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HomeMy WebLinkAbout1957 01-08 CC MINRegular meeting of the Ci Mayor Hollingsworth at 1: Fessman, Hart, Heck, Holl ADMINISTRATIVE OFFICIALS Bird. 183 National City, California, January 8, 57 ty Council was called to order by Vice 30 P.M. o'c1Ick. Council members present: ingsworth. Council members absent: Hodge. Present: Alston, Lill, Holgate, Curran, The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. George Thompson. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of January 2, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6828 was read, consenting to the assignment and transfer to California Bench Company, pursuant to that certain contract by and between B.J. Primmer, doing business as the San Diego Seat Advertising Company, and City of National City dated August 19, 1947, and extended by agreement dated January 6, 1953. Moved by Heck, seconded by Fessman, that the Resolution be adopted, Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6829 was read, "RESOLUTION DIRECTING WORK TO BE DONE UNDER DIRECTION OF THE ENGINEER OF WORK (Hoover Avenue)". 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. 6830 was read, "RESOLUTION DIRECTING ASSESSMENT TO BE PREPARED AND SIGNED BY ENGINEER OF WORK (HOOVER AVENUE)". Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6831 was read, accenting and approving the grant of easement between City of National City and the United States of America, and the Mayor is authorized and directed to execute the same for and on behalf of the City of National City. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings- worth. Nays: None. Absent: Hodge. RESOLUTION NO. 6832 was read, "RESOLUTION DIRECTING NOTI FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Fifth Moved by Heck, seconded by Hart, that the Resolution be Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth. Nays: None. Absent: Hodge. ATTORNEY CURRAN reported that Swett & Crawford have filed an en- dorsement No. 1 to certificate number LAB 1617, continuing the liability policy for the Police Department and Police Reserve Association, and recommended it be approved and filed. Moved by Hart, seconded by Heck, that the Attorney's recommendation be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that the Public Utilities Commission has given notice of Application No. 38372, which is an application of the Southern California Edison Company. The notice states that the hearing will probably result in an order that will affect all public utilities, as the matter involves the method of accounting for income tax allowances because of recent changes made in the Internal Revenue Code of permitting accelerated depreciation. Mr Curran stated that upon receiving this notice he contacted the San Diego Gas & Electric Company, and Mr. Dij,ion, Executive Vice 1/8/57 CE OF Street)". adopted. Hart, Heck, 184 President, informed him that it was the intention of the San Diego vas & Electric Company to adopt the accelerated depreciation permitted by the Internal Revenue Code of 1954; therefore it appears this is a matter in which the City of National City does have an interest, and we should be a party to the proceedings in this application. ATTORNEY CURRAN stated after the last meeting, the Attorney for the South Bay Irrigation District and himself contacted Leeds, Hill & Jewett by means of a conference telephone call and it be- came clear that rather than the two Attorneys go to Los Angeles, we would probably save time and expense for Mr. Jewett come here, which he has agreed to do. Tentative arrangements have been made, subject to approval, to have Mr. Jewett here on Wednesday, January 16th, and in the meantime Mr. Jewett is reviewing the matters, which from the engineering point of view would determine physical features as to the feasibility and break down of the water system into two units rather than one. He has also been furnished a Copy of the conference memorandum which we had with the officers Of'Q'Melgery & Myers and has been authorized to consult with P!Me;yeny $. 40grs if any question whould arise, so that he can be fully prepared to Jo into the matter, which the Attorneys think should be presented both to the City Council and to the Board of Directors of the South Bay Irrigation District. Moved by Heck, secdn4ed by Hart, that Wednesday, January 16th at 2:00 P.M. be the date of the meeting with Mr. Jewett. Carried, all the Coun- Ci'1 present voting aye. COUNCILMAN HECK asked Attorney Curran if Mr. Winder is going to be.in attendance at the Public Utilities Commission hearing on the application of the Southern California Edison Company, as he -usually represents the City of San Diego in the rate cases. ATTORNEY`CURRAN stated he has not contacted anyone from the City of San Diego. Moved by Heck, seconded by Hart, that the City Attorney be authorized to attend the hearing. Carried, all the Council present voting aye. COMMUNICATION FROM ANTHONY 2ITNIK was read in regard to the traf- fic signal at 16th street and Highland Avenue, which stated he does not believe there was any reason for a traffic signal at that location. Moved by Heck, seconded by Fessman, that the communication be filed. Carried, all the Council present vet- ing aye. COMMUNICATION FROM SAN DIEvO COUNTY WATER AUTHORITY was present- ed•which gives an opinion of the preferential right of the Auth- ority Act. CITY CLERK ALSTON suggested this be referred to the City Attorney. Moved by Heck, seconded by Fessman, the commun- ication be referred to the Attorney. Carried, all the Council present voting aye. HEARING on 26th Street 1911 Act was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present protesting this improvement. Moved by Heck, seconded by Hart, that the 1911 Act on 26th Street between "B" and "D" Ave- nue be continued and the Attorney prepare the necessary resolu- tions for continuation of the project. Carried, all the Council present voting aye. COMMUNICATION FROM ARVEL TRUEBLOCD was read requesting return of the bond which he posted for moving a building. REPORT FROM B1J LDIN:i INSPECTOR BI3GS was read which recommended the release of the bond. Moved by Hart, seconded by Fessman, that the bond be returned to Mr. Trueblood. Carried, all the Council present voting aye. 1/8/57 185 COMMUNICATION FROM MRS. FRANK HOBBS, President of El Toyon P. T. A., was read stating the membership of the El Toyon P. T. A. wish to express their appreciation for the action taken by the City Council in regard to the dedication of the park and recreational area in that community. Realizing that appropria- tions have not been made to develop this area, they suggest that a plan be drawn by the Recreation Department specifying the lo- cation of facilities and park areas. They also hope that the Council will make it possible for the people of this community, the service organizations, and others interested in the welfare of our youth to participate in the development of this community park and recreation center. Moved by Heck, seconded by Hart, that the letter be referred to the Planning Commission for future consideration, after the park is dedicated. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the petition for 1911 Act Im- provement of Orange Street, 20th to 22nd Street, was signed by owners of 29% of the street frontage on the proposed improve- ment. An additional 14% of the street frontage is owned by the National School District. Moved by Fessman, seconded by Hart, that the City Clerk write a letter to the circulator of the petition, Le, tomez, stating that only 29% of the property owners have signed the petition, and an additional 14% of the street frontage is owed by the School District, and that ad- ditional signatures should be obtained. Carried, all the Coun- cil present voting aye. CITY ENi1NEER LILL reported that the petition for 1911 Act Im- provement of Delta Street from the West boundary of Scott Ter- race, Westerly 569 feet was found irregular as to authorized signatures. It is understood that a new petition is to be Submitted to the City. CITY MANAGER BIRD stated a hearing was held last evening on the Improvement• of 18th Street. The Engineer of Work made a very comprehensive report and there were but two protestants to the proposed improvement, Mr. Bird suggested that the Council authorize the City Attorney to prepare the necessary resolution and the report of the project engineer and himself as hearing officers, will be filed in writing at the next meeting. Moved by Fessman, seconded by Hart, that the Attorney be authorized to prepare the necessary resolution. Carried, all the Council present voting aye. COMMUNICATION FROM BOARD OF TRUSTEES OF THE LIBRARY was read re- commending salary increases, effective January 1, 1957, for the following library clerks: Mrs. Claire Goldsmith, $273.00 to $287.00; Mrs. Lillian Johnson, $248.00 to $260.00; Mrs. Lois Flynn, $248.00 to $260.00. Mrs. Johnson and mrs. Flynn are eligible for automatic increases February 1st and March 1st respectively. The increase will not raise their salary budget. CITY MANAGER BIRD stated this matter has been before the Finance Committee and has their favorable recommendation. Moved by Hart, seconded by Fessman, that the increases be allowed. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM CITY ENGINEER LILL was read regarding paving and re- surfacing of "D" Avenue, 24th Street to 30th Street, recommend- ing that bids for the work be opened at 3:00 P.M., February 4, 1957. It is also recommended that the County be requested to improve the intersection of 30th Street and "D" Avenue, con- current with the subject improvement. REPORT FROM CITY MANAGER 1/8/57 186 BIRD was read, recommending that the report of the City Engineer be approved and the work be processed according to plan. Negotia- tions with the County of San Diego regarding the 30th street and "D" avenue transactions will be opened. It is a budgeted item, another portion of our proposed street plan. Moved by Heck, seconded by Hart, that the City Engineer's and City Manager's recommendation be allowed, and bids be opened at 3:00 P.M., February 4th, and the necessary resolution be prepared. Carried, all the Council present voting aye. RESOLUTION NO. 6833 was read, approving and accepting Engineering Department Specifications No. 607 for the Paving and Resurfacing of "D" Avenue, 24th Street to 30th Street, and the City Clerk is authorized and directed to advertise for bids for same. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. COMMUNICATION FROM JOHN McQUILKEN, COUNTY ASSESSOR, was read stating that inasmuch as the Assessor of the County of San Diego serves as Assessor also for most of the cities, school districts and governmental bodies within the County, it is his opinion that closer liaison and understanding should be developed between these agencies and his office. He is therefore requesting that each of the major political subdivisions designate an official represent- ative to meet periodically with him in order to advise him, and to review the many problems and procedures incidental to the operation of his department. VICE MAYOR HOLLINGSWORTH requested this be held in abeyance until the mayor is present. COMMUNICATION FROM JOHN A PENNOCK, Director Coordinating Councils, was read stating that as a follow up to the Town Meetings held last year, the Coordinating Councils in sponsorship with many other organizations, are planning a series of meetings to implement the recommendations that were made at the Town Hall gatherings. They requested the Mayor to appoint a representative of the City to meet with the planning body for this conference, and also proclaim the month of February as "operation follow-up", thereby making all of the citizens aware of the need for participation in this important series of meetings. A planning meeting for all co-sponsors and the City's representative is scheduled for Tuesday, January 8, 1957 at 3:00 P.M., Room 360 Civic Center. VICE MAYOR HOLLINGSWORTH requested this be held over for Mayor Hodge to make the appointment. CITY MANAGER BIRD stated in regard to the report concerning Mr. Kaesser, he is unable at this time to give any further report as it will take considerable more study. It is relative to the open- ing of 24th Street between Cleveland and Harrison Avenue. Mr. Bird said he has had a meeting with Mr. Mack and Mr. Dekema, and we are now searching titles and we will need some help from l''ttorney Curran in a matter relative to that particular described property. CITY MANAGER BIRD reported that a communication has been sent to the Division of Highways requesting a new study for traffic signals at 13th & Montgomery Freeway. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 573 signed by the Atchison, Topeka and Santa Fe Railway Company relative to a parcel of land 16 feet by 73 feet located 123 feet west of Harrison Avenue south of the westerly prolongation of 15th St. Petitioners are requesting permission to install a 10,000 gallon propane storage vessel for the storage of LP -Gas, with a transfer pump and appurtenances. The LP -Gas will be transferred to other containers as needed for use in mobile equipment, and vapor through a pipe system for cutting work. The Planning Commission recommended the granting of this 1/8/57 187 variance in accordance with the new plan submitted December 17, 1956, subject to the final approval of the Fire Chief and the State Boiler Inspector. Moved by Heck, seconded by Hart, that the Planning Commission's recommendation be sustained, and the necessary reso- lution prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 574 signed by Bertha Hutchins, owner, and Stanley Burkett, leasee, relative to the property north of 8th Street approximately 135 feet west of Palm Avenue in an R-4 Zone. Petitioner is requesting permission to place a sign of standard billboard size and construction along the easterly lot line next to property now being used commercially. The corner of Palm and 8th Street is in a C-2 Zone. The Commission recommended denial of this variance due to the three protests present. CITY CLERK ALSTON stated she has received no appeal on this denial. Moved by Heck, seconded by Fessman, that the Planning Commission's denial of this variance be sustained. Carried, all the Council present voting aye. VICE MAYOR HOLLINGSWORTH stated we have two people in the audience that are here because of the opinion that was given in the National City Star -News Monday morning in regard to the contract with the Navy, and it was the opinion of our City Attorney that it would be a breach of contract if we sold any part of it to the School District. COUNCILMAN HECK asked if the City Attorney would re- iterate his opinion, rather than just reading it in the newspaper. ATTORNEY CURRAN stated when the newspaper reporter called him apparently some question had arisen from some quarters as to the meaning, or least the dissertation of the language which is used in the opinion. There did not appear to be any question in the reportor's mind, and certainly no question in the Attorney's mind as to what he intended, it meant simply what it said, that the City prior to the time it received the property had under the law to make certain representations to the Federal Government, and those representations were made, and two of them cited in the opinion, and the one that is particularly applicable, is that the City promised to keep it as a housing unit as long as it is needed by the National Defense Industries. If the City has so contracted, and Attorney Curran stated there is no question about it in his mind, certainly if the City takes any action which is not in conformance with the covenant which the City made it would be in breach of contract. VICE MAYOR HOLLINGSWORTH stated it brought up .a very important point to her as she remembers when we were considering purchase of the property it was in the minds of the Council at that time there would be orderly disposal of the housing, and the person who talked with them before the City bought it said the buildings had to be "flat" beforewe could dispose of the land. At various times the Council has discussed about disposing of certain areas, and in view of this opinion, when we do dispose of it, and the need is no longer there, does it mean that we have to dispose of all of it at one time. ATTORNEY CURRAN stated that subject is not covered by the opinion. COUNCILMAN HECK stated he felt that determination should be made by the City Council as to the dispo- sition; if the Defense Industries states that the housing is no longer needed then it would be incumbent upon members of the Council to work out a disposal plan in the manner which they deem proper. Mr Heck said he is of the opinion that if the Defense Industries feel that we can dispose of a portion, and they spoke of an area that could be disposed of for the school, but the Attorney's opinion is that it cannot be released at this time so a direct answer should be given to the School Board so they can go ahead and prepare their future planning. VICE MAYOR HOLLINGSWORTH stated we deferred making any opinion because Mr. Hart was absent last week, and this week the Mayor is absent. JAMES H. RUSK, Supt. Elementary School District, was present and 1/8/57 r 188 stated he thought it should be made clear what they found out as a School District. Mr. Rusk said he went to Mrs. Hartman, Director of Federal Housing Administration to find out who, because the contract said nothing about that, would say it was still needed for the National Industries, and Mrs. Hartman said it was not made clear in the contract but as far as the Housing Authority was concerned, they would look to the Navy to give that answer. It seems to have been the supposition of the Housing Administration, and the Navy, so that was the basis upon which the School Board had gone to the Navy. Mr. Rusk said he is now sneaking as a taxpayer, in view of this, from whom and when will the City be able, or the Council, to get a release of the 70 acres. Moved by. Fessman, seconded by Hart, that in order to be able to decide whether or not we can sell it to the school, or whoever we wish to sell it to, the City Attorney be instructed to contact the Government agency to t-y to find out who has the responsibility, so for future reference we might know. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:32 P.M. ATTEST: VICE MAYOR, CITY OF NA L2- i✓--61,tnAL f2zAn14,,,, /-� is - CITY CLFRK 1/8/57