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HomeMy WebLinkAbout1958 06-24 CC MIN386 National City, California, June 24, 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, Hollingsworth, Hodge. Council members absent: None. ADIt-INISTtATIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill, Gautereaux, Biggs. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Richardson. Moved by Hollingsworth, seconded by Fessman, the minutes of the reg- ular meeting of June 17, 1958, be approved. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7248 was read, 4AMENDED RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Third Street and J Avenue) .., Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7249 was read, 4AMENDED RESOLUTION ADOPTING PLAT SHGW- ING EXTERIOR BOUNDARIES OF A3. ESSLENT DISTRICT (Third Street and J Avenue).R Moved by Allen, seconded by Fessman, the Resolution be ad- opted. Carried, all the Council present voting aye. RESOLUTION NO. 7250 was read, 4RESCLUTION DETERMINING THAT PROJECT SHOULD PROCEED (Third Street and J Avenue). Moved by Hollingsworth, seconded by Hart, the Resolution be adoptecL Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7251 was read, RESOLUTION ADOPTING uAGE SCALE (Third Street and J Avenue).4 Moved by Hart, seconded by Fessman, the Res- olution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7252 was read, HRESOLUTION OF INTENTION (Third Street and J Avenue) » Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7253 was read, approving and accepting the amendment to that certain contract between the City of National City and the National City Lions Club dated March 25, 1958, to provide that the fireworks display may commence at 9:30 P.M., and the Mayor is auth- orized and directed to execute such amendment on behalf of the City of National City. Moved by Fessman, seconded by Hart, the Resolut- ion be adopted. Carried, all the Council present voting aye. REPORT FROM THE CIVIL SERVICE C(I'JifJ1ISSION was read recommending for the approval of the Council a change in the classification title of Recreation Leader to Park, Recreation Leader. The recommendation is to concur with the request of B. J. (Gautereaux, Park and Recreat- ion Supt. COUNCILMAN ALLEN stated he would like a clarification from the City Manager in regard to the actual working of this classificat- ion. CITY MANAGER BIRD stated there has been a report requested of 6/24/58 387 the City Attorney and City Manager, but due to the preparation of the budget as far as he is concerned, and the attendance of the City Attorney at the rate hearing, they have been unable to give it the attention which they deem necessary, The request as made is in an attempt to clarify one of the points which is a technical one, The Recreation Department, as such, is not under Civil Service, which is the City Manager's contention and is a technical point. The Recreat- ion Leader started as a classification, or was assumed to have start- ed out as a classification as Park, Recreation Leader, thereby put- ting it under Civil Service automatically, because Park, and all em- ployees of Park are under Civil Service by Ordinance 712. We find the elassification,"Recreation Leader", does not carry the word 'Pal' in front of it in its classification, which is the reason for the re--: quest. As the City Attorney and City Manager have not made their re- port,it was Mr. Bird's suggestion that the communication from the Civil Service Commission be referred to the City Manager and City At- torney and be incorporated in their report. Moved by Allen, second- ed by Fessman, the City Manager's suggestion be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported there has been a correction endorsement of Fireman's Fund Insurance Policy No. F9-345460. It is now in proper form and recommended it be approved and filed, Moved by Hart, sec- onded by Alien, the Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported on the Public Utilities Commission hearings, now in progress. It is important that the Council realize this is not one case, rather it is three separate cases; there are three separate applications, and there will be three separate decisions of the Public Utilities Commission. One application is for an increase in the rates charged for natural gas, the second is for an increase in the rates charged for electricity, and the third is for increase in the rates charged for steam. The gas rate has so far played the most important part in the taking of the testimony. Perhaps one reason for this is, in 1955 there was an application by the company for an increase in its electric rates only. The last application for an increase in gas rates was filed in 1949. The Public Utilities Commission in 1950 rendered a decision giving an increase in gas rates. The effect of this gas rate decision in 1950 has been of considerable concern to people in National City who have recently realized the consequences. That decision placed National City in an unfavorable position as far as the residential and small commercial use of natural gas was concerned in comparison with users similarily situated in the City of San Diego. The attempt was made both by the Company in its application for an increase in electric rates in 1955 and by the staff of the Commission, to impose the same discrimina- tory zoning plan on National City for electric rates which were es- tablished by the gas rate case of 1950. Largely because of the united opposition of the cities in 1955 hearing, the Company changed its position in the middle of the case, the staff, however, did not. The matter of zoning was set aside and carried on for more than a year and never was resolved, so we still have a basis of rate for 6/24/58 388 electric customers which is different than for gas customers. The Company, in its application for gas rates, has proposed to maintain the discrimination against National City customers. However, the staff of the Commission takes a different view this time, and it has been a source of comfort to National City the staff has rendered con- siderable assistance to National City in this proceeding in an eff ort to eliminate the rate discrimination which now prevails for the res- idential and small commercial use, It has also been helpful to have the assistance of the County of San Diego in this hearing. There has been active participation on the part of the County and they have seen fit to engage an independent engineer to analyze the exhibit of the Company, both as to gas rates and electric rates. This engineer, as well as the engineer engaged by the City of National City and the engineer engaged by the City of SanDiego, have been of considerable assistance in framing questions for cross examination of the Companyos witnesses as to the matter of estimated revenues of the Company, as to the matter of estimated expenses, and as to the basis upon which the rates proposed by the Company have been computed. The witness for the Commission staff who prepared the exhibit on zoning in an- swer to questions put to him by the City Attorney has unequivocally stated that from his study no matter how many zones the Public Ut- ilities Commission finally establishes for gas rate purposes, there would appear to be no re.son why NationaiCity should not be placed in the lowest possible zone. Aith that testimony so clearly in the record from a member of the staff, our task is to preserve and im- prove upon that record and make certain the Commission adopts that view. The presiding commissioner has been in attendance at very few sessions, for the most part the examiner of the staff has been the only presiding officer. It was therefore felt by the public agen- cies involved, it would be highly desirable to have the argument on this case presented to all five members of the Commission rather than the argument simply being presented to the one Commissioner; there- fore a motion was made by the County of SanDiego, and joined in by various parties, and the Commission has announced there will be such argument after all of the evidence is in. The final outcome is en- tirely up to the five men who are appointed by the Governor as the Commissioners of this Commission, and it will be sometime before we get their decision, however, it appears we have had the help of the staff and everything possible will be done in order to eliminate the discrimination which now exists against National City in the matter of residential and small commercial gas rates. HEARING ON 17th STREET ASSESSMENT was held at this time, CITY CLERK ALSTON reported she received no written protests, and no one was present protesting same. Moved by Fessman, seconded by Allen, the hearing be closed, and the City Attorney be authorized to prepare the necessary resolution. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None, RESOLUTION NO. 7254 was read, 4RESOLUTTION CONFIRMING ASSESSMENT (17th STREET).Moved by Hart, seconded by Fessman, the Resolution be ad- opted. Carried, all the Council present voting aye. 6/24/58 389 COUNCILMAN ALLEN asked how long the notices posted by the Fire Mar- shal on lots is in effect before some action is taken. CITY MANAGER BIRD stated he cannot answer the question because the Fire Marshal's Ordinance which covers it is adopted by reference and is the recog- nized National Fire Prevention Ordinance, therefore, in our Ordin- ance book we only have the enabling Ordinance, but he will get Mr. Allen the information. COUNCILwOM.N HOLLINGS'1 ORTH stated at various times the Council has discussed the flood conditions of the people living on Lanoitan Avenue, and the City Manager, City Engineer and various people in the City along with the School Board and others have tried to work out some relief for those people. About a month ago the School Board said they were not interested in participating in the improve- ment of Granger Avenue, they would be ready to do sidewalks and curb- ing when, and if, the City set the grade stakes and improved Granger Avenue, which meant they did not wish to participate. These people have been flooded out two years and something needs to be done. City Engineer Lill stated since there is no imminent street improvement on Granger, we cannot go along and let those people be flooded out another year. He stated the only method of providing relief by Fall, would be by pipe line and placing the project ahead of work now being engineered. There are three directions the pipe could go: 1. Down existing channel to Valle Vista, 2. South on Granger and i'dest on 24th Street. 3. North on Granger Avenue to 18th Street. The third one is the shortest and therefore the least costly. He estimated 700 lineal feet of 12 inch pipe at $8.00 a foot, plus inlets, etc., or a total estimated cost of $7,000.00. Mrs. Hollingsworth said she would like to ask the Council's approval to have this work done. COUNCILMAN FESSMAN asked if a 12 inch pipe line would be adequate to carry that water. CITY ENGINEER LILL stated they would prefer nothing smaller than an 18 inch line. Moved by Allen, seconded by Hart, that Mrs. Hollingsworth's suggestion be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth, Hodge. Nays: None. REQUEST OF CARL MEINTS to move a building was presented. CITY CLERK ALSTON stated the request was referred at the last meeting for clar- ification as to whether the people who took out a permit to raze the building were the owners of the building. MR. MELTS stated the permit to raze the building was withdrawn. PETITION was read stat- ing that as property owners within 300 feet of the property in quest- ion they do not object to the request of Mr. Carl Meints to move the existing structure from 321 E. 8th Street to 2501 -No Avenue. The petition was signed by seven persons. Moved by Allen,seconded by Hart, the request of Mr. Meints to move the building be granted. COUNCILWOMAN HCLLINGSwORTH stated she knows there are numerous people in the area who object to it being moved in. Wye do not have an architectural control ordinance, but the previous City Planner gave an added report to any of the moving of houses as to whether the type of house would be in keeping with the others in the same neighborhood. MAYOR HODGE said he would entertain a motion we have the City Planner submit a report on the moving applications. GOUN- CILMAN FESSMAN asked where the house would be located. MR. LEliNTS 6/24/58 390 stated it is on the East side of aN. Avenue and will be in the rear of the lot, and when he is able to do so a new house will be built of the front. COUNCILMAN FESSiYIAN stated it was an R-1 Zone. MR. IViEINTS said it is quite a large piece of ground. COUNCILMAN FESSMAN said if the house is to be moved in the rear, he would not object. Carried, by the following vote to -wit; Ayes: Allen, Fessman, Hart, Nays: Hollingsworth, Hodge. RESOLUTION N0. 7255 was read, ;ADOPTING BUDGET AND APPROVING MEMOR- ANDUM OF AGREEMENT FOR EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2107.5 OF THE STREETS AND HIGHWAYS CODE. 4 Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE BEER BLVERAGE LICEtNSE by Town Club Cafe, 15 W. 8th Street, was presentee.. REPORT FRD1 CHIEF OF POLICE SMITH stated investigation disclosed no grounds for protest. Moved by Hart, seconded by Hollingsworth, the application be filed. Carried, all the Council present voting aye. COMMt<UNICATION FROM SAN DIEGO CONVENTION AND TOURIST BUREAU was read stating that after they made their request for support from National City they talked with Mr. Brinkman, Manager of the Chamber of Com- merce and he explained the particular problem that existed in Nation- al City. Theyfeel that the National City Maytime Band Review is an outstanding event and does a great deal of good in -advertising all of SanDiego County and will give it their support. CITY ENGINEER LILL reported the pavement base has been placed in Terry Park Subdivision, which brings Plaza Blvd. within approximately 300 feet of Harbison Avenue. RESOLUTION NO. 7256 was read, authorizing the transfer of $60,000.00 from the General Fund to the Capital Outlay Fund. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. REPORT OF THE FINANCE COmiiITTEE was read, stating it was their rec- ommendation the Council accept the Uhamber of Commerce budget in the amount of $10,900.00, of which $5,500.00 is for the Maytime Band Review. Moved by Fessman, seconded by Hart, the Finance Com- mitteels recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE FINANCE CCMNITTEE was read relative to the improve- ment of Highland Avenue from 8th to 16th Streets. The tngineeros report was presented. The total cost of the project is $71,919.45. City Manager Bird gave a brief history of previous improvement on Highland Avenue and asked the committee if they wished to include Highland Avenue from 16th to 18th Streets in the improvement dist- rict; what type of base and pavement should be used for the project; and whether the City should increase their appropriation for part- 6/24/58 391 icipation in the project. Uhairman Hollingsworth favored the in- clusion of 16th and 18th Street, and asked the Engineers if the use of a rock rather than a cement treated base would reduce the cost of the project. `ihey stated it would reduce the cost by approximat- ly 3,000.00. It was the recommendation of the Committee that 16th to 18th Streets be included in the project and the City's partic- ipationinclude, in additionto the amount already set up, Item 6 of the Engineerls Report. The ngineers were instructed to revise their report to cover 16th to 18th Streets and the use of the sub- stitute materials. COUNCILuuc AN HOLLINGS 0ORTH stated it was the thinking of the Finance Committee that since Highland Avenue had been a 1911 Act in 1928, if we assumed the 2u A. C. on the present street, which is not the portion being widened, but the present street, that it would be in the form of maintenance as we have done on other streets, The cost of this particular project between 8th and 16th Street would increase the Cityos participation to more than $13,000.00, and percentage wise it would bring the City's partici- pation of Highland Avenue from 8th to 18th Street approximately .- 5 4.2E4. Moved by Hollingsworth, seconded by Fessman, the Finance Commi els recommendation be approved. COUNCILMAN HART said he wantei:iighland Avenue widened and knows it must be, but thought it sho.1d be treater1 as other streets, such as uDU Avenue and 24th Street on which gas tax money was used; and that widening Highland Avenue from 2nd to 18th Street wouldn't help any as we would have more bottlenecks. The street should be done right and at one time. COUNCILOMAN HOLLINGSi ORTH stated that gas tax money may not be used for some of the work which must be done an Highland Avenue, it must come from the City's funds, such as i)rain age and our Housing Fund which is set up for special street improvements. COUNCILMAN FESSIVIAN stated that 4D4 Avenue and 24th Street were not widened, the streets were merely paved, and if Highland Avenue improvement fails so that it cannot be widened, he would want to see sufficient money spent to refinish the surface. COUNCILMAN ALLEN stated he has al- ways opposed the 1911 Act on Highland Avenue, and he has not changed his opinion in regard to it, however, in interest to the City, if the structure, etc. discussed materialized, it would probably be a good idea to have the street widened. Also if the project did not go as far as l8th Street, he would circulate a petition against the improvement, and asked if the City had sufficient number of signa- tures to continue. CITY ENGINEER LILL stated 49.65% of the front- age has been petitioned, not including the school property; this is for Highland Avenue between 16th and 18th Street* Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: Hart. CITY ENGINEER LILL said the report of the Finance Committee directed that a substitute material be used for the cement treated base proposed in the Jngineerls Report for the improvement from 8th to 16th, and said he would like to be instruct- ed as to what type of base to use in the widened portion of the street. Considerable discussion followed. CITY ENGINEER LILL recommended that Highland Avenue be widened with a pavement con- sisting of 9 inches of untreated rock base and 3 inches of a. C. surfacing. Moved by Fessman, seconded by Hollingsworth, the City Engineer's recommendation be approved. Carried, by the following 6/24/58 392 vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen. Councilman Hart abstained from voting. CITY ENGIN&R LILL stated there is another matter we have been ignoring when the project only went from 8th to 16th Street, but now we are faced with it, and it is the matter of drainage at 18th and Highland. It was Mr. Liil's recommendation that a storm drain be put in on Highland Avenue from 18th Street to the channel just North of 12th Street with inlets at 18th and each intersecting street on the east side of Highland Aven- ue. This additional cost to the project will be between $20,000.00 and $25,000.00. CITY MANAGER BIRD stated he is quite conversant with the problem facing engineering, but would suggest to the Council forilaeir consideration, that no action be taken at the present time, for two reasons. 1, Mr. Bird said he did not think engineering had firmed it up to give an adequate report; 2. there is another thought which perhaps has been considered, and perhaps has not been considered; we have a bad intersection there, and it has to be taken care of, but to throw it north an Highland Avenue underground to the channel as suggested by engineering is one thing, but Mr. Bird said he would like to see worked out an alternate to throw it west on 18th Street, putting it underground and day lighting it where it comes to light. This has been discussed by the City Engineer and City Manager, but not thoroughly. Mr. Bird said he is thinking primarily now of the increase at 16th and National Avenue inter- section which was the very structure in our drainage program we wanted to stay away from, and the majority of this water is going to 18th Street, and 18th Street and Nation1.Avenue and into the lower region of Paradise Creek. It was the City Manager's recom- mendation the Council take no action at this time, it be explored further, and the Engineer go further into this and come up with the answer. He has received the "go ahead' now on the plans for High- land Avenue, and perhaps in two or three weeks we can get a better study of this particular problem. Moved by Hollingsworth, seconded by Fessman, the City Manager and City Engineer give us a study on drainage at 18th and Highland. Carried, all the Council present voting aye. CITY MANAGERS BIRD stated he will have the tentative budget ready for the Council by Friday for their study, and requested the meeting be adjourned until Tuesday, July 1st at 1:30 P.M. so any necessary transfers can be made. COUNCILMAN ALLEN inquired as to the status of the swimming pool. CITY MANAGER BIRD read a letter addressed to Teyssier and Teyssier, the contractors, signed by the Architect, which stated the large pool has been retested for leakage over a period of three days, June 20, 21 and 22. Mr. Gautereaux reports an average rate of loss of one-half inch per day at the end of the test. Mr. Gautereaux has also reported a loss due to evaporation in their local reser- voirs of sixteen one-hundreths per day. In view of this and in view of the absorption presently taking place, this office feels the pool is adequately waterproofed.. There has been trouble with the pool, there have been rumors, and it is time to explain. When the pool was put to its first test, there was a leakage which was 6/24/58 393 normal. IVAYOR HODGE stated he wished to make the correction that it was the contractor who had the trouble, not the City. Mr. Bird said the contractor had trouble, but we as owners were in the same trouble because we wanted the pool delivered to us. There then came the question, engineering wise, as how to get this pool off the center and that has now been accomplished. We hope the pool can be delivered, everything else being in good accord, by the middle of July. The amount of money which the City owes on the pool is approximately $67,000.00, in other words we practically now own the pool. MAYOR HODGE suggested it be a policy of the Council when house moving permits come in, there also be a report on the recommendat- ion of the Planning Department in regard to the findings of the City Planner, whether it conforms with others in the neighborhood in which the house is to be moved. Moved by Allen, seconded by Fessman, the suggestion of Mayor Hodge be adopted as a policy of the Council. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Fessman, the meeting be ad- journed until July 1st at 1:30 P.M. Carried, all the Council present voting aye. Meeting adjourned at 3:09 P.M. MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 6/24/58