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HomeMy WebLinkAbout1957 01-22 CC MIN197 National City, California, January 22, 1957 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, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Bird, Curran, Lill, Holgate, uautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Thompson. Moved by Heck, seconded by Fessman, that the minutes of the reg- ular meeting of January 15, 1957, and the adjourned meeting of January 16, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6839 was read, "RESOLUTION DETERMINING THAT PRO- JECT SHOULD PROCEED (Thirteenth Street)". Moved by Hari, sec- onded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6840 was read, "ADOPTINi PREVAILIN3 WAGE SCALE FOR THE IMPROVEMENT OF THIRTEENTH STREET". Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6841 was read, "RESOLUTION DESIGNATING NEWSPAPER (Thirteenth Street)". Moved by Hart, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that following the adjourned meeting of January 16th with the South Bay Irrigation District Board of. Directors, the Attorney for the Irrigation District and the City Attorney had a conference telephone call with the law offices of O'Meiveny & Myers advising them of the respective actions of the District and the City so that when the next engineering informat- ion is forthcoming from Leeds, Hill & Jewett, there will be no time lost in preparing a draft of a contract to be submitted to the Board of Directors of•the District and to the City Council. Ten- tatively we have set sometime late in the summer as being the tar- get date for the submission of a bond proposal to the electors of National City and to the electors of the South Bay Irrigation District. ATTORNEY CURRAN reported that the case of Letts vs National City and Ann Meyer Scott has been decided by Judge Glenn. The for- mal judgment has not yet been entered, however, the opinion and decision of the Judge is to the effect that the parcel of land on which the defendant, Ann Meyer Scott, sought to secure a build- ing permit is subject to an easement in favor of the plaintiff, It therefore follows that nothing can be done towards processing that building permit as long as the easement exists. PRICE AVERY, 441 Highland Avenue, was present in regard to the article in Monday's edition of the Star -News regarding the re- quest of the Eleventh Naval District for the establishment of a new seaplane restricted area in the southerly part of San Diego Bay. Mr. Avery said he thought this matter should be thoroughly discussed and great study given because the time of -)pposition is set not later than February 18th. COUNCILMAN HECK stated he thought this p^oblem is critical, and an objection should be forwarded to Army Corps of Engineers, and the most effective 1/22`57 198 objections would come from the legislative body of the City involved, rather than from any individual. Mr. Heck said he would like to have a report made as to the exact location. COUNCILMAN FESSMAN stated this must be a new move because the last we heard of the location of the proposed seaplane base, as it effects National City, was that it was to be 2500 feet west of the corridor, but apparently it has been moved eastward in the last few days. National City should protect itself by ob- jecting to any structure or use of the Bay that would interfere with navigation within the corridor and easterly thereof. CITY MANAGER BIRD stated we have received a notice from the Corps of Army Engineers which states that request has been received from the Commandant, Eleventh Naval District, for the disestablish- ment of the existing Seaplane Restricted Area and the establish- ment of a new Seaplane Restricted Area in the southerly part of San Diego Bay. Upon establishment of the above seaplane restrict- ed area, it is proposed to simultaneously disestablish the exist- ing seaplane restricted area as contained in Code of Federal Regulations, Section 207.612, approved and amended by the Sec- retary of Army on June 11, 1952. Moved by Hart, seconded by Fessman, this be referred to the Harbor Committee. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY ASSESSOR requesting designation of official representative was presented. MAYOR HODGE stated if it meets with the approval of the Council, he would like to appoint City Manager Bird as our representative. Moved by Hollingsworth, seconded by Hart, that the appointment of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM COORDINATING COUNCILS requesting appointment of a representative was presented. MAYOR HODGE stated that with the approval of the Council, he would like to appoint Harry Smith. Moved by Heck, seconded by Hart, that the confirmation of the Mayor's appointment of Harry Smith be approved. Carried, all the Council present voting aye. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Mickey's Club 13, 640 W. 13th Street was presented. Police Chief Smith report- ed that they have not as yet received a report from Sacramento regarding this, and requested this be laid over until the next meeting. Moved by Hollingsworth, seconded by Fessman, this ap- plication be laid over until the next meeting. Carried, all the Council present voting aye. APPLICATION FOR EXCAVATION PERMIT by E. B. Norbeck, was presented for the purpose of excavating on the easterly 180 feet of Lot 262 Lincoln Acres Annex No. 2. REPORT FROM CITY ENGINEER LILL was read recommending the excavation be allowed subject to the con- ditions of the application except that the banks be sloped a min- imum of 1-1/2 units horizontal to 1 unit vertical and no retain- ing wall be installed. All slope material should be firmly com- pacted. Slopes should not begin within 2 feet of the property lines; an approved guard rail should be installed along the top of the slope on the alley side of the property. It is recommended a surety bond in the amount of $3,000.00 and an insurance cert- ificate in the amount of $20,000.00 be furnished by the applicant. CITY MANAGER BIRD stated he concurs in the recommendation of the City Engineer. Moved by Heck, seconded by Hart, that the excav- ation permit be allowed with the restrictions as outlined by the City Engineer. Carried, all the Council present voting aye. REQUEST FROM DISTRICT PUBLIC WORKS OFFICE, Eleventh Naval District, for change in contract for sewer service was presented. Moved by 1/22/57 199 Hollingsworth, seconded by Fessman, this be referred to the City Attorney for perusal and recommendation. Carried, all the Coun- cil present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY BOUNDARY COMMISSION was read stating that the City of Chula Vista intends to annex certain territory as delineated on the map attached to the communication. REPORT FROM CITY ENGINEER LILL was read stating this does not affect National City; the proposed annexation is south of Chula Vista. Moved by Hollingsworth, seconded by Heck, that the re- port be filed. Carried, all the Council present voting aye. COMMUNICATION FROM IRRIGATION DISTRICT OFFICERS ASSOCIATION OF SAN DIEGO COUNTY was read stating that the quarterly meeting of the Association will be held Monday, January 28th at the Foot- hills Restaurant, 8949 La Mesa Blvd. COMMUNICATION FROM IRVINE & JACHENS, INC. was read stating that for the past 68 years they have been making badges for civic, state and federal organizations. Recently, there has been an increasing eemand for Councilman's, Mayor's and other city and county officials badges. The communication was ordered filed. APPLICATION FOR TRANSFER OF OFF SALE GENERAL BEVERME LICENSE by James Ronis, 41 E. 8th Street, was presented. REPORT FROM CHIEF CF POLICE SMITH stated that investgation reveals no grounds for protest of this application. Moved by Heck, seconded by Hollingsworth, that the application be filed. Carried; all the Council present voting aye. CITY MANAGER BIRD stated in regard to the notice from the Corps of Army Engineers relative to the seaplane base was received and referred to the City Engineer. REPORT FROM CITY ENGINEER LILL was read stating that the proposed new seaplane restricted area, as outlined by the Corps of Engineers, would preempt a large portion of San Diego Bay and would be within 3000 feet of the National City bulkhead line at the nearest point. The restricted area would not be available for shipping operations. The exist- ing seaplane restricted area would be abandoned. It is recommend- ed that the Tidelands Consultants be requested for an opinion on this proposed restriction at once, and that if they report un- favorably, that the Corps of Engineers be so advised prior to February 18, 1957. MAYOR HODGE requested this be referred to the Harbor Committee. CITY ENGINEER LILL reported that bids were opened yesterday on the culvert extension on Harbison and have been given to the City Manager for handling. REPORT OF CITY ENGINEER LILL was read regarding the bids received for the 1911 Act Improvement of Hoover Avenue, 8th Street to 13th Street. The total amounts of the bids based on the unit prices and quantities set forth on the bid form, are aw foliows: GRIFFTH COMPANY, $35,167.42; DALEY CORPORATION, $35,310.51; R. E. HAZARD CONTRACTING COMPANY, $35,986.95; V. R. DENNIS CON- STRUCTION COMPANY, $36,196.17. The original estimated cost of the work was $35,861.08, and the final estimated cost of the work was $34.252.38. As the low bid does not exceed the estimate by more than 10%, it is recommended that the contract for the work be awarded to the Griffith Company as low bidder. Moved by Heck, seconded by Fessman, that the low bid of the Griffith Company be accepted for the improvement of Hoover Avenue from 8th to 13th Street, and the Attorney prepare the necessary resolution. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. 1/22/57 200 CITY ENGINEER LILL reported that the improvement of Euclid Avenue and Division Street intersection will be completed today. CITY ENGINEER LILL reported that the work on Cleveland Avenue is progressing. REPORT OF HEARING OFFICERS, James A. Bird, City Manager and Wayne P. Lill, City Engineer, on Engineer's report for the im- provement of Harbison Avenue, Kenton Avenue, Belmont Avenue, Drexel Avenue and Clairmont Avenue from Division Street to Cer- vantes Street and Norfolk Street from Clairmont Avenue to Euclid Avenue, was read. The report was read, and the proposed improve- ments were discussed by the Engineer of Work. One written pro- test was on file and three verbal protests were made. These four protests were from persons having an interest in less than 3% of the property proposed to be assessed. It is recommended that the protests received be over -ruled, and that the project proceed under the 1911 Improvement Act Procedures. Moved by Fessman, seconded by Hart, that the recommendation of the hearing officers be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM CITY TREASURER HOLGATE regarding local tax distribut- ion was read stating that the first distribution of local sales and use tax has been received from the State of California, Board of Equalization. Net collection $17,083.91; less cost of administration (1.7%), $290.43; total amount received 416,793.48. This amount is for the period of Uctober 1, 1956 to and includ- ing December 4, 1956 and has been credited to the General Fund. Moved by Hollingsworth, seconded by Hart, that the report be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WEATHER CORPORATION was read stating the purpose of this letter is to solicit the City's aid toward the operations of a cloud seeding program for San Diego County during the coming three months. The City of San Diego and the County of San Diego have each respectively agreed to con- tribute one-third of the cost of the program. The remaining one- third must be raised through contributions from other agencies within the County. It is estimated that the total cost will be between $16,000 and $20,000. Moved by Heck, seconded by Fessman, that the letter be filed. Carried, all the Council present vot- ing aye. REPORT FROM CITY ENGINEER LILL was read recommending the City accept the easement for a portion of 18th Street from the National School District. CITY MANAGER BIRD recommended that the City Attorney be authorized to prepare the necessary resolution of acceptance. Moved by Fessman, seconded by Hart, that the recom- mendation of the City Manager be allowed. Carried, all the Coun- cil present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the bids for the extension of existing culvert on Harbison Avenue. The follow- ing bidsuere opened: TREPTE CONSTRUCTION CO., INC., $11,300.00; HARRY MUNS CONTRACTOR, $12,745.00; V. R. DENNIS CONSTRUCTION CO., $16,734.00. It was recommended that the contract for the work be awarded to the low bidder, Trepte Construction Co., and that payment for the work done be made from the Drainage Fund. CITY MANAGER BIRD concurred in the City Engineer's recommendation. Moved by Heck, seconded by Fessman, that the Trepte Construction Company be awarded the contract, and the Attorney be authorized to prepare the necessary resolution. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 1/22/57 201 DEED from Vincent A. and Gwendolyn M. DeLucia for street pur- poses for the Westerly 15 feet of Lot 264 of Lincoln Acres Annex No. 2, was presented. CITY MANAGER BIRD stalted that since the matter of an excavation permit for Mr. Norbeck has been disposed of, it was his recommendation that this be referred to the Plan- ning Commission for a report. Moved by Hart, seconded by Fess- man, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM CITY MANAGER BIRD was read regarding termin- ation of employment of Captain C. A. Noble, Police Dept. by reason of petition for retirement. Captain Noble has submitted a vol- untary resignation to the Police Department, with application for retirement. Captain Noble has served our city well for 27 years, beginning his employment as of September 29, 1929 and terminating his lengthy service as of March 1, 1957. It is recommended that the resignation be accepted and that he be granted his annual leave, and further a service certificate award showing his service record be presented to Captain Noble in appreciation of his long and faithful service to the City of National City. COMMIUNICATION FROM CA?TIN C. A. NOBLE was read stating he wished permission to submit his application for service retirement effective March 1, 1957. It is further requested that he be given the privilege of taking his annual leave before March 1, 1957. COMMUNICATION FROM CHIEF SMITH was read recommending that the request of Cap- tain Noble for retirement and annual leave be granted. Moved by Fessman,seconded by Hart, that the recommendations of the City Manager and Chief of Police be approved. Carried, all the Council present voting aye. COMIviUNICATION FROM CITY MANAGER BIRD was read regarding sale of our interest of property to State Division of Highways. Subject to Resolution No. 6784, we are in receipt of payment in the amount of $4,196.91, Cityts share for our legal interest in Lots 3 to 8 inclusive in Block 139, City Plat. As there has been no estab- lished policy for disposition of any funds received for sale of city property, it is recommended that the amount of $4,196.91 be deposited in the Capital Outlay Fund. Moved by Heck, seconded by Fessman, this be referred to the Finance Committee. Carried, all the Council present voting aye. COMMUNICATION FROM FIRE CHIEF BAILEY was read stating he is at- taching the statistical report of the Fire Department for the year 1956. Included also is the report of 1955. There has been a slight increase in fire loss during 1956 with the major port- ion of increase in building loss. We have enjoyed an exceptionally low fire loss for the last six years, with 1956 no exception al- though there was a small increase. It is believed that with the adoption of a fire prevention ordinance, we will be able to do a much better job. The adoption of this ordinance will come about in the very near future. Moved by Hollingsworth, seconded by Heck, that the report be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we are in possession of the original first copy of checked plans for the swimming pool. We are at the present time underway in the site preparation of Las Palmas Park and at this time he would like to present a resolution for the purpose of taking care of the special accounting which will be necessary in this operation. RESDLUTION NO. 6842 was r ead, authorizing the transfer of $20,0O0.00 from the Capital Outlay Fund to a Special Swimming Pool Fund. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. 1/22/57 202 REPORT FROM FINANCE COMMITTEE was read regarding a meeting on January 15, 1957. City Manager Bird made a complete report of his conference with Joseph Mack, Road Commissioner of San Diego County, and also with Mr. Dekema, District Engineer, State Div- ision of Highways. It was recommended that the Finance Committee report to the City Council that the condemnation proceedings for opening of 24th Street between Cleveland and Harrison Avenues is not warranted at this time. The matter of Planner II, as passed by the City Council, that the salary rate be established and become effective January 16, 1957 and that an adjustment in said rate will be made at budget time. Moved by Heck, seconded by Fessman, that the Finance Committees recommendation to the Council be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT OF THE HARBOR COMMITTEE was read regarding the matter of offer of lease of L. m. Pepper was discussed. It was their recommendation that the City Counc i 1 accept the offer of L. M. Pepper of a 15 year lease on a two acre parcel of tidelands. The first five years of said lease to be at a rental of four cents per square foot; said lease to carry two renewable five year op- tions. First renewable five year option with a minimum of four cents per square foot and a maximum of four and one-half cents per square foot. Second five year option of renewal, said rental per square foot minimum to be four and one-half cents and maximum of five cents per square foot. Also that L, M. Pepper, his heirs cr assigns will participate in the development of the harbor in the amount of $10,000.00 when said harbor development plans firm up. Also, there will be granted to L. M. Pepper et al easements for pipe lines. Moved by Heck, seconded by Fessman, that the recommendation of the Harbor Committee be allowed in accordance with the terms of the lease as read, and the Attorney prepare the necessary lease. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD stated it will be necessary for Engineering to supply the legal description of the parcel, also it will be nec- essary for the City of provide water to that location. COUNCIL- MAN HECK asked the City Manager if he is requesting the Council to place permanent water lines which would entail putting in a 12 inch line extension down Tidelands Avenue, or a line of a tem- porary nature down 24th Street, CITY MANAGER BIRD stated we are in receipt of a communication from the railroad company wherein they will perhaps look with favor upon participation in the de- velopment in that area when we have firmed up firm estimates of the cost of the utilities and then submitted to them on a part- icipation basis; but this immediate matter should be taken care of on a temporary basis, perhaps a two inch line and allowing the installation of elongated septic tank as of thepresent until such a time as the sewerage is carried south of that point. Moved by Fessman, seconded by Hart, that the City Manager be authorized to use his own discretion in the establishment of a temporary line, either laid on top of the ground or buried, as it might be necessary, and that a hermit be granted to install a suitable septic tank at this location so this tenant can begin to operate; and that the City Engineer be instructed to prepare the legal description for this parcel of property to be leased to Mr, Pepper. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 6843 was read "RESOLUTION OF AWARD OF CONTRACT (Hoover Avenue)". Moved by Hart, seconded by Fessman, that the Resolution be apoted. Carried, all the Council present voting aye. 1 /22/5 7 RESOLUTION NO. 68L14 was read, finding that the Construction Company, Inc. in the amount of $1 lowest bid submitted for the Extension of Exis Harbison Avenue, and that said bid is accepted authorized and directed to execute the contrac ion of said culvert. Moved by Hollingsworth, that the Resolution be adopted. Carried, all sent voting aye. 203 bid of Trepte 1,300.00 is the ting Culvert, and the Mayor is t for the exten- seconded by Hart, the Council pre - COUNCILWOMAN HOLLINGSWORTH stated that immediately following the adjournment of this meeting, she would like the members of the Finance Committee to remain for a short meeting. Moved by Fessman, seconded by Hart, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:48 P.M. ATTEST\ CITY CLERK (//:(//e.:/(, MAYOR, CITY OF NATIOLAL C ITY, CALIFORNIA