated he has authorized Mr. Gautereaux, subject to the Council's confirmation, to go ahead with this plan. Moved by Fessman, seconded by Hart, the recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported the Finance Committee had a meeting last Friday at which time they discussed the application of Mr. Hobbs, and it was the consensus of the Committee that Mr. Hobb's request would be considered favorably. Lifter much discussion relative to the rate and period of time, it was the opinion of the Committee they would recommend to the City Council that a lease be granted for three years, with two one year extensions on the property loca- -r;ed at 18th and Roosevelt Avenue, beginning 50 feet South of the corner, provided Mr. Hobbs would fill the property to the usable depth and hook up to the sewer, etc. Mr. Hobbs asked the Committee for further time. 6/9/59 445 REPORT OF SEWER APPEALS BOARD of meeting of June 3rd, was read. The meeting was called for the purpose of hearing arguments and making a decision regarding sewer district service fees for the Hobart Investment Company homes on 8th & Palm. Mr. Wayne Smith, Civil Engineer for Hobart Investment Company was present and ex- plained the position of the Hobart Investment Company, he stated the company has installed all sewer mains and made all connections on the property at no cost to the City. The company believes a sewer district fee of $170.00 for each building (25), as billed by the Building Inspector, is unfair. City Engineer Lill stated the City had accepted deeds for the new sewer mains in this project and suggested that no fee be charged for any building fronting di- rectly upon those mains as follows: six buildings on the alley; seven buildings on E. 9th Street. This compromise was agreeable to representatives of the Hobart Investment Company. A motion was made and passed that the Building Inspector be notified to prepare a statement for 12 buildings at $170.00 (district service fees). This statement to be presented to Hobart Investment Company for payment. A motion was made and carried that a request be made to the City Council recommending the redrafting of Ordinance No. 7849 with a provision to control uniform sewer fees. Moved by Allen, seconded by Hart, the recommendation of the Sewer Appeals Board be accepted, and referred to the City Attorney for clarification and change of the Ordinance to take care of a like situation that might occur again. Carried, all the Council present voting aye. COMMUNICATION FROM DEE DUNCAN was read, stating he would like to open an auction house in National City for the purpose of collect- ing together small estates and holding one auction to liquidate several estates at one time. Mr. Duncan stated that he is in the business of conducting real estate auctions he would like to provide this service for his clientele and would like to open a business at 122 W. 13th Street. Mr. Duncan stated he cannot start a business of this kind here because of certain articles in National City's Auction Ordinance No. 811. It was his recommendation the Council amend Ordinance No. 811,. Section 16 by adding paragraphs (j) and (k) as set forth in his letter. Moved by Fessman, seconded by .F11en, the letter be referred to the City Attorney for the possible deletion or addition of some words in the Ordinance that Mr. Duncan proposes, to make it conform with the intent of our ordinance. Car- ried, all the Council present voting aye. COMMUNICATION FROM CHAMBER OF COMMERCE was read, regarding the 1959-60 budget of the Chamber of Commerce, as approved by the Board 6/9/59 446 of Directors. They are making application to conduct the adver- tising projects as the City's agent for the fiscal year of 1959-60 and request a contract similar to the current contract between the City and the Chamber of Commerce. Moved by Fessman, seconded by Hart, the communication be referred to the Finance Committee for consideration in the budget. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to parking signs, or a substi- tute proposal on parking, there is some progress. We are inquiring of other cities as to how they are enforcing and meeting that prob- lem and will have a report so we can get the cost analysis and just what will be required. CITY MANAGER BIRD stated there will be a meeting of the Traffic Safety Committee June 10th at 9:30 A.M. in the office of the Chief of Police. There is a matter of a.bus stop at 6th & National on the agenda. Mr. Bird stated he is attempting through his office to coerce or cooperate with the property owner to have him replace the curb at his cost. COMMUNICATION FROM CITY ENGINBER LILL was read, stating submitted herewith is the Annual Report of the Road and Street Deficiencies. CITY MANAGER BIRD stated he concurred with the report. MAYOR HODGE suggested copies be made for any Council member that wishes one. COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN, was read, stating the Board of Trustees recommends the establishment of the position of Assistant Librarian Cataloguer; also recommend that a promotional examination be given for this position, starting salary to be $403.00 per month. CITY MANAGER BIRD stated it is recommendation the request be granted and the Civil Service Commission be author- ized to set forth a promotional examination and the Council adopt the classification. Moved by Hart, seconded by Fessman, the recom- mendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the communication from Webster Pontiac which was referred to him, he has a report from Robert Myers, Field Representative, which stated it is his recommen- dation they should first try the City's service, and if, after a period of time it should prove to be a burden rather than a conven- ience, that they then present their reasons for not wanting the City's service. CITY MANAGER BIRD concurred in the report. Moved by Allen, seconded by Hart, the recommendation of the Field Repre- sentative be approved. Carried, all the Council present voting aye. 6/9/59 447 CITY MANAGER BIRD stated it has become necessary, because of the demand made upon us, that we take certain series of tests on the forty-two acres of tidelands which we are attempting to lease. These tests are the stumbling block in consideration of the appli- cations presented. The present firm which wishes to lease twenty acres cannot go further with their application until they are in possession of such tests. These tests are going to cost between $2,000.00 and $6,000.00. They have made a proposal to us, if the tests are satisfactory to their building plan they will pay for them, if they are not then the City will pay for the tests. CITY MANAGER BIRD recommended we be authorized to make the tests. Moved by Fessman, seconded by Hart, the City Manager be authorized to order the tests made on the twenty acres mentioned, and if he thinks it is feasible and practical, to make tests on such other property in the area of the tidelands that might be necessary in the near future. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding grant deed received from Amerigo J. and Mary G. Iannucei, Claude L. and Ethel V. Hart, for an additional 15 foot dedication of "M" Avenue North of 26th Street. Rights of way for "M" Avenue North of 26th Street are irregular, being 30 feet in width until the subject dedication is reached, and then it will be 45 feet in width. It was the re- commendation of the Commission the deed be accepted. Moved by Allen, seconded by Hollingsworth, the recommendation of the Plan- ning Commission be approved, and the Attorney be instructed to pre- pare a resolution of acceptance. Carried, all the Council present voting aye. REPORT FROM CITY PLANNER STOCKMAN was read relative to the require- ment of an unloading and loading space at 2105 National Avenue. It is the interpretation of the City Planner that the usuage of the building at this address is not included in, nor is it similar, to the uses outlined in Ordinance No. 854, Section 9, Sub -section A-3-g, which sets forth the types of businesses required to provide a loading space. This report was presented to the Planning Commis- sion at their regular meeting on June 8th, and at that tim a a mo- tion was made and unanimously passed in agreement with the city _ anner. CITY MANAGER BIRD stated it will be impossible to have a meeting of the Finance Committee tomorrow. COUNCILWOMAN HOLLINGSWORTH, Chair- man of the Finance Committee, stated she was going to request the meeting be cancelled as it would be impossible for her to attend. 6/9/59 448 Moved by Fessman, seconded by Hart, the Planning Commission's recom- mendation in regard to the report of the City Planner, be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH, Chairman of the Finance Committee, asked if it would be possible to have a meeting Thursday afternoon at 2:00 P.M. CITY MANAGER BIRD stated his office is completely "snowed under" for a number of reasons. There are 63 different alternates on the trash contract and that is of prime importance because of the time element. There is a figure of $25,000.00 to as high as $75,000.00 per annum more which will have to be consid,,red in the budget for that item alone. Yesterday we were notified by the State Compensation Insurance Fund that effedtive vury shortly, a raise of 18% in our insurance cost. We have also been notified our retire- ment costs are going to go up from 5.04 to 9.587. COUNCILWOMAN HOLLINGSWORTH requested postponement of Finance Committee meeting until after the next Council meeting. CITY CLERK ALSTON stated it is the end of the fiscal year, and we have a fifth Tuesday this month, on which there will be no Council meeting. Mrs. Alston asked that the last meeting of this month, which will be the 23rd, be adjourned until 1:30 P.M. on July 7th at which time we can make the necessary transfer of funds; and then call the roll for our regular meeting. RESOLUTION NO. 7522 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Highland Avenue, 8th to 18th 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. 7523 was read, accepting a deed from Amerigo J. and Mary J. Iannucci, and Claude L. and Ethel B. Hart. Moved by Fess- man, seconded by Hollingsworth, the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NO. 7524 was read, approving and accepting an agreement between City of National City and California Water and Telephone Company, and the Mayor is authorized and directed to execute the 7.ame for and on behalf of the City. Moved by Fessman, seconded by -`Lollingsworth, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7525 was read, approving and accepting an agreement entitled "Joint Powers Agreement of 1959 between The South Bay Irrigation District and The City of National City," and the Mayor is authorized and directed to execute the same for and on behalf of 6/9/59 449 the City. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated he believed it is the duty of the gov- erning body to bring to the attention of the electorate any con- ditions which may be to their disadvantage. Moved by Fessman, seconded by Allen, a committee be appointed to study the feasi- bility and the advisability of forming a Unified School District, on the approximate boundaries of our present National School Dis- trict, to include our Junior High Schools and our High Schools, and present it to the electorate. The committee should consist of five, six, or seven citizens capable of getting together the facts necessary to present as a recommendation to the Council. It was suggested an attorney, banker, a member, in an advisory capacity at least, 8f the High School as well as the Elementary School Dis- trict and any others competent to evaluate the facts. The Mayor should make the appointments, with approval of the Council. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COUNCILMAN ALLEN stated he thought the Council should allocate a spot for the proposed new civic center; and there were two loca- tions suggested as possible places for the Chamber of Commerce building. If we were to allocate the property on "D" Avenue be- tween 13th and 15th Streets and that portion East of "E" Avenue off of 13th and 14th Streets, all that property should be re- tained and held for the civic center and ite parking lot; and there was some mention of the Chamber of Commerce using some por- tion of the property as a possible location for their building. Mr. Allen said he thought the Chamber of Commerce should more seriously consider the property on 16th Street near "B" Avenue and leave all of the property intact around the "D" Avenue area for complete usage of the suggested civic center. Moved by Allen, that we ear mark for a period of time, several years or so, all the property in the area of 13th to 15th between "D" and "E" and that portion of the lot East of "E" Avenue between 13th and 14th Street as a proposed civic center site. Motion died for lack a second. Moved by Fessman, seconded by Hollingsworth, this b: referred to the Finance Committee. Carried, all the Council present voting aye. 6/9/59 450 Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:17 P.M. ATTEST: 6 ,, CITY CLERK MAOR, CITY OF NATIONAL CIJ1Y, CALIFORNIA 6/9/59