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HomeMy WebLinkAbout1956 05-22 CC MIN324 National City, California, May 22, 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, Hart, Hollingsworth, Hodge. Council members absent: Heck. ADMINISTRATIVE OFFICIALS present: Alston, Curran, Lill, Wagner, Bird. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev, Erny. COUNCILMAN HECK present. Moved by Hollingsworth, seconded by Hart, that the minutes of the regular meeting of May 15, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO, 6656 was read, "DIRECTING NOTICE OF FILING OF AS- SESSMENT AND TIME OF HEARING THEREON ("K AVENUE), Moved by Heck, seconded by Fessman, that the Resolution be adopted, Carried, all the Council present voting aye. RESOLUTION NO. 6657 was read, "DIRECTING NOTICE OF FILING OF AS- SESSMENT AND TIME OF HEleRING THEREON (Harbison Avenue). Moved by Hollingsworth; seconded by Heck, that the Resolution be ad- opted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported on the communication from the Citizens Advisory Committee favoring Proposition "W". The City has been requested to pass a resolution which approves and recom- mends the adoption of Proposition "W". Proposition "W" is a pro- posal of the Metropolitan Water District and will. appear on the ballot of June 5th. The proposal will not increase the tax rate, the entire costs are to be paid out of fees which are being levied by the Metropolitan Water District against any area which seeks to come into the Metropolitan Water District. There appears to be nothing objectionable in the proposed resolution and it is a mat- ter of policy for the Council to decide whether they wish to ad- opt it. Moved by Hart, seconded by Hollingsworth, that the Coun- cil adopt the Resolution. Carried, by the following vote to -wit: Ayes, Fessman, hart, Heck, Hollingsworth Hodge. Nays: None. RESOLUTION NO. 6658 was read, "RESOLUTION ENDORSING PROPOSITION "W" ON JUNE 5 PRIMARY ELECTION BALLOT". Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported on the question as to who is to bear the cost of relocating the facilities of the California Water & Telephone Company when as a result of a public improvement it be- comes necessary to relocate certain facilities of the Water Com- pany. Last Thursday there was set for hearing a motion to dis- miss a demurrer to the complaint which has been filed by the City of National City because of the facts which arose after the let- ting of the contract to V. R. Dennis Construction Company for the improvement of Harbison Avenue. A three way agreement was made be- tween the City of National City, California Water & Telephone Com- pany, and V. R. Dennis Construction Company. It was agreed that the Court be asked to determine whether the City had to pay or whether the California Water e' Telephone Company had to pay the cost of this relocation, The day before the hearing the General Counsel for the California Water & Telephone Company came down from San Francisco and desired to discuss this matter with the City Attorney, and the Counsel has asked that the City Attorney sub- mit this proposal to the City Council. The proposal is that 5/22 325 whenever the City determines that it will be necessary to con- struct a public improvement which may effect the facilities of that company the City immediately notify the Company, the Com- pany then promises to ascertain certain facts as to when those particular facilities were located. It is anticipated that the City may have certain information not available to the Company, the Company will have information not available to the City. The General Counsel and the City Attorney are pretty well in accord as to the principle of law involved by which this prob- lem would be solved. The principle is, if the City was there first the Company, if the Company was there first the City pays. The General Counsel believes that since we have an agreement as to the principle which should apply, that most of the prob- lems can be solved without litigation. However, in the event that there is an inability to arrive at the facts, then either party would not be prevented from proceeding with litigation if it felt that was necessary. In the past, whenever the Com- pany was requested to remove its facilities, immediately the Division Manager would send a letter requesting the City to issue a purchase order. That is the procedure which the General Counsel now suggests be eliminated. A letter had been prepared by the Division Manager prior to the time that this suggestion was made by the Company's General Counsel which arrived here Monday, so that in the event the Council is going to go along with this program as suggested by the Company, the first thing we would want to do would be to have the Division Manager with- draw his request for a purchase order and to carry out the pro- gram as outlined by the Company's `General Counsel. In any event, rather than proceeding with the hearing which was set for May 17th, the Company issued its check in the sum of $880.73 payable to the City, and the action which was pending was dis- missed. The money was not expended by the City because by con- tract V. R. Dennis Construction Company proceeded with the pay- ing of the costs of relocation, so that rather than clearing this through the City's books the first recommendation of the City Attorney is that this check for $880.73 be immediately endorsed and made payable to the order of V. R. Dennis Con- struction Company. Moved by Hollingsworth, seconded by Heck, that this check be endorsed and made payable to V. R. Dennis Construction Company for the work they performed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. ATTORNEY CURRAN stated the Division Manager sent a letter regarding Tidelands Avenue which was prepared prior to the decision of the General Counsel, wherein the Company is taking the position that they will not do anything unless the City pays. The proposal would be that the matter be requested to be worked out, which means that the local Division Manager should withdraw that demand. COUNCIL- MAN HECK stated he thought our Attorney should prepare an answer to the Division Manager of the Water Company stating that he and their General Counsel have reached an agreement and the previous commitments to the City should be withdrawn and the cost of improvement of Tidelands Avenue. Moved by Heck, seconded by Fessman, that the Attorney forward a letter to the Division Manager of the Water Company. Carried, by Fessman, Heck, Hollingsworth, Hodge. Nays: None. Councilman Hart refrained from voting. ATTORNEY CURRAN stated there was referred to the City Manager and himself a communication from the Civil Service Commission regarding the appointment of Supt. of Streets; the City Attorney has conferred with the City Manager, and the City Manager has prepared a report which he will give covering this subject. 5/22 326 ATTORNEY CURRAN stated the problem of the expiration of our present garbage contract was referred to the City Manager and himself, with specific authorization for the preparation of new specifications. The Ordinance has been amended since the last specifications were prepared, in fact the contract which we presently have was not entered into as a result of the spec- ifications which were advertised a few years ago. The proced- ure which was adopted for the garbage contract, rather than having detailed specifications, the City published an Invit- ation for Bids and entered into a contract. It is the recom- mendation of the City Attorney and concurred by the City Manager, that this same procedure be adopted for the problem of dispos- ing of garbage in the City. INVITATION FOR BIDS was read, stating that bids will be received for the collection and dis- posal of garbage at any time on or before the hour of 10:00 o'clock A.M. on the 6th day of June, 1956, at which time said bids will be opened. Bids may be submitted for a one or two year period, or both. The contract, if any is awarded, shall contain a clause that either party may terminate the contract without cause, upon giving sixty day notice to the other. It is the recommendation of the City Attorney that the City Clerk be authorized to publish such an Invitation for Bids. COUNCIL- MAN HECK questioned the termination clause of sixty days. Moved by Heck, seconded by Hart, that the Attorney's and City Manager's recommendation for this contract be aooroved, with one exception, that there be a ninety day cancellation clause rather than a sixty day clause, and the City Clerk be author- ized to advertise for bids. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported on the reference made as a result of a protest against the imposition of a business license on a real estate salesman. Mr. Curran stated he has carefully considered the authorities which were submitted at the time this protest was made and has concluded that the Business License Ordinance is not unconstitutional, as alleged, and that it is also not unforcible. HEARING ON SALE OF CITY PROPERTY located at 15th and "C" was held at this time. CITY CLERK ALSTON stated she received no written protests; and no one was present objecting to the sale. Moved by Heck, seconded by Fessman, that the hearing be closed, and the matter referred to the City Manager for preparation of sale. Carried, all the Cssuncii present voting aye. JERRY HARRIS, 95 Pepper Tree Road, Chula Vista, was present and stated he owns the property at 605 Highland Avenue, and the City Manager has a letter from him which he would like read at this time. COMMUNICATION FROM JERRY HARRIS was read asking permission to pave with black top the parkway between the sidewalk and curb on the property at 605 Highland Ave. The request is for paving on Highland Avenue only, not on 6th Street. Moved by Heck, seconded by Hollingsworth, that per- mission be granted. Carried, all the Council present voting aye, DAN LAWSON, 701 Fifth Avenue, Chula Vista, was present and asked if the Planning Commissions recommendation in regard to the property in the 2100 Block on "I" Avenue, for a pro- posed zone variance to eliminate the required off street parking would be discussed at this meeting. CITY PLANNER WAGNER stated this in regard to a zone variance for a churTh at the Southeast corner of 21st and "I" Avenue, and the matter is still in the hands of the Planning Commission, it has not been resolved and has been laid over for further action. It will be taken up on June llth to be disposed of. 5/22 327 CITY CLERK ALSTON stated the Veterans of Foreign Wars have asked that the Mayor proclaim May 25 and 26 as V. F. W. Buddy Poppy Days in the City of National City. Moved by Fessman, seconded by Hart, that the proclamation be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM THE CHAMBER OF COMMERCE addressed to Mr. Dekema of the State Division of Highways was read in regard to the Highway markers at our one half -way decent entrance to National City from Highway 101. COMMUNICATION ADDRESSED TO MR. DEKEMA, State Division of Highways, from the Chamber of Commerce was read, stating that the Board of Directors of National City Chamber of Commerce voted to support National City Councilman Al Fessman in his fight to obtain traffic controls on Montgomery Freeway at 13th Street. COiMUNICATION FROM MRS. VERA JARVIS was read requesting a re- fund of $280.00 which was deposited with her application to purchase Lots 19 and 20, Block 1 of Bach and Shaules Addition. This bid was denied because of future channelization of Par- adise Creek. CITY TREASURER HOLGATE approved the request. Moved by Hollingsworth, seconded by Hart, that the $280.00 be refunded to Mrs. Jarvis. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL stated we are in receipt of a letter from the Real Estate Division of the Navy which forwarded a pro- posed easement for Tidelands Avenue widening. The easement has been referred to the City Attorney for his opinion. They are asking the City to relocate the existing fence, and a 16 inch fire line which is buried in the street. CITY ENGINEER LILL stated on June 12th to 16th at the Univer- sity of California, there will be held a world conference on earthquake engineering; and Mr. Finney of the Engineering Dept. has expressed a desire to attend the conference. He has offered to use his remaining vacation time to attend, but has requested that the City pay his expenses. Mr. Lill said he thought it would be good insurance to have a represent- ative of the City attend the conference. Moved by Heck, seconded by Hart, that expenses be allowed for Mr. Finney to attend the conference. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM CITY MANAGER BIRD was read regarding the letter from the Civil Service Commission relative to the position of Street Superintendent. It is Mr. Bird's feeling, at the pre- sent time, that the necessity for the position being filled does not exist but the City Council should not abolish said position. Therefore, it is recommended, pursuant to Sec. 15 for reasons of economy, that no new individual be named to fill the position, and the City Manager be appointed ex-officio Superintendent of Streets. Moved by Hart, seconded by Fess- man, that we accept the City Manager's recommendation. Car- ried, all the Council present voting aye. REPORT FROM CITY MANAGER BIRD was read, relative to the drain- age and flood control. The problem of Paradise Creek, be- ginning in the County and the City of San Diego and cutting through the center of the City, is a major problem. The Coun- cil set up the second 1/2 cent of sales tax revenue to be ap- plied to the harnessing of this flood channel. We now approach the second phase. Proceeding with adequate plans, the deter- mination of flow, the width of channel required, the alignment 5/22 328 of same, the acquisition of rights of way for said channel now become a must. The City Manager recommends for the Coun- cil's consideration the procurement of adequate engineering services, same to be urged to consider: First, the bottleneck existing in the Channel in the area of Sixteenth Street and National Avenue, to devise structures, provide for replacement of utilities, etc., and everything required to eliminate said obstruction. Second, to consider alignment to Montgomery Freeway, also the structures needed under said Freeway and the railroads. This second phase would result in restoring to productive use many City Blocks of land which would lend them- selves to commercial development. Third, explore the possibil- ities of developing a South Channel east of Palm Avenue and extending to Harbison Avenue. This would make available many productive acres in the center of the City for residential use and, at the same time, eliminate the flood menace which constantly threatens the Eighth Street -Paradise Valley area. The City Manager believes these preliminaries can be accom- plished in the near future; we have sufficient money to start this at once, and favorable action is recommended. Moved by Hart, seconded by Hollingsworth, that the City Manager's recom- mendation be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD reported on the proposed swimming pool. The matter of the site has been determined, the amount of money involved is of such a magnitude, an expenditure of approximately $256,000.00, that it becomes evident that the Council should appoint a committee to journey to the Los Angeles area with the Supt. of Parks and himself to determine the type of pool they desire, in order to start on the project to bring it to its consummation and use by the opening of 1958. COUNCILMAN HECK suggested that all of the members go, and if agreeable with the City Manager, the necessary arrangements could be made for the trip to be Tuesday, May 29th. Moved by Fessman, seconded by Heck, that a committee of five Council members be appointed to go to the Los Angeles area, that they be accom- panied by the appropriate City administrative officials that Mr. Bird might request to attend. Carried, all the Council present voting aye. COUNCILMAN HART stated he thought the Council members should have their expenses paid for trips pertaining to City business. MAYOR HODGE said he would not be in favor of the City paying for this one trip; if any are being paid he would be in favor of making it a policy that expenses be paid for Council members attending any conferences. COUNCILMAN HART said he was in favor of all the Council members and department heads to be paid when they attend City business functions. COUNCILMAN HECK and COUNCILWOMAN HOLLINGSWcRTH expressed their desire to continue the present policy of pay- ing their own expenses. COUNCILMAN FESSMAN stated he thought actual traveling expenses should be borne by the City, and suggested that two or three City cars might be necessary to make this trip, if available. Moved by Hart, seconded by Fessman, that the City Council and heads of the departments be allowed their expenses on any trips concerning the City. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Heck, Hollingsworth. MAYOR HODGE stated that two years ago he attended a Mayor's and Councilmanb convention which he believes was the most in- formative convention that he has every attended, especially for mayors and councilmen and recommended that the newly elected councilmen attend, and those who have never attended such a conference attend if possible. The information obtained 5/22 329 is most helpful. The Councilmen's Institute is to be held this year at Monterey, May 24th and 25th. REPORT FROM THE PLANNING COMMISSION WAS READ regarding a communication from the National School District advising they are planning to acquire the property 350 feet northerly of the present Ira Harbison School site. It was the recommend- ation of the Planning Commission that their request receive favorable consideration. CITY CLERK ALSTON stated as yet she has received nothing in this regard. REPORT FROM THE PLANNING COMMISSION was read regarding a com- munication from J. L. Keller, 1307 E. 20th Street, requesting the closing of E. 20th Street in the 1300 Block, a street dedication 30 feet by 170 feet. The Commission recommended denial of this closing. The Commission feels it desirable to retain the 30 feet for future access into the interior of the block for street purposes and should not be disposed of. REPORT FROM THE PLANNING COMMISSION regarding communication signed by Faye Hartman, Special Field Representative for the Public Housing Administration, was read, requesting a specific dedication or grant of a right of way to provide an access route to the remaining land which was not transferred by the Government at the time of the transfer of the Olivewood Hous- ing Project to the City of National City. The proposed ded- ication as shown by the legal description drawn up by the Public Housing Administration would be the opening of 29th Street west of National Avenue. The Planning Commission recommended denial since the future of this area indicates that such a street opening would be detrimental to the development of the land. COUNCILWOMAN HOLLINGSWORTH stated in r egard to this area west of National Avenue in the Housing, that the City was able to buy the Housing at a very reasonable price and it is bring- ing very good things to National City, such as improving the streets, building a new swimming pool, at no cost to the tax- payers. The policy of this Council has been to get all lands owned by the City back on the tax rolls as rapidly as possible. There are two areas west of National Avenue that have been put up for sale by the Public Housing Authority and all bids had to be rejected because there is no easement for ingress or egress from this particular piece of property. Mrs. Hollings- worth said she feels it is the Council's duty to see there is an outlet because by the sale of this property it is putting the acres back on the tax roll, and whoever buys the property will be putting in improvements. Moved by Hollingsworth, seconded by Fessman, that the City Manager and City Engineer be authorized to look over this area and see about getting a revokable easement into the property so that the Public Hous- ing Administration can sell it. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY PLANNER WAGNER announced that the Planning Commission will resume its hearing on the proposed subdivision ordinance next Monday night, May 28th. Also at that meeting it will have its official second public hearing on the tidelands devel- opment plan. COUNCILWOMAN HOLLINGSWORTH stated there have been some rumors around the City, one is that the people west of National Avenue, if the proposed zoning ordinance is adopted, would not be able to get insurance on their houses. Several insurance agents have been Consulted and that is not true. Also a rumor has 5/22 330 been going around that the City of National City is planning to condemn all of the area west of National Avenue and then after it is condemned and the people moved out, the City will sell it to somebody else; that is unconstitutional and could riot possibly be done. Moved by Hollingsworth, seconded by Heck, that the authority that the Council issued to the City Attorney to proceed in writing the ordinance be withdrawn. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COUNCILWOMAN HOLLINIS- WORTH stated that a few weeks ago Mr. Freeman of the Star -News printed a zoning map for future comment. Moved by Hollings- worth, seconded by Heck, that the map not be adopted until consideration can be given to the inequities that may be caused. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. Moved by Hollings- worth, seconded by Fessman, that the City Attorney be author- ized to make suggestions as to our future procedure in regard to this proposed zoning ordinance. Carried, all the Council present voting aye, MAYOR HODGE announced that June 5th, election day, is a legal holiday and the Council meeting should be adjourned until June 6th. Moved by Heck, seconded by Hart, that our meeting be adjourned until Wednesday, June 6th at 1:30 P.M. Moved by Heck, seconded by Hart, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:08 P,M. , CALIFORNIA CITY OF NATIONAL ITYNIA ATTEST: CITY CLERK