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HomeMy WebLinkAbout1957 10-22 CC MIN145 National City, California, October 22, 1957 Regular meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.N. ooclock. Council members present: Fessma4 Hart, Heck, Hollingsworth. Council members absent: Hodge, ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, Gautereaux, Curran, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Clark. Moved by Fessman, seconded by Hart, that the minutes of the regular meeting of October 15, 1957, be approved. Carried, all the Council present voting aye, except Councilman Heck who abstained from voting. RESOLUTION NO. 7099 was read, granting a special zone variance permit to Mattie I. Cheneweth for the purpose of constructing a 42 bed ad- dition to the existing facilities of the Valley View Sanitarium and Rest Home. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 7100 was read, granting a special_zone variance permit to South Bay Plaza Syndicate and Guy C. Wilson, Jr., for the purpose of erecting a building containing approximately 35,000 sq. ft. to be occupied by a thirty two lane bowling alley together with a restaurant and cocktail bar; balance of land to be paved and lighted for customer parking. Moved by Heck, seconded by 2essman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 7101 was read, RESOLUTION APPROVING ASSESSMENT DIAGRAM (Fourth Street)." Moved by Heck, seconded by Fessman, that the Res- olution be adopted, Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Nays: None. Absent: Hodge. RESOLUTION NO. 7102 was read, ordering the City Clerk to execute a certificate of acceptance and to record the easement from 0. D..Arnold & Sons, dated September 13, 1957. Moved by Hart, seceded by Fessman, that the Resolution be adopted. Carried., by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Ab- sent: Hodge. RESOLUTION NO. 7103 was read, 43ESOLUTION DIRLCTING NOTICE OF FILING OF AS`SLSSMENT a->1JD TIME OF HARING THEREON (Fourth Street). n Moved by Fessman, seconded by Hart, that the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. CITY ATTORNEY CURRAN rep:rtei that he prepared a written opinion re- garding the interest which CI .y Councilman may now have in certain contracts providing that i..itcrest is remote. The conclusion of the opinion stated that any councilman possessing shares equal to less 10/22/57 146 than five percent of the total in a corporation likely to do business with the City of National Gity should have such fact noted on the minutes as required by Sec. 36526 of the Government Code as amended. ATTORNEY CURRAN stated he received a copy of the opinion and order of the Public Utilities Commission in regard to the application of the Southern California Edison Company for authority to increase its rates for electric service. .at the beginning of this hearing, the City At- torney reported on one aspect of this application; that was the prob- lem submitted to the Commission as to whether or not the Southern California Edison Company could in effect keep twosets of books, one set for rate making purposes and the other set for Federal income tax purposes. The Public Utilities Commission has reserved its decision on that point. The San Diego das & Electric Company in answer to a querry of the City Attorney has advised that in the event the Com- mission granted the authority in this ap lication, the San Diego tTas & Electric Company likewise would adopt the practice of treating the accelerated amortization depreciation charges one way for tax purposes and another way for rate purposes. This decision is of particular interest at this time inasmuch as the San Diego Gas & Electric Comp- any has publicly made its announcement that it too will seek an in case in rate. Another point which is covered in the opinion in the Southern California Edison Company decision is the matter of the es- tablishment of zones and the matter of the changing of certain cities from one zone to another. The matter of the zoning is perhaps of more interest to National Gity than any other feature in this decision which is something that will require study, and at the proper time when the San Diego Gas & Electric Company makes it proposed applicat- ion it is something the City and San Diego County will again want to work on together. The Public Utilities Commission granted an increase in rates which will net the Southern California Edison Company $25,000,000.00 extra in this case. ATTORNEY CURRAN reported we have an order from the Public Utilities Commission whereby the Commission, on its own motion, has determined to fix times and places for hearings on the recent legislation regard- ing proposed grade separations. As a result of a certain bill sub- mitted to the Legislature, the League of California Cities suggested a compromise and the compromise is that certain State funds be used to pay certain percentage of the cost of the grade crossings. There will be more on that problem later. COUNCILMAN HART requested permission to leave the State from November 6th to the 17th. Moved by Heck, seconded by Fessman, that Council- man Hart's request be allowed. Carried, all the Council present vot- ing aye. PROPOSED AMENDMENT OF ORDINANCE 905 was presented. Moved by Heck, seconded by Hart, the matter be laid over until the next meeting. Carried, all the Council present voting aye. 10/22/57 1'? CITY CLERK ALSTON reported that the following bids wefe opened for the improvement of 8th Street: DALE). CORP., $23,956.70; GRIFFITH COMPANY, $24,899.73; V. R. DENNIS, $24,605.34; R. E. HAZARD, $25,956.00. COMMUNICATION FROM SIOUX HI-Y was read requesting permission to paint house numbers. Moved by Heck, seconded by Hart, that the Jioux Hi-Y be granted permission as requested. Carried, all the Council present voting aye. COMMUNICATION FROM D. L. JACKSON was read requesting lease of tide- lands property for use of National Yacht Club; lease to be for a per- iod of ten years at one half cent per square foot per annum, with an option to renew the proposed lease for a further period of twenty years at one cent per square foot per annum. Moved by Fessman, sec- onded by Hart, that the request for a lease by the National Yacht Club be returned to them with a letter stating their terms are com- pletely unacceptable to the City. Carried, all the Council present voting aye. COMMUNICATION FROM MUSCULAR DYSTROPHY AS3C'CIATION was read stating that during the months of November and December they will conduct their annual fund-raising drive. The extent of this project will be volunteer house to house marches in San Diego and surrounding cities. Canisters will be placed in conspicuous places. VICE MAYOR HOLLINGS- WORTH recommended this be held in abeyance until the next meeting to ascertain whether or not this Association is included in the United Funds Campaign. Moved by Heck, seconded by Fessman, the communicat- ion be referred to the City Manager for a report to the Council as requested. Carried, all the Council present voting aye. COMMUNICATION FROM CHARLES E. BROWN in regard to notice sent him for installation of sidewlks at 104 N. Clairmont Street, was read. Mr. Brown stated he has been out of the States for over a year and had no knowledge of this situation, but is having the sidewlks installed. Moved by Heck, seconded by Fessman, the letter be filed. Carried, all the Council present voting aye. NOTICE FROM ARMY ENGINEERS regarding application of the District Pub- lic Works Officer, Eleventh Naval District, for a permit to install submarine telephone cables, was presented. REPORT FROM CITY ENGINEER LILL stated that installation of proposed cables does not effect the City of National City. Moved by Heck, seconded by Hart, the applicat- ion be filed. Carried, all the Council present voting aye. CONTINUED HEARING ON AVENUE IMPROVEMENT was held at this time. CITY CLERK ALSTON reported she had received no further protests. Moved by Heck, seconded by Fessman, the hearing be closed and the Attorney be instructed to prepare the necessary resolutions. MRS. SMITH, 2241 "I;r Avenue, was present and stated some of the people in the area got additional tap s.il but the others did not, and ,asked the reason. CITY ENGINEER LILL stated he talked with the contractor and asked him why they put in top soil for some of the people arld not others, and he said if they did not protest he assumed they were 10/22/57 148 satisfied, E. A. Shrader, representing the Kenneth H. Golden Company, was present and stated they felt the terms of the contract had been fulfilled and asked that the project be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Nays: None. Absent: Hodge. CITY ENGINEER LILL stated there was a petition referred to the Engin- eering Department for the improvement of Harding Avenue from 16th Street to 18th Street and one for the improvement of 18th Street to 20th Street. The petition for 16th to 18th Street was signed by persons interested in 61% of the area of the property proposed to be assessed, and the petition for the improvement of Harding Avenue from 18th to 20th Street was persons interested in 50% of the property proposed to be assessed; however, of the remaining property 25% of the property is owned by the National School District. It is recommended that both projects be authorized and the Engineering Department be instructed to prepare the necessary plans and specifications. Moved by Fessman, seconded by Heck, the City Lftgineer's recommendation be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported on the petition for 1911 Act Improvement of "B" Avenue between 27th and 28th Street and petition for 1911 Act Improvement of 28th Street from National Avenue to "B" Avenue. The petitions have been signed by persons interested in 85% of the area of the property proposed to be assessed for the requested improvement, excluding the City owned property on 28th Street from 'A' Avenue to National Avenue. It is recommended the project be authorized and the City pay the cost of the improvement of 28th Street from 'A" Avenue to National Avenue. Moved by Heck, seconded by Hart, the City Engin- eer's recommendation be approved, and the Attorney prepare the nec- essary resolutions. Carried, all the Council present voting aye. REPORT OF CITY ENGINEER LILL was read regarding bids received for the improvement of 8th Street from Hoover Avenue to `''LU Avenue. The bids received are as follows: DALEY CORP., $23,956.70; V. R. DENNIS CON- STRUCTION COMPANY, $24,605.34; GRIFFITH COIvd'ANY, $24,899.73; R. E. HAZARD CONTRACTING COMPANY, $25,956.00. This is a Gas Tax Project. As the low bid is less than the $24,183.50 estimated cost, written approval of the State Division of Highways is not required before the contract is awarded. CITY MANAGER BIRD stated time is of essence and the contract should be awarded, if the Council so desires, at the present time so the work can be started tomorrow. A resolution of acceptance of the low bid has been prepared. Moved by Heck, seconded by Fessman, that the City Manager's recommendation of award of con- tract to the low bidder be allowed, and a resolution prepared. Car- ried, all the Council present voting aye. CITY MANAGER BIRD reported on a meeting held jointly last week with officials of the Santa Fe Railway Company, the City Engineer and the Chairman of the Harbor Committee. Alter the general meeting of the South Bay officials interestca in the development of the tidelands and the harbor, Mr. Frye of the Sant, Fe Railway Company raised the question regarding the easement which. Attorney Curran had reported to us and was referred to hi.n to send a letter to Santa Fe objecting 10/22/57 149 to the easement which they had submitted. Mr, Frye said he was in some doubt as to what our legal department wanted from the Santa fe, hey requested that we prepare the easement. MR. BIRD recommended that the City Attorney be authorized to so do. Moved by Hart, sec- unded by Fessman, that the Manager's recommendation be followed. Car- ried, all the Council present voting aye. PETITION relative to "I4 Avenue was read, stating the undersigned property owners wish to protest the closing of "i' Avenue from 21st Street to 24th Street, also 22nd Street and 23rd Street from Highland Avenue to ''P Avenue, from an 80 foot right of way to a 60 foot right of way. The property owners also protested the installation of side- walks adjoing the curb instead of within two feet of the property line. The petition was signed by eleven property owners on aI- Avenue. CITY MANAGER BIRD recommended the petition be referred to the Planning Commission. Moved by Heck, seconded by Fessman, the City Manager's recommendation be followed. Carried, all the Council present voting aye. CITY MANAGER BIRD presented an easement for a sewer line from Williams E. & Paula R. Baker to the City, and recommended the City Attorney be authorized to prepare the resolution of acceptance, Moved by Fessman, seconded by Hart, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the street lights requested, a communication from the San Diego Gas & Electric Company was read stating that after field checking the request for street lights on Fourth Street between Palm and i°Ti Avenues, it is recommended that the initial installation be held to intersection lighting. In the future when the area is built up and if the City feels the situation warrants it, mid block lights could then be installed. With existing poles at the corner of 41P Avenue and ; T Avenue on Fourth Street, and exist- ing street lights at Palm Avenue and ''Q" Avenue on Fourth Street, they would put a 6000 lumen street light at 4R4 and at 4TH Avenue for the L.S. I. C. rate of $4.50 per lamp per month with no installation charge. CITY MANAGER BIRD recommended he be authorized to order the two lights, one at 3R1 and one at nT Avenue, Moved by Hsrt, sec- onded by Fessman, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. REPORT FROM SUPT. PUBLIC BLDGS, GAUTEREAUX as to objections ox recom- mendations from the Topperette Club was read. Due to the increasing demand of service clubs, organizations putting on benefit drives, etc. and private organizations requesting the use of City equipment ir. facilitating the operation of their respective program, it has become necessary to institute certain regulations. The policy that has been determined by operational management is as follows: Thgit City owned equipment will not be loaned or rented to individuals, private or organizations, outside of the City. That City owned equipment will not be loaned or rented o private individuals, organizat4ons, associations, or otherwise except to organizations, associations, etc. performing a function large enough in scope that shall be qon- 10/22/57 150 sidered to be a service to the people of the community and are in general. In such cases minimum charges shall be made which are ant- icipated only to reimburse for equipment maintenance and repair and City labor as may be required, and further when piano or pianos are used, upon the return of same, the user shall have said piano tuned or direct the City departmentto have it tuned at the organizations expense. It is determined that this policy of operation is equit- able and fair to all regardless of the nature of benefit, its scope or size, or affiliations, and the "for use fee" is not a charge over and above the normal operating cost. It is therefore recommended that this policy or one similar thereto be upheld and that the super- intendent of public buildings be authorized to so operate under the policy as may be set forth. Reimbursements and/or rates for equip- ment use are as follows: Piano - tuning and/or other repairs made necessary through the use of the organization. Portable stage - full size 24 x 24, or any part of same, or any less Eiza desires - minimum fee of $'7.50. Folding tables - 50¢ each. Folding Chairs - Up to 100 - $5.00; over 100 to 200 - 87.50; over 200 to 300 - $10.00. Moved by Fessman, seconded by Hart, that the recommendation of the Supt. of Public Bldgs. as to the fees charged for services as request- ed by organizations be approved. Carried, all the Council present voting aye. VICE MiAIG2 hOLii GSwORTH stated that isis would neces- sitate a letter to the Toperette Club and asked th.t the City Clerk take care of it. CITY MANGER BIRD stated there was a petition received by the Council on August 20th and the Council requested that a hearing be held by the City Manager. A special hearing was called to order at 2:30 P.M., August 29th by the City Manager at the Library Conference Room relat- ive to the petition received from the property owners in the 1800 Block, South side of 8th Street. There were present the majority of the property owners within the area in question. This was in regard to the question of building, by Mr. Lowell `ferry, on property owned by him in back of the properties facing on 8th Street. Practically a verbatim transcript was taken of the hearing. Mr. Bird stated he has reviewed all of the testimony, and in his opinion, the builder and owner builder, Muir. Lowell Terry, is in conformity with our ordin- ances as they now exist, with one exception, a technical exception, which the builder is responsible for, and that exception is the fact that the builder, Mr. Terry, did start his excavation for his found- ation trenches prior to actually receiving an authorization card from the City Building Dept. In relation to the other allegations, the last page of the report, as summed up by Mr. Steele, and stated in the form of a motion, was they are convinced Mr. Terry is complying with the laws we have as far as building is concerned. The motion was seconded by Mr. Pond; CITY MANAGER BIRD recommended that the transcript be filed, and the City Council take no further action on the petition which was presented to the City Council. Moved by Fessman, seconded by Hart, that the recommendation of the City Man- ager be approved. COUNCILMAN HECK stated that the builder has re- mained within the law, but this proves the necessity, and the Council should take further consideration, of amending our present subdivis- ion ordinance. CCUNCILvu .N FESSLAN stated he agreed with Mr. Heck. Carried, all the Council present voting aye. 10/22/57 151 HEARING ON ZONE CHANGE was held at this time, relative to the proper- ty located ➢`Pest of West avenue to the alley in Block 48, City Plat, and between 16th Street and the middle of the closed 17th Street. Petitioners are requesting zone change from an R-4, Multiple Family Residence District to an M-2, Light Manufacturing District. The Planning Commission on their own motion in order to eliminate R-4 islands included the entire area from 125 feet West of National Aven- ue to the alley in Block 48, and between 16th Street and 125 feet North of 18th Street, CITY CLERK ALSTON stated she received no written protests, and no one was present protesting same. Moved by Heck, -seconded by Fessman, the hearing be closed, and the attorney be instructed to prepare the necessary ordinance. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge, CQIvllvNNICATION FROM NATIONAL CITY HOME PROTECTIVE LEAGUE, INC., was read, stating that at the October 16th meeting of the National City Home Protective League, Inc., a resolution containing the following two resolutions was passed by unanimous vote: 1. Recommending that the City Council place on the April, 1958 ballot a proposal to recom- pense Council members $20.00 per Council member per regular meeting, one or more of which meetings each month shall be held in the even- ing. 2. Recommending that selection of Council members °by dist- ricts4 be placed on the ballot for our municipal election to be held in April, 1958. COUNCILMAN HART said he thought it would be a good idea to have a representative in all parts of the City. VICE IViAYOR HOLLINGSW ORTH said she did not agree with Mr. Hart; it would be different in a large City. Mrs. Hollingsworth saiO she felt she was capable of representing all the people of National City and was interested in every section of the City, regardless whether cn the east or west side of town. CCUNCILMAN FES3IrAN said he agreed with Mrs. Hollingsworth, and said he would recommend that the Council file the communication and if the Home Protective League desires to have thesethings put on the ballot, that they go about the regular proced- ure as provided by the Constitution of the State of California, COUNCILMAN HECK stated that an election by districts for a City of this size, and for the number of members on the Council is a very bad situation. In regard to greater remuneration for Council member, Councilman Heck said he has been well satisfied, it is more of a civic duty, not a job that anybody will assume because of the remun- eration, and that he does not think it would be necessary now to in- crease the salary to $20.00 per meeting, which would cost the tax- payers a lot of additional money, VICE MAYOR HOLLINGSWuRTH stated she would also like to go on record that she does not want to go back to the night meetings. Moved by Heck, seconded by Fessman, that the resolutions be filed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: None Absent: Hodge. RESOLUTION NO. 7104 was read, finding that the bid of the Daley Corp. in the amount of $23,956 70 is the lowest bid submitted on October 21, 1957 for the Improvement of Eighth Street, Hoover Avenue to 31," Avenue, Said bid is accepte(i and all other bids are rejected, and the Mayor is authorized ,ni Jjrected to execute the contract for said street improvements. LIJved by Hart, seconded by Fessman, that 10/22/57 the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 7105 was read, i°RESOLUTION CONFIRMING ASSESSIuiENT 11I'° Avenue). Y° Moved by Heck, -seconded by .?essman, that the Resolut ion be adopted. Carried, by the following vote to -wit: Ayes: Fess- man, Hart, Heck, Hollingsworth. Nays: None. .lbsent: Hodge. CITY ATTORNEY CURRAN stated with reference to the second matter of the Public Utilities Commission he referred to previously in regard to railroad grade crossings, each City is given 20 days after receipt of a copy of the order, which is in Case No. 5994, to request con- sideration under Section 189 of the Streets and Highways Code, to be considered for inclusion in the first annual list of projects which are going to be given priority. The whole purpose is to attempt to establish a priority list of grade crossings which should be taken care of. It would therefore require a report from the appropriate City officials to the Council by the next meeting in order for the Council to determine whether or not any communication should be di- rected requesting inclusion on the first list of priority crossings. Moved by Fessman, seconded by Hart, this be referred to the City Manager and City Engineer for a report. Carried, all the Council present voting aye. CITY MANAGER BIRD referred to the question of the payment for the work on °°IV° Avenue. There was set forth certain amounts of money from the Special Street Fund, Drainage`.ind and from the Sewer Fund, in the amount of $5, 604 ,96.. This becomes due and paya'ple upon the acceptance of the assessment, and should be rocessed and put through at our next meeting. Moved by Hart, seconded by Fessman, that the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 2:49 P.M. Attie ) VICE MAYOR, CITY OF NATION ATTEST: CITY CLERIC