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HomeMy WebLinkAbout1958 08-05 CC MIN34 National City, California, August 5, 1958 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, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, Curran, Gautereaux, Stockman, Holgate. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Warriner. COUNCILWOMAN HOLLINGSWORTH present. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of July 22, 1958, be approved. Carried, all the Council pres- ent voting aye. ATTORNEY CURRAN requested the adoption of resolutions be placed at the foot of the calendar, as we will have a report on 1911 Act later in the meeting. ATTORNEY CURRAN recommended the verified claim filed by Lucille R. Colby for $25,000.00, and the verified claim filed by William W. Colby for S10,000.00 be rejected. Moved by Fessman, seconded by Hollingsworth, the City Attorney's recommendation be approved. Car- ried, all the Council present voting aye. ATTORNEY CURRAN reported he directed a communication to the Depart- ment of Alcoholic Beverage Control, pursuant to the action of the City Council at their last meeting regarding the transfer of an on sale beer license at 330 Highland Avenue. ATTORNEY CURRAN reported he received a copy of a Notice of Lien filed by Reid's Plumbing against the funds due to the contractor on account of the swimming pool While technically there can be no lien against City owned property, provision is made for the withholding of funds and until the matter is cleared it will be necessary to withhold from the monies due to the contractor when they do become due the amoant of Reid's Plumbing claim. ATTORNEY CURRAN stated in regard to the election, pursuant to the Joint Powers Agreement with South Bay Irrigation District, called for Sept. 16th; the matter was firmed up with the bond counsel and the engineers. The resolution was prepared and ready for submission to the City Council at the meeting today. However, last Thursday afternoon, the financing consultants arranged with a conference telephone call with the City Attorney and the Attorney for the South Bay Irrigation District. The financing consultants urged they be granted additional time in which to prepare their portion of the work which they had contractel to perform, and they felt it would be in the best interest of tt.e City of National City and of the South Bay Irrigation District if they were granted additional time, even 8/5/58 35 though it meant the Sept. 16th date would have to be postponed. As a result of the conference telephone communication, the Attorney for the South Bay Irrigation District and the City Attorney agreed they each would submit to the respective bodies they represent the recom- mendation, today, that the portion of the Joint Powers Agreement, which provides for calling the election on September 16th be waived and the authorization be granted to insert December 9, 1958, as the date for the election, in lieu of the September 16th date which we now have; in accordance with the agreement, the City Attorney made the recommendation. Moved by Hart, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council pres- ent voting aye. ATTORNEY CURRAN stated he has duly considered Ordinance No. 627 which was adopted by the City Council on June 20, 1933. This ordinance makes it unlawful to distribute or throw away commercial advertising, with the provision, however, a newspaper which actually is entered as second class matter under the provisions of the United States Post Office Regulations, should be exempt from this ordinance. At- torney Curran, stated in his opinion, the reason for the exception placed in Ordinance 627 making newspapers which actually had qual- ified as second class matter exempt from the Ordinance was in order to save the constitutionality of the ordinance; ifthis provision had not been placed in the ordinance, it would have prevented a news- paper boy from delivering newspapers to the hone of any persons who cared to subscribe. There was litigation in those years concerning these various ordinances and the constitutionality of any of the City ordinances was placed in question. COUNCILMAN FESSNIAN stated there are two papers being distributed regularly in National City, namely the South Bay Shopper and The Independent, and he does not know whether they qualify under the exception of second class mat- ter in the post office. Mr. Fessman said he thought a householder should have control of what is being thrown in his yard; he person- ally has made at least three requests The Independent not be deliv- ered, but the request has been ignored. Moved by Fessman, the prop- er City authority be authorized and directed to address a communi- cation to the publishers of these papers stating they are in vio- lation of the ordinance and request they take steps necessary to put themselves in compliance, the same as any other newspaper or publication. One way this could be done is to send a post card to each household asking whether or not the householder wanted it, and it be signed and returned, and if they wanted the paper, it would give them authorization to deliver it. COUNCILMAN ALLEN stated he too did not like The Independent, he has requested they stop leaving him papers, but they do not do it; however, he would not want to tell them they are in violation of our ordinance when he is not sure they are. Councilman Fessman said he would change his motion. Moved by Fessman, seconded by Hart, the City Attorney determine whether or not those two publications do qualify as second class matter at the post offices either in San Diego, National City or Chula Vista. Carried, all the Council present votingeve. 8/5/58 36 ATTORNEY CURRAN stated with reference to the matter of insurance coverage for the Police Reserve, it is his understanding the Reserve Police of National City are sworn in under the provisions of the laws of the State of California providing for volunteer Civil De- fense workers, and that they must perform the service they render without pay or other consideration. Because of this requirement of the State law, a few years ago, the Legislature provided the cost and expense of the State should provide Workmen's Compensation cov- erage to all volunteer Civil Defense workers without the payment of a premium. Because of the fact the men covered under the Act do not receive compensation, it was necessary to make special provisions as to what Workmen's Compensation they would receive in the event they were injured while engaged in the duties defining them as Civil Defense workers. These benefits were fixed by the Legislature in the maximum amount provided by law. That covers, as far as Work- men's Compensation is conc.rned, our Reserve Police. With reference to the second part of the request for an opinion as to public lia- bility coverage, a special provision is made a part of the policy to afford coverage to officers and employees who are engaged in public work at the time of the occurence of sane accident. Whether or not any particular employee is covered under the provisions of this comprehensive policy at one time is a question of facts, and the neserve Policemen would be in no different category than any other officer or employee of the City with reference to this quest- ion of facts, in any event. COUNCILMAN HART said it is his under- standing the Police Reserve Officers have the same protection, with reference to insurance, as the Officers have, when they are on duty. ATTORNEY CURRAN stated that is his understanding. COUNCILMAN ALLEN stated he is, and has been for over a period of six years, a Reserve Police Officer, and there are two other matters which he would like clarified. There are other cities who pay a minimum wage, and the reason for asking for a minimum wage is to be able to take care of the cost of uniforms, cleaning, repairs, etc., which the men act- ually pay out of their own pocket. The Reserve Officers would like to have something as a means of establishing themselves and being able to take care of this cost. The other matter is, the regular officers are covered by false arrest insurance, and there is a quest- ion as to whether the Reserve would be covered by this same insurance; and he thought it would be to the advantage of the City to keep these Reserve Officers. Moved by Allen, seconded by Hart, the City At- torney investigate and see what we could do about the minimum wage and the false arrest insurance. Carried, by the following vote to - wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollingsworth. HEARING ON SALE OF PROPERTY AT l6th AND HOOVER was held at this time, and no one was present to protest. City Clerk Alston stated she re- ceived no written protests. Moved by Fessman, seconded by Hart, the hearing be closed and the City Attorney be authorized to prepare the resolution. Carried, all the Council present voting aye. HANK FARRIS, merchant of the South Bay Plaza, was present and re- quested permission to hold a street dance on August 29th in cele- bration of the Fiesta del Pacfico, such as they held last year. 8/5/58 37 They would like to have a portion of loth Street, East of Highland Avenue, blocked off from about 8:30 P.M. to midnight. They would also like permission to have the auxiliary police help as they did last year. Moved by Hart, seconded by Allen, permission be granted to hold the street dance, and the Chief of Police be notified and give them the same protection they did last year. Carried, all the Council present voting aye. WILLIAM G. GEROV, 2328 El Cajon Blvd., San Diego, was present and read a communication requesting re -adjustment of license fee paid for searchlight advertising. Prior to 1956, for about ten years, they paid an annual license fee in National City ranging from $10.00 to $25.00; and about three years ago the City Council substituted a tax of $5.00 per night on operation of searchlights, one or more. During the last two years they have used money earned in other lo- calities to maintain their service in National City. It is request- ed he be given relief from this situation by paying an annual bus- iness license fee not to exceed $25.00 originally paid. Moved. by Fessman, seconded by Hollingsworth, it be held over for a few weeks and in the meantime it be referred for recommendation from the li- cense committee to see if this particular problem was recommended in the report, and what the recommendation stated. Carried, all the Council present voting aye. VINCENT DE LUCIA, 1930 Granger Avenue, was present in regard to the matter of zoning and permission to build within such zones. Mr. DeLuoia said it has always been his understanding, if you are in an R-2. zone, you are permitted to build a single family dwelling on your lot or a duplex. In 1948 1p. nquired about building an his property and Mr. Bird informed a must have at least 5,000 square feet on the lot and there must be at least a 50 foot frontage. Last year a building permit was granted for a building program on 20th Street between Lanoitan and Granger Avenues, at which time the prop- erty was divided, the permit was for two duplexes and one single family dwelling, which were built. There is very little space be- tween the homes, no place for a garage and the back yards are not even ten feet deep. Last year the Planning Dept. permitted eight duplexes to be built on two lots, a total of 16 units in an R-2 zone and there is now under construction five single on one building lot. Mr. DeLucia said he thought something should be done to remedy the condition. COUNCILMAN FESSMAN stated the proposed Subdivision Or- dinance would have prohibited this sort of thing being done, and it is supposed to be studied again and try to get it adopted and hoped it would soon be adopted, as the conditions as Mr. DeLucia outlined will not do the City any good. MAYOR HCDGE stated the ordinance is again being studied. MR. DE LUCIA said he thought some interim or- dinance could be adopted to stop this sort of thing. BILLS AUDITED BY THE FINANCE COMEITTEE .Presented: General Fund $20,834.47 Traffic Safety Fund 18,497.11 Park Fund 630.33 8/5/58 Trust & Agency Fund Special Street Fund Drainage Fund Pool Fund Payroll Register TOTAL 79.11 2,187.12 8,843.10 181.90 87,601.08 $138,854.22 38 Moved by Hollingsworth, seconded by Allen, the bills be approved for payment, and warrants drawn for same. Carried, by the follow- ing vote to -wit: Ayes: Alen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7286 was read, authorizing the following expenditures from the Capital Outlay Fund: Cal. Fire Equipment, $118.31, for fire extinguisher, for new pool; Certified Hotel Equipment Co., $124.64 for three two burner heavy duty but plates, for new pool; Teyssier & Teyssier, $17,337.00, Progress Payment No. 12 for new pool; Globe Ticket Co., $828.44, one automaticket MHA non -electric 8c one Johnson lightening change maker for new pool. Moved by Hol- lingsworth, seconded by Allen, the Resolution be adopted. MAYOR HODGE stated he thought the money to be paid to Teyssier & Teyssier, as setforth in the Resolution, should be held up until such time as the Attorney is convinced there are no other liens other than that of Reid's Plumbing. Moved by Fessman, seconded by Alien, the amounts due as stated in the Resolution to Teyssier & Teyssier be excluded and held in abeyance, and the other amounts be paid. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollingsworth. Motion carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. NOTICE FROM PUBLIC UTILITIES COiMIISSION regarding hearings on Case No. 6148 regarding investiLation of Commission's motion concerning the proper treatment for rate fixing purposes, was presented. The date of hearing in San Francisco is Sept. 24th and in Los Angeles Oct. lst. City Clerk Alston recommended it be referred to the Attorney. Moved by ,Allen, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROIv SUPT. PARKS & RECREATION GGUTEREAUX was read stat- ing enclosed was a certified check in the amount of $139.53 which is for payment in full and shall indemnify the Cityfdr one payroll uUarrant No. 36286, as drawn in favor of and paid to Miguel (Mike) Gonzales. Said money was paid for labor services performed in the Park and Recreation Department, within a certain period of the month of June, 1958, which was in violation of the State law due to the fact that Mr. Gonzales was not a citizen of the United States. Mov- ed by Hollingsworth, seconded by Hart, the letter be filed. Car- ried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY POLICE RELIEF ASSOCIATION was read expressing their appreciation for the Council's consideration in granting the wage adjustment for members of the Police Dept. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. o fr fro 39 NOTICE FROM THE PUBLIC UTILITIES COMMISSION regarding investigation for the purpose of establishing a list for the year 1959 of railroad grade crossings of city streets or county roads most urgently in need of separation, was presented. City Clerk Alston recommended it be referred to the City Manager and City Engineer. Moved by Hart, seconded by Fessman, the City Clerk's recommendation be approved, Carried., all the Council present voting aye. CITY CLERK ALSTON presented an easement from Ashdon Corp., and a Grant Deed from Ervin G. & Roberta 1D. Frankson, for drainage pur- poses, and recommended they be accepted and referred to the Attorney for preparation of a resolution. Moved by Allen, seconded by Hart, the City Clerk's recommendation be followed. Carried, all the Coun- cil present voting aye. RESIGNATION OF ROBERT SMITH, RECREATION DI.uLTOR, was read. It is requested his vacation start September 1st and the resignation be effective following his vacation and accrued time off. Moved by Fessman, seconded by Hollingsworth, the resignation of Mr. Smith be accepted, with best wishes on his new position. Carried, all the Council present voting aye. COMMUNICATION FROM ASSEMBLY INTERIM COMMITTEE on Municipal and Coun- ty Government was read, stating they will hold hearings in Los Ang- eles on August 29th and in Sacramento on September 5th relative to Municipal Sewer Maintenance Districts. They would like to have spec- ific recommendations as to important provisions in the law under which National City's district is formed and which the City feels should be contained in a consolidated act. Moved by Hollingsworth, seconded by Fessman, the communication be referred to the City Man- ager to see if we are interested. Carried, all the Council present voting aye. COMMUNICATION FROM CITY TREASURER HOLGATE was read requesting a re- fund of $5.00 be paid to Miguel Gonzales, as records show this was a duplicate payment. Moved by Allen, seconded by Hart, the recom- mendation be accepted, and a warrant drawn for the refund. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge. Nays: None. CITY CLERK ALSTON stated she had the original Notice of Lien filed by Reid's Plumbing & Heating, which will be on file in the Clerk's office. CITY CLERK ALSTON stated she had the California Plans annual report for 1956-57 of the Local Planning Office, which will be on file in her offioe. CITY CLERK ALSTON presented a resolution from the Stockton City Council in regard to the Federal -Aid Urban money to cities. Moved by Hollingsworth, seconded by Hart, the resolution be filed. Car- ried, all the Council present voting aye. 8/5/5s 40 NOTICE FROM THE UNITED STATES CONFERENCE OF MAYORS was presented stating the 1958 annual conference has been moved from the Roosevelt Hotel in New Orleans to the Hotel Fontainebleau in Miami Beach, Florida. RESOLUTION FROM CITY OF FRESNO in regard to Federal -Aid Urban money to cities, was presented. Mw ed by Fessman, seconded by Hart, the resolution be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the sewer on Tidelands Avenue has been installed and is presently being backfilled and tested. CITY ENGINEER LILL reported a petition has been received for the improvement of 4P Avenue from 18th Street to 22nd Street and one for the improvement of 21st Street from Avenue to Highland Aven- ue. The c'J“ Avenue petition was signed by persons interested in 60% of the frontage and 51% of the area of the property proposed to be assessed for the improvement. The 21st Street petition was signed by persons interested in 54% of the frontage and 5'7% of the area of the property proposed to be assessed for the improvement. It was recommended the petitioned improvements be authorized as one project. Moved by Fessman, seconded by Allen, the Engineer's recom- mendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the resolution from City of Bakersfield, Fresno, etc., the situation is amply covered in the last issue of the Bulletin of the League of California Cities, and it will be on the agendafor the League meeting in Los Angeles, with a recommendation at that time. PETITION to open 23rd Street West of Newell Avenue was presented. The petition, signed by property owners, petition that 23rd Street Vest of Newell Avenue be constructed and maintained as a public street. It is their understanding that some primary studies have been made of this proposal and ask that same be submitted to them in completed form in order that the amount of land owners may be re- quired to dedicate and the exact location of the proposed street may be determined. CITY MANAGER BIRD recommended the petition be referred to the Planning Commission to find out whether or not we want a street there, and the Park Department be taken into consid- eration as it will be an encroachment on the park. Following their recommendations we could proceed with'the necessary engineering to see what kind of a street could result. Moved by Allen, seconded by Fessman, we accept the City Manager's recommendation. Carried, all theCouneil present voting aye. COMMUNICATION FROM ALBERT E. CLARKE was read regardi.ng a housing program for elderly pensioners. Some of the City orJned land in the vicinity of 4th & Palm could be used for this purpose. It is requested the City Council give this consideration, also investi- gate the details concerning this housing program. Enclosed with the letter was a copy of the Home Finance Bill Sent To House Group July 24th. CITY MANAGER BIRD stated that as of August lst, even 8/5/58 41 though this was published as of July 24th this Bill is now before the House and perhaps that which is in the newspaper is not in con- currence with the Bill before the House. Moved by Allen, seconded by Hart, the letter be filed. carried, all the Council present voting aye. CITY MANAGER BIRD stated he is in receipt -of a Federal Highway Fund Apportionment for the fiscal year 1960. It is a question of getting more money for cities, and the State of California at the present time is set up to make such allocations. COMMUNICATION FROM DEPARTMENT OF PUBLIC y`ORKS was read stating the first quarterly apportionment for the 1958-59 fiscal year for the period ending June 30, 1958, totals $6,910,420.00, an increase over the corresponding quarter of the past fiscal year of $44,572.22, this increase being at the rate of 0.65%. During the same period ending June 30th the population of the incorporated cities inv. creased in the amount of 84,822 at the rate of 0.85%. The populat- ion increase due to special census, amounted to 73,740 and new annexations accounted for 11,082. The per capita allocation for this period is 0.6867, which represents a decrease of .0330 per capita over the corresponding quarter of the previous year. The quarterly allocation of 5/8i gas tax to National City for the quart- er ending June 30, 1958, based on a population of 31,785 is , $21,825.65. COUNCIJ JMAN HOLLIAGSWORTH asked if there might be a movement to increase the City's portion. CITY MANAGER BIRD stated there is definitely going to be brought before the League an equit- able reapportionment of gas tax funds. COMMUNICATION FROM ASSEMBLYMAN SHERIDAN HEGLAND was read, stating Mrs. Hegland and he enjoyed the dedication ceremonies of the new municipal pool. The pool is one of the finest in the entire Nation and will be a tremendous asset in the recreation program in the City. Moved by Hollingsworth, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a deed for a slope easement on Newell Street, and it was recommended by the City Engineer and Management it be referred to the City Attorney to prepare the nec- essary resolution of acceptance. Moved by Hart, seconded by Allen, the City Manager's and City Engineer's recommendation be followed. Carried, all the Council present voting aye. REPORT OF HEARING OFFICERS, James A. Bird, City Manager, and aayne P. Lill, City Engineer, on hearing on the Engineer's repyrt for the improvement of 20th Street from National Avenue to HIP Avenue, 0.0 Avenue from 21st Street to 475 feet North of 'V Aliehrie, and HIP Avenue from 18th Street to 22nd Street, was read: ->No writ- ten protests were received at the hearing. The seven protests were from persons having an interest in less than 9% of the total front- age of the property proposed to be assessed. Findings: 'B'i Avenue between 20th Street and 22nd Street is the outlet waterway for a large drainage area. Twenty acres drain directly through this 8/5/58 42 waterway and an additional 30 acres or so, that has in the past been partially diverted by street construction, will drain through dBa Avenue during heavy rains. Curbs were installed by property owners in 1950 on "B" Avenue between 21st Street and 22nd Street in an effort to control the drainage. The protestants state that the desired control was not obtained. Their proposal that the street be regraded with new curb grades has merit but we find that due to existing buildings and low areas this proposal would be unsatisfact- ory. An underground drainage system is indicated in order to re- lieve the existing drainage condition. An underground system will require considerable maintenance until other streets in the drain- age area are improved. The cost of the initial drainage construct- ion is estimated as $10,000.00. It was recommended the protests received be overruled, and the project proceed under the 1911 Act Improvement procedure. It was also recommended that concurrent with street construction, an underground drainage system be constructed, at City expense, to relieve a portion of -B; Avenue from major flood- ing and that such drainage construction be a separate contract and not a part of the 1911 Act construction. Moved by Allen, seeded by Hollingsworth, the recommendations be accepted and referred to the City Attorney to prepare the necessary resolution. Carried, all the Council present voting aye. COMMUNICATION FROM HOUSING DIRECTOR GAUTEREAUX was read in regard to vacation requested by Lois H. McMillin, Olivewood Housing Cashier. Due to the fact that Donna Pace terminated her position and has not been at the office since July 14th, it has become necessary for Mrs. McMillin to assume her duties for an indefinite period pending the hiring of another person to replace Mrs. Pace. Due to the training necessary of the new employee, it has been deemed advisable to al- locate Mrs. McMillin's vacation beyond the anniversary date of September 27th and consider her request, as follows: 6 days, Aug- ust l5th, 1958 to august 22nd, 1958, and 8 days, December 22nd, 1958 to January 2, 1959. It is requested the City Manager concur in the request. CITY MANAGES{ BIRD stated Civil Service Rules and Regulations require a concurrence from City Council, and it is the Manager's recommendation they concur with the request. Moved by Fessman, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT OF PARK & RECREATION SUPT. GAUTEREAUX in regard to the con- dition of the toilets on "1V Avenue was read. These particular toilets have been watched especially closely during the summer vacation period, and we have required special work details for the park restrooms, and this restroom is sche. uled for some remodeling in the near future as the equipment has now arrived. Concerning the communication and complaint by D. P. Harmer regarding the con- dition of the toilets on Sunday, July 20th, the following caused the condition, it was that date the main sewer line connecting the City Hall and also these toilets connecting into same did have a solid block which caused the sewerage from the entire City Hall to back up and overflow at the lowest point below the City Hall which was these "A'' Avenue restrooms. A letter was sent to Mr. Harmer in this regard. 8/5/58 43 CITY MANAGER BIRD stated the request of the United Pentecostal Church has been taken care of satisfactorily and a schedule has been set up with the Park Dept. COUNCILMAN ATJJN stated he did not see why the City could not build some new restrooms and tear the present ones down completely. Moved by Allen, seconded by Hart, the Council be furnished a re- port from the Park and Recreation Supt. as to what could be done about the restroems, if they could not be located some other place in the park and some new ones constructed. Carried, all the Council present voting aye. PETITION FROM REGISTERED VOTERS was read petitioning the City Coun- cil to submit to the voters of the City on September 16, 1958, a proposition as to whether Council members hereafter shall be elect- ed from five districts.. There shall be one councilman elected from each district and a mayor elected at the pleasure of the elected council body. COUNCILMAN HART said he would be in favor of this procedure. COUNCILMAN FESSMAN said he understands there are legal barriers and nothing we could do about it. Moved by Fessman, sec- onded by Hollingsworth, the petition be filed. COUNCILMAN ALLEN stated he has been told that the legislative body who established the law that could district a city expired in 1956; however, the City of La Mesa and one other city in San Diego County has request- ed their particular representative to try to get it back on the books again, and suggested we send a letter to our representative requesting it. COUNCILMAN FESSMAN said he felt National City was not large enough for districting of Council members. It would be difficult to get candidates from each of the districts who were interested from an entire city standpoint. MAYOR HODGE stated he thought if districting was possible, then it would be up to the voters to determine how they wanted to run the city. Also it should be up to the voters to elect their mayor at large rather than by districts; have either four districts or six districts, if they want seven Councilmen, but four districts and then elect the Mayor at large. Councilmen Hart and Allen were in accord with Mayor Hodges suggestion. Motion lost, by the following vote to - wit: Ayes: Fessman, Hollingsworth. Nays: 'Allen, Hart, Hodge. Moved by Hart, seconded by Allen, the State Legislature be asked to consider allowing general law cities to elect their Councilmen by districts, or elect their Councilmen by districts and the Mayor at large. Carried, by the following vote to wit: tiyes: Alien, Hart, Hoge. Nays: Fessman, Hollingsworth. RESOLUTION NO. 7287 was read, authorizinb the transfer of 54,500.00 from the Unappropriated Reserve in the General Fund to the Swimming Pool.Fund. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO WOOD PRESERVING CONNPANY was read, stating they would like to lease approximately three acres of tide- lands property, 1323 W. 24th Street. 8/5/58 44 COMMUNICATION FROM MUELLER TRUCK COMPANY was read regarding their application for leasing of City's tidelands property. They are desirous of having a meeting with the Harbor Committee sometime after August loth. CITY MANAGER BIRD stated Mr. Weber of the San Diego Wood Preserving Company, Mr. Snyder and Mr. Frank B. Jumon- ville all wish to have a meeting with the Harbor Committee. Moved by Fessman, seconded by Hart, the matter be referred to the Harbor Committee. Carried, all the Council present voting aye. DIRECTOR OF HOUSING GAUTEREAUX presented his report for the fiscal year 1957-58 and stated the report shows the net revenue very close to that of a year ago. Mr. Gautereaux stated he felt that the business was very good. Some improvements have been made along the major streets and the tenants have been encouraged to take better care of their lawns, which they have done. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 608 signed by Luella A. Kimball rel- ative to the property located at 127 E. 7th Street, which was re- ferred back to the Commission after public hearing held by the City Council, from an appeal on the Commission's recommendation, and with addi ti oa al information on a new plot plan. In view of the inform- ation provided on the new plot plan, which was not evident at the time of the Planning Commission's public hearing, the Commission recommended the granting of the zone variance, provided the off street parking is taken care of, curb is broken, driveway is in- stalled and off street parking area is paved or blacktopped, before final inspection of the structure by the Building Inspector, and also provided the utility building is removed before the building permit is granted. Moved by Allen, seconded by Hart, the recommend- ation of the Planning Commission be accepted, and referred to the Attorney for the preparation of a resolution. Carried, all the Council present voting aye. RORT FROM THE PLANNING COMMISSION was read recommending the ac- ceptance of the following grant deeds for street purposes: Grant deeds from Alfred Anderson and Oscar F. and Mary E. Escalante for an additional 10 feet of Third Street at Laurel Avenue and the curb return at Third Street and "JH Avenue, southeast corner. Attached were easements for construction purposes which the City Engineer recommends acceptance. Grant deeds received from Verne 0. and Dorothy E. larner, and Dale and Lo Ree Schowengerdt, for an addit- ional dedication of the west half of Thelma Lane in the 500 Block. Grant deed from William M. and Lois B. Courtney for an additional portion of the north half of 19th Street west of Valle Vista Avenue. Moved by Allen, seconded by Hart, the recommendation of the Plan- ning Commission be approved, and referred to the Attorney for the preparation of the resolution. Carried, by the following vote to - wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COk' ISSION was read relative to petition requesting partial closing of 23rd Street between 'I" and Aven- ues, leaving the alley open north and south and with access from 8/5/58 45 the alley to 414 Avenue. Reports from the utility companies in- dicates there is no objection to the closing, also the closing is in accord with the City Engineer for the development in this area for a 1911 Improvement act program under study at this time. It was recommended the street be closed, as shown on the map. COUNCIL- MAN FESSMAN stated he did not think the street should be closed. CITY ENGINEER LILL stated this portion of 23rd Street intersects at 23rd and "J4 Avenue, and it is very difficult to improve. Moved by Hart, the -report of the Planning Commission be approved, and re- ferred to the Attorney. Motion died for lack of a second. Moved by Fessman, the street not be closed, and that dedications be kept for the street that there is; if the people want any revisions of the actual street, it might be permitted, but we keep the dedicat- ions for a street so we can keep it open. COUNCILMAN ALLEN stated he was in accord with Mr. Fessman, that he is opposed to closing any existing streets, after one has been closed, we find need for it again and then we do not get it. He would rather see the street left open and barricaded. Motion died for lack of a second. COUN- CILWOMAN HOLLINGSWORTH stated before she would vote, she would like to view the site. Moved by Allen, seconded by Hart, this be tabled until the entire Council have made a field trip to the site. MAYOR HODGE stated he will not go out and look at the location, as he would take the recommendation of the Planning Commission, he would prefer to refer it back to the Planning Commission and have them make a field trip. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Nays: Hodge. COUNCILMAN FESSMAN excused. REPORT FROM THE PLANNING COLISSION was read relative to Tentative Record of Survey Map of V. A. Barber, consisting of eight lots at 12th Street and Paradise Drive. CITY PLANNER STOCKMAN stated she thought Mr. Barber would be at the meeting today, and since he is not, requested the report be laid over. The Commission had re- quested all conditions be taken care of by Mr. Barber prior to action by the Council. Moved by Hart, seconded by Allen, this re- port be laid over until the next meeting. Carried, all the Council present voting aye. CLINTON MATTHEWS.was present and stated he was present on behalf of his tenant at 4th and Palm regarding the installation of a sign. Mr. Matthews said he would like to speed up the granting of variance, if possible. The business will open Saturday, and asked if the City Attorney could be instructed to prepare a resolution, and when the variance is approved, the resolution could be adopted at that meeting instead of being held over for another week. Moved by Hart, seconded by Allen, the resolution be prepared for presentation at the meeting of August 19th. Carried, all the Council present vot- ing aye. RESOLUTION NO. 7288 was read, 'RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (20th Street, A and. B Avenues)." Moved by Hollings- worth, seconded by Hart, the Resolution be adopted. Carried, by 8/5/58 46 the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Hodge. Nays: None. Absent: loessman. RESOLUTION NO. 7289 was read, °RESOLUTION ADOPTING WAGE SCALE (20th Street, A and B Avenues)." Moved by Hart, seconded by Allen, the Resolutio* be adopted. Carried, by the following vote to -wit: Ayes: Alen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO.. 7290 was read, 'SOLUTION OF INTENTION NO. 7290 (20th Street, A and B Avenues);2 Moved by Allen, seconded by Hol- lingsworth* the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. COUNCILMAN HART excused. RESOLUTION NO. 7291 was read, "RESOLUTION ACCEPTING CONVEYANCE OF MEAL PROPERTY", Grant Deed from Terrell E. and Dorothy A. Rogers, dated April 3O, 1958; Grant Deed from Louis and Jennetta Ellsworth, dated May 21, 1958; Grant Deed from J. T. and Janet P. MacDonald, dated April 14, 1958; Grant Deed from Ramon A. and Eloise C. Gon- zalez, dated November 27, 1957; Grant Deed from Mrs. Ruth S. Mend- eola and Joe E. Mendeola, dated November 25, 1957; Grant Deed from Richard V. and Margaret M. Ambre, dated June 12, 1958; Grant Deed from Layton E. and Mrs. Layton E. Tinder, dated June 9, 1958; Grant Deed from Cleo and Monica B. Osburn, dated February 26, 1958; Grant Deed from Raymond P. and Iris B. Hayward, dated February 22, 1958; Grant Deed from Donald M. and Katherine J. Schaufler, dated February 25, 1958; Grant Deed from Charles L. and Dolores E. Beal, dated February 25, 1958; Grant Deed from Billy C. Johnson & Sharon D. Slain, dated July 10, 1958; Grant Deed from Henry do Orpha Gretler, dated March 4, 1958; Grant Deed (Individual) from Paul W. Brown, dated November 26, 1957. Moved by Allen, seconded by Hollingsworth, the Resolution be adopted, Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart, COUNCILMAN HART present. CITY MANAGER BIRD stated that Leonard Teyssier of Teyssier & Tey- ssier is present and he is wondering about his payment, and has sent a note to the effect the County Recorder has no record of the lien or claim of any kind; naturally Teyssier & Teyssier would ex- pect payment in lieu of a valid reason wny the payment should not be made. Mr. Bird said he did not know whether Mr. Teyssier is aware of the fact thet Reid's Plumbing have filed a lien with the City. MR. TEYSSIER was present and stated he was not aware of any claim and the County Recorder would have it if it had been filed, s.asked if he could have a copy of the lien. CITY CLERK ALSTON gtated the lien was filed August 1st. CITY MANAGER BIRD stated he �l receipt of a letter which purports to have a copy of it sent o 'eyssier & Teyssier, enumerating certain things to be done and 8/5/58 47 the architect refusing to accept the job as a completed job, and informing Mr. Bird to the affect that notice of completion should not be filed until such a time as the 26 items involved, which Teyssier ec Teyssier, according to the communication from the arch- itect have a list of, has been resolved. Moved by Allen, seconded by Hart, this be referred to the City Attorney and City Manager. Carried, all the Council present voting aye, COMMUNICATION FROM J. L. KELLER was read asking if when the Las Palmas pool was planned did they plan how the people to the west of the pool that walk, were going to get there. Mr. Keller stated he lives on the 1300 block on E. 20th Street, a dead end street, with a sign on 4Na Avenue stating it is not a through street. In order to get from aILli to 41" Avenue they have to pass over fences to get there. It appears that the City should put up a sign on HL4. Avenue stating it is private property. Moved by Allen, seconded by Hart, the communication be referred to the City Manager and if it is within the Cityos jurisdiction, that a sign be placed. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he would like a report from the City Man- ager in regard to the possibility and the feasibility of establish- ing a Public Works Department in National City, thereby consolid- ating sane of the departments. COUNCILMAN ALLEN stated an our budget, as of July lst, there were some promotions scheduled and positions open in various departments, and he wm ld like to know the reason for the delays in promotions, etc., and wondered if that sort of thing could not be speeded up.. CITY MANAGER BIRD stated he is assuming that the positions Mr* Allen is speaking of are those which are under Civil Service and which are set up under that rule and regulation, if they are so, we then are in this position: in the absence of a list, Civil Service must then hold an examination to create an eligible list, in the position where an eligible list is in effect, it is then the prerogative of the department head to interview those who are elig- ible and make his or her recommendation for the filling of the particular position or positions. COUNCILMAN ALLEN asked if it is not possible for the City Manager to consult the department heads and ask them why it has taken them sDlong to do this, is it nec- essary to keep a man from getting pay for a month or two months because somebody cannot make up their mind. CITY MANAGER BIRD stated there is nothing wrong with him inquiring of a department head what he proposes to do in any given situation, and what act- ions can be expected of him to fill his complement which has been set forth in the budget. COUNCILMAN ALLEN said in the Police De- partment there has been no promotions, and it has been over thirty days since the budget was presented, and the head of any depart- ment, in order to keep his people happy should see that they get promoted when they are entitled to it. Moved by Allen, seconded by Hart, some action be taken on these things in the interest of the employees. Carried, by the following vote to -wit: Ayes: Al- len, Hart, Hodge. Nays: Hollingsworth. Absent: Fessman. 8/5/58 48 COUNCILIVN ALLEN stated the Council was informed by the City At- torney and the City Manager that probably we would have, at this meeting, a report on the feasibility of accepting the Civil Service Commission's recommend.tion regarding the Park and Recreation De- partment, and asked if the resignation of one individual would keep the Council from getting a clarification, or what might happen again in the future. CITY MANAGER BIRD stated he informed the Council those questions which were propounded and proposed by the Civil Service Commission and by the petition of a number of people, also the referral to the City Manager on various positions, would take considerable study. Mr. Bird stated he has made considerable study, he has talked with recreation people, has sent for inform- ation from the International Managers Association, and has gone in- to it in lengthy study and detail. It involves more than any one individual employee. There is the other side of the question, and as Administrator of the City, Mr. Bird said he cannot overlook; that is the people's side, and is speaking now regarding a depart- ment, or two or three departments which are in a busy season and which he does not propose to disrupt, in other words he proposes to 41imp'' along until such a time he can come up with a proper re - organizational plan. Mr. Bird said he would like to ask that the Council have a private closed meeting, which they are allowed to do, whereby he can present a plan which entails personnel. Moved by Allen, seconded by Hollingsworth, the Mayor call such a meeting. Carried, all the Council present voting aye. COUNCILMAN ALT,F,N said he just wanted to knew what can and what cannot be —done; also if we are going to have a Planning Commission, let us go along with their recommendation, and if we are going to have a Civil Service Commission, we likewise should go along with their recommendation, or find out why we cannot that is the reason for the question. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:28 P.M. /:: MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 8/5/58