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HomeMy WebLinkAbout1956 03-13 CC MINLV National City, California, March 1O, 1956 -tejular meeting of the City Council was called to order by Mayor Bodge at 1.30 P.M. o'clock. Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill, Holgate, Wagner, 3autereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Faye Brice. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meeting of March 6, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6585 was read, approving the issuance of a permit to Western Service and Equipment Company to construct and maintain driveways on the southwest corner of Eighth Street and Harbison Avenue. Moved by Jensen, seconded by Hollingsworth, that the :resolution be adopted. Carried, all the Council present voting aye. eESJLUTION NO. 6586 was read, approving the issuance of a permit to Fritz A. Nachant, inc. to construct and maintain driveways on the southeast corner of Eighth Street and Harbison Avenue. moved by Hollingsworth, seconded by Jensen, that the Resolution be ad- eoted. Carried, all the Council present voting aye. RESOLUTION NO. 6587 was read, "RESOLUTION A DOPTINI PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMIE1NT DI STRICT (CLEVELAND AVENUE)". Moved by Fessman, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLOTION NO. 6588 was read, "RESOL'.TION ORDERING PLANS AND SPECIFICATIONS (CLEVELAND AVENUE)". Moved by Heck, seconded by Fessman, that the Resolution be adooted. Carried, all the Council present voting aye. ORDINANCE NO. ,"AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING THE REGULATIONS FOR THE SUBDIVISION OF LAND AND REPEALIi'G ORDINANCE NO. 855", was presented for the first reading, and read in full. COUNCILWOMAN HOLLINGSWORTH reported that James Jenkins, Chairman of the Traffic Safety Committee, is again in the hospital. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending stronger street lights at 3rd and Highland Avenue, and also that the east curb be red zoned. COUNCILWOMAN HOLLINGSWORTH asked the strength of the light at that intersection. CITY MANGER BIRD stated there is a 6,000 lumen light now in operation. The stronger light would be the installation of a 20,000 lumen mercury vapor light, which will materially increase the cost of its operatics, and the City, in his opinion, is not at the present time financiall: able to carry the increase of lighting costs. We have Plans to light Highland Avenue the same as National Avenue when the Higr.- land Avenue matter is resolved. It is against policy to spot thest higher 20,000 mercury vapor lamos and their additional cost is quite a factor. COUNCILMAN HECK stated he thought this recommend- ation should be tabled until we know more definitely the plan for Highland Avenue. Moved by Hollingsworth, seconded by Heck, that the Traffic Safety Committee's report in regard to the curb be referred to the City Manager. Carried, all the Council present voting aye. 3/1"s 242 REPORT FROM THE TRAFFIC SAFETY COMMITTEE recommended lights at 20th and Valle Vista Avenue; also in the National Vista Homes No. 3 Tract. These lights are to be recommended as directed by the City Engineer, CITY MANAGER BIRD stated in regard to National Vista No. 3 that he will of necessity make a survey before he would recommend the installation, and report back as to the cost. Valle Vista, or xichards Subdivision, is isolated. The cost is dependent entirely on whether we have lighting circuits available, and how far they have to be run, irrespective of the need of the light. Moved by Heck, seconded by Fessman, that the matter of the street lights be referred to the City Manager for a feasibility report and cost study. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the contractor for 1911 Improve- ment Act on Harbison Avenue, V. R. Dennis Construction Company, has pointed out that technicalities are such that the procedure for approving the assessment cannot be made within the time limited for completion of the project, and has therefore requested an extension of time. Mr. Phelps, Engineer of Fork joins in this request. RESOLUTION NO. 6589 was read, extending the time of V. R. Dennis Construction Company to complete the work and improvement on Harbison Avenue between Fourth Street and Division Street, to June 30, 1956. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present votf ing aye. CITY ATTORNEY CURRAN reported that the sidewalk license bond is- sued for the operation of Salvatore Giardina, dba Sam Giardina; and the sidewalk license bond issued for William H. Ledbetter and Edward H. Ledbetter, dba W. H. Ledbetter & Son, satisfy the requirements of Ordinance No. 243, and it is recommended they be approved and filed. Moved by Heck, seconded by Fessman, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that after Ordinance No. 893 was passed and adopted it was published and there were certain errors in dates and an attempt was made to republish it and again there was a mix up in dates. This matter, although technically it may be overlooked, since it involves the closing of Euclid Avenue and the title to real property, after some consideration the City Attorney is of the opinion that it might be better procedure to pass the ordinance over again and publish a new hearing date for the closing of Euclid Avenue rather than have any possible question arise sometime in the future as to the legality of the closing. Moved by Hollingsworth, seconded by Heck, that the new ordinance be prepared. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Jensen, Hodge. Nays: None. ATTORNEY CURRAN stated at the last meeting the question of secur- ing aerial photographs of the City was submitted, and the Engineer- ing Department wanted to make certain whether or not there would be any possible conflict the bidding statutes in view of the possi- bility that such services were engineering services. This specific question has been considered by the State, the Department of Public Works has had occasion to order aerial maps for similar purposes as required by the City. The Attorney General was asked for an opinion as to whether the work to be performed in furnishing these aerial photographs to the Dept. of Public Works in the State of California came within the purview of either civil engineering or land survey. The Attorney General concluded that such services did not encompass either professional engineering or land survey. 3/13 243 On the b:,sis of 'tip t o.Jinion, it.is the rc:co: ;:iendetion .of the City Attorney that the supplying of aerial photographs to the City of National City be placed on bid basis. Moved by Fessman, second- ed by Hollingsworth, that the City Attorney's recommendation be accepted, and the City Manager be instructed to prepare the nec- essary bids for the aerial map of National City. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated the Engineering Department has raised a question with reference to the 1911 Improvement Act on Cleveland Avenue as to whether any portion of the gas tax money of the City of National City, as a matter of policy, should be used in improv- ing any portion of the railroad spur tracks which presently exist on Cleveland Avenue. This determination is determination which appears should be made by the Council and made forthwith so that the improvement act can co forward. COUNCILMAN FESSMAN stated in regard to gas tax money to improve that part of Cleveland Avenue which is considered railroad right of way, it would be his opinion that gas tax funds should be used for that purpose and the improve- ment will be for the benefit of automobiles. COUNCILMAN HECK stated he felt the railroads should be entitled to consideration as well as the property owners. CITY MANAGER BIRD stated the rail- roads assume their proportion, under the 1911 Act. CITY ENGINEER LILL stated the estimated cost of the improvement is .$64,000.‘)0. At the present we have allocated to the project slightly over $25,000.00 of gas tax funds. Under the 1911 Act proceedings the railroad companies are required to improve at least equal to the 1911 Act project for the space occupied by their tracks and for two feet on each side of the track, which comes to a distance of slightly over nine feet. On that basis the railroad track occupies about 21 percent of the project. If the Council wishes to spread the gas tax money over the whole job then the railroad will get a credit of approximately $5,000.00 for paving the right of way they are using, and the remainder of the cost of paving where their tracks are will fall upon the railroad. Before we go to contract on this job we will have to make arrangements separately with both railroads as to exactly how this is to be handled. Moved by Heck, seconded by Fessman, that the gas tax funds be equitably spread between not only the property owners but also the railroads on the 1911 Improvement Act on Cleveland Avenue. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. ATTORNEY CURRAN stated on February 7th there was a claim of Anne Mosley delivered against the City which was immediately referred to our new insurance carrier as the alleged damage had occured since the first of the year. Attorney Curran said he has been advised that this claim has been settled. Anne Mosley also sub- mitted a claim last August which has been in the hands of our former carrier since that time. Not being settled, suit has been filed on that claim and the Mayor of National City has been served. In accordance with the provisions of the contract with the former carrier that suit has been referred to the carrier. CITY ATTORNEY CURRAN stated with reference to the proposed zoning ordinance the next step is setting of a hearing date on this or- dinance. The City Attorney has examined the ordinance now proposed and there are certain things which have been left for him to draft and certain other things need correction, however the essence of the ordinance which is the establishment of new types of zones and the adoption of a new zone plan is something that is not in the field of the legal department and something which is to be determin- ed on merits after hearing by those interested citizens who wish to appear. There is no reason why the Council cannot at this time fix a hearing date and publish notices of same and proceed. Moved 3/13 244 by Heck, seconded by Hollingsworth, that the hearing on the new zone ordinance be set for 2:00 P.M. April 24th. Carried, all the Council present voting aye. ATTORNEY CURRAN stated in regard to the request of Boston Pharmacy for 2 refund on business license in the sum of .1;17.50, Section 12 of ouz• Business License Ordinance provides there shall be no re- funds made for any unused portion of the term for which a bus- iness license is secured, and in view of that provision it does not appear the request for refund can be made. CITY ATTORNEY CURRAN stated with reference to the legal and moral obligations of the City in the event Harding Avenue should be re- opened, it is his understanding that one time Harding Avenue was dedicated as a street, it subsequently was closed., The property adjacent to the street which secured the title to the center of the street is owned at the present time by the City of National City, so that the City he-s Litle in fee to the property on both sides of what was formerly Harding Avenue in the location under discussion, and also the former portions of the street which was dedicated. It appears clear that the City is in exactly the same position as a private individual or as a corporation, that is that the City is going to have to be responsible for its act, and if it chooses to dedicate a street then you cannot escape the legal consequences of that dedication, even though the intention may be not actually to have a street but simply what was referred to as a 'paper street". Attorney Curran said he cannot see that the City could possibly, if it does proceed with this dedication, escape the consequences and liability which would ensue, liability for defective streets among other things. COUNCILMIAN HECK stated that inasmuch as the City would be liable if they dedicate the street, and it would be a very costly project, he feels that no further action should be taken at this time to dedicate Harding Avenue. Moved by Heck, seconded by Hollingsworth, that the matter, which goes back to the Planning Commission's recommendation, be tabled. Carried, all the Council present voting aye. MRS. MARTHA CLARK, 2133 National Avenue, was present and read a communication from the National City Taxpayers Association, Inc., which stated the Board of Directors by majority vote deemed it right and proper that they protest the action of the City Council in retaining Chief Bailey of the Fire Department and urged that the Council reconsider their action. Moved by Hollingsworth, seconded by Heck, that the communication be filed. PRICE AVERY, )tjl Highland Avenue, was present and asked why the hearing on the proposed new zoning ordinance was set so far in advance and asked if the Council would not reconsider and set the hearing at an earlier date. COUNCILMAN HECK stated it requires a minimum of a month to adver•tsi@ in the paper and the nearest date we could hold a hearing would be April 17th and that is the meet- ing which the Council will have to canvass the election ballots. DR. R. MANNINJ CLARKE, 2138 E. 5th Street, was present in regard to a petition for two street lights, one at the corner of "V" and 5th Street and the other at the corner of 5th and Sanitarium Avenue, PETITION signed by a number of residents requesting the two street lights at the locations mentioned above, was presented. Moved by Heck, seconded by Jensen, that the matter be referred to the Traffic Safety Committee for investigation. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Fessman. COUNCILMAN FESSMAN said he voted "no" as he would prefer this be referred to the City Manager for a cost estimate so that it will get going faster. Moved by Hollingsworth, seconded by Jensen, that the City Manager also conduct a survey as to the areas 3/13 245 requested for lights and present a report. Carried, all thc. Council present voting aye. APPLICATION FOR TRANSFER OF OFF SALE .1ENERAL ALCOHOLIC BEVERAGE LICENSE, 110 National Avenue; name of applicant Edna E. Bowman, Rose L. Bowman and Thurston A. Bowman, was presented. REPORT FROM CHIEF OF POLICE SMITH stated that investigation fails to re- veal any known grounds for a protest of this transfer. Moved by Jensen, seconded by Fessman, that the application be filed. Carried, all the Council present voting aye. APPLICATION FROM 3US R. STRANGE was read requesting refund of $1,000.00 bond for moving house. REPORT FROM THE BUILDINI DEPART- MENT stated the records in this office show that the structure moved into the city has been made to comply with all requirements of this department, and recommended that the bond be released. Moved by Jensen, seconded by Hollingsworth, that the recommendation of the Building Department be followed. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMMUNICATION FROM HAROLD J. KENNETT, President National City co- ordinating Council, was read thanking the Council for use of the Community Building on February 23th. Moved by Heck, seconded by Jensen, that the Communication be filed. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for February was presented and ordered filed. COMMUN1C1-:TION FROM CITY CLERK ALSTON was read requesting that Lois Laramore, Senior Bookkeeping Machine Operator, be granted sick leave without pay. She plans to work a few days a month for which she will be paid by the day. The request was per orders of her physician. Moved by Hollingsworth, seconded by Fessman, that the request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL PLATING 8 PROCESSING COMPANY was read giving notice of renewal of their tidelands lease. COMMUNICATION FROM MYRON INSKO, Executive Director, Goodwill Industries, was read, stating that for many years Goodwill Indust- ries has been collecting discarded clothing and other articles for our program of helping handicapped men dnd women. Recently the man who has been covering National Cit'r occasionally reported that he has been stopped by a law officer and notified that he must have a special license to continue his work. With this in mind I am respectfully requesting your honorable body to give us permission to continue the program that has been carried on through the years. San Diego City gives our district visitors free permits, and has done so ever since Goodwill began operations 25 years ago. MEMORANDUM FROM CITY TREASURER HOLaATE was read, stating the Good- will Industries, 32 W. 8th Street, has a 1956 retail sales used articles gross sales license. No sales tax is collected at any of the stores. The Social Service Bureau in San Diego has issued there a "no fee" business license to operate a thrift shop, sale of used articles. The Better Business Bureau has the doodwill Industries listed as a thrift shop with old discarded clothing and articles for sale. No complaints have ever been made. COUNCILwp,N HECK stated this is a very worthy project and feels it is very beneficial to the handicapped people and they should be granted a free business license. Moved by Heck, seconded by Fessman, that the request as made by Myron Insko be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY TREASURER HOL3ATE asked if the motion 3/13 246 had reference to the person who was stopped by an officer, or for the store in National City. COUNCILMAN HECK stated it was for the store in National City. It was his intent in the motion that it included a free business license in its entirety. Moved by Heck, seconded by Hollingsworth, that a refund be granted to the Thrift Store for their business license due to the previous motion pro- vided for a free business license. ATTORNEY CURRAN said he thought there are two problems involved; the first one was merely the matter of someone going from door to door for contributions and o mebody felt that such a person should be licensed as a solicitor under our licensing ordinance, and without checking it he would think the person was not attempting to sell anything, and on that basis it would not be contemplated that he shau1d have to have a license. However, something else has been interjected into it, and that is whether or not the Goodwill Industries needs a business license, which is something entirely different. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. COUNCILiMAN FESSMAN asked whether our ordinance calls for any identification from the people who are picking up the merchandise for the Goodwill Industries, would our ordinance cover these people, and if not how can we make it work for the protect- ion of the citizens of National City. ATTORNEY CURRAN stated we have no procedure by which certain agencies are certified and authorized to solicit for specific purposes. Moved by Fessman, seconded by Hollingsworth, that the City Manager together with the City Attorney work out some means by which these people who are soliciting used merchandise would have to register with the Police Department or some other proper City agency for identificat- ion purposes in order to protect the citizens of National City from any fraud, etc. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding 1911 Act petition on "C" Avenue from 15th to l6th Street, was read, stating the County Assessor's records show that the owners of 72.2% of the frontage adjoining this proposed project have signed the petition. The proposed improvements include paving, type "s" curbs and sidewalks. In addition it is proposed to close a portion of "C" Avenue, 10' on each side, which will change the street dedication from an eighty foot right of way to a sixty foot right of way. It is re- commended that this office be authorized to proceed with the pro- ject. CITY MANAGER BIRD stated if it is the desire of the Council to authorize the Engineer to proceed there should be coupled with it the authorization to the City Attorney to prepare the street closing proceedings. Moved by Fessman, seconded by Heck, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH stated e. the Planning Commission last night went on record as ts4 g that ten foot closing on either side of the street. REPORT FROM CITY ENGINEER LILL was read stating that the attached print of the proposed Vista Hill Annexation to the City of Chula Vista has been reviewed and it is brought to the attention that the north line of this proposed annexation is only 280 feet from the southerly city limits of the City of National City, beginning at a point on Highland Avenue and extending approximately 2200 feet easterly parallel to 30th Street. It is considered that this annexation would have some effect upon the City of National City in that expansion into the Sweetwater Valley would be partially blocked. CITY MANAGER BIRD stated this is in response to the document from notice of the San Diego County Boundary Commission which was referred for checking by the City Clerk to the City Engineer. COUNCILWOMAN HOLLINrSWORTH stated it is all right to pass a motion that we are going to protest this to the Boundary Commission, but on what basis would we do so and what attention would they pay to a protest. CITY MANAGER BIRD stated he did 3/13 247 not know whether the City would have any valid protest or not. COUNCILWD AN JENSEN asked if it would make any difference if we had received in writing the request from the interested parties who made the suggestion the other day asking to annex into Nation- al City, would that give us a valid reason to protest it because we might be thinking of annexing some property ourselves. MAYOR HODGE stated this might be referred to the City Manager for an answer. COUNCILWOiNAN HOLLINGSWORTH stated about two years ago, Mr. :Tautereaux who was then City Manager and she were both requested to meet with the Chula Vista Planning Commission and that time there was an open floor discussion about National City and Chula Vista getting together and dividing up the Sweetwater Valley, and it was their request, not ours. At that time there was one party, Cloyed's Dairy, which has since been sold, who were protesting this matter because it would go right through the middle of their area and they did not want to have part of their property in Chula Vista and part in National City, The matter died and National City has done nothing. There were a number of irate citizens who appeared before the Council who lived in the vicinity of 30th and 31st Street, etc. who said that they did not want to become a part of National City or Chula Vista, so we have let the matter drop because those people were protesting. They were in the area from Highland Avenut to National Avenue. Mrs. Hollingsworth stated that the new annexation laws which were passed r cently, there a law that a City or any of its employees mayje a request or institute proceedings of annexation, and she wondered if it is the City of Chula Vista that applied to the Boundary Commission or individuals who own the property that have applied to the Boundary Commission. Moved by Hollingsworth, seconded by Fessman,that the City Manager call the Boundary Commission and find out whether these people themselves who own individual property applied to annex to Chula Vista or whether this is a movement by Chula Vista itself. Carried, all the Council present voting aye. COUNCILMAN HECK asked if the amendment of the annexation law prohibits a City from initiating annexation of uninhabited territory, they might be going on the basis of uninhabited property. Mr. Heck said this is of very vital concern to National City based on previous oral commitments made by both cities, and he would like to refer this to the City Attorney. Moved by Heck, seconded by Jensen, that it be referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding improvement plans, 18th Street from Palm to Rachael, was read. He stated he reviewed the improvements plans as prepared by Byrl D. Phelps, Engineer of Work and attached a list of comments on the plans and of properties that will be adversely affected by the proposed grade. The..attach- ment is.as follows: 1. ACCESS:....Seiteral. existing properties be considerably above and below the final grade of the street. Access to such properties will be difficul', unless made a part of the project. It is recommended that removal of conflicting existing driveways ani regrading only of such driveways to a 25% maximum grade be made a part of the grading for the project. 2. FENCING & RETAINIK WALLS: in several instances fences and retaining walls will eecessarily be destroyed by the improvement. The majority of these items will be in the slope easements to be acquired. 3. EASEMENTS: Slope and drainage easements are re- quired for this project. The descriptions furnished Ly the Engin- eer of Work are believed in error in certain instances and should be corrected. It is recommended that this office be authorized to obtain such easements after necessary information has been re- ceived from the Engineer of Mork. 4. WATER: The amount of $125J. has been included in the preliminary estimate for the project for relocation of water meters. It is recommended that an agreement be reached with the California Water & Telephone Company as soon 3/13 248 as possible concerning relocation of existing water installations. 5. SCHOOL: An overwidth commercial type driveway should be in- cluded as part of the project at the location of the existing school driveway. 6. CROSS GUTTERS: It is recommended that con- crete cross gutters be included on the plans as part of the pro- ject and that payment for these can be made from the drainage fund. 7. GENERAL: Much difficulty is foreseen for the actual construct- ion of this project unless all of the items listed in the report and in the attachment are considered and decisions reached before time of construction. In particular, it is recommended that the City adopt the policy of aiding adjacent property owners as neces- sary so as to avoid undue hardship due to street grade revision. Any such aid would be in addition to the funds already allocated for the project and would not be a part of the project contract. Such aid should be limited to providing suitableaccess to adja- cent properties, sloping cuts or fills, and replacing fences. Re- taining walls should be installed only when absolutely necessary. COMMENTS on the plans as prepared by Mr. Phelps, Engineer of Work, were read, which set forth the problems Engineering is faced with at the present time in regard to this project. COUNCILMAN HECK stated he will agree that we have a terrific problem in that part- icular area due to the topography of the land and due to the fact that it is going to require a lot of cut and fill to straighten 18th Street. COUNCILMAN FESSMAN said he thought these recommend- ations were very good but if we accent these, will we not be pretty well bound to accept similar conditions in other parts of the City, of which we have very many and wondered from a policy standpoint what stand should be taken in the matter, COUNCILMAN HECK said this project on 18th Street is a 1911 project and it is up to Council determination now whether we want to include this in the project and if we do the cost will be spread among the property owners; it is an expense which is being borne jointly with City partici- pation, gas tax money and the property owners. CITY MANAGER BIRD stated that in practically all of these recommendations before the Council, the estimated cost will run possibly $5,000. to $7,500. total along the entire street from Palm Avenue to the east City limits. The question involved is in the first one that is before the Council, will it be included in the project; there is sound reasoning behind that, that it will be done as one single unit. Moved by Hollingsworth, seconded by Heck, that Item No. 1 be made a part of this project. Carried, all the Council present voting aye. Moved by Heck, seconded by Hollingsworth, that items 2 and 3 be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the agreement with the California Water 8 Telephone Company he would recommend that this be referred to the City Attorney. Moved by Hollingsworth, seconded by Heck, the City Manager's recommendation be followed. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Fessman, that an overwidth commercial type driveway be included as part of the project at the location of the existing school driveway. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Jensen, Hodge. Nays: Heck. Moved by Heck, second- ed by Hollingsworth, that item 6, cross gutters, be made part of the project, and funds be taken from the Drainage Fund. Carried, all the Council press>nt voting aye. CITY MANAGER BIRD presented for the Council's approval reclass- ification of Engineering Department personnel: Judson T. Naiman from 25-B to rate 26-B; Donald A. Newberry from 25-C to 26-C; and Edward L. Fogel from 17-A to 20-A, effective as of March 15•-.h, Moved by Hollingsworth, seconded by Fessman, that the request fo,. reclassification be ga._ted. COUNCILWOMAN JENSEN asked how much of an increase in salary this would amount to. CITY MANAGER BIRD stated Mr. Naiman would be increased from $438.00 to $460.00 per month; Mr. Newberry fa om :460.00 to 4483.00 per month; Mr. Foga?. 3/13 249 from $282.00 to $327.00 per month. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: J nsen. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 541 signed by Lowell R. Terry, in- itiated by the Planning Commission to facilitate street dedication -om subject property relative to the property located on the north side of 22nd Street in the 2000 Block. Variance is request- r,d in square footage requirement from 15,000 to 14,8000 square feet for three lots in an R-I Zone. With the dedication of the north half of 22nd Street, Mr. Terry would be short 200 square feet of property to meet the requirements for three lots. The Planning Commission recommended that the Council grant the variance. Moved by Hollingsworth, seconded by Jensen, that the Planning Commission's recommendation be approved, and a resolution prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY PLANNER WA3NER reported that the South Bay Highway Association will meet Friday noon, March 16th at Christie's in Chula Vista instead of Thursday, March 15th as previously scheduled. CITY PLANNER WA.iNER gave the Council a resume of the Planning Commission's action at the meeting last night. COUNCILWOMAN JENSEN read a letter from the Office of the Legis- lative Counsel. in Sacramento which answered the question: "You ask whether the salary of a City Councilman who received $10.00 a month as a Councilman should be reduced by reason of his ab- sence from a Council meeting while serving as an election official in a school bond election for which he received compensation?" The letter stated that unless there is a City ordinance or reg- ulation requiring that a Councilman's salary be reduced in such a situation, in our opinion the Councilman is entitled to receive the full $10.00 for the month involved. There are no general statutes which would prevent him from holding another public office and for being compensated for both as long as the two offices are not incompatible, and as far as we see, they are not. In addition it is noted that under the facts we have been given compensation for a Councilman is $10.00 per month rather than a stated amount per meeting, and as long as the Councilman has performed his duties we believe the fact that he missed a Council meeting would have no affect whatsoever on his right to receive full compensation for the month. COUNCILWOMAN JENSEN stated she is returning the check for $7.50 with the request that she receive her full $10.00 pay for the month of February, with a complete vindication of hav- ing done anything wrong. COUNCILMAN HECK stated the letter re- ferred to the pay, and he had reference to the Election Code. COUNCILWJNiAN JENSEN stated the Election Code would have been hand- led by the School Board and not by the City Council, and the School Board's Attorney cleared her as far as they are concerned. Moved by Heck, seconded by Jensen, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3 : 45 P.M. '1.40 iv'.YCR, CfT? OP NATIONAL. CI _Y, CALIFORNIA ATTEST": CITY CLERK 3/13