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HomeMy WebLinkAbout1959 05-19 CC MIN407 National City, California, May 19, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fess- man, Hart, Hollingsworth, Hodge. Council members absent: None. 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. Daily. COUNCILMAN ALLEN stated the minutes of the regular meeting of May 12, 1959, under Resolution No. 7496 should be changed from an R-1 Multiple Residence District to an R-4 Multiple Residence District. Moved by Allen, seconded by Hart, with the correction as stated, the minutes be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7501 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7502 was read, "RESOLUTION ADOPTING PLANS AND SPEC- IFICATIONS (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7503 was read, approving and accepting that certain License between City of National City and San Diego Gas and Electric Company. Moved by Hart, seconded by Allen, the Resolution be adop- ted. Carried, all the Council present voting aye. RESOLUTION NO. 7504 was read, "PRELIMINARY DETERMINATION OF LEGIS- LATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT of 1931" (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. Id.SOLUTION TION NO. 7505 was read, "RESOLUTION APPROVING ENGINEER'S R3I1 2 AND FIXING HEARING DATE ( Harding Avenue from 13th Street to 20th Street and. 20th Street from Harding .'avenue to Wilson Avenue)-." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. 5/19/59 408 ATTORNEY CURRAN stated he received a copy of Decision No. 58382 of the Public Utilities Commissioni, This is the f6Urth supplemental opinion and order in Application No. 36579 which was the applica- tion of San Diego Gas & Electric Company for authorization to in- crease the rates charged for electricity. This order advises that certain requirements the Public Utilities Commission laid down with regard to the keeping of records by the an Diego Gas & Electric Company with reference to zoning no longer need be complied with by that company. It was the Attorney's recommendation the opinion and order be filed. Moved by Hart, seconded by Feeeman, the recommen- dation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported he received a policy of title insurance issued by Union Title Insurance Company, Policy No. 667280; this insures the title to the easement which the City of National City has purchased by Vincent and Gwendolyn DeLucia, and recommended the policy be filed. Moved by Fessman, seconded by Hollingsworth, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from the County of San Diego Boundary Commission dated May 5, 1959 with reference to the proposed Sweetwater Annexation Unit No. 1 has been examined by him. It is clear the Commission has exceeded its authority in attempting to assert jurisdiction that it does not possess. The requirements of the law with reference to this annexation have been complied with as far as National City is concerned, therefore it is the Attorney's recommendation if the Council so desires it authority the preparation of a resolution for the continuation of this annex- ation. Moved by Fessman, seconded by Allen, the City Attorney's recommendation this annexation be approved and the resolution be prepared to carry forth the annexation. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN stated with reference to the possible disposal of the 0livewood Housing `rroject it is his belief the question which t^Rs recently been posed by the City Council is fully answered in a memorandum which he prepared for the City Council on December 18, 1956. At that time copies of this memorandum were made available to all the members of the City Council, and the original memoran- um is on file so if any member does not have a copy one can be made. Moved by Allen, seconded by Hart, the City Attorney be auth- oriZed.to write the proper authorities and ask if they will not 5/19/59 409 reconsider releasing of the housing project. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Fessman, Hollingsworth. PRESENTATION OF SERVICE AWARDS was held at this time. CITY MANAGER BIRD stated sometime ago through the International Managers Associa- tion there was made available to City employees who wanted to take extra training voluntarily on their own time to better their posi- tion and knowledge in their respective fields. We have a number of City employees present today who have, on their own time, taken their examinations, and if the Council so desires we can have a recess at this time for the presentation of the awards by Mayor Hodge. Moved by Allen, seconded by Hart, the awards be made during the Council meeting. Carried, all the Council present voting aye. Certificates were presented to the following: Bella Bussey, Muni- cipal Finance; Fire Inspector Richard Harrold; Police Dept; Chief Harry Smith; Sgt. Reed; Sgt. Dyer; Capt. Owen; Sgt. Nosal; Lieut. Liesman; Sgt. Hunter; Lieut. Cagle; Sgt, Crowell; Cleo 0sburn Municipal Administration, CITY MANAGER BIRD stated Capt. Crossley of the Fire Department; Judson Naiman of the Engineering Department, and Lieut. Mounteer, Police Administration, received certificates but are unable to be here for the presentation. MAYOR HODGE declared a recess. The meeting was called to order by Mayor Hodge. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council mem- bers absent: None. COUNCILMAN ALLEN stated he wished to know if the City Attorney has done anything as yet in regard to amending the traffic ordinance in relation to parking over the allotted space. ATTORNEY CURRAN stated there is a question in his mind as to whether or not a change is necessary and he will have a report in this regard at the next meeting. COUNCILMAN ALLEN stated he would like to know what action has been taken regarding the zoning problem at 2nd and Highland. CITY MAN- AGER BIRD stated there have been surveys made, pictures taken and the Engineering Department has set up the 40 .feet which is sup posed co be in violation, the evidence has been brought before the Chief of Police and the Police Department informed him they will have the City Attorney prepare another complaint against the parties in- volved. 5/19/5 9 410 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $20,126.14 Traffic Safety Fund 3,077.42 Harbor Fund 19.60 Park Fund 675.83 Special Street Fund 5,677.15 Drainage Fund 378.00 Payroll Fund 42,025.68 TOTAL $71,979.82 Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7506 was read, authorizing the expenditures of the following sums from the Capital Outlay Fund: $1,799.00, Education- al Equipment Co. (Bleachers and Guard Rails for Las Palmas Park); $153.92, Germain Seed Co. (Seeds for Laa Palmas Park); $170.00 Levelon Builders, Inc. (Refund on sewer permit); $1,163.93, San Diego Fence Co. (Installation of chain link fencing and backstop for Las Palmas Park); $181.59, San Diego Pipe & Supply (Pipe for Las Palmas Park); $3,259.79, C.P.L. Nichols (Engineering services for swimming pool). Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM BONITA GOLF CLUB was read, asking permission to erect a direction sign on the northwest corner of 30th and Highland Avenue.., Moved by Fessman, seconded by Hollingsworth, the communica- tion be referred to the City Manager and that he use his discretion whether or not permission should be granted. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. COMMUNICATION FROM POLICE i LIEF ASSOCIATION was read, requesting the wages for the position of patrolman in the National City Police Department be raised to an equal level to those paid the San Diego Police Department, and the wages then remain the same as the San Diego Police Department whether their wages are increased or de- creased, and that proper adjustment be made accordingly in all sue-- r e+ ding ranks. Moved by Hart, seconded by Fessman, the communica- i, be referred to the Budget Committee for all possible consid- eration. Carried, all the Council present voting aye. COMMUNICATION FROM ASSEMBLYMAN SHERIDAN HEGLAND was read, stating he did vote against AB 919 when it was heard before the Municipal and County Government Committee, and will speak against it on the Floor in its present form. Moved by Allen, seconded by Hart the 5/19/59 411 communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM ASSEMBLYMAN FRANK LUCKEL was read, stating he will give AB 919 considerable weight when this matter comes up. Moved by Hart, seconded by Allen, the letter be filed. Carried, all the Council present voting aye. COMMUNICATION PROM ASSEMBLYMAN FRANK LUCKEL was read, stating he will give AB 158 the very greatest consideration when this bill comes before them. Moved by Allen, seconded by Hart, the communi- cation be filed. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, regarding "Sweetwater Annexation Unit No. 1". The Road Commissioner has pointed out the proposed location of the Sweetwater Beltline Free- way as it crosses the Southerly part of this proposed annexation. It is recommended the Southerly 2 lots be eliminated from the an- nexation, if it is agreeable, to accomplish the elimination of said lots, and in order to include all of two half streets, the descrip- tion of the boundaries of this proposed annexation should be cor- rected as shown on description attached. CITY CLERK ALSTON stated she referred this to the City Engineer. CITY ENGINEER LILL stated he made his report to the City Manager. Moved by Fessman, seconded by Allen, the letter be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Posting Notices Invit- ing Sealed Proposals on "A" Avenue between 24th and 26th Streets; Affidavit of iublication of Notice to Bidders on the triple box culvert; Affidavit of Publication of Award of Contract on "A" Ave- nue between 24th and 26th Streets, and Affidavit of Publication of Resolution of Intention 7488. Moved by Hollingsworth, seconded by Alien, the Affidavits be approved and filed. Carried, all the Council present voting aye. APPLICATION FOR ON SALE GENERAL BEVERAGE LICENSE by Club Melody, 804 National Avenue, was presented. REPORT FROM THE POLICE DEPART- MENT stated investigation discloses no grounds for protest of the application. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Lester E. Thompson, 3184 National Avenue, was presented. REPORT FROM THE POLICE DE- PARTMENT stated investigation reveals no grounds for protest of the application. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. 5/19/59 412 COMMUNICATION PROM COUNTY BOARD OF SUPERVISORS was read, stating they are transmitting a copy of County Ordinance No. 1898 (New Series) amending Ordinance No. 61 (New Series) referring to the Health Agree- ment between the County of San Diego and the various incorporated cities. City Clerk Alston recommended it be referred to the City At- torney for checking. Moved by Fessman, seconded by Hart, the recom- mendation of the City Clerk be approved. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hart, the Council instruct the City Clerk to write a letter to the Board of Supervisors thanking them for their cooperation in the matter of appointing a Judge in Mational City and keeping the Court here, as we requested in our resolution. Carried, all the Council present voting aye. COMMUNICATION FROM SENATOR HUGO FISHER was read, stating he will give careful consideration to AB 2025. COMMUNICATION FROM ASSEMBLYMAN JACK SCHRADE was read, stating AB 919 has been placed on the inactive file and he felt quite sure that it will die there. Moved by Hart, seconded by Fessman, the letters be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DINGO GAS & ELECTRIC 00N ANY was read relative to the proposed closing of the alley between "J" and "K" Avenues and 23rd and 24th Streets. The San Diego Gas & Electric Company maintains and operates electric facilities within that area proposed vacated. Therefore, until easements, providing for these existing facilities, can be written and successfully negotiated with the property owners concerned, they must enter this protest to the subjection vacation. COMMUNICATION FROM SAN DINGO GAS & ELECTRIC COMPANY was read regarding the proposed vacation of 10 feet on each side of "F" Avenue between 18th and 24th Streets. The Company maintains and operates both gas and electric facilities within the area proposed vacated, and until easements can be written and successfully negotiated with the proper- ty owners concerned they must enter this protest to the subject vaca- tion. Moved by Fessman, seconded by Allen, the City Clerk be instruc- ted to write to the Gas and Electric Company advising them the closing of the alley between "J" and "K" Avenues and 23rd and 24th Streets has been denied. Carried, all the Council present voting aye. Moved by . Len, seconded by Hollingsworth, the communication from the San Li..go Gas & Electric Company with reference to the vacation of the 10 feet on each side of "F" Avenue between 18th and 24th Streets be re- ferred to the Planning Commission. Carried, all the Council present voting aye, CITY CLERK ALSTON stated on May 13th she received a bulletin from the League of California Cities and she wrote a letter to our re- presentatives in Sacramento requesting them to oppose AB 158 in regard to mandatory exemption from city license t axes of all state - licensed contractors. This bill would prohibit cities from imposing business license taxes on state -licensed contractors. Mrs. Alston 5/19/59 413 stated she would like to have her action ratified. Moved by Fess- man, seconded by Allen, the letter written by the City Clerk be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she thought the Council would be interested in AB 2647 which is the repeal of the uninhabited annexation act. This bill repeals the Uninhabited Annexation Act of 1939, with the result that cities would be prohibited from annexing territory until it had become developed and inhabited. AB 2647 will be heard by the Assembly Committee on Municipal and County Government on June 4th. Mrs. Alston stated she called the Realtors Association and she be- lieves they are going to protest it. Moved by Allen, seconded by Hollingsworth, we oppose this bill. Carried, all the Council pre- sent voting aye. CITY ENGINEER LILL reported grading operations have started on Williams Manor No. 6 Subdivision. The first sections of pipe have been delivered for the Paradise Creek Drainage Project. COMMUNICATION FROM T. M. HEGGLAND, Chief Administrative Officer, County of San Diego, was read, regarding agreement between the County and City of National City for use of jail facilities. CITY MANAGER BIRD stated the only change from our present agreement is raising the cost, and recommended it be referred to the City Attor- ney. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY was read, stating they have received an application for water service on Newell Street North of 22nd Street. The improvement plans for Newell Street show the roadway to be on City owned property, con- sequently the Company must have an easement before the service can be extended in this area. Since Newell Street will probably be extended to connect with 20th Street they have drawn an easement covering the easterly 30 feet of Newell from 20th to 22nd Street. Construction on this street will proceed immediately after receiv- ing the executed copy of the enclosed easement. CITY MANAGER BIRD -It•t=d he wanted to point out that the City of National City is pi;ting a street through there and we should consider dedication of tse street. It is part of the park property and also 15 feet which we acquired from the abutting property, we have two parcels yet to acquire of which are in the process at the present time. Moved by Allen, seconded by Fessman, this be referred to the Engineering Department to go out and outline the street and be brought back for 5/19/59 414 the Council's approval upon gaining title to the property. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated it is necessary to have a Finance Committee meeting. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Zone Change signed by Mary Freetly relative to 1115 E. 16th Street. Petitioner is requesting a zone change from an R-1, Single Family Residence District to an R-2, Two Family Residence District. The Commission recommended denial of this petition in view of the opposition expressed in the neighborhood. Moved by Fessman, secon- ded by Allen, the Planning Commission's action be sustained. Car- ried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 651 signed by James T. Ferguson rela- tive to the property at 918 E. 5th Street. Petitioner is request- ing permission to construct an additional two bedroom duplex over the existing one bedroom making a total of five living units on a parcel of ground containing 7,233 square feet located in an R-2 District. Also variance in rear yard setback from 10 feet to 6 feet and distance between structures to construct a 4 foot covered balcony. It was the recommendation of the Commission this be granted with the stipulation before the final inspection and the record of completion is signed by the Building Inspector, the park- ing spaces be paved and ready for use, the curbs developed, and there be a 16.foot driveway. Moved by Alien, seconded by Hart,. the recommendation of the Planning Commission be approved, and referred to the City Attorney for a resolution. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollings- worth. CITY CLERK ALSTON stated she had a proclamation for the Mayor to sign for the Veterans of Foreign Wars proclaiming May 22nd and 23rd as Poppy Days. Moved by Hollingsworth, seconded by Fessman, the Mayor be authorized to sign the proclamation. Carried, all the Council present voting aye. 'TSCLUTION NO. 7507 was read, "CONSENTING TO THE COMMENCEMENT OF In L"i.°EDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIG= NAPED AS "SWEETWATER ANNEXATION UNIT NO. 1" TO THE -CITY OF NATIONAL CITY." Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. 5/19/59 415 COUNCILWOMAN HOLLINGSWORTH, Chairman of the Finance Committee, asked that the Committee meet immediately following the close of the Council meeting. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:52 P.M. kTTEST: CITY CLERK I Lfl1 Vll, J11 CALIFORNIA 5/19/59