HomeMy WebLinkAbout1956 11-07 CC MIN106
National City, California, November 7, 1956
Regular meeting of the City Council was called to order by
Mayor Hodge at 3:00 P.M, o'clock. Council members present:
Fessman, Hart, Hollingsworth, Hodge. Council members absent:
Heck,
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran,
Holgate, Gautereaux, Lill.
The meeting was opened with pledge of allegiance to the Flag,
followed by invocation by Rev. McCoy.
COUNCILMAN HECK present.
ATTORNEY CURRAN requested t hat on Page 101 of the minutes with
reference to the discussion of sales tax that the portion which
states, "City Attorney Curran suggested City buy everything
by resale" be deleted, Moved by Hollingsworth, seconded by
Hart, that the minutes be approved as amended, Carried) all
the Council present voting aye.
RESOLUTION NO. 67�4 was read, "DIRECTING WORK TO BE DONE
UNDER DIRECTION OF Tait= ENGINEER OF WORK (CLEVELAND AVENUE)".
Moved by Hart, seconded by Fessman, that the Resolution be
adopted. Carried, all the Council present voting aye.
RESOLUTION NO. 6775 was read, "RESOLUTION FIXI i HEARING DATE
(THIRTEENTH SleEE.1')", Moved by Heck, seconded by Fessman, that
the Resolution be adopted. Carried, all the Council present
voting aye.
RESOLUTION NO. 6776 was read, "RESOLUTION DIRECTING ASSESSMENT
TO BE PREPARED AND SICzNED BY ENGINEER OF WORK". Moved by Hart,
seconded by Heck, that the Resolution be adopted. Carried, all
the Council present voting aye,
ORDINANCE NO. 912, "AN ORDINANCE OF THE CITY OF NATLJNAL CITY
CONSENTING TO THE ESTABLISHMENT OF A PORTION OF NATIONAL AVENUE
AS A COUNTY HISHWAY", was presented for the second and final
rnadi ncl, end read i n fill?. 1. Moved by Heck, sec reled by Fo sman,
that tAe Or-dinence be adopted. Carried, all the Council pre-
sent voting aye.
ATTORNEY CURRAN reported that Paradise Valley Sanitarium and
Hospital has furnished a certificate issued by Walker & Co,
showing that the hospital has insurance sufficient to cover
the obligation imposed upon the Hospital in connection with
the excavation work, It is recommended that this certificate
be approved and filed, Moved by Heck, seconded by Hart, that
the Attorney's recomeendation be allowed. Carried, all the
Council present voting aye.
ATTORNEY CURRAN reported that the Truck Insurance Exchange
s issued a certificate of insurance showing that the Paradise
v.Iley Sanitariem & Hospital has an additional policy and it
s recommended this be approved and filed. loved by Hart,
sounded by HE('-, that the Attorney's Recommendation be accepted.
Carried, all tic Council present voting aye.
ATTORNEY CUFR.i., r oortedthat National Automobile and Casualty
Insurance Co. ' s f'uinished a relocation performance bond for
Arvrl D, TrueLood ,Lich satisfies the requirements of our
Jrdinnanz'es, anc it is recommended this be approved and filed.
Moved by hart, seconded by Heck, that the Attorney's recomm-
endation be allowed. Carried, all the Council present voting
ale.
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107
ATTORNEY CURRAN stated with reference to the contract for
the construction of traffic lights at 8th and Roosevelt and
l6th and Highland, we have three certificates State Cenpen-
sation Insurance Fund have certified that California f.lcctric
Works has a valid Workman's Compensation policy; Great American
Indemnity Company has issued its certificate showing bodily
injury liability, property damage liability; Swett & Crawford
has issued its certificate showing additional property damage
coverage, Attorney Curran recommended these three certificates
be approved and filed. Moved by Hollingsworth; seconded by
Hart, that the Atto-r.ey's recommendation be approved. Carried,
all the Council present voting aye.
ATTORNEY CURRAN STAT:=D there was referred to
Security Title Insor.:nce Company a title ceee
Sly 49.02 feet of 7,ot 3, Block 1, paradena. Pa
ficate appear' to ee in the ordinary foem an
ed it be appr:veo_ filed. Moved by Heck.
that it be approved and filed. Carried, all
voting aye.
'.ia from the
I f icate for the
This certi-
:s recommend-
eorded by Fessman,
th 'founcil present
ATTORNEY CURRAN reported that the Attorney for the -South Pay
Irrigation District has prepared a first draft of a proposed
agreement whereby a feasibility report which was secured by
the District and the City jointly might be carried out.
Attorney Curran stated he has not yet had an opportunity to
study the agreen,en .,, but copies have been made for each member
of the Council. It is anticipated from the correspondence of
the Attorney for the District that the South Bay Irrigation
District will ask for another joint meeting after the Council
has an opportunity to review the proposed agreement.
ATTORNEY CURRAN stated sometime ago the question of negotiat-
ion of claims for less than $300.00 pursuant to the coverage
with the Insurance carrier was referred to the City Attorney
and City Manager. The Company had certain proposals to make.
In the meantime the procedure has been established and it
has previously been made a matter in the official records that
the Claim service given by the carrier is very much mere
satisfactory to the City and to the people filing the claim.
The matter has come to the point where the Company proposes that
the policy, rather than being a franchise policy wherein the
City be liable for all claims under $300,00, they make a de.e
ductible policy wherein the City would be liable only for $100400
but would be liable fat' that maximum of $100.00 whether or not
t..e el;a1 exc eded ,00.00. There have been several
stai ion* SOCbsaaty wi tb tIm uweemwritima Arpeelmemip aC tbs
carrier in order to get these proposals in a form which the City
Manager Arid City Attorney could recommend to the Council;
The proposal of the $100.00 deductible does appear to be in
the interest of the City and it would be at no increased prem..
ium to the City and it is therefore recommended that the en,.
dorsements which the Company proposes be accepted by the City;
Moved by Heck, seconded by Fessman, that the Attorney's rec-
ommendation in accepting the policy with : 100.00 deductible
:,ritb the City's insurance carrier be approved. Carried, by the
following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings-
worth, Hodge. Nays: None.
ATTORNEYt CURrt'.N reported that the Legislative Sub -Committee
of the Bay De-,emcnt Committee which is composed of the City
Attorneys t:.ose municipalties that have frontage on San
Die'o Bay has met since the last meeting of this council and
certain policies with reference to the feasibility of proceedn
ing with proposed legislation was discussed. The consensus of
1l/7/56
108
opinion of the City Attorneys and also of the representatives
of the District Attorneyts Office is that further study should
be made of this entire problem involving all of the Iega1
phases of joint action by the municipalities and the County
before any definitive program is submitted,,
ATTORNEY CURRAN repo.- ed on the action brounht by Mr. Thibodo
against the United S.:,t.es and in turn the aci.ion by the United
States of America agd net the City of Yetior 1 C-vy and the
County of San Diego f r a1inquent taxe :. r:, property
which was taken by t-. > Federal Governnen: ua, Ale war and
the award for which not yet been mace, 'orney for
Mr. Thibodo has bee cAtempting to wort o `. .anent, with
not too much succes-. s far as the Federa nt is con-
cerned and therefor, .dde a suggestion to ,ity and to the
City that perhaps the C'.ty could forego ce < .ions of
its award in order to ,.,;eclude the necess: ther litigation.
A free trial hearing is now set for Friv 9th and
if the case does have to be tried it is an >< that it
will be long litigation and expensive in the 3.)nt of view hav-
ing expert witnesses, The County Counsel ha:, .had an opport-
unity to review it and feels that such set:.e-.ant wouk be
in the best interest of the County. The City Attorney is not
prepared as yet to make such a recommendation, however from
the comprehension made, the Council should have some sort of
a reference made so that after the free trial hearing, some-
thing definite can be worked out. It will be a matter of
policy to determine Whether it will be in the best interest
of the City to attempt to negotiate a settlement of this tax
claim in this litigation, and it is recommended this problem
receive informal reference so that if something does come up
the City will be in a position to act. COUNCILiAN HECK asked
if it is proposed that the City waive their taxes. ATTORNEY
CURRAN stated it is not, The City might possibly have to pay
back some money which it already received, that is one of the
problems. On the other hand through consolidation of cases
there is other litigation in which the City possibly is en-
titled to additional taxes. Moved by Heck, seconded by Hart,
that it be referred to the City Manager. Carried, all the
Council present voting aye.
JAi..ES RUSK, 1521 E. 22nd Street, Supt. of Elementary Schools,
was present and stated that in August the School Board direct-
ed a letter to the Department of the Navy in Washington and
last week the School board received t he answer to that comm-
unication, COCOMMUNICATiON FROM R. H. ?OGLER, Assistant Sec-
retary of the Navy Material), was read in regard to the re-
lease of certain property in the Olivewood Housing project
for school purposes. The Commandant of the Eleventh Naval
District upon review of this matter has concurred in release
of the area under consideration for a school site if the City
agrees to relocate within the Olivewood Project those Navy
families who will be affected. It was suggested that the
i"ntional School District make the necessary arrangements with
National City authorities, in order that the City may enter
into negotiations with the Commandant of the Eleventh Naval
District for release of the subject /and. COtvaMUNiCATlON FROM
NATIONAL SCHOOL DISTRICT was read requesting that the City
enter into negotiations with the Commandant of the Eleventh
Naval iistrict for the release of property in the Olivewood
h-sing project for school purposes. The meeting with the
1 Boa: a lna set x . `1'ttC r scie Nov etaber 1,tn. at 8:00 P.M.
11/7/56
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109
ARS. T. E. PETERSJN, 2503 "M" Avenue, was present and present-
ed a petition signed by property owners on "M" Avenue, request-
ing that the City take immediate steps to place the following
described streets in a condition that will conform to an agree-
ment made with the City in 1948: that portion of "M" Avenue,
extending from the Nly street line intersection of 26th Street,
North 290 feet and approximately 30 feet wide. The property
owners originally paid for this street to be surfaced, and
the City agreed to keep the street in good repair after the
initial cost. Moved by Fessman, seconded by Hart, this be
referred to the City Manager. Carried, all the Council pre-
sent voting aye,
MRS. T. E. PETERSON, 2503 "M" Avenue, was present and stated
the property owners on "M" Avenue would appreciate consider-
ation of a street light in the close proximity of the dead
end of "M" Avenue, normally 25th Street. Moved by Heck,
seconded by Fessman, that the request for a street light at
the dead end of 25th Street and "M" Avenue be referred to
the Traffic Safety Committee for recommendation to the Council.
Carried, all the Council present voting aye.
COUNCILMAN HECK asked Mrs. Peterson if the property owners
on "Mt" Avenue have made a request for an 1911 Act Improvement.
S. 0. GRANGER, 2518 "M" Avenue, was present and stated the
possibilities of a 1911 Act has been looked into, but inas-
much as that is only a 30 foot dedicated street the cost as
estimated by contractors has been around $15.00 a foot. You
cannot get curbing and sidewalks on both sides of the street
and still have a thorofare because there is less than 29.3
feet available for processing. The street grade has never
been properly made.
REPORT OF CITY ENGINEER LILL was read regarding the improve-
ment of Tidelands Avenue, 13th Street to 19th Street, Gas
Tax Project #55. The Griffith Company has completed the
improvement as specified in the contract with the City. It
is recommended the City accept the project and authorize
payment as specified in the contract, and that a notice of
Completion be filed.
RESOLUTION NO. 6777 was read, accepting the work done by the
Griffith Company pursuant to the contract for the Improve-
ment of Tidelands Avenue from 13th Street to 19th Street,
and authorizes the filing of a Notice of Completion, and
1rders that ,payment for said work be made in accordance with
said contract, Moved by Heck, seconded by Hart, that the
Resolution be adopted. Carried, all the Council present
voting aye.
BILLS AUDITED BY THE FINANCE COMMITTEE presented:
General Fund 9$15,769.12
Traffic Safety Fund 4, 620.12
Park Fund 249.84
Harbor Fund 40,461.22
Gas Tax Fund 11,136,92
Drainage Fund 886.37
Payroll Fand 65,380.88
TOTAL $138,504.47
..,jved by holiingsworth, seconded by Hart, that the bills be
a?nrovcd for oaynent, and warrants ordered drawn for same.
Carried, by the following vote to -wit: Ayes: Fessman,
:Tart, Heck, Hollingsworth, Hodge. Nays: None.
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110
CO;5MUNICATION FROM CALIF'DRNIA WATER & TELEPHONE COMPANY re-
garding water conservation, was read. A copy of a letter
addressed to Mayor Dail of San Diego was attached, which
stated that if there should be no runoff this coming winter,
and if the City of San Diego should purchase their full
Preferential Right to Colorado River water then the Company
will have only the Preferential Right to Colorado River water
amounting to 10,300 acre feet for the year 1957 and will have
no surplus ie 1957. The situation will change quickly if
there is any runoff this winter to replenish their reservoirs.
MAYOR HODGE ordered he communications filed.
APPLICATION FOR EXCAVATION PERMIT by Rose Hedin was presented.
CITY MANAGER BIRD stated that after receiving reports from
the Engineering Department and Street Department regarding
this application he wrote a letter to Mrs. Hedin advising
her that no excavation permit can be granted until plans
prepared by a qualified engineer have been presented and
approved, together with an estimated cost of work. A copy
of the Engineer's report regarding said application was en-
closed. Mrs. Hedin was advised that no further action in
this matter will be taken until the recommendations as stated
in the Engineer's report have been complied with.
REPORT FROM CITY ENGINEER LILL was read regarding petition
for 1911 Act Improvement on "T" Avenue from 4th Street to 8th
Street, and 7th Street from "T" Avenue 300 feet easterly.
Total percent petitioned is 64.98%. The only apparent diff-
iculty in the construction of the petitioned improvement is
that 7th street is the channel of Paradise Creek. It is
recommended that to project be authorized by the Council,
subject to what ever delay is necessary due to the major
drainage condition involved. Moved by Hollingsworth, that
the Engineer's recom:r•.endation be approved and that these
people should be notified that due to the drainage that we
cannot go ahead with a feasibility report until the drainage
plan is finished. Motion died for lack of a second. R. H.
JONES, 515 E 4th Street, was present and stated he has three
lots and two houses on "T" Avenue and he has been trying for
six years to get that street paved and he cannot see why
the Engineer refuses to let them pave the street, and why it
should be held up because of the drainage, he cannot under-
stand. CITY ENGINEER LILL stated the only position he can
take is that anything that is decided in his office should be
logial and practical, but if the City Council wished them to
go ahead and have plans prepared for the street and forget
the drainage channel they will do it, but he would not recomm-
end it. MRS. H. E. HESTON, 2011 E 7th Street, was present
and said she thought something should be done to improve this
street. CITY ENGINEER LILL stated it has never been consider-
ed but it would be a possibility to make a concrete street
and that would be satisfactory. MRS. ED. EUBANKS, 709 "T"
Avenue, was present, and stated there are no sidewalks and
they are asking for an opportunity to put them in. Moved by
F' ssman, seconded by Hart, that this matter be referred to
the City Manager for his recommendation. Carried, all the
.70,Ancil present voting aye. H. E. HESTON, 2011 E 7th Street,
gas present, and asked if this would mean that 7th Street
would be left off of the petition. MAYOR HODGE stated it did
R= H. J.:. v, 5 Ott' Street, was present azd
stated she .e^annot unrstand why they were allowed to bultd
houses in the last two years on 8th Street which is almost
entirely in the erai)a.,c area, and the City cannot do something
for people on (th Street when they are willing to pay for it.
11/7/56
111
COMMUNICATION FROM C ALIFORNIA WATER & TELEPHONE COMPANY was
read regarding Feather River water, and enclosed a letter
from Bueno Colorado Municipal Water District. The letter
stated that members of their Board have for some time des-
ired to be better informed on the engineering plans for bring-
ing Feather River water to the Southern counties and felt
that they would understand the proj;ct more thoroughly if they
traversed the route from Oroville down the valley to the
Tehachapis by automobile and were briefed, on the ground, by
a State Water Department engineer. As a consequence, the
Director of the State Water Department has arranged for an
engineer to meet their group at Oroville, Monday morning
November 12th, explain the several features there, and accomp-
any them south over the proposed aqueduct as far as the
Tehachapis. The trip will include a map briefing and discuss-
ion in the Sacramento office of the Department of Water Res-
ources. It was felt that member agencies might be interested
in joining them in this trip, and if so that the District
be so advised,
COMMUNICATION FROM BERYL McDANIEL was read rLquesting return
of her relocation bond for house moving. REPORT FROM BUILDING
DEPARTMENT was read stating that the building of Mrs. McDaniel
has complied with all requirements as specified by the City
and a final completion clearance was issued on September 13,
1956. Moved by Heck, seconded by Fessman, that the request
for the return of the reolcation bond be allowed. Carried,
all the Council present voting aye.
COMMUNICATION FROM COUNTY BOARD OF SUPERVISORS regarding
amendment to the Health Agreement, was read, and City Clerk
Alston recommended it be referred to the City Attorney.
Moved by Heck, seconded by Hart, that the recommendation of
the City Clerk be allowed. Carried, all the Council present
voting aye,
PETITION for 1911 Act on 17th Street from National Avenue to
"B" Avenue, for grading and paving was presented. CITY CLERK
ALSTON recommended it be referred to the City Engineer. Moved
by Heck, seconded by Hart, that the petition be referred to
the City Engineer for his recommendation. Carried, all the
Council present voting aye.
APPLICATION for excavation permit by Guy E. Moore was presented.
CITY MANAGER BIRD stated report regarding Mr. Moore's applicat-
ion is being processed, and at the present time it is in the
Building Department for a report, as recommended by the City
Engineer and City Manager. We will have the report at a later
date.
APPLICATION BY CHARLES 0. POWERS to move a building, was pre-
sented. The building is located on the Southeast corner of
Plot "G":, Lot 69 of Horton's Purchase. REPORT FROM THE
BUILDING DEPARTMENT was read recommending the granting of this
request subject to certain restrictions. P. E. PETERSON, 1801
S. 43rd Street, was present and stated this building is in good
stape and all alterations and repairs will be made to meet the
:+i;,ilding Code. Moved by Hart, seconded by Heck, that permission
r; granted to move the building and that it be brought up to
stand,erci es recommended by the Building Inspector, and require
that they recovcr the exterior of the structure, and that re-
roofing, rep::ir_ting and landscaping be required. Carried, all
t!" Council )resent voting aye.
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112
THE MATTER OF MAP OF WILLIAhS MANOR NO. 4. SUBDIVISION was
presented. CITY ENGINEER LILL stated the maps have been
approved by him, and all the informa.ticee - baa"- eiesAc•n, r�
'ttw t' i ty A'Ltvrrny.
CITY CLERK ALSTON reported that she contacted the Registrar
of Voters in regard to the two propositions the City had on
the ballot and at 2:45 P.M. they had returns from only 18
precincts.
CITY CLERK ALSTON reported that she had a group of communi-
cations from Dr. George A. Snyder of Hollywood, in regard to
the health problems in Alaska, and they will be on file in
her office.
COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY re-
garding Williams Manor No. 4 Subdivision was read, stating
that Mtr. Williams has entered into a contract and deposited
the estimated cost of installing the water system to serve
his subdivision. Moved by Hollingsworth, seconded by Heck,
this be referred to the City Attorney. Carried, all the
Council present voting aye.
COMMUNICATION FROM GLENS FALLS INSURANCE COiMIPANY was read
regarding sidewalk license bond of Tessitore & Bulldis which
they request be cancelled. Moved by Heck, seconded by Hart,
that it be referred to the City Attorney. Carried, all the
Council present voting aye.
REPORT FROM STATE OF CALIFORNIA on "Continued Study of Waste
Water Reclamation and Utilization", was presented. CITY
CLERK ALSTON stated this will be on file in her office,
CITY ENGINEER LILL reported that the revised plans for Scott
Terrace Subdivision has been approved by him, and construct-
ion should begin in the near future.
CITY ENGINEER LILL reported that plans for National Vista No. 1
1911 Improvement Act have been prepared and the Engineerts
Report has been prepared and given to the City Attorney.
CITY ENGINEER LILL stated that on file in his office are the
plans and specifications for the improvement of National
Avenue between Chula Vista and National City.
CITY ENGINEER LILL reported that the contract for 1911 Act
Improvement of Fiftn Street has been signed by the Griffith
Company and they are now at work and the job should soon be
completed.
REPORT OF CITY ENGINFR LILL regarding bids re:.ceived from the
improvrgsxe t of Cleveland Avenvog was 'si.d. The following bids
were received: V. R. DENNIS CONSTRUCTION CauPf,NY, $71,499.28;
THE GRIFFITH COMPANY, $74,986.55; R. E. HAZARD, $72,891.85;
KENNETH GOLDEN, S74,742.07; DALEY CORP., $71+,407.72. It was
r,couumended that the low bid of V. R. Dennis Construction
Company be accepted. Mr. Lill stated he was told by the S„ ate
H'.ehway Dept. that they would have to approve this bid, but
it was just routine and permission would be received by the
n::et C,)unci1 meeting. Moved by Fessman, seconded by Hart,
that the City Engineeris recommendation be allowed, and the
contra. t be aerar.lcd to V. R. Dennis Construction Company,
uni a resol.it'on be lrepared. Carried, by the following vote
11/7/56
113
to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge.
Nays: None. CITY ENGINEER LILL stated that the cost of
street improvement is creeping up, and has increased about
ten or fifteen percent in the last year.
REPORT FROM CITY ENGINEER LILL regarding acceptance of imp-
rovements in Susan Manor Subdivision was read, which stated
that a final inspection has been made of the improvements
and they have been installed in accordance with the approved
plans and specifications. It is recommended that the City
accept these improvements.
RESOLUTION NO. 6778 was read, accepting the installation of
improvements in Susan Manor Subdivision. Moved by Heck,
seconded by Hollingsworth, that the Resolution be adopted.
Carried, all the Council present voting aye.
PRELIMINARY REPORT OF CITY ENGINEER LILL ON THE HEARING
OCTOBER 29th OF IMPROVEMENT ON "I" AVENUE, 23rd to 24th Street,
22nd and 23rd Streets, Highland to "I" Avenue, was read.
Twenty-one persons attended the hearing. Two written protests
were received. Several persons stated that a 48 foot wide
travelway should be constructed on all of the streets within
the project other than the 40 foot width planned and that
the City should pay the cost of the extra 8 feet. This seem-
ed to be the consensus of opinion of those present. The
hearing was continued to 8:00 P.M., November 26th. It is
considered that two months would be required to prepare the
plans for a 48 foot street. CITY MANAGER BIRD recommended
this be referred to the Finance Committee. Moved by Fessman,
seconded by Hollingsworth, that the City Manager's recommend-
ation be allowed. Carried, all the Council present voting aye.
REPORT OF CITY ENGINEER LILL regarding hearing held October
22nd on improvement of Hoover Avenue, was read. Three sepa-
rate written protests and one petition signed by 61 persons
were received. There were oral protests by various persons.
All protests were against the cost of the project. The pro-
ject was protested by persons having an interest in 78.24%
of the area of the proposed improvement district. The hearing
was continued to some future date. It is apparent that the
project will nut be constructed unless the propevty owners
are aided some way by the City. It is therefore suggested
that the City contribute in addition to drainages sewer and
water costs, the following: all curb repair removal and re•--
pic:Oezne,nt of existing sidewalk as necessary, the center 12
feet of paving of a 52 foot wide street and 15% of cost of
grading, paving and gutters of the remaining 40 foot wide
paving. It is also suggested that all sidewalk and driveway
approaches be eliminated. CITY MANAGER BIRD recommended
this be referred to the Finance Committee. Moved by Heck,
seconded by Fessman, that the City Manager's recommendation
be allowed. Carried, all the Council present voting aye.
,F ^RT OF HEARING held November 5th on the improvement of
26tn Street from "B" to "D" Avenue, was read. Fourteen
interested parties were present. No written protests were
received,, No oral protest was made other than the property
owner at the Northeast corner of "B" Avenue and 26th Street
who questioned t'.c width of the sidewalk area at that locat-
ion. It was l ned that information available to the
City indicate, c full 60 foot wide street at that location.
israngements cre 1:ic:; to meet with the property owner on
the site an .;t:rmine the final sidewalk width. It was
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114
the recommendation of the hearing officers that the project
be continued in accordance with the wishes of the property
owners, Moved by Heck, seconded by Fessman,, that the project
be continued and referred to the Attorney and Engineering
Department for the preparation of the necessary resolution.
Carried, all the Council present voting aye,
CITY MANAGER BIRD stated that we have had a firm proposal
from the Division of Highways in regard to land on the Belt
Freeway, namely Lots 3 to 8 in Block 139. COMMUNICATION
FROM THE DIVISI.)N OF HIGHWAYS was read, stating that the
appraised current market value of the lots is $9,000.00.
It has been d termined that the City of National City's
interest in ti:rse lots is on a parity with Ralph A. Cook,
Inc., and that each party has an equitable as well as a
legal interest in the property. The $9,000.00 must be divid-
ed between the parties on that basis. Equitable distribution
to be made to each party before division of balance: Cook,
Inc. has a total cost of 3832.89; National City has an equit-
able settlement of 4'226.70, total of ?1,050.59 total equit-
able settlement, balance of $7,940.41 to be divided between
the City and Ralph A. Cook. Copies of right of way and
grant deed to the property were inclosed. If the offer is
acceptable to the City Council it is requested that the doc-
uments be executed. CITY MANAGER BIRD recommended that the
documents and the offer be referred to the City Attorney.
Moved by Hart, seconded by Heck, that the recommendation of
the City Manaer be followed. Carried, all the Council pre-
sent voting aye.
CO.MUNICATION FROM THE CITY OF IMPERIAL BEACH was read stat-
ing that plans are being formulated for a ceremony to be held
at Montgomery State Park on Veterans' Day, November llth at
2:30 P.M,, to be known as "Strength for Freedom Day". The
Public Officials and citizens of the City of National City
are invited to attend and participate in this occasion.
COMMUNICATION FROM CALIFORNIA LEGISLATURE, office of Senator
Fred H. Kraft, was read stating that the 1957 General Session
of the Legislature will convene January 7th and propesed legis-
l ion s+ mit d now to the Legislative Counsel for drafting
receives more attention than during the busy and short January
session, if the City Council or any of the officers of the
City have recommendations for legislation, Sen Kraft will be
happy to meet with them. It is urged that all suggestions
for bills be prepared as soon as possible. CITY MANAGER BIRD
;Mated we have a report from Attorney Currian on tie Bay legis,p
lation and he believes it is the;r intention when this is
firmed up to have Sen. Kraft submit it. If there are any other
legislations which the Council has he is willing to present
it,
COMWNICATIDN FROM DEPARTMENT OF P' BLIC WORKS, Division of
HiOways, was read stating that apportionments and payments
to incorporated cities are being made quarterly from the
St etc Highway Fund for expenditures exclusively for engineering
c^.its in respect to city streets. The apportionment to the
City of National City for the quarterly period ending September
�0, 1956, is 31,500.00 based on the official population of
27, "7. The payment being made to the City for the same quarter
le le)00,00,
COM1UNICATION FROM 'SPARTMENT OF PUBLIC WORKS, Division of
Highways, was read rLarding the payments of 5/8d gas tax fund
ii/7/56
to the incorporated cities. The apportionment of the City
of National City for the quarterly period ending September
30, 1956 is $22,631.50, for which payment is being made; to
the City.
COMMUNICATION FROM FIRE CHIEF BAILEY was read recommending
that the resignation of Jack Mansell, member of the Fire
Department be accepted as of the date stated in his commun..
ication. COMMUNICATION FROM JACK MANSELL was read, request-
ing that his resignation from the National City Fire Depart-.
ment be accepted, effective November 27, 1956. CITY MANAGER
BIRD recommended that the resignation be accepted. Moved by
Heck, seconded by Fssman, that the resignation be accepted
with regret, ,nd t'.at Capt. Mansell be written a letter
th^nking him for his services to the City. Carried, all the
Council pres^T.t voting aye.
REPORT FROli T LE PLANNING COMMISSION was read, recommending
the acceptance of the grant deed received from Howard E. and
Joanne Cornmaa relative to an extension of the south 30 feet
of 5th Street westerly 60 feet from the existing street, just
westerly of "V" Avenue. Moved by Heck, seconded by Hart,
that the deed be accepted and referred to the Attorney.
Carried, all the Council present voting aye.
REPORT FRaM THE PLATING COMMISSION was read, recommending
the acceptance of the grand deeds received from Noble N.
and Jeanne Leon and Glenn H. and Clara E, Miller. It is
for the widening of a portion of Palm Avenue from 20 feet to
30 feet and for the northerly 30 feet of future 15th Street
from Palm Avenue westerly a distance of two blocks. Moved
by Hollingsworth, seconded by Fessman, that the Planning
Commission's recommendation for acceptance of the deeds be
acccated, and referred to the Attorney. Carried, all the
Council present voting aye.
MAYOR HODGE stated at the Mayor's meeting on Monday Mayor
Dail of San Diego asked that all the municipalities and
various water authorities join together in a grogram to advert-
ise water conservation. It was asked that each city adopt a
resolution supr.,crti.ng such a program and appoint someone to
become a membc of to Water Conservation Committee. Moved
by Fessman, s..c.nd,.0 by Hart, that the Council support the
rerommendatioi for r program of education and advertising the
need for saviiij water„ Carried, all the Council present voting
aye, MAYOR HCiJGE asked that the Council consider the appoint-
ment of a member to the committee and make their recommendation
at the next meeting°
MAYCP HODGE requested permission to be out of the Country for
the next two Council meetings. Moved by Hart, seconded by
Heck, that Mayor Hodge be allowed to leave the Country.
Carried. all the Council present voting aye,
COU 'CI LWO:,'_'_N F0LLi l\?GS':VORTH gave a resume of the conference
of the Laague of California Cities in Los Angeles.
One thing in particular was brought out at one of the meetings
was in regard to secret meetings. Mrs. Hollingsworth stated
thi Council 2as not been guilty of having secret meetings
but eske( to have a ruling by the City Attorney about how this
wo:..' . a ='f:.ct coy i Macs of the Council. The Finance Committee
er t'_. Harbor Co-._;ittce would be very willing to notify the
•:'cr-.5„ so they can ntt--nd any of the meetings, but sometimes
',.e do not know 24 ho ,i s in advance, and would like to know
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115
116
if it is possible to call the press and notify them that we
are having a meeting, because sometimes we do not know even
an hour before the meeting is going to be held.
CITY MANAGER 3IRD stated that he must have a Finance Comm-
ittee meeting, as there are six very important matters,
three of which have been referred to the Finance Committee
and they must meet a dead line. It was the agreement of
the Finance Committee they would meet Thursday, November
8th at 8:00 P.M. in the City Manager's Office.
COUNCILWOMAN HOLLINGSWORTH stated that in the Attorneys
meeting of the League, she was talking with the Attorney
from Livermore, and there was a piece of property in Livermore
that was zoned commercially, a man bought the property and
for nine months made his plans for improving the property,
in the meantime he did not go to the City and make any appli-
cation for any building permit or submitted any of his plans.
The City Council changed the zone from commercial to resid-
ential and he filed suit against the City. It was determined
that the City did have the right to change the zoning.
CITY MANAGER BIRD introduced Mr. Buzzeil of the American
Typewriter Company who set up the recording apparatus which
was being used in the meeting.
Moved by Heck, seconded by Fessman, that the meeting be
closed, Carried, all the Council present voting aye.
Meeting closed at 5:25 P.M.
ATTEST.:
CITY CLERK
fk-
MAYOR, CITY OF NyTIOr`AL CITY, CALIF.
11/7/56