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HomeMy WebLinkAbout1956 07-17 CC MIN14. National City) California, July 17, 1956 Regular meeting of the City Council was called to order by ?Mayor Hodge at 1:30 P.k. o'clock. Council members present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Holgate, Lill, Wagner. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Donald E: Fullerton. CITY CLERK ALSTO stated that the City Attcrney would like to have the minutes of July loth amended on page 10 to read: "there was no such thing as local option in California", in- stead of reading: 'there was st.ch a thing as local option in California", Moved by Heck, seconded by Hollingsworth, that Page 10, line 7 of the minutes of the regular meeting of July 10, 1956, be amended, and that the minutes be ap oved as amended. Carried, all the Council present voting aye. RESOLUTION NO. 6688 was read, approving and accepting the pro. posed Escrow Instructions dated July 6. 1956 for the purchase by City from Harold Lcwe'i of the southerly 49,02 feet of Lot 3, Block 1, Paradena Park, and the `,::ayor is hereby authorized and directed to execute the same for and on behalf of the City. The drawing and issaar.oe of a warrant in the sum of :u1600.00 payable to Harold Lowell et ux, and the delivery of same into Escrow, is hereby authorized and ordered in order to comply with said Escrow Instructions. moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6689 was read, granting a special zone variance permit to South Bay Plaza for the purpose of Installing a perchlorethylene unit as part of a dry cleaning plant, located in Unit 4, Plaza Shopping Center, 1161 Highland Avenue. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON announced there will be a Traffic Safety Committee meeting tomorrow at 10:00 A.A. ATTORNEY CURRAr reported that the Pacific Employers Insurance Company has canceled an existing policy in favor of Egnew House Moving Company and in its place has issued a new certifi- cate for a new policy No. G 58669r and it is recommended it be accepted and approved; Moved by Heck, seconded by Hart, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him the situation on "A" Avenue regarding the required number of signatures on a petition pursuant to the 1911 Improvement Act, and the first point to be made clear is that the Council or. Its own motion could determine to institute a 1911 Improvement.. It means there is no jurisdictional requirements that a petition of 50% of the owners be filed. The importance of the 50% becomes ap- parent however when we consider the effect of the Majority Protest Act. The rule which would apply in order to determine whether or not there were a majority protest is that the owners of more than one half of the area of the property to be asses- sed must protest, so the significant thing to be determined is 7-17-56 15 what property is to be assessed. In order to answer the ques- tion posed with reference to "A" Avenue, it must be determined whether the City is going to pay the assessment which would be assessed.on_its_property if it were in ?_'ivate ownership; which means that we must turn to the next aoplicah_c rule in the 1911 proceedings which involves the levying of assessments on publicly owned Proearty b:-.ing used for a public purpose. With the exception of property owned by the Federal Government or property owned ty L;le State of California it is clear that the City Council can c'::termine that property, even though it is owned by a public a;ency, can be ass:ssd and that the pub- lic agencies such as County, other cities, school districts, water districts, irrigation districts, or anything of that nature, can be compelled to pay the assessment. The City need not make the determination that these other public agencies should be compelled to pay the share represented by the publi- cly owned property, in which event the entire burden would fall on the property which is held in private ownership. Therefore, the question which was referred to the Cit] Attorney depends upon what determination the City makes wilt; reference to paying the assessment on the City owned property, In the event the City determines that its property shall bear its proper assess- ment then that City property should be included in determining whether or not 50% are against the assessment. In the event the City determines the City property should not be assessed then the City property should be excluded in determining whe- ther 50% have protested. COUNCILMAN HECK stated the Attorney has posed a question that would have to be determined by the Council, and, in the event the City should determine that the City will pay the assessment levied against the property owned by the City, then it should be included, and it has heen a policy of the Council in the past to participate to the extent of the engineering costs, Attorney costs on 1911 projects that have been brought to completion; also engaged in participation on the cost of drainage problems that arise in the 1911 Act, which clearly is more or less a statement of policy that the Council is willing to go along with a 1911 Act if there is City property involved. Mr. Heck said it is his belief the City should participate to pay the costs that would be levied on the property owned, and in that event the City property would be included in the 1911 Act. MRS. CARMEN JASON, 926 E. 22nd Street, was present, and stated she owns property on "A" and she was not in favor of having the improvement, as it would be a burden to her at the present time; also there are two new owners on "A" Avenue who do not want it. Moved by Hollings- worth, seconded by Hart, that the proposed 1911 Act on "A' Avenue be abandoned. COUNCILMAN HECK stated we have not answered the question as to whether the City will pay their cost on the 1911 project. If the cost of the improvement is paid for by the City then the 150 feet is included in the pro- ject and then we will ask for the feasibility report from the Engineering Dept. as to the number of signatures. COUNCIL- WOMAN HOLLINGSWORTH, with the consent of her second, Councilman Hart, withdrew her motion. Moved by Hollingsworth, seconded by Fessman, that the City Manager contact the people on "A" Avenue to find out if the new owners of the property have signed. Carried, all the Council present voting aye. FILLS AUDITED BY THE FINANCE COJkTM1TTEE presented: General Fund $11,810.44 Traffic Safety Fund 1,141.44 Park Fund 537.75 Retirement Fund 13,902.37 7-17-56 16 Special Stt'ect Fund $ 33.34 Payroll Fund .32,792.90 TOTAL $ 0,2lci,24 Moved by Hollingsworth, seconded by Hart, that the hills be approved, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge ,, Nays: None. REQUEST OF JOSEPH Ei,•'.`?CO, 1420 National J.vcnue, to use a por- tion of City property. was presented. :iovsd by Hart, seconded by Fessman, that the request be denied, Carried, all the Council present voting aye. COj4MIJNICATION FROM ELLEN BAEDER, LIBRARIAN, was read requesting the Council to explore means of transporting two -hundred children on September 1, 1956 at 9:00 A.M. from the library to a navy installation. The Navy has co^p,,cated with the library in assisting with our reading club an is giving the children, who complete the requ`,red number of books, a trip to a navy installation. The Beard of Trustees and staff wish to extend an invitation to the City Council and City Manager Bird to attend the party. COUNCILWOMAN HOLLINGSWORTH stated she thought we should participate but the question to be considered is about the City's liability. Moved by Hollingsworth, seconded by Hart, that the question of liability be referred to the City Manager and City Attorney for a report. Carried, all the Council present voting aye. COrMUNICATION FROM FREELAND & BIRD, Engineers and Architechts, stating they would like to receive consideration in the City's selection of a firm for any Architectural and Engineering work contemplated by the City. Moved by Heck, seconded by Hart, this be referred to the City Manager for a reply. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE BEER BEVERAGE LICENSE for Al's Pizza House, 21 W. 8th Street, was presented. Report from Police Department stated that investigation fails to disclose any grounds for protest of this application. Moved by Hol- lingsworth, seconded by Hart, that the application be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated we received notice of the application of the Atchison Topeka and Santa Fe Railway Company to con,- struct the storage track across 24th Street, from the Public Utilities Commission. Permission for this was granted by Resolution No. 6674 on June 26th, and it has been approved by the Railroad Commission. CITY CLERK ALSTON announced the meeting of the League of California Cities in Escondido on Friday at 7:15 P.M. CITY CLERK ALSTON reported that she received an ordinance from the County Water Authority changing their meeting dates of the Board of Directors to the second Thursday of each month at 7:30 P.M., 2750 Fourth Avenue, San Diego. COMMUNICATION FROM THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS addressed to the City Council and Planning Commission regarding proposed Zone Variance #555, was read in regard to offstreet parking. Moved by Hollingsworth, seconded by Hart, this be referred to the Planning Commission. Carried, all the Council present voting aye. 7-17-56 17 CITY ENGINEER LILL stated a proposed annexation to the City of San Diego was referred to his office, and it is a small parcel of property along Euclid Avenue and north of Logan Avenue. It is entirely surrounded by the City of San Diego, and there is no reason for National City to be concerned. Another proposed annexation by Chula Vista was referred to him, and it is close to the lower part of the Bay Corridor and is a portion between the Montgomery Freeway and San Diego annexation that came around on the east side of National City's Bay Corridor. It does not touch the City of National City, and sees no reason for the City to be concerned, to which City Planner Wagner agreed. CITY ENGINEER LILL reported he had a notice from the Army Engineers of the request of the San Diego Gas and Electric Company for the widening of the existing cable and pipe -line area and ferry lane, which extends across San Diego Bay be- tween San Diego and Coronado, and it is his opinion that it does not affect National City. CITY ENGINEER LILL reported that the City is in receipt of a letter from Mr. Knapp, present developer of Scott Terrace Subdivision, which will be presented by the City Manager later in the meeting. CITY MANAGER BIRD presented a summary of the engineering man- hours expended on projects by the City Engineer's Office for the fiscal year 1955-56. REPORT FROM CITY ENGINEER LILL on petition for 1911 Act Im- provement of Third Street from centerline of "J" Avenue to centerline of Laurel Avenue, was read. It is considered that the resulting street will not be equal to other streets now being improved within the City. CITY MANAGER BIRD saida con- tract was entered into by the people and they deposited with the City Treasurer the estimated amount of money for that con. - tract. The Engineering Department, per the agreement and coni► tract, fixed the street. The property owners informed the City they would come in and petition for the 2 inch H.C. for the base within a year. The records show that they appeared before the City Council and submitted that petition; they have now again presented the petition, which was referred to the Engineer for checking. Upon release of the money by the City Treasurer to the contractor it was done with the approval of the City Engineer's Department, otherwise the money would not have been paid. CITY MANAGER BIRD requested soil tests be made and, as yet, we do not have a report. Moved by Heck, seconded by Fessman, that we go ahead with the dedication of that portion of the street which the City has just purchased from *. Lowell and table the rest of the matter until we get a soil bearing test report. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding the meeting with mr. Knapp was read, stating a meeting was held July loth with W. Knapp, Mr. Pratt, and Mr. Collins regarding Scott Terrace Subdivision and it Is possible that Mr. Knapp may make certain proposals. The suggestions are acceptable axcept that the paving proposed has a useful life of approximately three years and does not meet our standard specifications. CITY ivIANAGER BIRD stated that subsequent to that meeting a letter has been received from Mr. Knapp proposing certain work of improvement as setforth in his lette. CITY MANAGER BIRD stated this is a compromise proposal on the matter of Scott Terrace Subdivision, 7-17-56 18 and suggested that this be set up for a hearing date, and that Mr. Lill notify Mr. Knapp and his Engineer to prcpare their plans. COUNCILMAN HECK asked if the sale of the property to the San Diego Mortgage Company and Mr. Knapp carries with it the same provisions that was granted to George Scott; whether or not the permit that was issued for that subdivision by the County to George Scott permitted when the property was sold that the purchasers and assignees would have the sane rights. ATTORNEY CURRAN stated this question was put in abeyance some meetings ago, and what has happened now, and the reason for the report at this time, is that the effort was made to install the i improvements pursuant to the arrangements which had previously been made with the County and in process it was brought to the attention of the proper officials of the; City that certain City ordinances were being violated. COUNCILitii:N FESSMAN stated what the Council wished to know was whether or not the City had to abide by what the County had accepted. The thinking was that if the City was bound to accept the County's specifications then we would have to compromise:, if Mr. Knapp does not have the privilege of carrying on what Mr. Scott started under County regulations then the City does not have to compromise and they can tell Mr. Knapp what he has to do. ATTORNEY CURR-,N stated that, inasmuch as ivfr. Knapp's letter requested a hearing and that the request made by Mr. Heck and I.1r. Fessman probably should be deferred and the -attorney can have an opinion on that question available at the time of the hearing. COUNCILMAN FESSMAN stated he would like the City Attorney to give an opinion as to whether the streets in Scott Terrace are dedi- cated and are the City's responsibility, and whether the City has accepted the streets. COUNCILMAN HART excused. Moved by Hollingsworth, seconded by Heck, that this question be held in abeyance until we have had a report from the City Attorney and when he is ready with his report he can notify the City Manager and he can call the Finance Committee so we can have a meeting prior to our hearing with Mr. Knapp. Carried, all the Council present voting aye. COMMUNICATION FROM B.J. GAUTEREhUX, Supt. of Parks and Recrea- tion was read in regard to his 1954-55 vacation. Due to the work program it has been impossible to take a vacation when earned, and according to Civil Service Rule 10, the Council can make an exception. It is requested that he be granted per- mission to take his vacation about September 15th to October 5th. CITY MANt.GER BIRD stated Civil Service rules the grant- ing of such a request by the City Council, and recommended the request be granted. Moved by Fessman, seconded by Heck, that the City Manager's recommendation be approved and Mr. Gautercaux's vacation be allowed. Carried, all the Council present voting aye. RESIGNATION OF B.L. ROBERTS from the Police Department, effec- tive August 28, 1956, was read. CO,.AJNICJTION FROM CHIEF SATH was read recommending that the resignation be accepted. Moved by Hollingsworth, seconded by Heck, that the resignation be accepted with regret. Carried, all the Council present voting aye. CONNUNICATION FROM CITY MANAGER BIRD was read regarding the tentative budget for 1956-1957. The tax rate under this pro- posed budget will be . 1.55 per one -hundred dollar valuation, a four -cent decrease from last year, as follows: 7-17-56 19 Perk .23 cents Library .21 cents Retirement .13 cents General Fund .88 cents Bond #6 .016 cents Bend #8 .08l. cents TOTAL 1. COUNCILWOMAN HOLLINGSWORTH stated she thought the Council should hold a hearing on the budget and that it be a night meeting. Moved by Hollingsworth, seconded by Heck, that the meeting of July 24th be adjourned until 7:30 P.M., July 31st for the purpose of holding a budget hearing. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL SCHOOL DISTRICT was read stating that the Governing Board of the National School District wishes to attend the Council meeting on July 24th to obtain an answer to questions previously asked: 1. Will the City Council sell the property located between "D" and "F" Avenues and 22nd and 24th Streets? 2. If so; at what price? COUNCILWOMi N HOLLINGS'IORTH asked if they could not meet August 7th instead of July 24th. MAYOR HODGE requested that the City Clerk write them a letter and explain that, because of a full agenda, it would be preferable that they meet with the Council on August 7th. CITY kANAGER BIRD reported that the Finance Committee have decided to recommend to the City Council that the request of the Employees Association relative to participation of addi- tional benefits to the group insurance be granted, and it has been placed in the budget. Moved by Hollingsworth, seconded by Fessman, that the increase in the benefit to the City em- ployees participated in by the City, be approved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD reported on the proposal of Mohr, Adams, and Plourde Consultants. The Finance Committee met with the re- presentatives of this concern and listened to their proposal and referred the mattcr to the Planning Commission to be placed on the agenda for their next meeting, at which time there will be also in attendance the Harbor Committee to go over the en- tire proposal. COUNCILMAN HART present. REPORT FROM THE PLANNING CMVISSION regarding Application for Conditional Exception No. 557 signed by Fred A. Kidd and Albert Infusino relative to property at 1718 Coolidge Avenue, was presented. It was the recommendation of the Commission that the request be denied. CITY PLANNER WAGNER thought a hearing should be held because of the denial but Attorney Curran ruled that, since no appeal had been filed, no action of the Council was required. CITY PLANNER WAGNER reported. in regard to the proposal of S.D. & A.E. Railway Company to provide for a connection with Montgomery Freeway at 23rd Street, which he has arranged for a conference with Mr. Dekema on Thursday morning, and a report will be forthcoming. ATTORNEY CURRAN stated he had referred to him a communication addressed to the attention of City :attorney and City Park 7-17-56 20 Department, which was written by Ernestine :'.dams. A review of the letter indicates that it should be filed as an official communication and be referred to the City ?.tanager and Park Department. Moved by Heck, seconded by Hart, that the matter be referred to the City Manager and Park Department. Carried, all the Council present voting aye. RESOLUTION NO. 6690 was read stating there is no proposed or- dinance being considered by the City Council, which in any way threatens the home of any citizen of National City. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Councilman Hart abstained from voting. Moved by Hollingsworth, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting,aye. Meeting closed at 3:35 P.M. _ Z--‘/' .//'7 MAYOR, C rTY OF NAT I ONAL CITY, COAL I FORN I A ATTEST:: / N.C1T`i CLERK 7-17-56