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HomeMy WebLinkAbout1958 09-16 CC MIN92 National City, California, September 16, 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, Hollingsworth, Hodge. Council members absent: Fessman, Hart. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Mayor Hodge. Moved by Hollingsworth, seconded by Allen, the minutes of the regular meeting of September 2, 1958, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7308 was read, 4RESOLUTION ABANDONING SEtiMER EASEMENTS". The sewer easements abandoned are described as follows: A. That 10 foot wide sewer easement as shown bearing northeasterly to southwest- erly across Lots 3 and 4, in Orchard Manor Subdivision. B. That 10 foot wide sewer easement as shown bearing northeasterly to southwest- erly across Lots 13 and 14, from the north line of Lot 13 to a line parallel with and 4 feet northerly of the southerly line of Lot 14, in Orchard Manor Subdivision. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, by the following vote to wit: Ayes: Allen, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart. RESOLUTION NO. 7309 was read, approving that certain lease for Parcel 7-A of National City Tidelands to J. S. Weber, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. 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. RESOLUTION NO. 7310 was read, granting a special zone variance permit to Luella A. Kimball for the purpose of eonstruoting a one unit building on property having only 4312.5 square feet. 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. RESOLUTION NO. 7311 was read, requesting the Board of Supervisors of the County of San Diego to withhold approval of proposed Tax Sale No. 6435 for the sale of Nly 220 ft of Sly 330 ft of W1y 30 ft of 80 Acre Lot 1 in Quarter Section 128, Rancho de la Nation, in the City of National City. Moved by Allen, seconded by Hollingsworth, the Resolu- tion be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart. 9/16/58 93 ORDINANCE NO. , si AN ORDINANCE OF INTENTION TO VACATE AND CLOSE A PORTION OF 23rd STREET BETWEEN "I" AND 6J" AVENUES IN THE CITY OF NATIONAL CITY, CALIFORNIA', was presented for the first reading, and read in full. REPORT FROM THE TRAFFIC SAFETY COMEITTEE was read stating discussion of truck routes was held over pending further study. The matter of limited parking adjacent to Highland Avenue was discussed, and it was the recommendation of the Committee that all cross streets along Highland Avenue be zoned for two hour parking to the extent of the business zones, to -wit: one half block East and West of Highland Ave- nue, At the present time signs would be installed at the following locations, and at the remaining locations if and when deemed neces- sary: Third Street (West side only); Fifth Street (both sides); Sixth Street (both sides); Twelfth Street (East side only); Sixteenth Street (both sides); Eighteenth Street (both sides); Twenty -Third Street (East side). Moved by Hollingsworth, seconded by Allen, the recommendation by the Traffic Safety Committee be held over until next week when we have a full Council. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read regarding a letter from the Navy requesting pedestrian crossing sign at 8th and Harbor Drive, Since signs posted in the middle of the street are not used in National City, the committee proposed that pedestrian crossing signs be erected on both sides of the existing crosswalk and painted on the pavement. CITY MANAGER BIRD stated this is Bast of tine State highway and is the crosswalk that now exists between the warehouses and at the main gate to the warehouses. They are requesting signs be placed and also the crosswalk be repainted. It is East of the Harbor Drive intersection. Moved by Allen, seconded by Hollingsworth, the recommendation of the Traffic Safety Committee be accepted. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending the curbs at 8th and ND°° be painted red for a distance of 20 feet back of the projected curb line of the opposing streets. Moved by Allen, seconded by Hollingsworth, the recommendation of the Traffic Safety Committee be adopted. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read stating the request for a street light in the 2300 block of 6th Street was set aside for further study. k study was made of the traffic control at the inter- section of Division Street and Harbison Avenue. It was x+ecommended the following changes be made: the stop sign for Eastbound traffic on Division be replaced with a yield sign, a stop sign be installed for Southbound traffic on Harbison, the stop sign be retained for Westbound traffic on Division. COUNCILMAN ALLEN asked if one of these intersections is in the City of San Diego. CITY MANAGER BIRD stated 9/16/58 94 there is one corner in San Diego. We were requested by the City Engineer of the City of San Diego to make a study of this interseotionh, we made a. study of the intersection as well as the traffic count, and came up with a 4000 traffic count. We then submitted to the City Engineer of San Diego an alternate, he came back with a different situation with the result that the Traffic Committee made a very extensive study of it and they have come up with the recommendation in the report. Mr. Bird stated in going East on Division at Harbison Avenue there will be placed a ''Yield'° sign; going South on Harbison. North of Division Street, the stop sign will remain. The stop sign will remain going West on Division coming out of San Diego. This has been approved by the Traffic Department of San Diego as well as re- commended by our Traffic Safety Committee. There is another sign to be erected providing the City of San Diego will provide it, that is an arrow pointing West to San Diego designating the City of San Diego. We are waiting to see if the City of San Diego will pay the cost of the sign. Moved by Hollingsworth, seconded by Allen, the recommenda- tion be approved. Carried, all the Council present voting aye. REPORT FR(LI THE TRAFFIC SAFETY COMMITTEE recommended a traffic count be taken at 16th and Lenoitan in order to decide if present traffic control is the most efficient. Moved by Allen, seconded by Hollings- worth. the recommendation of the Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending a stop sign be installed on Plaza Boulevard at 8th Street. Moved by Hollingsworth, seconded by Alien, the recommendation of the Traffic Safety Committee be adopted. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read stating a letter of resignation from Sanford Daigle was presented, and it was accepted with regret. Moved by Allen, seconded by Hollingsworth, the resigna- tion be accepted with regret. Carried. all the Council present voting aye. ATTORNEY CURRAN reported the Insurance Agents Association has sent Fireman's Fund Insurance Company Policy No. ASV 3464, and they point out the rates set forth in the policy are tentative only because of the fact a new blanket rate is in the process of being adopted by the Pacific Fire Rating Bureau. It was recommended the policy be approved and filed. Moved by Hollingsworth, seconded by Allen, the Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Aetna Casualty and Surety Company has served a cancellation notice that Sidewalk License Bond No. 33 S 37901 on behalf of York H. Smith Co. is cancelled. It was recommmended York H. 9/16/58 95 Smith Co. be notified of the cancellation and advised that it will be necessary to file a substitute bond or surrender their license. Moved by Allen,seconded by Hollingsworth, the recommendation of the City Attorney be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the letter from Swing, Scharnikow & Stonif orth, dated August 28, 1958, in reality is a petition in two parts. The first part is that the measure of sales tax be reduced from $162,390. 74 to zero, with reference to & sale by Joseph and Leonard Nowakowski of the Coast Industrial Launderers to the Prudential Overall Supply. The second part is as a result of the same transaction the measure of tax be reduced from $162,390.74 to $117,775.24. The matter is receiving the attention of the State Board of Equalization and with reference to the determination that has been made by the Board of Equalization, it is the City Attorney's opinion that both parts of the petition contained in this letter should be denied by the City Council, and that the law firm should be so advised. Moved by Allen, seconded by Hollingsworth, the reoommendation of the City Attorney be approved, Carried, all the Council present voting aye, ATTORNEY CURRAN reported Seourity Title Insurance Company's Policy No. 310190, insured the City of National City as the owner of certain real property, and recommended the policy be approved and filed. Moved by Alien, seconded by Hollingsworth, the City Attorney's recom- mendation be followed. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated there was referred to the City Manager and City Attorney the question of procedure for the purchase of voting machines. In view of the possibility which has been brought to the attention of these officers by the City Clerk, and the possibility that voting machines may be made available to the City in the near future without the necessity of purchasing same, the City Attorney, with the consent of the City Manager, recommends tha matter of purchase of voting machines by the City of National City be held in abeyance. Moved by Allen, seconded by Hollingsworth, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported he has been advised by the Attorney for The Independent that the matter regarding the circulation of that news- paper in the City of National City which has been complained of before the City Council is in the process of being remedied. EVE F. BISBERG 1826 E. 8th Street, was present and read a communica- tion from the Better Citizens Committee, protesting Resolution 7300, and petition the City Clerk, Mrs. Irene Alston, to reoord the protest. 9/16/58 96 VINCENT DE LUCIA, 1930 Granger Avenue, was present and stated about a month ago he presented photographs of cuts made preparatory to building on 20th Street between Granger and Lanoitan, and thought at that time something should be done about it but the Council made no comment on his statement. Mr. DeLucia said he took this up with the Building Department and Mr. Biggs agreed there was a violation of the Ordinance but he was not in a position to take the case to court as he had no authority to do so. The matter was taken up with the Engineering Department and Mr. Lill also admitted that it was an illegal cut and something should be done about it. The next week he talked with Mr. Lill about it and we went to Mr. Bird together, and Mr. Bird was going to write a letter to Mr. Evans, who Mr. DeLucia said he believed was the other property owner concerned; however it is Mr. DeLucia's belief the matter should be taken into court and should be handled properly. Information has been received from another source they intend to build three more hones on this particu- lar piece of property. Ordinance No. 837 ma adopted to take care of such situations. If the Council does not take this matter to court or take it under advisement he will do so himself; but he would rather the Council handle it. They have already committed the violation, under section 1 of Ordinance No. 837. Mr. DeLucia said if at any time when a cut is left over four feet below any piece of property, regard- less of whether it is on your own property or any other person's property it is in violation of this Ordinance, This particular cut is over five feet deep, and he thought something should be done about it. The Ordinance requires that a bond be provided for this type of thing, to make sure they do the things they are supposed to do, but the Council does nothing about it, and allows the property owner to do anything they please, They made the cut without even a building permit, they did not get it until later. The building permit called for a 15 foot setback at the time they put the foundations in, but they found out the setback was not proper and they had to amend the building permit in order to conform with the way they put in the footing. The Ordinance makes provisions for punishment if any person violates any of the provisions. MR. DE LUCIA stated about a year ago he first complained about the building program that was being permit- ted in his neighborhood, permitting the building of two duplexes and a single family dwelling on one half of a lot on the North side of 20th Street between Lanoitan and Granger Avenue, and at that time he talked to Mrs. Stockman and she said she did not like it but there was nothing she could do. The City Attorney had told her the building program was possible and correct. The Building Inspector also stated he did not like that type construction but since the Planning Depart- ment approved it he could do nothing about it. Mr. DeLucia said he tried to get this type of construction stopped, that the law did not provide for it and was contrary to anything he ever heard of, but nothing was done. Mr. DeLucia said he has certain investments to protect in this neighborhood, and quoted sections in Ordinance No. 750. 9/16/58 97 Mr. DeLucia made a drawing on the board showing a number of violations which exist in the area. According to law it is up to the Council to instruct the City Attorney to do something about it; there is also a law which allows independent individuals in a writ of mandamus, and unless this thing is corrected, Mr. DeLucia stated even if it costs him, he is going to bring a writ. EVE F. BISBERG, 1826.E. 8th Street, was present and stated on behalf of what Mr. DeLucia has stated, they have a similar situation in their neighborhood; Mr. Terry, a builder, who can build five houses on an R-1-A lot, who can also cut down a hill. EDMOND LA CASSE, 2120 Highland Avenue, was present and stated Mr. DeLucia is a graduate of law school and he knows what he is talking about, and he was talking to the City Attorney and the City better start doing something about it. Moved by Hollingsworth, seconded by Allen, the matter be referred to the City Manager to ascertain in the various parts of the City where there are violations, and if there are violations that steps be taken to correct them, and it be referred back to the Council when finished with the examination. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he would like to know, and perhaps the City Manager could inform us at the next meeting, whose responsibility it is to police the ordinance violations, due to the fact these people have said they go to the City Planner and they are referred to the Building Department or the Inspection Department, from that department to another department; it seems it might be a big merry go round. Someone in the City does have the power and authority to police these things and take care of these violations, and Mr. Allen said he would like to know, and perhaps by making it public we could save these people from doing a lot of running around. CITY MANAGER BIRD stated primarily under General Law Cities the enforcement of any regulatory ordinance or ordinance by a city council duly made is by the police department, in the absence of specific instructions otherwise. In the matter of Ordinance 750, Mr. Bird said he believed there are four departments charged with the enforcement of various portions as they apply to their department; fire is charged with all of those things which would come under fire department regulations; health department is charged with those things which pertain to health; building depart- ment is charged with those things which pertain to structure and building. That is one ordinance which specifically sets up and dele- gates authority. Vle have other ordinances which not only are enfor- cible by the police department but enf orcible by specific persons so designated; such as the electrical ordinance in which you find the electrical inspector as the enforcing agent; the plumbing ordinance, the plumbing inspector, etc. However, in the absence of a specific enforcement agency delegated and so stipulated in the ordinance itself 9/16/58 98 it comes under police power. Moved by Allen, we get a report from these various enforcing agencies, or the heads of such, as to what they can find that is not right in these particular instances Mr, DeLucia has brought up and see if we cannot iron it out. MAYOR HODGE stated he would much rather have people Dome to the Council objecting to ordinances being enforced. CITY MANAGER BIRD stated there was a motion made and seconded the matter be referred to the City Manager; the only alternative he has is to do exactly that which was directed, and he must of necessity interview all of the departments which are involved in these particular complaints and there must have been twenty or twenty-five violations which have been committed, whether they have or not is a question of interpretation of the existing im- plements which we have to work with, speaking of the law itself. Motion died for lack of a second. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $19,101.69 Traffic Safety Fund 1,656.24 Park Fund 396.81 Harbor Fund 7,982.87 Trust & Agency Fund 128.33 Drainage 304.50 Payroll Fund 44,751.33 TOTAL $74,321.77 Moved by Hollingsworth, seconded by Allen, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart. RESOLUTION NO. 7312 was read, authorizing the following expenditures from the Capital Outlay Fund: Teyssier & Teyssier, $5,556.47, for Swimming Pool; Western Metal, $23.76, for Swimming Pool. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays; None. Absent: Fessman, Hart. COUNCILWOMAN HOLLINGSWORTH asked the City Manager if he had set up the arbitration board relative to the swimming pool. CITY MANAGER BIRD said he has not. COUNCILWOMAN HOLLINGSWORTH asked if the two parts which are to be arbitrated between Teyssier & Teyssier and the City are not arbitrated and taken care of before the date of the final payment, will it hold up the payment. ATTORNEY CURRAN stated the present status is that the two points which have not been resolved but have previously been discussed, upon analysis are found to be claims for extra work, for compensation over and above the contract price. That being the case there is a question whether the arbitration 9/16/58 99 requirement of the contract applies is a legal question, the basic legal question is whether or not the work was covered by the plans and specifications and whether the contract which requires the con- tractor to perform the work at the contract price, which is the contention of the architect, or whether the contractor is correct in stating it was not included and is entitled to extra oompensation. Those issues would have nothing to do with the payment of the ten percent withheld, COUNCILMAN ALLEN asked if the order of cessation would be the same as the notice of completion for the period of 30 days allowed for mechanics liens, etc. CITY ATTORNEY CURRAN stated the order for cessation of labor gives the same proteotion to the City and enables it to make payment the same as the filing of a notice of completion. REPORT OF CITY TREASURER for the period ending August 3lat was pre- sented. Moved by Hollingsworth, seconded by Allen, the report be filed. Carried, all the Council present voting aye. COMMUNICATION FROM B.J. GAUTEREAUX, SUPT. PARKS & RECREATION regarding petition to open 23rd Street West of Newell Avenue, was read. The properties that may be affected by the opening of 23rd Street West of Newell to a point abutting city property at the pool location is con- siderably lower in elevation the full distance than the City Park property which now has grade elevations established to the center of 23rd Street West of Newell. PETITION TO OPEN 23rd Street WEST OF NEWELL AVENUE was attached. Moved by Allen, seconded by Hollingsworth, it be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM SVVEETWATER COUNCIL P.T,A., was read, stating they represent six elementary schools in National City, and request that the Las Palmas Pool be kept open ten months during the year. Moved by Allen, seconded by Hollingsworth, it be referred to the Park and Recreation Advisory Board. Carried, all the Council present voting aye. COMMUNICATION FROM REID'S PLUMBING & HEATING was read stating on August '7th they paid $257.50 for a sewer connection for the Plaza Bowl. Due to an engineering change it was necessary to change the sewer location. The new location requires an easement connection rather than the regular connection. The charge for an easement connection is $172.00; therefore they request a refund of $85.50. REPORT FROM BUILDING INSPECTOR BIGGS recommended the refund be granted, as requested. Moved by Hollingsworth, seconded by Allen, the recom- mendation of the Building Inspector be approved for a refund to Reid's Plumbing & Heating. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart. 9/16/58 100 NOTICE FROM COUNTY BOARD OF SUPERVISORS in regard to sale of tax deeded property east of Palm Avenue, was presented. CITY CLERK ALSTON stated she had written and informed them the City intended to oppose the sale; however it is a formal procedure to serve the notice. They also sent in the option agreement to purchase the same. CITY CLERK ALSTON stated today we adopted a resolution protesting the sale, and recommended it be referred to the Attorney and authorize him to prepare the resolution to purchase the option. Moved by Allen, seconded by Hollingsworth,_the City Clerk's recommendation be approved. Carried, by the following vote to -wit: Ayes: Alien, Hollingsworth, Hodge. Nays: None. Absent: Fessman, Hart. CITY CLERK ALSTON presented the Annual Report to the State Controller for the period ending June 30, 1958, which was approved by the City's Auditor. Moved by Allen, seconded by Hollingsworth, the report be accepted and filed. Carried, all the Council present voting aye, CITY CLERK ALSTON stated she received a notice of cancellation of a sidewalk license bond and recommended it be referred to the Attorney. Moved by Allen, seconded by Hollingsworth, the City Clerk's recommen- dation be followed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice of Sale of Real Property, Hoover Avenue between 16th & 17th Streets. Moved by Hollingsworth, seconded by Alien, the Affidavit be accepted and filed. Carried, all the Council present voting aye. COMMUNICATION FROM SUNDAY SCHOOL FAIR which enclosed a proolamation for the Mayor to proclaim the week of September 24-27, 1958, as Sunday School Fair Week, was presented. Moved by Hollingsworth, seconded by Allen, the Mayor be authorized to sign the proclamation. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF OFF -SALE BEER & WINE BEVERAGE LICENSE of Eugene B. & Juanita Eeds, known as Genes Market, 24 E. 24th Street, was presented. REPORT FROM POLICE DEPARTMENT stated investigation revealed no grounds for protest. Moved by Hollingsworth, seconded by Allen, the application be filed. Carried, all the Council present voting aye. GENERAL ANNOUNCEMENT OF JOINT INTERIM COMMITTEE ON HIGHWAY PROBLEMS was read. The meeting in San Diego on September 24th isin the Council Chambers, Room 358, Civic Center at 10:00 A.M. Moved by Hollingsworth, seconded by Allen, the announcement be filed. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFf NIA ROADSIDE COUNCIL was read stating that Senator John F. McCarthy of Marin County has announced his intention to schedule Senate subcommittee hearings this fall on the total 9/16/58 101 problem of billboard. control.. This study is directly related to the provision in the 1958 Federal Highway Act which offers a bonus of an additional 1/2% of federal funds to any state which controls outdoor advertising along new Interstate Highways. They urge the City there- fore to participate in local hearing before the subcommittee with constructive suggestions as to how California can best bring its highway system up to high national standards in a way that will be of general benefit to the state. Moved by Hollingsworth, seconded by Allen, it be referred to the City Manager and if it is in our area see that someone attend the meeting. Carried, all the Council present voting aye. NOTICE FROM CALIFORNIA LEGISLATURE, Assembly Interim Committee on Conservation, Planning, and Public Works, was read. A hearing will be held in Room 115, State Building, Los Angeles, on October 6 and 7 beginning at 10:00 A.M. each day. Moved by Allen, seconded by Hollingsworth, it be referred to the City Planner. Carried, all the Council present voting aye. CITY CLERK ALSTON stated an September 5th she received a notice of a meeting of Small Craft Harbors to be held in Los Angeles, and as the Council requested them to notify the City of impending action, she contacted the City Attorney after receiving the notice, and he did not think there was anything of sufficient importance to attend the meeting. Moved by Hollingsworth, seconded by Allen, the notice be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON announced the meeting of the County Division of the League of California Cities, Friday, September 19th at Imperial Beach Elementary School. CITY ENGINEER LILL reported the contraot has been signed by the Griffith Company for the 1911 Act Improvement of 3rd Street and "J" Avenue, and work should start in the near future. CITY ENGINEER LILL stated the last of the traffic signals have been installed and are now in operation. REPORT FROM CITY ENGINEER LILL was read regarding petitions received for improvement of the following streets; Granger Avenue, 20th to 24th Street; Granger Avenue, 18th to 20th Street; 20th Street, Van Ness to Granger. The subject petitions are discussed as follows: Granger Avenue• 20th Street to 24th Street: Petitioned improvements: Grading, Paving, Type "G" Curb, and Sidewalk, Granger Junior High School occupies 50% of frontage and more than 50% of area of proposed assessment district for the improvement. Not including school proper- ty, the petition was signed by persons interested in 55% of the area and 64% of the frontage of the proposed district. Granger Avenue- 9/16/58 102 18th Street to 20th Street: Petitioned improvements - Grading, Paving, Type 4G° Curb, and Sidewalks. Petition was signed by persons interested in 17,E of the frontage and 16% of the area of the proposed assessment district for the improvement. 20th Street -Van Ness Avenue to Granger Avenue: Petitioned improvements - Grading, Paving, Type 40 Curb, gutters. sidewalk. Granger Junior High School occupies 5O% of frontage and more than 50 of area of proposed assessment district for the improvement. Not including school property, the petition was signed by persons interested in 64% of the frontage and 70% of the area of the proposed district. No petition was received for the improvement of 20th Street from Granger Avenue to Lanoitan Avenue. It was recommended the City Council authorize the improvement of Granger Avenue from 20th Street to 24th Street and of 20th Street from Van Ness Avenue to Granger Avenue. and the school be requested to approve such improvement by assessment. It was also recommended that the previously petitioned and inactive improvement of 20th Street from Rachael Avenue to Van Ness Avenue be reactivated and added to the petitioned improvements. No recommendation was made concerning the improvement of Granger Avenue from 18th Street to 20th Street, as the percent petitioned was less than 50%. Moved by Allen, seconded by Hollingsworth, the recommendation of the City Engineer be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH asked if the lights of the traffic signal at 1@th and National Avenue have been corrected. The green light is not on long enough for a pedestrian to cross National Avenue. City Engineer LILL stated the light had been reset, and provided more time to cross than it did originally. COUNCILWOMAN HOLLINGSWORTH stated it is better than it was but it is still a little too quick in chang- ing. COUNCILMAN ALLEN stated he received two complaints from residents at 17th and ccN" regarding drainage. It is his understanding there has been some discussion with the City Manager and City Engineer in this regard and he would like to have a cost figure as well as the possi- bility of a means of eliminating the condition. MAYOR HODGE declared a recess. The meeting was called to order by Mayor Hodge. Council members present: Alien. Hollingsworth, Hodge. Council members absent: Fessman, Hart. CITY MANAGER BIRD stated he is in receipt of deeds and easements, one in the matter of Escrows Nos. 10540, 10674, and 10545, and recommended they be referred to the Attorney to prepare the resolution of accep- tance. Moved by Allen, seconded by Hollingsworth, the City Manager's recommendation be approved. Carried, all the Council present voting aye. 9/16/58 103 CITY MANAGER BIRD stated Councilman Hart called him Friday afternoon and stated he would not be present for this meeting, and possibily would not be present for the meeting of September 23rd. CITY MANAGER BIRD stated in regard to the report which Councilman Allen requested regarding drainage at 17th & 414, it is the most difficult thing we have in the City, and because of that he will not be able to give a report in one week. COUNCILMAN ALLEN stated that would be satisfactory. COMMUNICATION FROM T.M. HEGGLAND was read stating attached were copies of a formal agreement between the. City of National City and the County of San Diego covering the care of City prisoners at the County Hospital. CITY MANAGER BIRD recommended it be referred to the Chief of Police and the City Attorney to bring in a report as to whether or not we should enter into this contract. Moved by Hollingsworth, seconded by Allen, the City Managers recommendation be followed. Carried, all the Council present voting aye. REPORT FROM CHIEF OF POLICE SMITH regarding National City Police Reserves, was read. It was suggested in the Council meeting that the status of the reserve officers of the City of National City be changed and that some compensation be provided. It is felt that if the reserve men were given compensation, it would eventually lead to inadequate remuneration, which would put professional enforcement on dangerous ground and would undoubtedly create a morale problem within the ranks of the regular police officers of the City. This would also remove the reserve officer from the protection now received under the Office of Civilian Defense, making the City entirely responsible for the insurance protection they now enjoy at no cost to the City. In order to properly protect the reserve officer and the City, it would be deemed advisable for all members of the reserve unit to be given a rigid physical examination and sane of the present members would not qualify under this program. Mr. Truman Brewster, auditor from the State Compensation Insurance Fund, was contacted and he informed the writer that the trend in the cities throughout San Diego County is to maintain reserves under the Volunteer Civil Defense & Disaster Worker& Act. He also stated the benefits under this plan, as presently in operation, are almost equal to the State Compensation of regular employees. The City's insurance carrier stated they are certain such parties as deputy and trainee policemen or reserves are included in the false arrest insurance policy now covering regular officers. It is recommended the National City Police reserves be maintained as authorized under the Volunteer Civil Defense & Disaster Act as they have been since its organization in 1951, to serve without compensa- tion as mentioned in the bulletin of February 24, 1958, issued by the California Disaster Office, which gives them coverage for injury under the Workmanis Compensation benefits for Volunteer Civil Defense do 9/16/58 104 Disaster Service Workers. In view of the information received from the City's insurance carrier, stating the reserve officers are covered under the false arrest insurance policy, it is recommended we follow the procedure of the majority of the law enforcement agencies in San Diego County and issue to each individual a breast shield in addition to the cap piece and the identification card, which they now have in their possession. COUNCILMAN ALLEN said he thought Chief Smith should be complimented for doing such a good job; all the questions have been clarified which the reserve officers were concerned about. REPORT FROM B. J. GAUTEREAUX, DIRECTOR OLIVEWOOD HOUSING was read relative to Navy owned and operated Housing Authority rates and method of rent charging. Mr. Gautereaux stated on September 9th in company with Lietuenant Borbidge, officer in charge of Naval Housing and Welfare under jurisdiction of Commandant's Office, Eleventh Naval District, and Warren Project Housing Manager, Mr. Reynolds, he made a thorough inspection of all three types of rental units they have, and their office and maintenance plant setup. Method of rent charging is very similar to Olivewood Housing. Warren Housing has one, two and three bedroom units only, and all furnished; therefore the comparison will be limited to similar size and furnishings within the two-story, flat tops and duplexes are existing at Olivewood. In Navy all utilities (gas, water, and lights) are included in rental prices. The rental schedule of both Warren Housing and Olivewood Housing was setforth in the report. It was deemed by Navy Housing Official Personnel that in all probabilities it was now paying its own way. Olivewood Housing, since its operation by the City has experienced a very good net revenue income over and above all operating costs. Rent Rate Schedule for Olivewood Housing was attached to the report. CITY MANAGER BIRD stated that in talking with Mr. Gautereaux regarding this report, it became evident to him, the Navy completely furnishes, in modern style, their Warren Housing Project; whereas National City does not. In Navy Housing they furnish electrical refrigeration, we have a wooden ice box. In Navy they have modern gas ranges, whereas in Olivewood we have kerosene unless by permission by the Housing office they are allowed to use their own gas range and pay for their own gas. In the matter of the plastic covers it was determined that was a very good expenditure because of the mattress renovation cost which we have, however, in view of the fact we have been operating Olivewood Housing on a temporary basis, not knowing how long it will be operated, it was deemed not advisable to make that expenditure. There are many factors and it was very hard to compare the Warren Housing with Olivewood Housing. COMMUNICATION FROM SULLIVAN HARDWOOD LUMBER COMPANY was read, request- ing consideration of their obtaining the right to lease a portion of tidelands of approximately three acres with waterfront. It has been suggested that a letter of intent or other means agreeable to the City 9/16/5a 105 be given them to assure their right to the land in order that their planning may be facilitated and development of this area accelerated. Moved by Hollingsworth, seconded by Allen, the communication be referred to the City Attorney to work out the details with Mr. Sullivan. Carried, all the Council present voting aye. CITY MANAGER BIRD stated if the Council will recall, it was the order of the Harbor Committee that he attempt to find out if there would be available grounds for Mueller Truck Company. Since Mr. Sullivan has declared his intent of one portion there would be available South of the Sullivan lease a sufficient amount of ground to be considered for Mueller Truck Company, if the Harbor Committee so wished. Mr. Mueller wished the City Manager to reiterate his stand and reaffirm his appli- cation. Moved by Allen, seconded by Hollingsworth, the City Manager be directed to notify Mr. Mueller and send him a map of the plot, giving the available acreage, etc. and have him meet with the Harbor Committee as soon as possible. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, which stated in view of the fact Mr. Donald G. Jacquot has had to move to Chula Vista, and upon his written resignation, it was the recommendation of the Planning Commission Mr. Jacquot's resignation be accepted. The Commission unanimously recommended the consideration of Mr. James L. Binswanger, Chief Teller, Security First National Bank, National City Branch, to replace Mr. Jacquot, whose term will expire March 2, 1962. Mr. Bins- wanger resides at 1025 E. 9th Street. COUNCILMAN ALLEN stated there were several people who ran for Councilmen at the last election, and they are definitely interested in the City, and it is his belief that the best training ground for future Councilmen is in these various commissions. We have at this time in the Planning Commission the zoning ordinance which has things in it that created all the trouble, recall, etc. and the runner up in the Council race was Mr. Rubio who was very instrumental in that. Mr. Allen said he believes in order to eliminate the possibility of another recall it would be well to appoint a man from that area to. the commission who will assure the citizens in that section of the City they were being considered. Mr. Allen said he is not going against the recommendation of the Planning Commission at this particular time, but is bringing it up for future consideration. Moved by Allen, seconded by Hollingsworth, the recom- mendation of the Planning Commission be accepted. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read relative to grant deeds received from Guy C. Wilson, Jr., Constance C. Wilson, Ralph E. and Leone N. Young, and Oakley S. and Mable W. Evans relative to a portion of Plaza Blvd. east of Palm Avenue. Report from the City Engineer indicates these dedicationsdo no adjoin any existing dedicated street, 9/16/58 106 however, a dedication is being obtained from the owner of the property on the east and at such time Plaza Blvd. will have a .paper' connec- tion to Paradise Drive. The Commission recommended the deeds be accepted. Grant deed received from Owen A. and Lois C. Royster relative to an additional dedication of the south half of 5th Street west of N" Avenue, was recommended by the Commission for acceptance. Moved by Allen, seconded by Hollingsworth, the recommendation of the Planning Commission be accepted, and referred to the City Attorney. Carried, all the Council present voting aye. RESOLUTION NO. 7313 was read, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (Highland Avenue from 8th Street to 18th Street). Moved by Hollingsworth, seconded by Hodge, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Hollingsworth, Hodge. Nays: Allen, Absent: Fessman, Hart. RESOLUTION NO. 7314 was read, oRESOLUTION ADOPTING WAGE SCALE (High- land Avenue from 8th Street to 18th Street)." Moved by Hollingsworth, seconded by Hodge, the Resolution be adopted-. Carried, by the follow- ing vote to -wit: Ayes: Hollingsworth, Hodge. Nays: Allen. Absent: Fessman, Hart. RESOLUTION NO. 7315 was read, "RESOLUTION OF INTENTION NO. 7315 (Highland Avenue from 8th Street to 18th Street): Moved by Hollings- worth, seconded by Hodge, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Hollingsworth, Hodge. Nays: Allen. Absent: Fessman, Hart. CITY CLERK ALSTON stated in view of the fact we only have two Finance Officers here today to sign the warrant register she would like to know if it would be advisable to have a third signature. ATTORNEY CURRAN stated he is not sure it is necessary, but it certainly will do no harm to have a special order appointing a third Councilman to sign. Moved by Allen, seconded by Hollingsworth, that Walter F. Hodge be appointed a member of the Finance Committee for this period. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated a few weeks ago the Council descussed the possibility of making the swimming pool in Kimball Park into a pistol range, and it is his understanding from Chief Smith, Capt. Owen, Sgt. Reed, Officer McMartin, Building Inspector Biggs, and possibly Mr. Gautereaux, have some plans and specifications, etc. and they are at aloes as to how to present them to the Council, and Mr. Allen sugges- ted the City Manager collect all the documents and present them to the Council. COUNCILMAN ALLEN stated to date we have not received any report regarding the rest rooms in Kimball Park. 9/16/58 107 COUNCILMAN ALLEN stated the Council has not had any report on the violation of the building ordinances in the vicinity of llth and 12th Streets East of "Do Avenue. CITY PLANNER STOCKMAN stated the matter has continuously been brought before the Planning Commission, however it has never reached the Council; the owner has been notified by the Chief of Police and by her. and it is hoped the matter will be cleared up shortly. COUNCILMAN A,LLEN stated Mr. DeLucia suggested he might possibly have all the residents in the area interested in signing a petition in regard in trying to get an interim ordinance to eliminate further building in that area, and suggested he get the petition and turn it in to the Council. Moved by Allen, seconded by Hollingsworth, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4;SO P.M. ATTEST: CITY CLERK. 21/ izz MAYOR, CITY OF NATIONAL CITY, CALIF. 9/16/58