HomeMy WebLinkAbout1949 03-01 CC MIN203
National City, California, March 1, 1949
Regular meeting of the City Council was called to order by Mayor
Gilbert!. Fritz at 7:30 P. M. o'clock, Councilmen present:
Adams, Curry, Matthews, Fritz. Councilmen absent: Thatcher.
Moved by Curry, seconded by Matthews, that the reading of the
minutes of the regular meeting of February 15, 1949, be dispensed
with. Carried, all Councilmen present voting aye.
ADMINISTRATIVE OFFICIALS present: Campbell, Dickson, McClure,
Alston, Gautereaux, Finnerty,
BILLS AUDITED by the Finance Committee presented:
General Fund
Street Fund
Park M & I Fund
Payroll
TOTAL
$ 3,880.35
13.563733.9q59
yy
8613,110.44
Moved by Adams, seconded by Matthews, that the bills be allowed
and warrants ordered drawn for same. Carried, by the following
vote to -wit: Ayes: Adams, Curry, Matthews, Fritz. Nays: None.
PRICE C. AVERY, 44.1 Highland Avenue, was present representing
the highland Avenue Improvement Association. Mr. Avery stated
that the Association had 165 paid up members, and.that six months
ago they had sent a petition to the Planning,Commission for the
widening of Highland Avenue, endorsed by the City Council, Mr.
Avery stated that the Association knew of a contractor who said
that this work could be done for:$110,000. At this point the
report of City Engineer McClure regarding the expenditure of
State Gasoline Tax -Fund was read: Mr. McClure stated that the
amount of money available to National City from the State Gas
Tax Fund is $93,016.03 to June 30:1949. Of this amount $17,948
204
must be spent for maintenance and the balance for new construc-
tion, approved by the State Division of Highways. The amount
available for maintenance must be used during the fiscal year
in which it is accrued, otherwise it becomes a part of the carry
over fund and can be used for new construction only. The State
Division of Highways will construct a new freeway on Taft Ave-
nue within the next 16 months. The main entry ways into National
City will be on 8th Street, 18th Street and 24th Street. High-
land Avenue widening will require the expenditure of a large
sum of money and if accomplished with gasoline tax money it will
necessitate accumulating a fund over a period of two or more
years. Mr. McClure suggested budgeting of the existing State
Gas Tax Fund as follows:
Maintenance
Resurface 1*" Plant Mix.
1st Street, National Ave. to "F" Ave. 6 blocks
"F" Ave., 1st St. to 2nd St. 1 block
2nd St., "F" Ave. to Highland Ave. 2 blocks
TOTAL 9 blocks $ 8,316
4th St., Highland Ave. to "L" Ave. 4 blocks 3,696
Pat*Jing, seal coating, crack filling etc. on
Major City Streets as approved by
California Division of Highways 5,716
TOTAL MAINTENANCE FUND $17,748
Construction
Traffic light at 18th & National Avenue $ 7,200
18th Highland to Freeway 14 blocks 2" Plant Mix 17,248
Highland Ave. Division St. to 2nd & 8th to 30th
24 blocks 2" Plant Mix 29,568
205
Widening and change grade 24th St., National Ave. to
Freeway $21,252
TOTAL CONSTRUCTION FUND $751268
TOTAL GAS TAX FUND $93,016
COUNCILMAN MATTHEWS asked when the next Gasoline Tax Fund would
accrue, and Mr, Beuthel of the State Division of Highways was
present and stated that approximately $44,000 for the next
fiscal year would accrue in July, October, 1949 and January and
April, 1950. He stated that any proposed plan must be passed
by the local office and then passed by Sacramento. Ore Beuthel
also stated that widening the entire length of Highland Avenue
at this time probably would be too expensive and that it would
be sometime before the work could be started. COUNCILMAN ADAMS
stated that a minimum of $70,000 from the $93,000 Gas Tax Fend
could be put into this project. MAYOR FRITZ stated that in his
judgment the work on 1st St. and 2nd St. as recommended was as
important as many other streets throughout the City. COUNCILMAN
MATTHEWS asked Mr. Beuthel if the State Department would approve
the widening of Highland Avenue if the property owners would pay
one-half of the cost. Mr. Beuthel stated it would be a matter
of six months due to the formation of an assessment district be-
fore gas tax money could be spent on construction of such a
project. Mr. Beuthel asked Mayor Fritz that some sort of a
program be set up to ok the $17,748 by the last of June and a
budget for the balance be adopted. ADMINISTRATIVE OFFICER DICK -
SON stated that $36,000 a year is paid for salaries in the
Street Department and these salaries are paid from Gasoline Tax
money and fines from Motor Vehicle Act violations. Mr. Beuthel
said when the Council had decided what to do with the money he
206
would make the recommendation to the State Department and also
that next year's budget must be approved by the State by June
of this year. COUNCILMAN ADAMS asked Mt. Avery what his opinion
of the subject was at this time. Mr. Avery stated that since
Highland Ave, had been zoned for business there was an average
of 1200 cars an hour on Highland Ave. He also stated that if
Highland Avenue were widened it would increase the assessed valua-
tion of property and the City would receive more tax money.
Moved by Matthews, seconded by Curry, that the matter be laid
over until the next meeting. Carried, all Councilmen present
voting aye,
HARRY C. DUNLOP, 2108 Cimeland Avenue, was present and stated
that there were a great many cases of "Polio" in the Southwest
part of National City, and that he had taken the matter up with
the Health Department and the Game and Fish Department. ADMINIS-
TRATIVE OFFICER DICKSON stated that a gentleman from one of the
Meat packing companies, Mr. Feeney of the State Health Department
and Mr. Tower of the Fish and Game Department called on him today
and Mr. Dickson told them the City has had the matter of the
pollution under consideration for one and a half years, and that
the only way it could be corrected is by having the sewer line
in that area. The men were satisfied that this would take care
of the matter.
MAURICE HARRIS of "Club 66" and "P & H Liquor Store", was present
and stated that he had applied for a refund of unsecured personal
property taxes on illegal assessment of Liquor Licenses. Mr.
Harris stated that he had filled out the necessary forms for a
refund. ATTORNEY CAMPBELL stated that the Council could refund
the money if they so desired. MAYOR FRITZ requested CITY CLERK
207
ALBTON to have the figures available for the next Council meeting
as to the amount of money for Liquor licenses collected in the
past two years. Moved by Adams, seconded by Matthews, that the
matter be held over until the next meeting. Carried, all Council-
men present voting aye.
REPORT FROM THE PLANNING COMMISSION, was read, regarding a public
hearing at City Hall, February 23, 1949, on Petition No. 342 of
M. Harris for a special permit to sell to the Knights of Pythias
Lodge for the construction of a one-story stucco -frame lodge
hall, approximately 60 ft. by 90 ft., property on the Southeast
corner of loth and B, National City. The Planning Commission
recommended that Petition No. 342 be granted, Mayor Fritz
ordered the report laid over until the next meeting.
COMMUNICATION FROM THE CALIFORNIA WATER & TELEPHONE COMPANY, was
read, giving notice of a hearing of their protest to the Steel
Canyon Irrigation District Application on March 15th in San
Diego, and stating that they will be present at the hearing and
present testimony in opposition to the application. Moved by
Matthews, seconded by Adams, that Attorney Campbell join in the
protest with the California Water & Telephone Company, Carried,
all,Councilmen present voting aye.
COMMUNICATION FROM THE STATE DIVISION OF HIGHWAYS, was read, reo
questing cancellation of taxes on certain "Free -way" property in
the City of National City. A map and description of the property
for tax cancellation were attached. Moved by Adams, seconded
by Matthews, that the request be granted and taxes cancelled as
per the letter and map attached. Carried, all Councilmen present
voting aye.
206
COMMUNICATION FROM THE NATIONAL SCHOOL DISTRICT, was read,
stating that the music departments of the Sweetwater High School,
National City Junior High School, and the National Elementary
School District are planning a Music Festival on May the First
and would like to have use of the Memorial Bowl for three o'clock
on that date. They also wish to arrange fqr the public address
system, placing of the flags, and Park Department employees to
man the bowl. SUPERINTENDENT OF PARK GAUTEREAUX was asked for
his recommendation and he stated he would make arrangements where
by the school would assist in the maintenance and arrangement of
work. Moved by Curry, seconded by Matthews, that the request be
granted under the supervision of Park Superintendent Gautereaux.
Carried, all Councilmen present voting aye.
COMMUNICATION FROM BUCK J. VAUGHN, 4420 Merritt Blvd. La Mesa,
Calif. was read, requesting a refund in the amount of $5.00
on his business license. The request was approved by License
Collector Bates. Moved by Matthews, seconded by Curry, that the
refund be made. Carried, by the following vote to -wit: Ayes:
Adams, Curry, Matthews, Fritz. Nays: None.
COMMUNICATION FROM GABRIEL MOSCHOS, 1828 "L" Avenue, National
City, was read, requesting a refund of $17.50 on business license
#719 for the A & A Steak House, 639 National Avenue. The request
was approved by License Collector Bates. Moved by Curry, seconded
by Matthews, that the refund be made. Carried, by the following
vote to -wit: Ayes: Adams, Curry, Matthews, Fritz. Nays: None.
COMMUNICATION FROM NORMAN T. SELTZER, Attorney for Bernard
Veitzer, was read, requesting a refund on Mr. Veitzerls business
license to operate a trailer camp doing business as the "California
209
Trailer Park" at 2440 National Avenue, National City. Mr.
Veitzer sold his trailer park and is asking for a refund. The
request was approved by License Collector Bates. Attorney Camp-
bell questioned the refund. Moved by Adams, seconded by
Matthews, that this request in the amount of $50.00 be referred
to the Attorney for checking, Carried, all Councilmen present
voting aye.
COMMUNICATION FROM MRS. HELEN JENNY, 12053 E. 18th Street, was
read, requesting refund of $25.00 which sum Mrs. Jenny paid for
a fee for zone variance. Mrs. Jenny stated that due to a change
in plans she has withdrawn her request and wanted a refund of
the deposit,
RESOLUTION NO. 4914 was read, granting Mrs. Helen Jenny a refund
of $25.00 deposited for a zone variance. Moved by Matthews,
seconded by Curry, that the Resolution be adopted. Carried, all
Councilmen present voting aye.
COMMUNICATION FROM THE CIVIL SERVICE COMMISSION, was read, cer-
tifying from an eligibility list of twelve persons, the following
first four names in the order of their respective ratings, for
the position of General Office Clerk, to fill two vacancies:
Betty H. Chestnolvick, 1939 Prospect Avenue, National City, Pattie
D. Graves, 1940 Granger Street, National City, Amy E. Bice, 2732
Virginia Drive, National City, Victoria Rooney, 2418 Hopkins
Street, National City. Moved by Adams, seconded by Matthews,
that the report be accepted. Carried, all Councilmen present
voting aye.
CITY CLERK ALSTON, made the following recommendations from the
elgibility list computed by the Civil Service Commission to fill
210
the two vacancies in the office of City Clerk: Victoria Rooney,
2418 Hopkins Street, National City, to the position of Probationary
Deputy Assessor, effective February 26th. Starting salary $168.00
per month. Pattie D. Graves, 1940 Granger Street, National City,
to the position of Probationary Deputy Clerk, effective February
26th. Starting salary $168.00 per month.
RESOLUTION NO. 4915 was read, authorizing the appointment of
Victoria Rooney as Probationary Deputy Assessor, effective Feb-
ruary 26th, at a salary of $168.00 per month; also authorizing
the appointment of Pattie D, Graves as Probationary Deputy Clerk,
effective February 26th, at a salary of $168.00 per month, as
recommended by City Clerk Alston. Moved by Adams, seconded by
Matthews, that the Resolution be adopted. Carried, all Councilmen
present voting aye,
COMMUNICATION FROM JAMES A BIRD, FIRE CHIEF, was read, requesting
the appointment of Arthur R. Lemke as fireman third class,
effective February 15, 1949, salary $231.00 per month.
RESOLUTION NO. 4916 was read, authorizing the appointment of
Arthur R. Lemke as fireman third class, effective February 15th,
salary $231.00 per month, as recommended by Fire Chief Birdo
Moved by Matthews, seconded by Adams, that the Resolution be
adopted. Carried, all Councilmen present voting aye,
COMMUNICATION FROM STREET SUPERINTENDENT FINNERTY was read, re-
commending the temporary appointment of the following men as
Maintenance Men in the Street Department, until an employment
list is established, after scheduled examination March 5, 1949:
Salaries $180.00 per month. Jack C. Arbuckle, Jr. effective
February 18, 1949, Eugene Ruan, effective February 18, 1949,
211
Vernon Lee, effective February 18, 1949, F. M. Lopez, effective
Feb, 21, 1949, and Paul Chambers, effective February 21, 1949.
RESOLUTION NO. 4917 was read, authorizing the temporary appoint
ment of the following men as Maintenance Men in the Street De-
partment, until an employment list is established; Jack C.
Arbuckle, Jr., Eugene Ruan, Vernon Lee, effective February 18,
1949, and F. M. Lopez and Paul Chambers, effective February 21,
1949, salaries $180.00 per month, as recommended by Street Supt.
Finnerty. Moved by Adams, seconded by Matthews, that the Reso-
lution be adopted. Carried, all Councilmen present voting aye,.
RESOLUTION NO. 4918 was read, accepting a grant deed for street
purposes only from Sidney A. Raemers on the following described
property, and instructing the City Clerk to record same: S 350'
W 30' N} W} W+fr Ef of 80 Acre Lot 2, Quarter Section 130 of the
Rancho de la Nacion, Moved by Adams, seconded by Matthews,
that the Resolution be adopted. Carried, all Councilmen present
voting aye.
COMMUNICATION FROM THE COUNTY HEALTH DEPARTMENT was read, stating
that a great many complaints have been received from the residents
of Bonita district in regard to the public dump that is being
used by National City, La Mesa, Chula Vista, and other towns and
the unincorporated districts. National City appears to be the
only city which has deposited rubbish mixed with garbage. It
is requested that National City institute a dual collection in
which garbage and rubbish are separated. The letter asked that
prompt action be taken to correct this condition. ATTORNEY
CAMPBELL suggested that we adopt an Ordinance that conforms with
the other Cities. Moved by Matthews, seconded by Curry, that the
212
City Clerk write to Doctor Lesem and request him to draft an
ordinance which would meet with their• requirements. Carried,
all Councilmen present voting aye.
REPORT FROM CITY ENGINEER McCLUBE was read. Mr. McClure stated
that bills have been presented for work on the sewer project as
follows: Carroll & Foster for work in February on Lateral Sewer
Contract #2 $9,615.35, Barber & Breeden for work in February on
Lateral Sewer Contract #3 $2,646,00, Wayne W. Smith for work
in February on Lateral Sewer contracts $87.13, La Mesa Engineering
Service for surveying on Lateral sewers $633.90. Mr, McClure
approved Carroll & Foster's bill, Barber & Breeden's bill and
Mr. Smith's bill for the full amount. La Mesa Engineering Service
approved for $629.20 which is the amount of their bill, less the
price of the field books. Moved by Curry, seconded by Matthews,
that the bills be allowed as approved by'the City Engineer.
Carried, by the following vote to -wit: Ayes: Adams, Curry,
Matthews, Fritz. Nays: None,
PETITION FROM THE COLUMBINE TRAILER COURT with 33 signatures
was presented, requesting the City Council to grant a license
for delivery of Butane and allied products on such terms as are
compatible to those prevalent in territories adjacent to our
City. Also a petition with the signatures of 16 persons residing
at 2440 National Ave., requesting the City to reconsider the
Ordinance on license fees pertaining to selling of Butane was
read. Petition from the Crown Trailer Park with 32 signatures
was presented. They voiced their protest against the City
Council for charging a fee of $75.00 for a license to deliver
Butane. ATTORNEY CAMPBELL stated that if we reduce the fees on
one license we would have to do it on all. MAYOR FRIZZ asked
23
whether or not it would be advisable to btu► from one company
and they pay the license as we cannot give an exclusive license
to one man. Mrs. Florence Clarke was present and stated that
she felt the present fee of $75.00 too high. She stated that if
Mr. Frontera, a distributor, had to pay the $75.00 in National
City the price will go up from $1.24 to $1.40. Mr. Frontera
stated that he could not afford to pay the license fee of $75.00
and not raise the price, He said even if he had the exclusive
right to sell in National City he would still have to raise
the price from $1.24 to $1.40 and the other companies might cut
the price in other Cities. ATTORNEY CAMPBELL suggested that the
City Clerk get in touch with other Cities and have them forward
us a copy of their business license ordinances. Moved by
Matthews, seconded by Curry that CITY CLERK ALSTON obtain copies
of Business License Ordinances from other cities and then the
Council have a meeting with the License Clerk to see what can
be done to take care of the situation. Carried, all Councilmen
present voting aye.
CITY CLERK ALSTON reported that the delinquent taxes on Lot 16
in Block 147 on which there is a Partition Suit amounted to
$76,85. This lot is on Harding Avenue between 18th & 19th Streets
and Mrs. Alston recommended a price of $350.00 or $400.00 for
this lot with a clear title. Mrs. Alston said she was informed
that Lots 13 & 14 in Block 147 sold for $1800.00 with no improve-
ments, Lots 23 & 24 in Block 149 sold for $800.00, Lots 4, 5, &
6 in Block 149 sold for $1300.00. ATTORNEY CAMPBELL suggested
that the City settle for the amount of the taxes against the lot
as Mr. Starke has an interest of $254.00 for foreclosure of a
Street Bond and San Diego County $59.00 in taxes.
214
RESOLUTION N0. 4919 was read, authorizing Attorney Campbell to
accept on behalf of this City $76.85 for National City's in-
terest in Lot 16 Block 147 of National City from the Partition
Suit. Moved by Matthews, seconded by Curry, that the Resolution
be adopted. Carried, all Councilmen present voting aye.
ADMINISTRATIVE OFFICER DICKSON read a letter from Suzanne A.
Albert, owner of property located a 228 to 240 W. 9th Street,
asking the Council for permission to have four trees in the parking
area removed. Mr. Dickson said he had talked with Miss Albert
and she said that she was planning to construct sidewalks in
that area and when completed she would replace the trees. She
will pay the usual $5.00 deposit for each tree. Moved by Adams,
seconded by Matthews, that the request be granted. Carried, all
Councilmen present voting aye.
ADMINISTRATIVE OFFICER DICKSON stated that Dalton J. Baker ha$
been employed by the City since February 18. He was employed
to contact the owners along the sewer lines ahead of construction
and make arrangements for signing up for the sewer connections s
Mr. Baker's employment was recommended by the Engineer's Office,
salary to be $300.00 per month plus $50e00 car allowance.
ATTORNEY CAMPBELL stated that Mr. Baker has certainly been on
the job making contacts with the property owners and obtaining
deeds for street purposes where necessary.
RESOLUTION N0. 4920 was read, authorizing the appointment of
Dalton J. Baker, as special assistant in the Engineer's Office,
salary to be $300.00 per month and $50.00 per month car allowance,
effective February 18th. Moved by Matthews, seconded by Curry,
that the Resolution be adopted. Carried, all Councilmen present
voting aye.
215
ADMINISTRATIVE OFFICER DICKSON recommended that Mr. Baker be
commissioned a Notary Public at City expense so that he can
notarize the signatures on street deeds and easements he obtains.
Moved by Adams, seconded by Matthews, that Mr. Baker be given
the Notary Commission. Carried, all Counoilmen present voting
aye.
ADMINISTRATIVE OFFICER DICKSON recommended that that the Council
consider the County of San Diego to do the assessing and tax
collecting for the City. Mr. Dickson stated that if this had
been done this year it would have saved the City about $6,000.00.
The cities of San Diego, Escondido, and El Cajon are now under
contract with the County Mr. Dickson stated. It is a contract
that can be changed at the will of the Council. However, we are
too,.late for the 1949-1950 tax year as the contract must be
completed on or before the first Monday in February. The charge
for collection that the County makes is set up by State law. For
the first $25,000.00 the charge is one percent or $250.00, over
and above the $25,000.00 one-fourth of one percent. Mr. Dickson
further stated that City Clerk Alston was of the opinion that her
staff could be cut 50% by the change. He would like to make the
request to the County that the Delinquent Tax List be published
in our local newspaper for the convenience of our taxpayers.
Councilman Adams was of the opinion that the National City News
could probably print the list at a lower rate. Moved by
Matthews, seconded by Curry, that ATTORNEY CAMPBELL and ADMINIS-
TRATIVE OFFICER DICKSON start negotiations with the County to
do this work. Carried, all Councilmen present voting aye.
ADMINISTRATIVE OFFICER DICKSON reported that the ordinances were
in the hands of the printer for printing and they will be bound
216
in a loose leaf binder. Each ordinance will be a booklet in it-
self, only the Ordinances most frequently used by City offices
will be put in this booklet.
ATTORNEY CAMPBELL stated that Mr. Nate Rosenberg was arrested
last night for operating a business known as "Bridgo" without
a business license. Attorney Campbell stated that he would like
a motion from the Council authorizing him to prosecute this
particular case. In cases where a business is operated without
a business license (Ordinance No. 708) the Chief of Police is
the prosecutor. Moved by Adams, seconded by Curry, that Attorney
Campbell be appointed to prosecute this particular case. Carried,
all Councilmen present voting aye.
ATTORNEY CAMPBELL suggested that the Council adopt an Ordinance
which would regulate any game of "skill" or "science". Mr.
Campbell stated that he had been informed that someone wished
to open up a large card room, perhaps 100 tables. The Ordinance
would provide that no person or persons shall engage in or operate
any game of "skill" or "science" without having first procured
a license. No minors shall be allowed, no intoxicating liquors
shall be served, consumed or permitted in or on the premises
and all games of skill and science to be under police supervision.
The fee for such license shall be $500.00 per annum, payable
annually in advance and the sum of $1.50 per month per player's
chair, or player's standing room, payable quarterly in advance.
No license shall be issued in excess of one license per 7,500 °
population, or fraction thereof,
LICENSING ORDINANCE NO, was presented for the first read-
ing. Moved by Adams, seconded by Curry, that only the heading
217
be read, Carried, by the following vote to -wit: Ayes: Adams,
Curry, Matthews, Fritz. Nays: None, ORDINANCE N0. , AN
ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING
FOR THE LICENSING AND REGULATING OF GAMES OF SKILL AND SCIENCE,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Moved by Adams,
seconded by Curry, that the Ordinance be laid over until the
next meeting for the second and final reading. Carried, by the
following vote to -wit: Ayes: Adams, Curry, Matthews, Fritz.
Nays: None.
ATTORNEY CAMPBELL brought up the matter of Palmists coming into
the City of National City and from his knowledge and study felt
that they should not be allowed. Moved by Adams, seconded by
Matthews, that the Attorney prepare an Ordinance which would ban
the profession of Palmist. Carried, all Councilmen present voting
aye.
ATTORNEY CAMPBELL stated that with regard to card rooms, the
Chief of Police recommended three card rooms, limiting the
number of tables, Moved by Adams, seconded by Curry, that the
Attorney be instructed to draw up ordinances regulating card
rooms and massage parlors. Carried, all Councilmen present voting
aye,
CITY ENGINEER McCLURE asked that the Council clarify the Ordinance
which states that the connection charge for sewers shall be
$75.00 for paved streets and $50.00 for unpaved streets; and
since a number of streets are oiled and there is no curb, quite
a few of the citizens are objecting to the charge of $75.00.
Moved by Adams, seconded by Curry, for purposes of definition
that an oiled street is not a paved street, and that streets with
218
strip paving be considered as a paved street. Carried, all
Councilmen present voting aye.
COUNCILMAN CURRY brought up the matter of the center suspension
of lights, particularly on Highland and 18th Street. He said
he believed that the lights would be more effective if they
were in the center of the streets. He said it was his under•
standing that there would be an additional charge of 25 cents
per light. MAYOR FRITZ suggested that Councilman Curry get his
committee together and have their recommendation and invite Mr.
Kimball of the San Diego Gas and Electric Company to be present
at the next meeting♦
MAYOR FRITZ requested a committee meeting for 7:30 P. M. March
7, 1949!
Moved by Matthews, seconded by Curry, that the meeting be closed.
Carried, all Councilmen present voting aye.
T9 &AIL'S"
F'ORNTA
ATTEST:
CITY CLERK