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HomeMy WebLinkAbout1956 11-28 CC MIN147 National City, California, November 28, 1956 Adjourned meeting of November 27, 1956, of the City Council was called to order by Mayor Hodge at 8:00 P.M. o'clock. Council members present: Fessman, Hollingsworth, Hodge. Council members absent: Hart, Heck. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran. The meeting was adjourned for the purpose of meeting with the South Bay Irrigation District Board to discuss the contract which was sent to the members for perusal. MEMBERS OF SOUTH BAY IRRIGATION DISTRICT BOARD present: Fred Stafford, Chairman, Paul D. Engstrand, Attorney, Lloyd Lee, Charles Butler, Clarence Helm, Walter Steele, Edna Hoover, Ass't. Secretary. The meeting was opened with pledge of allegiance to the Flag. FRED STAFFORD stated they have gone into this matter quite thoroughly and authorized their Attorney to prepare an agree- ment, which might possibly be a contract with the City of National City, It was agreed by the Council and the Board members that Attorney Engstrand would go over the agreement section by section. COUNCILMAN FESSMAN fated he thought it might be well to have the South Bay Irrigation District and the City of National City buy the Water Company together, and after the purchase is made, he personally would rather see National City operate its own municipal water system than take its share of water from the District; as National City would have complete control at all times over the water it was distributing in its own pipe lines. ATTORNEY CURRAN stated what Mr. Fessman is suggesting would mean that the agreement between the South Bay Irrigation District and National City would be limited to providing facilities for bringing water to the boundary of National City and the distribution within the City should be purely a municipal affair and the distribtuion within the boundaries of the South Bay Irrigation District would be purely and Irrigation District affair. ATTORNEY ENGSTRAND stated the agreement provides that anytime either of the agencies, South Bay Irrigat- ion District or City of National City, could demand of the Water Commision that the amount of water which National City was entitled to, by the Water Authority, would have to be served only within. National City, would be served only to the extent that National City needed it, to use at that time. The next step would be that if it was not enough then everyone would he under the present existing water shortage emergency law, everyone would be restricted to same, and domestic use would be the first use, then farm use, then agricultural use. COUNCILMAN FESSMAN questioned the lack of finances to finance any development, and assuming there were two projects in mind, one in the South Bay District, and one in National City, that needed money to develop it, and there was not money enough for one of them, we have the five man Board that has to decide which one, which would leave National City at the mercy, or under the control of this five pan board as far as their project was concerned and possibly would have to wait until finances were available. ATTORNEY ENGSTRAND stated anything like that the Water Commission would be faced with the problem. CITY ATTORNEY CURRAN stated that the question posed by Mr. Fessman is very basic, because it suggests the possible alter- native which is entirely foreign to the whole conceotion of tr.is agreement, it is very vital, and is something our respect- ive bodies should determine the possibilities of the system 11/28/56 148 propsed by Mr. Engstrand as against the system proposed by Mr. Fessman. COUNCILWOMAN HOLLINGSWORTH stated she has read the agreement and so far has found nothing in disagreement. ATTORNEY EN3STRAND continued explaining other sections of the agreement. CITY ATTORNEY CURRAN stated he thought they should consider the necessity, if not the necessity the desirability of going to the Legislature next session and requesting specific amendments on certain phases, particularly the authority. At the present time there is no specific authority for this type of financing of a water system under the Point Powers Act, so from the point of view of legislation, and from the point of view of having somebody in a position of taking a different point of view than either Mr. Engstrand or himself, who have the primary duty of representing their re- spective clients, and it might be they could get suggestions which they could bring back and work out and possibly make an ultimate title draft of an agreement much easier to bring about. MAYOR HODGE said they would not want to consider asking for legislation or action on a proposal. CITY ATTORNEY CURRAN stated we should have something very definite, if not an agree- ment that has been executed, certainly an agreement that is agreed to in principle by the respective bodies before we propose any legislation in order to know what type of legis- lation we want. COUNCILMA1N FESSMAN inquired if the Council could sign the contract, or authorize the signing, without a vote of the people, to ascertain whether or not they want it. ATTORNEY CURRAN stated that is correct. CHAIRMAN STAFFORD stated that is one of the nice things about it, we can set up this agency, have everything arranged, and there is some- thing definite to vote upon when we finally need to have some revenue bonds issued. Then the people can either say yes or no. COUNCILMAN FESSMAN stated, suppose the people of National City said "no" and the people of the South Bay Irrigation District said "yes", what would happen. i;":i 3TFFORD said then the whole thing is dropped. Moved by Hollingsworth, seconded by Fessman, that Attorney Curran be authorized to consult with a Bonding Counselor and report back at a meeting, designated at a later date by these two bodies, and that two basic con- cepts be presented. CITY ATTORNEY CURRAN stated that the firm of O'Melveny & Myers set up the bond election which National City had a few years ago, and Mr. Lindman of that firm, who almost exclusively devotes his full time to bonding matters is quite familiar with the situation with reference to the California Water & Telephone Company, so he would be the logical one to contact in this matter. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart, Heck. Moved by Helm, seconded by Lee, that Attorney Engstrand be authorized to consult with a Bonding Counselor and report back at a meeting, designated at a later date by these two bodies, and that two basic concepts be presented. Carried, all the Board Members present voting aye. The Irrigation Board moved to adjourn. REPORT FROM CITY MANAGER BIRD and CITY ENGINEER LILL was read regarding City participation in 1911 Act Improvement of Fifth Street, westerly of Palm Avenue, recommending that the City participate in the cost of this imnrovement as follows: 15% of the cost of grading, paving and gutters in addition to the cross gutter and sewer costs. The estimated City con- tribution would then be 17.3% ($1,380.10) of the total cost of approximately $7,997.09. Moved by Fessman, seconded by Hollingsworth, that the recommendation be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart, Heck. 11/28/56 149 Moved by Fessman, secDnded by Hollingsworth, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 10:30 P.M. MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK