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HomeMy WebLinkAbout1956 02-28 CC MIN2214. National City, California, February 28, 1956 Regular Meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. o'clock. Council members present: Fessman, Heck, Jensen, Hollingsworth. Council members absent: Hodge. 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. Warriner. CITY PLANNER WAGNER stated he wished to offer a correction of the report of the Planning Commission; on page 219 of the minutes, inadvertently the Planning Commission's letter referred to Block 16 and it should be Block 216. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of February 21st be approved, as amended. Carried, all the Council present voting aye. RESOLUTION NO. 6571 was read, stating that the plan submitted by Byrl D. Phelps, Engineer of Work, showing the exterior boundary line of district to be assessed to pay costs of im- provement of 18th Street between Palm and Rachael, and the same is approved and adopted as the official plat showing the ex- terior boundary of the assessment district. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6572 was read, authorizing and directing Byrl D. Phelps, Engineer of Work to prepare plans and specifications for the improvement of l8th Street between Palm and Rachael. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6573 was read, approving the proposed sale of Lot 15 in Block 234; sale to be by public auction and shall be conducted on the 12th day of April, 1956, at 10:00 o'clock A.M. in the office of the City Treasurer; the minimum purchase price shall be $550.00; said sale to be cash. The City Clerk shall submit a certified copy of this Resolution to the City Tax Collector. Moved by Heck, seconded by Fessman, that the Resolut- ion be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6574 was read, accepting the work provided to be done by R. E. Hazard Contracting Company pursuant to the con- tract for the paving and resurfacing of "D" Avenue from loth Street to 24th Street, and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. COUNCILMAN HECK stated he noticed that the Gas & Electric Company have the street torn up at 16th & "D" Avenue, and asked the City Manager what they were doing. CITY MANAGER BIRD stated before construction was commenced the utility companies were all given a set of proposed plans and notification of the work, and he will inquire into this and find out what is being done. COUNCILMAN FESSMAN stated he would like to know about Highland Avenue where the Water Company's contractor is excavating. It does not appear they are putting it back in the same manner it came out. CITY MANAGER BIRD 2/28 225 stated it is merely a temporary covering placed in there by the contractor; Engineering and Management is acquainted with their intention and our inspector is on the job, Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6575 was read, accepting certain property con- veyed by grant deed dated January 13, 1956 executed by WILLIAM A. NOSAL and CHARMAINE J. NOSAL, and the City Clerk is authorized and directed to record said grant deed. Moved by Fessman, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6576 was read, vacating a portion of 15th Street between "C" Avenue and "E" Avenue and also that certain alley between "D" and "E" Avenue and lkth Street and 15th Street, and the City Clerk is authorized to record same. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None, Absent: Hodge. ATTORNEY CURRAN stated the next three resolutions pertain to the Cleveland Avenue 1911 Improvement Project. Moved by Fessman, seconded by Heck, that we waive the reading of the Resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6577 was read, "RESOLUTION APPOINTING ENGINEER (CLEVELAND AVENUE)". Moved by Fessman, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6578 was read, "RESOLUTION APPOINTING PERSON TO PREPARE ALL PROCEEDINGS (CLEVELAND AVENUE)", Moved by Fessman, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6579 was read, "RESOLUTION ORDERING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (CLEVELAND AVENUE)". Moved by Fessman, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. CITY ATTORNEY CURRAN reported that the Certificate of Insurance issued by the Zenith National insurance Company certifies that Jack A. Hillier has workmen's compensation; Certificate of Insurance issued by American Surety Company of New York certifies that Pace Construction Company have public liability insurance in the limits of $100,000.00 for each person and $300,000.00 tor each accident; and Swett & Crawford have issued their Certificate showing that Dan E. Pace et al have property damage in the sum of $25,000.00 for each accident; and Guarantee Insur-. ance Company has issued a Certificate certifying that John J. Ross has workmen's compensation in the statutory limits provided. It is recommended that these Certificates be approved and filed. Moved by Heck, seconded by Fessman, that the Attorney's recom- mendation be allowed. Carried, all the Council present voting aye. ATTORNEY DJRRAN stated at the last meeting there was considerable 2/28 226 discussion concerning sales tax, and the ordinance was introduced at that time. It was not presented for further reading and adoption at this meeting because of the fact that the County Board of Supervisors at the same time we were meeting, that is last Tuesday, determined that they would not make any attempt to place a bounty sales tax into effect on April 1st, but would wait until the next possible date at least, which is July 1st. In view of that action, as explained at the last meeting, until the County acts there is nothing for the City to do, therefore the ordinance is not necessary. However, because of the dis- cussion that ensued, the City Attorney would like one point cleared up, and that is the question of whether or not it is mandatory on the City to act in the event the County acts. Technically and strictly as a matter of law there is no require- ment which in so many words says that if the County passes a sales tax then the City must also. However, the law does pro- vide that if the County does pass the sales tax, in order for a taxpayer to receive credit for the County tax, if he pays a tax in an incorporated City, it is necessary for the City to have adopted an ordinance contracting with the State Board of Equalization for administration of the City sales tax. There- fore, the result is that should a Lity determine it would not pass an ordinance authorizing a contract with the State Board of Equalization for administration and determine to continue to administer its own sales tax there would be in effect double taxation; there would be the County tax as well as the City tax; and because of that provision in the law it has been gen- erally understood that in effect, indirectly, that as a practical matter it would be mandatory for a City to pass such an ordin- ance once the County acted. CITY ATTORNEY CURRAN reported on the communication from the Mayor of Long Beach which was received some time ago, involving hear- ings to be conducted by the Assembly Interim Committee on the Judiciary. Since that time there has been a lot of material which has come to the City Attorney's attention. The question raised by the Council at the time the communication was re- ceived was whether or not National City did have an interest and whether we would in any way be effected by what was going on, and whether Long Beach alone was involved. Among others, the Council members have received communications from the California Tidelands Protective Association, statements to the Interim Committee made by Mayor Norris Poulson of Los Angeles, statement of Richard Carpenter, Executive Director of the League of California Cities and others. Mr. Curran stated he received a transcript of the statement of the City Attorney of Long Beach which brings out some things that did not appear in any of the other publications. One of the chief things which it brings out is that when the State of California was seeking to have Congress secure the tidelands from the United States of Amerida the City of Long Beach rendered very valuable assist- ance which was commented upon by members of the United States Senate. The Attorney General has also intervened in this pict- ure. There are many charges and counter -charges and it is a very involved subject. However to the extent that National City is involved, Attorney Curran stated he received recently the American Bar Association's proceedings for the year 1955 and read the section pertaining to the Mineral Law proceedings. This will continue to be a subject of vital interest to National City and from time to time matters will come up before the Coun- cil, and it is something that the City Attorney will continue to follow. HEARING on closing portion of alley in Block 20 was held 4t this time. There were no written protests and no one pre ent /28 227 objecting to the closing. Moved by Heck, seconded by Fessman, that this matter be referred to the Attorney for the necessary closing preparation. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: Jensen. Absent: Hodge. VICE MAYOR HOLLINGSWORTH asked the City Planner if the utilities were notified of this closing. CITY PLANNER WAGNER stated he believed they were. CITY ATTORNEY CURRAN stated with reference to the letter of transmittal from the San Diego County Water Authority giving us copies of Resolutions No. 376 and 377; Resolution No. 376 has been previously reported upon and discussed by the Council, and No. 377 urges the legislature and the governing officials of the State of California to make immediate provision that the moneys rightly due to the State from the development and deplet- ion of its tideland oil pools be sequestered and applied to the early construction of the several units of the State Water Plan to the end that not only the loss of lives and destruction of property from floods, as recently experienced in this State, be permanently ended, but that the waters now so tragically wasted be made available for beneficial use, etc. As much as National City is interested in water, and inasmuch as there is a real question as to what moneys are rightfully due the State from tidelands revenue, it is the recommendation of the City Attorney that this matter simply be reported on; it does not require any action, and the communication from the San Diego County Water Authority can be filed. VICE MAYOR HOLLINGSWORTH ordered the communication filed. CITY MANAGER BIRD stated sometime ago at the Council's instance, through our representative of the Harbor Committee meeting with the Joint Committee of the Harbor for its development, the Supervisors entered into a contract for expert advice, and pre- sented to the Council, Dr. Mott, who is present, to meet the Council and explain in small detail the scope of his activity. DR. MOTT was present and stated their mission is to determine feasibility of the development and utilization of the Bay of San Diego. We have been in conference with the City Manager and the Chamber of Commerce and they have arranged to take us on a conducted tour of the area. We want to give you every chance, and we want to take every chance we possibly can to come to know what is here, what your best thinking is and to take advantage of all the opportunities that are presented to us. We do not expect in this first survey to delineate all of the engineering and all of the economic factors involved, but we do expect to be able to present a directional kind of feasibility survey and we will do everything we can to take advantage of your thinking and the thinking of all the other communities, and we shall keep everyone's equity in mind, realizing that all of you are and probably will continue to be interested in not only San Diego's Bay development but the individual develop- ment of your own community. We are aware of your water and sewer problems and will review them. VICE MAYOR HOLLINGSWORTH asked Dr. Mott what arrangements had been made to take him on a tour of National City. DR. MOTT stated Mr. Bird and Mr. Brink- man have made some preliminary arrangements for tomorrow after- noon, and it would be very desirable if some member of the Council or some representative could also go on the tour. VICE MAYOR HOLLINGSWORTH suggested that the Chairman of our Harbor Committee, Councilman Fessman and the City Planner make the tour. REPORT OF CITY TREASURER for January, 1956 was presented and ordered filed. 2/28 228 COMMUNICATION FROM COUNTY BOARD OF SUPERVISORS was read stating notice is hereby given that there has been filed with the Board of Supervisors a Notice of Intention to circulate a petition for the incorporation of a new city in the County of San Diego, to be known as Lemon drove. VICE MAYOR HOLLINGSWORTH ordered the communication filed. CITY CLERK ALSTON presented the list of polling +laces and elect- ion officers for the election April loth for acceptance by the Council. There are 41 precincts and 4 election officers for each precinct. Moved by Heck, seconded by Fessman, that approval of the appointment of the election officers be ratified. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM CITY EN3INEER LILL was read regarding petitions for 1911 Act improvement of Belmont Avenue, Norfolk Street, Clairmont Avenue, Harbison Avenue, Kenton Avenue and Drexel Avenue between Euclid Avenue and Harbison Avenue and between Division Street and Cervantes Street. The petitions for the 1911 Act Improvement of the above mentioned streets were signed by 66.27% of the prop- erty owners. Harbison Avenue is entirely within the City of National City. However the property on the east side of Harbison Avenue from Division northerly to Cervantes Street is in the City of San Diego. The owners of 67.92% of the property in San Diego that fronts on this portion of Harbison Avenue have signed the petition. These signatures were not included in the preceeding summary. Improvements desired are grading, paving and gutters. It is recommended that this office be authorized to proceed with the project, and the property in San Diego that fronts on Harb- ison Avenue be included within the District. It is also recom- mended that the City absorb engineering, sewer and drainage costs of this project. The report was approved by City Manager Bird. Moved by Heck, seconded by Fessman, that the report be approved and that the Engineer prepare the necessary steps in the 1911 Project. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. CITY i&L&NFGER BIRD reported that he had a petition for 1911 Im- provement, however the petition carried not only the improvement but also the closing from an 80 foot street to a 60 foot street. They petitioned the Council to initiate proceedings for the follow- ing improvement, by special assessment proceedings, to -wit: Clos- ing from 80 foot width to 60 foot width "C" Avenue from 15th Street to 16th Street; improvements: Paving, type :i curbs and sidewalks. CITY MANAGER BIRD stated there is 100 feet of "C" Avenue which is owned by the City, located on the Southeast Cor- ner of the intersection of 15th and "C" Avenue. It is recommend- ed that the closing of the street be referred to the Planning Commission, and the improvement be referred to the City Engineer for checking of the sufficiency of the petition. Moved by Fess- man, seconded by Jensen, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM ACE ANTENNA SERVICE was read, stating that due to an error of the interpretation on the part of their bookkeep- er they find they have overpaid their sales and use tax for the first three quarterly periods of 1955, and are enclosing amended returns for those periods and request a refund to cover the over- payments. COMMUNICATION FROM CITY TREASURER HOLGATE was read which recommended the refund of $65.61. COUNCILMAN FESSMAN asked whether or not the figures submitted were submitted by a 'Certified Public Accountant or just the firm's own bookkeeper. CITY MANAGER BIRD stated they were submitted by a Public Accountant. CITY `TREASURER 'HOLGATE statedrshe,did. not know whether the Accountant was a Certified Public 229 Accountant or simply a Public Accountant and that she would check this. VICE MAYOR HOLLINGSWORTH asked that this be held in abeyance until Miss Holgate gets the information. COMllMUNICATION FROM BYRL D. PHFLPS was read, stating attached is a copy of the final improvement plans and specifications for 18th Street from Palm Avenut to Rachael Avenue, approved by Mr. Dunham, Cooperative Engineer of the State Division of Highways. We are also deliverying as of this date approved prints to the City Clerk and the City Engineer. CITY MANAGER BIRD stated the plans have been r eferred to the Engineering Department for checking as to their completeness. We will have a report at a later meeting regarding Mr. Phelp's bill for $6,266.70, which is an estimated five percent of the estimated cost of the project, as per the contract. Mr. Bird said he has asked the Engineering Department to check these plans and also check as to the State of California's approval. It is requested that we ask the City Attorney for a report as to the Contract on 18th Street in relation to the five percent of the estimated cost. COUNCILMAN HECK stated he would like to have the matter referred to the Attorney, and also until we get our own Engineering report back he would like to defer payment. Moved by Heck, seconded by Fessman, that the matter be referred to the City Attorney. Carried, all the Council present vot- ing aye. CITY MANAGER BIRD stated he would like to recommend the appoint- ment of an additional member of personnel to the Police Depart- ment. They are deficient in number and have a sufficient amount of money. The vacancy occurred by the resignation of Officer Donovan, and would like approval to increase the number of personnel by one for the balance of this year. Moved by Heck, seconded by Fessman, that t1)e City Manager's recommend- ation be allowed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. CITY MANAGER BIRD asked permission at this time to grant to the Building Department a general office clerk, to start at Rate 11, Step "C", effective March 1st. Moved by Fessman, seconded by Heck, that the City Manager's request be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. CITY MANAGER BIRD requested permission to defer the reports until the next meeting relative to Gamma and Beta Streets which were referred to the City Manager and City Engineer as the Engineer's figures are not available. COUNCILMAN HECK stated he felt that Gamma and Beta Street, which is in National Vista No. 2 should not get any more consideration than National Vista No. 1, therefore the project should go under 1911 Act proceed- ings and not waste the staff's and management's time of pursuing the matter. COUNCILMAN FESSMAN and COUNCILWOMAN JENSEN stated they were in accord with Councilman Heck's thinking. Moved by Heck, seconded by Fessman, that the City Manager write a letter advising the property owners of the Council action, that we cannot go along with the idea of placing the street back in the condition that it was when accepted by the City. It is sug- gested that a 1911 Improvement Act be utilized. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has instituted a call on City em- p1 yees for instruction in a standard First Aid Class under the direct -ion of one of our own capable instructors. The class will 2/28 230 be held twice weekly at the City Fire Station under the guid- ance of Sgt. i°ounteer of the Police Department. It is honed to have 110 or 50 of our employees take the course. REPORT OF HOUSING DIRECTOR GAUTEREAUX was read, showing our net revenue for January was $22,356.32. COUNCILWAN=11 J 'NSFN asked if we had any funds towards the new swimming pool. CITY IANAdER BIRD stated in the Capital Outlay Fund there is $120,000.00 set up which was the anticipated revenue of one half of the revenues for the period 1955-56, of which : 60,000.00 was placed in ad- vance and taken from the deneral Fund. There is a deficiency of $60,000.00 to go into the swimming 000l fund in the Capital Outlay and we cannot put it there until we get it; we have four more months of operation, at which time there will be a total of 1120,000.00 in the Capital Outlay Fund, and it cannot be used any place else. COUNCILMAN HECK asked if there has been further progress made toward the swimming pool. CITY MANAGER BIRD stat- ed we have an estimated figure of $256,000.00 for two pools. We are "dickering" with architects and engineers and have hope that within thirty days we can possibly deduct two percent from the usual eight or ten percent fees. REPORT FROM THE ,?LANNiNG COMMISSION was read, which contained Commission's recommendation for adoption of revised Zoning Reg- ulations and Zone Plan. Moved by neck, seconded by Fessman, that the Planning Commission's recommendation of referring this matter to the Attorney for preparation of the proper legal phraseology be approved. COUNCILWOMAN JENSEN asked if all of the area west of National Avenue is being rezoned M-1. CITY PLANNER WAJNER stated with the exception of the C Zone, which is on 13th Street and on National Avenue. SIGBERT O. JRANJER, Chairman of the Planning Commission, was present and stated at the meeting when this ordinance was passed by the Planning Com- mission an explanation was given those people in the R-3 Zone of the tags problem. It embodies approximately two City square blocks, and if it is an increase in taxes it will be very small. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hollingsworth. Nays: None. Absent: Hodge. CITY TREASURER HOLJATE stated in regard to the request for re- fund of Ace Antenna Service she tried to contact the Public Accountant and was unable to reach him, also called the Ace Antenna Service but could not ascertain whether or not the Ac- countant is a Certified Public Accountant or a Public Account- ant, but will try and obtain this information later. COUNCILMAN FESSMAN stated a Certified Public Accountant is responsible for the statements that he makes, if he makes a statement that these people have overpaid their tax, then we can reasonably be sure it is correct, and would recommend this matter be held over un- til these facts can be ascertained. COUNCILiVt HECK asked whether it has been ascertained whether the State Board of Equalization has made a refund. CITY TREASURER HOLdATE stated she talked to the Secretary of the Ace Antenna Service and she said the not- ification has been sent to the State Board, but Miss Holgate said she will get the clearing from the State Board and will check in regard to the Accountant. COUNCILMAN HECK said if the State Board of Equalization will make the refund it is a legal refund. CITY PLANNER WAINER reported that the Planning Commission last evening started lengthy hearings and discussions on the proposed new subdivision ordinance. The meeting was adjourned until next Monday evening, and they will also discuss the tidelands map. CITY PLANNER WAiNER reported that Mr. Poulter of the California 2/28 ATTEST:,, 231 Water b i'elephone Company contacted him today with respect to the closing of the Alley in Block 216 and stated that he believes if the alley is closed that one half would go to the State of California dnd the other half to the adjacent property owner, leaving possibly only a ten foot strip in there to the advant- age of the property owner, and he cautioned there was a 12 inch water main in the area that they would like to have an easement reserved for ingress and egress to the main. COMMUNICATION FROM A. F. POULTER, DIVISION MANA•ER, CALIFORNIA WATER & TELEPHONE COMPANY, was read which objected t• the closing of the alley in Block 216. If satisfactory arrangements are concluded with the owner adjacent to the alley for access and sufficient area to operate in, this objection will be withdrawn. Moved by Fessman, seconded by Jensen, that the City Attorney be instruct- ed to hold the matter in abeyance until such time as Mr. Del- gado meets Mr. Poulter's objection. VICE MAYOR HOLLIN3SWORTH stated she thought this should be referred back to the Planning Commission; and when anyone comes in re;uesting a closing of any street or alley in National City the utilities should be contact- ed. Apparently Mr, Poulter was not aware of this closing until he read it in the National City Star -News so this protest came in after the action had been taken by the Planning Commission and the Council. Mrs. Hollingsworth said it is very important that this one point be taken into consideration by the Planning Commission before they make their recommendation to the Council. COUNCILMAN FESSMAN with the approval of Councilwoman Jensen amended the motion to include that it be referred back to the Planning Commission after such time as Mr. Delgado has present- ed the sDlution to Mr. Poulter's objection. Carried, all the Council present voting aye. COUNCILMAN HECK stated as a member of the Finance Committee he would like to ask the City Attorney for an interpretation regarding the question of Councilwoman Jensen serving on the election board. Mr. Heck stated he has learned from the elect- ion code that a member attached to a Municipality or State or Federal Agency is not supposed to serve on an election board, and asked whether payment of a Council pay would constitute an illegal move by the City where a Council meml'er served on both an election board and on the City Council. There is a payroll period the first of the Month and at that time we will be called upon to vote on the necessary payment of warrants. CITY ATTORNEY CURPAN stated since this was previously discussed he has done a certain amount of research and there are three or four election code sections which possibly would apply to this situation, and there is one section which indicates it is not possible to re- ceive double compensation, and just what that section would do to our present question he does not know and would not want to answer the question at this time as he would want to do some re- search before doing so. VICE MAYOR HOLLINaSWORTH asked if it would be possible for the Attorney to have the answer by the next meeting. ATTORNEY CURPAN stated it would be very possible. COUNCILWOMAN JENSEN stated it is alright with her to have her pay withheld, but the pay should be prorated for one Council meeting as it was just the one meeting that she was absent. CITY MANAiER BIRD annaunced that the Chestmobile of the County has been located at the sight of the Penney Store for five days beginning March 12th, and it is hoped that many persons will take advantage of it. Moved by Fessman, seconded by Jensen, that the meeting be closed-i Carried, all the Council pres nt voting aye. Meeting closed at 3:12 P.M. I rt Jo ¥ )J.,L.',J,;, tir .ins, VICE MAYOR, CITY OF NATINAL CITY, CALIFORNIA CITY CLERK 2/28