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HomeMy WebLinkAbout1956 12-18 CC MINRegular meeting Mayor Hodge at Fessman, Hart, Heck. 163 National City, California, December 18, 1956 of the City Council was called to order by 1:30 P.M. o'clock. Council members present: Hollingsworth, Hodge. Council members absent: ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Holgate, Lill, Jautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Erny. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meting of December 11, 1956, be approved. Car- ried, all the Council present voting aye. RESOLUTION NO. 6816 was read, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (FOURTH STREET)". Moved by Hollingsworth, sec- onded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: None. Councilman Heck abstained from voting. COUNCILMAN HECK present during partial reading of the Resolution. RESOLUTION NO. 6817 was read, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" (FOURTH STREET). Moved by Heck, seconded by Fessman, that the Resolution be ad- opted. Carried, all the Council present voting aye. RESOLUTION NO. 6818 was read, "RESOLUTION APPROVING E GINEER'S REPORT AND FIXING DATE OF HEARING (FOURTH STREET)". Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6819 was read, "RESOLUTION ADOPTING? AMENDED PLANS AND SPECIFICATIONS ("I" AVENUE)". Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, all the Coun- cil present voting aye. CITY ATTORNEY CURRAN reported that he and the Attorney for the South Bay Irrigation District met last Thursday in Los Angeles at the law offices of O'Melveny & Myers and four different Attorneys from that firm met in conference with them and went over the present state of the project for affecting an arrange- ment by this City and the South Bay Irrigation District to set up a water system of its own in place of the California Water & Telephone Company's system. There will be a memorandum forth- coming on that report at a later meeting. ATTORNEY CURRAN stated at the last meeting there was a commun- ication regarding Bond No. 531173 issued by Royal Indemnity Company with L. D. Millum, as Principal. At that time Mr. Millum had not signed the bond, but he has now done so, and this bond can replace the bond which Royal Indemnity wishes returned, It is the Attorney's recommendation that Bond No. 531173 be approved and filed. Moved by Fessman, seconded by Hart, that the At- torney's recommendation be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from the County Board of Supervisors which enclosed a copy of a resolution with ref- erence to the Metropolitan Mass Transit Study Committee appears 12/18/56 164 to be a matter of interest and something which the City is in- terested, and has appointed a committee to same. It also ap- pears to be a matter which requires no action on the part of the City at this time, and it is recommended the communication and resolution be filed. Moved by Hollingsworth, seconded by Fessman, that the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from Frederick T. Blakely with reference to Ordinance No. 750, Section 4, appears to be a proper case wherein the City Council is asked to in- terpret the map that is incorporated and a part of the ordinance and to determine a boundary of the zone as it affects the prop- erty of Mr. Blakely. It is, the recommendation of the Attorney that this matter be placed on the agenda for that formal in- terpretation which is made a part of the record. Moved by Hollingsworth, seconded by Fessman, that the request of the City Attorney to have this put on the agenda for a formal decision be approved. Carried, all the Council present voting aye. REPORT FROM CITY ATTORNEY CURRAN regarding Olivewood Housing was read, stating the question has been raised as to the right of National City to dispose of the Olivewood Housing Project. The answer to this question depends upon the provisions of the Lanham A.ct and the representations made by National City to the Public Housing Adminstration. Originally, the City represented to the Public Housing Administration that the purpose for which the Olivewood Housing Project was sought by the City was for "gradual disposition as rapidly as housing conditions will per- mit". Prior to securing the transfer of Olivewood Housing to National City, however, it was required that this representat- ion be amended to read as follows: "The applicant will con- tinue to operate said housing as long as it is needed to meet the local housing requirements of the National Defense Indust- ries". The importance of these representations as promises on the part of National City was pointed out in a letter addressed to the City by the Public Housing Administration prior to the time that the transfer of the Olivewood Housing Project was ef- fected. Another representation made by the City to the Public Housing Administration was that in any vacancies, preferences would be given to military personnel and person engaged in national defense as prescribed by the Secretary of Defense, or his designee. The effect of this representation is to vest jurisdiction in the Defense Department to determine who shall occupy the Olivewood Housing Units. In view of these promises to the Federal Government there appears to be no escape from the conculsion that: 1. The Olivewood Housing Project must be continued in operation as a housing until such time as it can be found and determined that it is no longer needed to meet the local housing requirements of the National Defense Indust- ries. 2. As long as Olivewood Housing Project continues in operation, the determination of preferences in all vacancies is vested in the Department of Defense. COUNCILMAN HECK stated he questioned who is to determine how long this housing'is re- quired. ATTORNEY CURRAN stated the significance of the state- ment "gradual disposition" and the fact that is not the rule we are operating under because we were not permitted to receive the Housing Units on the basis of "gradual disposition", that was originally the basis on which the City sought to secure transfer but were not permitted to receive the transfer on that basis, and we had to amend our promises as to what would happen to the units in accordance to the promise that we would operate as long as the units were needed. The "gradual dis- position" was eliminated prior to the time the units were trans- ferred to the City. COUNCILMAN HECK stated the Commandant of 12/18/56 165 the Eleventh Naval District has offered to start the disposit- ion for school purposes; there must be something in these var- ious acts so that we can start disposition if we wish to do so. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Harbor Fund Drainage $16,663.45 7,247.01 265.4 6,420.55 80.63 TOTAL $30,676.78 Moved by Hollingsworth, seconded by Hart, that the bills be ap- proved and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. APPLICATION OF WALLIE J. GRAY to move a house to the rear of lot at 315 Norton Avenue, was presented. The present occupancy is single family dwelling, and it is proposed to be used for a storage shed. REPORT FROM THE BUILDING DEPARTMENT recommended the granting of this request, subject to certain conditions. Moved by Hart, seconded by Hollingsworth, that permission to move the building be granted in accordance with the recommend- ations of the Building Department. Carried, all the Council present voting aye. CITY CLERK ALSTON stated the City Council received a Christmas card from the Carlsbad City Council. CITY CLERK ALSTON reported she received a resolution from the Board of Supervisors ratifying the certification of the Regis- trar of Voters on the results of the election of November 6th. COMMUNICATION FROM A. S. GRAFF was read, regarding the March of Dimes Parade to be held on January 27, 1957. They would be happy to have members of the Council participate in the parade by riding in an official car. COUNCILWOMAN HOLLINGSWORTH stated there will be a request to the City Manager for a band stand to be placed at llth and National Avenue, and Mr. Paterson has asked that the parade be advertised more widely. Mrs. Hollings- worth said she told Mr. Paterson that the Council would be glad to cooperate with their wishes to help make the parade a success, if the request is not too unreasonable. CITY ENGINEER LILL reported that work has started on the Cleve- land Avenue improvement. COMMUNICATION FROM DIVISIJN DP HIGHWAYS was read,stating the Right of May Contract signed by Mayor Hodge covering the right of way transaction with the State of California,has now been ap- proved and an executed copy is returned for the City's files. COMMUNICATION FROM GENERAL, SERVICES ADMINISTRATION relative to the City's contract on the post office site was read, stating that jurisdiction of this property has been transferred to the Post Office Department, and subsequent rental payments are to be made to the Postmaster of the U. S. Post Office, national City. CITY MANAGER BIRD reported in regard to the Traffic Safety Com- mittee as requested by the Council. Resolution No. 5797 creat- ed a Traffic Safety Committee. The Committee shall serve in an advisory capacity in all matters pertaining to traffic in the 12/18/56 166 City of National City and shall report its findings to the City Council. Said Committee shall consist of seven members, and who shall be appointed by the Council. The term of each Committee member shall be one year unless sooner terminated by the member or by removal by said Counci; that each Committee member shall serve until his successor is appointed. The resolution was adopted October 21, 1952. The Committee at the present time consists of the following: Jerry Harris, Sandy Daigle, Al Tarr, James Jenkins, William Haaf, Thomas Cosby, Howard Heath. COUNCILWOMAN HOLLINGSWORTH stated the resolution has nothing about attendance. We should have a thorough ex- amination of the rules and regulations under which all Committees and Commissions are operating, and there should be definitely something to require attendance. COUNCILMAN HECK said he thought the resolution should be revised to include an attendance clause. COUNCILMAN FESSMAN suggested that the Mayor contact the chair - main of the Traffic Safety Committee in regard to the offenders as far as attendance is concerned, and the Chairman could ask for a resignation. Moved by Hollingsworth, seconded by Fessman, that the City Manager contact Chairman Jenkins of the Traffic Safety Committee and have him contact those who are unable to be present at all the meetings and if they cannot, request their resignation, in order that it can be filled by a person who will attend. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he made a survey in the area of Fifth Street west of Palm Avenue, and there is no street light on Fifth Street, and recommended the installation. Moved by Fessman, seconded by Hollingsworth, that the light be installed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he will contact the District Engineer of the State Division of Highways in regard to 13th Street and Harbor Drive, and will have a report at a future date. COIVMIUNICATION FROM LOVELL CABINET SHOP was read requesting a portion of land in the industrial area. Mr. Lovell states he prefers to buy, but if that is impossible would consider a lease. CITY MANAGER BIRD recommended this be referred to the Harbor and Finance Committee. Moved by Heck, seconded by Fessman, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM MOHR, ADAMS & PLOURDE was read stating that as a result of several discussions with the joint Planning Committee in the study of the master plan for industrial develop- ment, it has been strongly recommended that the cities of Nat- ional City and Chula Vista take immediate steps to initiate bills in the next session of the State Legislature for permis- sive legislation to exchange certain tideland, properties for fee owned lands. This peculiar situation exists in several specific cases along the mean high tide line wherein the proposed major streets continually cross the established mean high tide line and involves basically only Santa Fe and San Diego Gas & Electric Company land. It is urged that the City contact their Legislators within the next two weeks to initiate bills to be acted upon in this Legislative Session. CITY MANAGER BIRD recom- mended this be referred to the City Attorney. After discussing this with our Representative, Mr. Hegland, there is a possibility of two bills which should be in a skeleton form. Mr. Hegland said they should be put in, one in particular regarding the Joint Powers Act situation relative to the water; if and when Attorney Curran and Attorney Engstrand are ready, and in this particular matter there should be a skeleton bill, for our Representative 12/18/56 167 to present the matte coming 1957 Session. both matters be refe pare a skeleton bill ried, all the Counci r and get it before the Legislaturein the. Moved by Heck, seconded by Fessman, that rred to the City Attorney so he can pre - to be forwarded to our Legislators. Car- t present voting aye. COMMUNICATION FROM BERNARD FREETLY was read, stating that on December 7th he was issued a building permit to construct a commercial store building at 36-38 East 16th Street. He is requesting a 30 foot driveway. CITY MANAGER BIRD stated he discussed this matter with Mr. Freetly and a 28 foot driveway is all that he could recommend to the Council. In essence, what Mr. Freetly is asking for is 8 foot overwidth driveway over the allowable 20 feet on his lot, and is complying with all the other provisions of the code, and recommended that the request for the 28 foot driveway be granted. Moved by Fessman, second- ed by Hart, that the request be granted. Carried, all the Coun cil present voting aye. COUNCILWOMAN HOLLINGSWORTH excused. COMMUNICATION FROM SCHWABACHER & COMPANY was read in regard to municipal financing advisory service for the joint purchase of the Water Company. CITY MANAGER BIRD recommended this be re- ferred to the City Attorney. Moved by Hart, seconded by Fess- man, that the City Manager's recommendation be approved. Car- ried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH present. COMMUNICATION FROM ALFRED ANDERSON was read making an offer to purchase the S. 29 feet of Lot 3, Block 1 of Paradena Park for the sum of $300.00. It is his understanding that the City in- tends to widen the street ten feet and to grade for a ten foot sidewalk, also to install curbs and gutters, costs to be paid by the City; also there would be no charge for these improve- ments levied against the property referred to in this offer to purchase. It is with this understanding that he is making the offer. CITY MANAGER BIRD recommended it be referred to the Finance Committee. Moved by Heck, seconded by Fessman, the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM ERLIN3 O. HILLMAN was read regarding San Diego Seat Advertising Company. With reference to their con- tract regarding the placing of benches at bus stops, they re- quest the Council's consideration of the following: Assignment of the contract to the California Bench Comoany, 3231 Kettner Blvd., San Diego. With further reference to this, please be advised that it is brought about not by the outright sale of San Diego Seat Advertising Company, but by a merger of the two Companies. CITY MANAGER BIRD stated the San Diego Seat Advert- ising account is paid up through November, and in May, 1956, we granted a change from B. J. Primmer Comoany to San Diego Seat Advertising Company, and now it is under the name of California Bench Comoany, by reason of the merger, and sctforth in the con- tract they are asking consent to the consignment. Moved by Heck, seconded by Fessman, that consent be granted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated that due to an oversight as of May 31, 1956, we wrote a communication to the Sweetwater Union High School District relative to a joint participation in the rec- reational program, and in checking our records with Recreational 12/18/56 16A Director Gautereaux, we found that we are working without a contract with the High School Board. COMMUNICLTION FROM DIST- RICT SUPT. RINDONE was read acknowledging receipt of the bud- get report for the National City Recreation Dept. and wished to inform the Council that the meeting of the Governing Board of the Sweetwater Union High School District held on June 28, 1956, consideration was given to the matter of renewing the annual agreement with the City of National City to provide the operation of the community recreational facilities. It was agreed to renew the annual agreement in the same form as the agreement covering the 1955-56 fiscal year. The contribution of the two parties for the 1956-57 fiscal year to be as follows: Sweetwater Union High School District 47,000.00, City of National City $14,000.00. RESOLUTION NO. 6820 was read, approving the agreement to con- 4uct recreation centers between the Sweetwater Union High School District and the City of National City, for the fiscal year 1956-1957, and the Mayor is authorized and directed to execute same for and in behalf of the City. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated sometime ago we requested the Engin- eering Department to obtain estimates for the removal of trees on 24th Street. Attorney Curran has prepared a contract to re- move these trees on the south side of 24th Street from National Avenue to "D" ''A.tenua. It is the recommendation of the Engin- eering Department and the City Manager that the contract be- tween Henderson Tree Service be approved. Moved by Heck, sec- onded by Fessman, that the contract be accepted and the Attorney prepare the necessary resolution. Carried, by the following ♦ote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 6821 was read, accepting and approving the con- tract between Henderson Tree Service and the City of National City, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Fessman, second- ed by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD asked if the Finance Committee wished to make a report on the request of Tarter, Webster and Johnson on the extension of their lease. COUNCILWOMAN HOLLINGSWcR TH, Chairman of the Finance Committee stated she definitely objected to put- ting the third five year period for not more than three and one- half cents per square foot as it is too low. Moved by Fessman, seconded by Hart, that this contract be resubmitted to the Finance Committee for further consideration. Carried, all the Council present voting aye. CITY CLERK ALSTON stated at the last meeting we had the report of the Planning Commission re- garding the requested closing of 22nd Street between "J" and "K" Avenues, and 23rd Street between "1" and "J" Avenues, which was laid over for further study, and asked if the Council wished it brought up at this time. COUNCILWOMAN HOLLINGSWORTH stated Mr. Heck and herself looked over the property, and she is in agreement with Mr. Heck, that the streets should not be closed; also, the City Engineer and staff say it would not be too much trouble to change the plans. Moved by, Heck, seconded by Fess- man that the action for the closing be tabled and the Engineer prepare plans for the curb returns. Carried, all the Council present voting aye. 12/18/56 169 REPORT FR OV1 THE PLANNING COMMISSION was read regarding the Application for Conditional Exception No. 571 signed by Paul V. Kaesser relative to the property at 2344 Cleveland Avenue. Permission is requested to use the property and improvements thereon as a slaughter house and packing plant. This matter was discussed with City Manager Bird with the decision that since the structure was originally constructed for a slaughter house and has been used as such until recent years, the variance would not be changing the R}} e of the building and therefore would not be required to/aL`omoanied by a petition. It was the recommendation of the Commission that the usage be granted as a slaughter house and a meat packing plant. PAUL V. KAESSER, owner of the property in question, was present. COUNCILMAN HECK said he feels that if permission is granted for the reopening of this building, there should be a dedication of the closed portion of the 40 feet on 24th Street. COUNCILMAN FESSMAN said he could never vote to assure Mr. Kaesser that 24th Street will not be opened, as there is a great possibility that it will be. MR. KAESSER said at this time he would like a variance to op- erate. Moved by Hart, that the variance be granted for a slaughter house, but no promise made that we will not open 24th Street. Motion died for lack of a second. Moved by Heck, that the Planning Commission's recommendation be granted provided the owner makes a dedication of the Northwest corner of West 24th Street. MR. KAESSER stated that without the street he cannot operate. Motion died for lack of a second. Moved by Hollingsworth, seconded by Heck, that no action be taken today, and that it be referred to the Finance Committee. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH an- nounced that the Finance Committee would meet directly after the Council meeting. CITY CLERK ALSTON announced that she mailed notices of the 1911 Act hearing on 26th Street, COUNCILMAN FESSMAN wished the Council members a Merry Christmas. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:10 P.M. (1-6" MAYOR, CITY OF NATIONAL CITY, ATTEST: CITY CLERK 9 L I FOR NI A