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HomeMy WebLinkAbout1956 03-20 CC MIN250 National City, California, March 20, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Lill, Wagner, Bird, Curran, Holgate. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Faye Brice. COUNCILWOMAN HOLLINGSWORTH stated on Page 246 of the minutes, in the next to the last paragraph, second line from the bottom, the word "opposing" should be approving; and on Page 247, in the 25th line the word "not" should be inserted between the words "may make". Moved by Hollingsworth, seconded by Fessman that with the correct- ion of the two items, the minutes of the regular meeting of March 13, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6590 was read, granting a special zone variance permit to Lowell R. Terry for the purpose of reducing the square footage requirement from 15,000 square feet to 14,800 square feet for three lots. Moved by Heck, seconded by Jensen, that the Res- olution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6591 was read, approving a grant deed from Lowell R. Terry and Lois L. Terry, and the property therein conveyed is hereby accepted for and in behalf of City of National City, and the City Clerk is authorized and directed to record the same. Moved by Hollingsworth, seconded by Heck, that the Resolution he adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6592, was read: "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (FIFTH STREET)". Moved by Heck, seconded by Fess- man, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6593 was read: "RESOLUTION APPROVING ASSESSMENT DIAGRAM (HARBISON AVENUE)". Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6594 was read: "RESOLUTION APPOINTING ENGINEER (HOOVER AVENUE)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6595 was read: "RESOLUTION APPOINTING PERSON TO PREPARE ALL PROCEEDINGS (HOOVER AVENUE)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6596 was read: "RESOLUTION ORDERINI PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (HOOVER AVENUE)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting we had the first read- ing of "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING THE REGULATIONS FOR THE SUBDIVISION OF LAND AND REPEALING ORDINANCE NO. 855", and the City Engineer has requested that the word "con- crete" be inserted under sub -paragraph 6 of that ordinance; Cross Gutters: the word "concrete" to be inserted between "cement" and 3/20 251 "cross". Therefore, this ordinance should be re -read for the first reading. Moved by Heck, seconded by Jensen, that the first reading of this ordinance include the amendments, as read. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated the question has arisen as to whom should sign a certificate of release under the financial responsi- bility law, which is required when any vehicle registered to the City comes into collision with another vehicle, and the other party is seeking a certification of release. Since the new carrier has taken over all of our insurance claims, all of these matters have been handled in the City Manager's office; therefore, it is recommended that the Council go on record as appointing the City Manager the proper agent for the City to execute these certifi- cations of release. Moved by Heck, seconded by Jensen, that the Attorney's recommendation to permit the Manager to sign as the authorized agent, be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated in regard to the 1911 Improvement Act on 18th Street, he has contacted Byri D. Phelps and called his at- tention to the provisions of the contract, which are somewhat different than other contracts, and he concedes that the sum far which he has billed the City is not yet due, so it will not be necessary to take any further action on the matter until such time as the contract for the improvements of 18th Street is award- ed. ATTORNEY CURRAN reported that he has received further communi- cations from the League of California Cities regarding the action of all cities which might possibly be required in the event that any Court, sometime in the future, would declare that portions of the Uniform Sales Act were unconstitutional and void. The problem is that in the event a Court should make such a ruling there might be a question as to the liability of the City to re- fund either sales or use taxes. So, in order to take care of that possibility, some attorneys are of the opinion that those cities presently having sales and use taxes should amend them so that in all substantial particulars the City crdinance is in conformity with the State Sales Tax and the State Use Tax Ordin- ance. Until such time as the County of San Diego determines that it desires to enact the San Diego County Sales Tax, there is no necessity of taking any action with reference to this proposal; however, it does appear to be appropriate and the League specif- ically asks the City Attorney of each City to bring it to the attention of the Council. ATTORNEY CURRAN reported that the case of Frank A. Hynum, dba as Chula Vista Sanitary Service, was again in Court. The demurrer of the City of National City to the amended and supplemental com- plaint was sustained by the Court. Mr. Hynum has been given the opportunity to amend his complaint and the Court indicated, in his complaint he should set forth specific reference to assign- ments which is one of the chief objections which the City had to the complaint. After that amended complaint is served, it ant- icipated that the City will file an answer. ATTORNEY CURRAN reported that the former insurance carrier, hav- ing been given the claim of Mr. Pikula which was before the Coun- cil on February 7th for alleged damage which occurred prior to January 1, 1956, has requested that the Pikula claim be rejected, and in accordance with this request it is recommended that the Council, at this time by formal motion, reject the claim. Moved by Hollingsworth, seconded by Jensen, that the City Attorney's recommendation in regard to the Pikula claim be approved. Carried; 3/20 252 by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Jensen, Hodge. Nays: None. ATTORNEY CURRAN reported that the certificate of insurance filed by the San Diego Seat A,Ivertising Company, failing to comply with the contract of that company with 'the City, has been return- ed and the City Clerk has advised the company that it will be necessary, not only `.o file a certificate but to actually file a policy, as required by the contract. CITY ATTORNEY CURRAN reported on the question regarding the Chula Vista annexation which came before the Council at the last meet- ing, The question given to the City Attorney was to determine what, if any, changes had been made by t'rie Legislature by way of prohibiting a City from initiating on its own motion a petition for annexation. Attorney Curran stated he finds that no changes have been made in the law in this regard, and there is a code section as to uninhabited territory which specifically authorizes a city to initiate such a proceeding on its own motion. COUNCIL- MA.N HECK inquired if a city can initiate an annexation of unin- habited territory, can a neighboring city then file a claim pro- testing it, and would it be considered a valid claim. ATTORNEY CURRAN stated there have been several instances throughout the State wherein cities have desired to annex the same territory, and the rule seems to rather clearly establish that the city which first commences proceedings gains a priority so it has the right to go forward with its annexation and, in the meantime, any other city has to stand by until the fate of the annexation started by the first city is determined. COUNCILMAN FESSMAN asked if the exception of the word "uninhabited" would apply to the area between 30th Street and Edgemere Road. There are bus- inesses located there but no one living on the land. Mr. Fessman said he had reference to the strip of land 200 feet southerly of 30th Street that we would need to go easterly with any an- nexation that we might want o initiate and if that is not in- habited could we then take steps to annex it. ATTORNEY CURRAN said we could. Moved by Fessman, seconded by Jensen, that we take the steps to annex the territory above referred to, and that the strip we attempt to annex be 200 feet southerly from 30th Street so there will be enough corridor to go easterly with our boundaries should we desire to do so. REPORT FROM CITY MANAGER BIRD was read regarding Vista Hill Annexation to City of Chula Vista, On March 8, 1956, the City of Chula Vista filed the map of the proposed annexation with the Boundary Commission. Said document was received by the Boundary Commission on March 8th. The Boundary Commission notified the City of National City on March 9th. This matter was reported to the City Engineer whose report was presented Tuesday, March 13th, to the City Coun- cil. At the time the matter was presented to the City of National City, it was being heard in Civic Center by the Boundary Commis- sion. The Boundary Commission requested certain changes; namely, that the proposed annexation be extended northerly to the south boundary of National City and the corridor adjacent to Edgemere Road be widened to 200 feet. COUNCILWOMAN HOLLINISWORTH stated she feels if the Council will make a move at this time, the Bound- ary Commission will no doubt consider it, because it then will take up all of the area without leaving an island, to which they objected. Motion carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. MAYOR HODGE stated that east of National City lies the area called "Berner Hills". It is also uninhabited by less than 12 people, and that would be the logical place for fine homes in National City, and he would recommend that we start proceedings to annex this land. Moved by Hollingsworth, seconded by Fessman, that the City of National City proceed for annexation of the Berner' 3/20 253 Hills area. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. BILLS AUDITED BY THE FINANCE COtMMITTEE presented: General Fund Traffic Safety Park iui & I Fund Retirement Fund Trust & Agency Fund Special Street Fund Payroll Fund TOTAL $16,24.1.04 1,670.63 317.46 2,202.83 1,69...5 .6 26,7 0.19 •$48,95.56 Moved by Hollingsworth, seconded by Fessman, that the bills be approved and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. RESOLUTION NO. 6597 was read, authorizing the expenditures of the sums hereinafter set forth from the Capital Outlay Fund: C. S. Williams, $2,936.52, construction of Drill Yard Improvements at Fire Station; Pacific Fence Company, 01,880.10, fencing of Paradise Creek Channel, 90% of the amount. Moved by Hollings- worth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. FLORENCE M. UZUMECKI, 524 "I" Avenue, was present and stated there was a committee formed for the circulation of petitions opposing the action of the Council in instituting a 1911 Improve- ment Act for Highland Avenue. Mrs. Uzumecki stated they have approximately 75% of the property owners, representing some 66% of the property affected or Highland Avenue, on their petition; requesting that the act be abandoned, and asked that some action be taken at this time. Mo\d by Jensen, that we accept the pet- ition at this time contingent upon the validity of the signatures, and if the 51% required is represented, that we abandon the fur- therance of the 1911 Act on that project. MAYOR HODGE state it is his thinking that this should come up at the time set for the hearing. Motion died for lack of a second. COUNCILMAN FESS? stated he would be in favor of taking no action until the tim of the hearing, to do so before then would be premature. COUNCIL- MAN HECK stated the plans are required and the property owners have not as yet been appraised as to what the cost will be, and we will not know until the plans and specifications are drawn and prepared by the Engineering Department. At that time there will be a resolution adopted authorizing acceptance of the plans and each property owner will be notified of the hearing to be held, and that would be the time to present any valid objections or approval of the program. MRS. UZUMECKI said if the Council does not care to act on the petition at this time they have answered them just as plainly as if they had said "no". PETITION for 1911 Act for improvement of Wilson Avenue from 18th to 22nd Street, was presented. Moved by Heck, seconded by Hollingsworth, that the petition be approved, and referred to the City Engineer for a feasibility report: Carried, by the following vote to -wit: Ayes: Fessman, Hekk, Hc.ilingsworth, Jensen, Hodge. Nays: None. APPLICATION FOR TRANSFER OF JFF SALE BEER & WINE BEVERA3E LICENSE by Ben Jackel, 108 E. 8th Street was presented, REPORT FROM CHIEF OF POLICE SMITH stated that investigation fails to dis- close any grounds for protest. Moved by Jensen, seconded by Hol- lingsworth, that the application be filed. Carried, all the 3/20 254 Council present voting aye. APPLICATION FOR OFF SALE BEER AND WINE BEVERAGE LICENSE by Tang's Market, 2040 National Avenue, was presented. REPORT FROM CHIEF OF POLICE SMITH stated that investigation fails to disclose any grounds for protest. Moved by Jensen, seconded by Hollings- worth, that the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO'S ANNUAL INSTITUTE ON GOVERNMENT was read stating that San Diego will hold its eighth annual In- stitute on Government April 13, 1956, in the Conference Building, Balboa Park, San Diego. Moved by Hollingsworth, seconded by Jensen, that this matter be referred to the City Manager to find out how many employees wish to attend, and also for him to pos- sibly select some employees who would benefit from information obtained at the Institute. Expense to be paid by the City. Car- ried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Jensen, Hodge. Nays: None. APPLICATION TO MOVE A BUILDING by George C. Vanderburg, was presented. The building is located at 825 Roosevelt Avenue and is to be moved to 16th & Harding or 17th and Cleveland; for use as a residence. REPORTS FROM THE BUILDINs DEPT. and CITY PLANNER WAGNER were read. MR. VANDERBURG was present and stated he pro- posed to move the building from 8th and Roosevelt for the purpose of improving the parking in that section; that he has the two locations, at 17th and 16th Street for the building; but if pos- sible he would rather locate it on the property at 16th and Hard- ing. Moved by Hollingsworth, seconded by Jensen, that the ap- plication to move a building by Mr. Vanderburg, from 825 Roose- velt Avenue to 16th and Harding, be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Jensen. Nays: Heck, Hodge. CITY CLERK ALSTON reportedshe received a report from the Public Utilities Commission authorizing the Atchison, Topeka and Santa Fe Railway Company to construct their spur track along Harrison Avenue and across 20th Street in National City. CITY CLERK ALSTON reported she received a notice from Army En- gineers in regard to an application made by Pier Del Mar, Inc., to construct a timber pile pier, and referred the notice to the City Engineer. CITY ENGINEER LILL'S reply stated that this pro- posed pier at Del Mar does not affect National City as far as he can determine. CITY CLERK ALSTON reported that in November, 1950, the City purchased property north of the City barns at 14th & "D", and there are delinquent taxes for 1950. Mrs. Alston said she re- ceived a notice from the County Auditor that these taxes should be cancelled, and recommended that the Council authorize the Attorney to prepare a resolution for the County Board of Super- visors requesting cancellation of taxes on Lots 1 to 20 inclusive, Block 1; and Lots 17 to 20 inclusive in Block 2 of D. E. Lozier's Sub., 10 Acre Lots 9, 10, and 11, Quarter Section 154. Moved by Heck, seconded by Jensen, that the City Clerk's recommendation be allowed, and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY ENGINEER LILL reported that reports have been received for the test driliinJ at the 24th Street bridge across Paradise Creek and we will be able to proceed and complete the desired bridge for that project. 3/20 255 CITY ENGINEER LILL reported there are four 1911 Acts ready to be launched; Hoover Avenue from 8th to 13th Street; 26th Street from "B" to "D"; Grove Street from 18th to 22nd; and 20th Street, Prospect to .hove; 13th Street westerly from Lanoitan for about 630 feet. CITY ENGINEER LILL stated that Mr. Shattuck came in with an ap- plication for an excavation permit in connection with the Susan ManorSubdivision which he is developing. The subdivision con- sists of about 22 lots extending southerly from 8th Street about 675 feet in the McCormack Annexation. He is proceeding with the grading of the subdivision, and he proposes to fill the property to a certain extent by taking dirt from the southerly part of the McCormack Annexation. It is recommended that Mr. Shattuck be given permission to excavate in the McCormack Annexation and use that dirt for fill on the Susan Manor proposed subdivision, all under the supervision of the City Engineer's office. Moved by Heck, seconded by Hollingsworth, that the City Engineer's recommendation be allowed and that the excavation permit be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COUNCILWOMAN HOLLINGSWORTH referred to the matter of annexation presented earlier in the meeting, and asked if there are other little areas besides the Berner Hills area that have not been annexed to National City, which City Planner Wagner confirmed. Moved by Hollingsworth, seconded by Jensen, that the motion be amended; that the City Manager and City institute annexation proceedings, not only for Berner Hills but the islands that are left in the area east of Harbison Avenue. Carried, all the Coun- cil present voting aye. REPORT FROM CITY ENGINEER LILL regarding 1911 act on Wilson Avenue, was read. The County Assessor's records show that the owners of 63.L% of the fre:etage adjoining this proposed project have signed the petition. The proposed improvements include paving, gutter, cross gutters, portions of curb to be replaced, and curb inlets. It is recommended that this office be author- ized to proceed with the project. Moved by Heck, seconded by Hollingsworth, that the recommendation be allowed, and the re- port accepted. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had a deed for street purposes for the Southwest corner of 8th and Harbison Avenue from H. L. Williams. REPORT FROM CITY MANAGER BIRD was read stating the deed from H. L. Williams is for the widening of Harbison Avenue at 8th Street, on the Southwest corner, both streets are widened to 40 feet half width and portion dedicated in the deed from Harry L. Williams. Mr. Williams is improving these portions of the above deeded streets that adjoin the new service station now being erected at that. location. There will be a 90 foot wide strip south of the service station included in the deed that will not be improved at this time. Mr. Williams may improve this 90 foot strip when Williams Manor No. 3 is improved. In any event, it is considered the best interest of the City to acquire the street deed to the parcel at this time to provide satisfactory street right of way en the west side of HE -bison Avenue from 6th Street to Williams Manor No. 3 Subdivision., It is recommended that the City accept the deed and a resolttion -)e prepared. Moved by Jensen, seconded by Fessman, that. the City Manager's recommendation be adopted. Carried, all the Council present voting aye. REQUEST OF JOHN J. MYRES for permission to construct a concrete driveway from the curb to the property line on McKinley Avenue 3/20 256 just South of 21st Street, was presented. Mr. Myres wishes a variance for this driveway; instead of setting it eleven feet from the south property line as required by the ordinance, he would like to have it seven feet from the south property line. It is the recommendation of the City Manager and Engineering Department that the request be granted, and a resolution be pre- pared. Moved by Heck, seconded by Jensen, that the recommendat- ion be allowed, and the necessary resolution prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD stated he has deeds for 16th Street, and they have been approved by the Planning Commission in routine form and are for the entirety of 16th Street with the exception of one 86 foot piece, also a portion of the east one-half of 17th Street. It is recommended the deeds be accepted and a resolution prepared. Moved by Fessman, seconded by Jensen, that the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. REPORT FROM CITY ENGINEER LILL stated he had an easement for sewer purposes from Findahi, Chamberlain and Reynolds. This easement provides necessary right-of-way for a sewer between 18th and 17th Street West of Newell. It is recommenced that the City accept the easement and the sewer be installed CITY MANAGER BIRD recommended a resolution be prepared accepting the easement. Moved by Jensen, seconded by Hollingsworth, that the City Manag- er's recommendation be accepted. Carried, all the Council pre- sent voting aye. COMMUNICATION FROM J. L. KELLER, 1307 E. 20th Street, was read, stating that in early 19L0 he deeded 30 x 170 feet of property in the 1300 Block of East 20th Street to the City for a street. It was his understanding at that time that owners south and west would deed the same amount of land. To date this has never been done, and to do it now a building would have to be moved to ac- complish same. He would now like to have this property returned or he would like to buy it back. This property added to other property which he controls on east 20th Street in the 1300 block, would be equal to a 5000 square foot lot, and as he is thinking of building in the future and would like the return of the prop- erty mentioned, or a re -zoning, to take care of this injustice imposed. CITY MANAGER BIRD recommended this be referred to Planning and whatever departments necessary to present the facts to the Council at the next meeting. Moved by Hollingsworth, seconded by Jensen, that it be referred to the Planning Commission and the City Manager for a report to the Council. Carried, all the Council present voting aye. CITY MANAGER BIRD reported that he sent out an informative bul- letin to all departments headed: "As general City election will be held April 10 in which positions of Counoilme.n and certain City Officers will be filled, I wish to call to the attention of all City Employees under Civil Service the following inferm- ation:" The entire Section 16 of Civil Service Ordinance was quoted, which is headed "IMPROPER POLITICAL ACTIVITY". Mr. Bird said he felt that this was necessary so there would be no improp- er political activity carried on by any Civil Service employee. REPORT FROM CITY MANAGER BIRD was read in regard to red curb for parking in front of Boys' Club. Because of its necessity, an adequate space has been red curbed in front of the entrance of the Boys' Club in conformity with our Traffic Jrdinance. 3/20 257 REPORT FROM CITY MANAGER BIRD regarding street lights, was read, in regard to the request for street lights at 20th Street and Valle Vista Avenue in National Vista No. 3;; Fifth Street and "V" Avenue; and Fifth Street and Sanitarium Avenue. Report for cost of construction as yet has not been received from the San Diego 3as and Electric Company. CITY MANAGER BIRD stated he has the plans and specifications calling for aerial photography and mapping of the City of National City, and would recommend the acceptance of the specifications and the area to be photographed; and that the City Clerk be authorized to publish notice calling for bids; said bids to be received at 3:00 P.:i. on the 16th day of April by the City Clerk in the office of the City Clerk. Moved by Hollingsworth, second- ed by Jensen, that the City Clerk be authorized to advertise for bids for aerial photography. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD reported that he has the plans and specificat- ions for the multi -purpose concrete slab to be constructed in Kimball Park, and recommended that action be taken to authorize the City Clerk to advertise for bids for the 16th day of April, to be opened at 3:00 P.M. in the office of the City Clerk; and that the specifications be accepted. Moved by Hollingsworth, seconded by Heck, that the City Manager's recommendation for the slab in Kimball Park be approved, and the City Clerk advertise for bids. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY i'1ANA3ER BIRD reported on the proposal of getting access in- to an area, particularly Block 102 of the City Plat, at which time the Council saw fit to hold in abeyance the opening of a paper street. In doing some research, Mr. Bird said he has been fortunate in getting cooperation of certain property owners and certain documents which proves what he personally knew .for'' quite some time, was the fact of a 20 foot easement due south on Hoover Avenue to 26th Street then west to Coolidge, then south to 27th Street. Engineering has prepared a map of the area which gives the 20 foot access, and would like to recommend the matter be referred to the Planning Commission and that we proceed in attempting to acquire a full 60 foot right of way so that we can get access into the area. The document of record, grants this 20 for public purpose. Moved by Heck, seconded by Hollingsworth,. that the matter be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM THE CALIFORNIA WATER AND TELEPHONE COMPANY was read in regard to the 18th Street project. This is relative to the City's request for estimate of the cost of the Company's work in relocation of water facilities to conform with the pro- posed improvement of 18th Street between Palm and Rachael Avenue. Tentative plans for the improvement of this street under the 1911 Act which were received by the Company were reviewed and prelim- inary estimates indicate that relocation of distribution mains ranging in size from two to eight inch, revocations of water ser- vices and relocation of fife hydrants will come to an estimated cost of approximately $22,000.00. They wail be glad to proceed with this relocation of all the above water facilities to con- form with the proposed new street grades and street improvement as soon as they have a purchase order from the City and an agree- ment on the part of the City to pay the cost of such relocations. CITY MANAGER BIRD recommended it be referred to the City Attorney for whatever action he may recommend. Moved by Hollingsworth, seconded by Heck, that the recommendation of the City Manager in 3/20 258 regard to the Water Company's request for a $22,000.00 purchase order be referred to the City Attorney. Carried, all the Council present voting aye. CITY MANAGER BIRD reported on the conference which Mayor Hodge and himself attended jointly with the Board of Supervisors rel- ative to the sales tax situation. There were facts and figures presented by the Board of Supervisors substantiating in form their reason for their request of the cities attempting to ne- gotiate for a part of the additional, which perhaps may be gained when, and if, the Board of Supervisors pass the sales tax in the County, and we become a part of, by contract, with the col- lection agency known as the State Board of Equalization to col- lect such four percent tax. The outcome of the meeting was very evident, the cities went in there with the idea in mind they were not going to "give any of the line" and they held the line and the Supervisors went in with the idea they wanted a portion, and that is where we stand; however, there was suggested, inas- much as the facts presented and acquired by the Board of Super- visors' agencies, could perhaps not be the same as what cities could bring up, so on that basis the cities agreed to bring in figures at a future meeting. The Sunervisors's figures show, according to them, that San Diego was collecting only 78% of which they were supposed to be collecting, which was refuted by the people of San Diego, including the City Manager and a number of his staff; also the City of Chula Vista was collecting more than 100%, which again was immediately refuted and was explained because of the fact of certain conditions peculiar to the oper- ation of the use tax. 3eneraliy it is conceded that all of our cities in the area, particularly around the Bay area, are col- lecting roughly 94% to 95%. We are getting our facts and figures together so that we may have another meeting with the Board of Supervisors. REPORT FROM THE PLANNING COMMISSION was read, stating commun- ication from the California Water and Telephone Company was re- ceived, objecting to the closing of the alley behind Lots 9 and 10, Block 216, due to the fact they have a 12-inch water main in that location connecting to their crossing under the freeway. However, 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. Information has been received, that since making application for the alley clos- ing the owner of the adjacent property, Mr. Leo Delgado, has learned that the property belongs to the State and therefore he is no longer interested in the closing. The Commission, in view of the reported lack of interest on the part of the original petitioner on the closing of the alley at the rear of these two lots, wished to rescind its previous :notion. REPORT FROM THE PLANNING COMMISSION was read, regarding petit- ion referred to them by the Council, requesting the closing of "C" Avenue between 15th and 16th Streets from an 80 foot right of way to a 60 foot right of way; also requesting initiation of proceedings for installation of improvements. City Planner Wagner presented City Engineer's Plat Map No. 253-L indicating several closings in this area. The Planning Commission recom- mended the desired closing of 10 feet on each side of "C" Avenue, also favors all closings as indicated on C}.ty Engineer's Plat No. 253-L. Moved by Hollingsworth, secondei by Fessman, that the Planning Commissions recommendation a_zd action be sustained by the Council, and an ordinance be prepared for the closing. Carried, by the following vote to -wit: Ayes: Fessman, Hck, Hollingsworth, Jensen, Hodge. Nays: None. 3/20 259 REPORT FROM THE PLANNIN3 COMMISSION regarding grant deeds re- ceived representing the westerly 10 feet of Burden Drive and the easterly 10 feet of Burden Drive which will increase the right of way of this street from 40 to 60 feet, was read. Re- port from the City Engineer recommended these deeds be accepted and eliminate an inadequate width street. It was the Planning Commission's recommendation that the deeds be accepted. Moved by Heck, seconded by Jensen, that the Planning Commission's re- commendation be approved, and a resolution prepared accepting the deeds. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Jensen, Hodge. Nays: None. REPORT FROM THE PLANNIN3 COMMISSION was read, stating City Engineer's Plat Map No. 251-L was presented indicating dedicat- ionsfor the opening of l6th Street east of Palm Avenue. The Commission recommended acceptance of all deeds from Palm Avenue easterly as logically a portion of the Master Street Plan for National City. REPORT OF THE PLANNINJ COMMISSION recommended the acceptance of grant deeds from Harry L. and Martha D. Williams relative to the westerly 20 feet of Harbison Avenue and the rededication of the south half of 8th Street. REPORT FROM THE PLANNINJ COMMISSION was read, stating discussion was held regarding cor-rersation between City Manager Bird and City Planner Wagner with respect to changes in the proposed zon- ing ordinance to require conditional exceptions for bulk stor- age of flammable liquids. It was the recommendation of the City Manager that the words "storage of petroleum products and fuel gas but not propane and butanett be deleted from the proposed zoning ordinance from Section 3:23, and that Section 3:24 (A), subsection 4 have added the following words "bulk plant storage above ground of flammable liquids, but not butane or propane, as governed by Section 1502 of the Fire Prevention Code". The Commission recommended that the suggestions outlined by City Plan- ner Wagner and City Manager Bird be incorporated in the new zon- ing ordinance. Moved by Hollingsworth, that the recommendations of the deletions and adding of the subsection to the new zoning ordinance be approved, so the City Attorney will know when he is preparing the ordinance that he has approval of the Council for the changes. COUNCILMAN HECK said he thought it was now out of the hands of the Attorney and back to the Council. CITY MANA3ER BIRD stated the reasoning behind this is: We are in a position at the present time of formulating a Fire Code for adoption by the City; and the wording, in the opinion of the City Planner and Manager was insufficient to cover bulk storage plants. The wording as it is in the ordinance at the present, technically, could be construed to prohibit service stations in commercial areas, because they too store petroleum products. We had before the Council an application for above ground storage in which it was denied, however, the opinion of the Council, according to the Manager's understanding, was we are not closing the door provided these installations were made in areas where isolation was ample and were in conformity with our new Fire Prevention Code. Moved by Heck, seconded by Jensen, that this matter be tabled until the hearing of April 24th at which time it will be brought before the Council. Carried, all the Council present voting aye. CITY PLANNER WAINER stated he distributed to each member of the Council a copy of a re?ort to Mr. Brinkman, Secretary -Manager of the Chamber of Commerce, which was requested by the Chamber, a review of activities regarding the proposed opening of S. 43rd Street northerly of National City, as part of the San Diego County and San Diego City Master Plan of Major Streets. This is merely 3/20 260 informative. The Council went on record as May 3, 1955, on the recommendation of the Planning Commission that action be instig- ated by San Diego County and City to proceed to obtain assur- ances that the right of way would be protected through 3reenwood Memorial Park. This is a report to bring all up to date. The latest action of the Board of Directors of the Chamber of Com- merce was to draft a letter to the City Council of San Diego urging action on this matter. The copy of the map is an attempt to show in one area all of the various proposals for highway ex- tensions, especially the extension of U. S. Highway 395 into the South Bay area. CITY PLANNER WAiNER stated he has discussed with the City Manager a resolution requested by Director of Planning for the City of San Diego in support of the creation of an office of Physical Planning for the State of California. It is felt that it would be wise to secure the recommendation. The City Planning Com- mission next Monday evening before the presentation of those members of the Council who are interested in the creation of a State Planning Office, may wish to familiarize themselves with a bill that has been suggested as the one that would be most acceptable and that would create a complete and properly staffed office of Physical Planning is Senate Bill No. 18 COUNCILMAN FESSMAN stated last week the Council aooroved the use of gas tax funds on Cleveland Avenue, part of which is to be for the railroad right of way, and when he voted for it, he assumed that all the specifications as laid down by the Engineering De- partment would be approved; he is thinking specifically of the requirement of a guard rail between the two rails with the asphalt to be placed against it to prevent it from bulging and getting knocked out in a chuck hole form, and was assuming that would be done. Mr. Fessman stated he understands that one of the rail- roads have suggested a substitute which is much cheaper on their part, but he does not think it is as good construction, and he would like to have last week's action clarified that gas tax funds would be used for work between the tracks provided all the spec- ifications are met and there are no substitions or deviations from the specifications. If the guard rail is left it will be a matter for the City to maintain the paving between the tracks and the rails. CITY MANAGER BIRD stated the question raised by Mr. Fessman has merit. In the interest of time, both railroad companies were notified of the action of the City Council as of last session in regard to the proportionate share. The thing which can be done at the present time is to rescind, if the Coun- cil so desires, your action of last week and we will so notify the railroad companies. Another way of proceeding is when the plans and specifications for Cleveland Avenue are presented to the Council they can be approved or rejected, particularly on the point which Councilman Fessman has raised. In the interim while the plans are being prepared Engineering will open negotiations with the railroad company, as it was Engineering's thinking that portion of the tracks which is paved by the railroad company must meet City standards; however, they did offer a substitute as to the bond between the rail and the guard rail. COUNCILMAN FESSMAN stated it would be satisfactory if it can be worked out as Mr. Bird suggested and our Engineering and Management staff be in- structed by the Council not to compromise from what they know to. be a good job to something the railroad wants to do because it is cheaper, and compel them to follow our specifications regard- less of the cost. COUNCILMAN HECK asked if the State does not require this flange treatment on rails. CITY ENGINEER LILL stat- ed the flange treatment on the rail has caused more comment than anything they have put on plans in a long time. Even the State 3/20 261 Highway Department questioned the details shown. Mr. Lill said he thinks they can work it out with the railroads so there will be some method of providing the proper flange clearance and also maintain the pavement. VERIFIED CLAIM OF ROBERTA L. PAYNE against the City, was pre- sented. It is for dental work made necessary by Mrs. Payne's son slipping at the swimming pool last July. CITY MANAGER BIRD recommended it be referred to our previous insurance carrier. Moved by Jensen, seconded by Fessman that the City Manager's request be granted. Carried, all the Council present voting aye. COUNCILMAN FESSiA,AN stated there was a question of legality raised in regard to Councilman Jensen's pay for the month of February and there was no Council action taken to withhold the pay, there- fore no one has had any instructions to withhold any pay in the absence of any instructions to the contrary. Mr. Fessman said he would like to see this settled one way or the other. COUNCIL- MAN HECK said there was no action taken to withhold it, it was Mrs. Jensen's suggestion that it be withheld until it was clar- ified, and it has been clarified by the State Legislative Counsel. Moved by Heck, seconded by Jensen, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:40 P.M. ATTEST: "CITY CLERK IYlfi,, }� MAYOR, CITY OF NATIONAL I Y, CALIFORNIA