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HomeMy WebLinkAbout1957 02-05 CC MIN204 National City, California,February 5, 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: Alston, Bird, Curran, Hol- gate, Gautereaux, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Vernon. Moved by Hollingsworth, seconded by Heck, that the minutes of the retular meeting of January 22, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION N3. 6845 JECT SHJUL.I PROCEED ed by Fessman, that the Council present was read, "RESOLUTION DETERMINING THAT PRO - (Kenton Avenue)." Moved by Heck, second - the resolution be adopted. Carried, all voting aye. RESOLUTION NJ. 6846 was read, "RESOLUTION DESIGNATING NEWS- PAPER (Kenton Avenue)." Moved by Hart, seconded by Fessman, that the Resolution be adopted, Carried, all the 'ouncil present voting aye. RESOLUTION NO. 6847 FOR THE IMPROVEMENT ed by Fessman, that the Council present was read, "AGJPTING PREVAILING WAGE SCALE OF KENTJN AVENUE." Moved by Hart, second - the Resolution be adopted. Carried, all voting aye. RESOLUTION NJ. 6848 was read, accepting and approving a grant deed from HENRY R. KLEIN and JULIA V. KLEIN. Moved by Hollings- worth, seconded by Hart, that the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NJ. 6849 was read, accepting and approving the ease- ment made and executed on December 11, 1956 by the National School District. Because of the fact this easement is temporary and shall terminate upon completion of the Eighteenth Street 1911 Act Improvement, it is ordered that said easement be fil- ed by the City Clerk and that the same shall not be recorded, Moved by Heck, seconded by Hart, that: the Resolution be adopt- ed. Carried, all the Council present voting aye. RESOLUTION NO. 6850 was read, "RESOLUTION uF INTENTION IN THE MATTER OF CONSTRUCTION Or STREETS AND IMPROVEMENT OF THIRTEENTH STREET FROM THE CENTERLINE OF LANOITAN AVENUE WESTERLY 630,58' plus ON NORTH SIDE AND WESTERLY 605.58' plus ON SOUTH IN THE CITY OF NATIONAL CITY." Moved by Heck, seconded by Hollingsworth, that the Resolution be L(i.r'ted. Carried, all the Council present voting aye. C,UNCILMAAN HECK stated that Attorney Merideth L. Campbell was present in regard to Application for Conditional Ex- ception No. 575 and asked if it could be presented at this time. REPJRT FROM THE PLANNING COMMISSION was read retarding the application, signed by Samuel W, Davis, relative to Lotsl to 101 inclusive, and 20 to 22, in- clusive, in Block 89 of City Plat, together with certain portions of streets and alleys adjacent to said property. Petitioner now has permission to operate a salvage.' 2/5/57 205 enterprise on adjacent property and he desires to operate the same salvage operation on the above described property, to -wit: the cutting of steel boats and the salvage of steel therein. There will be no odor, noise, fumes or smokes from said operation and same is silent and odor- less. Property is located in an M.3, Heavy Industrial Zone. The Planning Commission recommended the granting of this variance with the restriction there be no odor, noise, fumes, smokes or open tire burning, and shall be restricted to the cutting of boats only, not general scrap; and subject to application for renewal after one year from date of *approval. Moved by Hart, seconded by Fessman, that the recommendation of the Planning Commission be allowed and the Attorney prepare the Resolution, Carried, by the following vote to -wit: Ayes: ressman, Hart, Heck, Hollingsworth, Hodge. Nays: None, ATTORNEY CURRAN reported that the United States Fidelity and Guaranty Company has filed a notice of cancelation for Sidewalk License Bond No, 13-902-54, dated February 15, 1956, issued in favor of City of National City in behalf of Nelson Equipment Lo., Inc. Nelson Equipment Company should be notified to post a new bond or surrender its sidewalk license. Moved by Heck, seconded by Hart, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. HEARING ON "I" AVENUE 1911 ACT IMPROVEMENT was held at this time. No written protests were received, and no one was present objecting to this i:gprovement. Moved by Heck, seconded by Hart, that the proceedings be continued and the Attorney prepare the necessary resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None, HEARING ON r'IFTH STREET ASSESSMENT was held at this time. No written protests were received and no one was present objecting to the assessment. Moved by Heck, seconded by Fessman, that the project be continued and the Attorney prepare the next necessary Resolution. Carried, by the following vote to -wit: Ayes: Fessman,. Hart, Heck, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN stated that the application of the South- ern California Edison Company regarding accelerated depreciation seems to be of great interest. the Attorney for the San Diego Gas & Electric Company appeared at that proceeding and requested permission to file a brief. It is quite clear that the Sdn Diego Gas & Electric Company will be greatly affected by whatever determination the Public Utilities U-ommission makes with reference to this problem. The question involved in this proceeding is whether or not the Electric '-ompany shall be permitted to keep two sets of books, one for the purpose of paying the income tax to the Federal Government, and the other for the purpose of determining a fair rate of return to which it is en- titled pursuant to the rules and regulations of the Public Utilities Commission. The Public Utilities contend that they should be permitted to take accelerated de- preciation for tax purposes which means they will pay considerably less taxes fcr approximately fifteen years, but the tax saving should not be reflected in the bill to the consumer, fhe bearing has been continued to a later date and is something that will be of considerable interest to National City. 2/5/57 206 ATfOkN EY CURRAN reported there was referred to him from the last meeting the communication from the Director of the Util- ities Division of the Eleventh Naval District requesting mod- ification of the contract. This simply writes into the con- tract with National City a "nondiscrimination clause" which has been prescribed by order of the President. There is no problem involved, and this modification should be made and accepted, and action taken to authorize a resolution for that purpose. Moved by ressman, seconded by Hart, that the City Attorney's recommendation be granted. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Heck, Hollings- worth, Hodge. Nays: None. ATTORNEY CURRAN stated sometime ago the Council authorized the adoption of the 1953 edition of the Fire Code. It be- came clear that a new edition was in the process of being published, and we have recently received the new edition which is described as the 1956 edition, but we have also just in the past few days received the decision of the District Court of Appeal which passed considerable questions on the process of adopting the ordinance by reference to the Fire Prevention Code, It may be sometime before we have any de- cision as to whether or not the Supreme Court will sustain the decision of the District Court ot Appeal. In any event, because of the fact that the constitutionality of the entire procedure is in question, it would appear the code should not be adopted until this point is ruled on by the supreme Court. Until we have that final decision it would seem that we should not proceed to adopt the Fire Prevention Code. COUNCILMAN HECK said he thought that if possible we should adopt the Code. ATTORNEY CURRAN stated that because of the involved procedure which is necessary in order to adopt by reference, we should not proceed at this time. Moved by Hart, seconded by Hollings- worth, that we accept the City Attorney's recommendation. Car- ried, all the Council present voting aye. Moved by Hollings- worth, seconded by Hart, that the City Manager be authorized to write a letter to the Board of Fire Underwriters and re- quest that points which are used against cities in this regard, in order to lower their insurance rate, be removed until the decision is definitely established by the Supreme Courts Car- ried, all the Council present voting aye. BILLS AUDITED BY THE rINANCE COMMITTEE presented: General Fund Ttafiic Safety Park Fund Harbor Fund Trust & Agency Special Street Drainage Fund Payroll TOTAL Fund Fund Fund $23,310.18 1,667.90 560.63 893.33 5.00 1,388.00 1,493.79 67,699.84 $97,018.67 Moved by Hollingsworth, seconded by Hart, that the bills be allowed, and warrants ordered drawn tor same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. FRANK S. HOBBS, 204 Palm Avenue, was present and stated the rate he pays for his business license, and the type ot bus- iness he operates, is ey rbitant. He now pays $75.00 a year, and the business is known as "Scotty's Mobile Kiddie Rides". Mr. Hobbs said he did not think the rate is fair and asked if 2/5/57 208 the period of July 1, 1956 to January 1, 1957, was presented. Moved by Hollingsworth, seconded by Fessman, that it be re- ferred to the City Manager. Carried, all the Council present voting aye. NOTICE FROM CORPS JF ENGINEERS, U. S. ARMY for a permit for the Eleventh Naval District to extend the jetties and dredge to a depth of 20 feet below mean lower low water in the en- trance channel at Camp Pendleton Harbor; was presented. RE- PORT FROM CITY ENGINEER LILL states this does not affect National City. NOTICE FROM THE COUNTY BOUNDARY COMMISSI.,N of the intention of Chula Vista to annex certain property, was read. REPORT FROM CITY ENGINEER LILL stated that the proposed annexation is on the south side of Chula Vista and does not concern the City of National City. CITY CLERK ALST'ON stated she received the annual report for 1955-56 from the California State Board of Equalization and it will be on file in her office. CITY ENGINEER LILL reported that the contract has been sign- ed for the culvert extension on Harbison Avenue and construct- ion will begin as soon as conditions of the channel permit. REPORT FROM CITY ENGINEER LILL on bids received for paving and resurfacing of "D" Avenue from 24th Street to 30th Street, was read. Five bids were received as follows: DALEY CORP- ORATION, $19,721.65; R. E. HAZARD CONTRACTING CO., $19,990.65; GRIFFITH COMPANY, $20,810.03; V. R. DENNIS CONSTRUCTION CO., $20,936.64; KENNETH H. GJL?'FN, $21,185.94. It was recommended that the contract for the work be awarded to the Daley Corp- oration as low bidder. CITY MANAGER BIRD concurred in the recommendation. Moved by Fessman, seconded by Hart, that the contract be awarded to Daley Corp., and a resolution be pre- pared by the Attorney. Carried, all the Council present vot- ing aye. CITY MANAGER BIRD stated in regard to the application for lease of L. M. Pepper ror parcels on the tidelands which the City Attorney was instructed to prepare, in conversation with Mr. Curran it was suggested that a change be made, par- ticularly in the so-called escalator clause as setforth. At the instance of the Attorney all of the members of the Harbor Committee were contacted, and they were in favor as was sug- gested by the Attorney and himself, namely, there be a set figure per square foot on the five year period., and on that basis the City Attorney has prepared the contract for approval of the City Council and the leasee. NuTICE FROM IHE CHAMFER JF C.iMMERCi was read stating that the Executive Committee of the Chamber of Commerce requests that thee-ouncil consider similar action at this meeting, and it i$ as follows: Communication addressed to Mayor Charles C. Dail and Members of the City Council, City of San biego, in reference to an airport site. The Executive Committee of the National '-ity Chamber of Commerce wishes to express endorse- ment of Brown Field as site for the major San Diego airport. CITY MANAGER BIRD stated the Chamber is asking for endorse- ment of this letter and a similar letter with copies to the San Diego City Council and copies to the Aeronautics Division in Charge of Airport Sites, Washington. COUNCILMAN FESSMAN stated at a meeting yesterday in Mayor Dail's office with the Harbor Committee it was brought out that the airport use panel is here from Washington to make their own decision some- 2/5/57 209 time this month and announce it some time next month; so there is nothing we can do about it one way or the other. Moved by Fessman, seconded by Hart, that the letter be fil- ed. Carrie4, all the Council present voting aye. CITY MANAGER BIRD stated he had the quarterly report showing the activities of the Chamber of Commerce, as required by our contract for advertising. Moved by Fessman, seconded by Hart, that the communication be filet.. Carried, all the Council present vot ing aye. CITY MANAGER BIRD reported he received a telephonic invitation from our representative on the County Water Authority, Mr. Carrigan, requesting the Mayor and other members of the City Council to meet with the Metropolitan Water District Directors for a conducted tour. This tour is to be sponsored by the cities and will start at 9:00 A.M. from the El Cortez Hotel, February 16th, and they will tour the entire area relative to proposed aqueduct lines, etc, and our share as far as the cost of this tour is $50.00. Moved by Hollingsworth, seconded by Heck, that the Lity Manager be authorized to pay our share of the cost. Carried, by the tollowing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD stated he received a notification from Assemblyman Hegland stating that he has introduced, at the request of the City of National City, a bill calling for a direct election of mayors. The bill is now in spot form and details need to be worked out, and he is asking from Mr. Carpenter of the League of Calitonia Cities how his organiza- tion will react in this manner and what suggestions have been made. REP'RT OF HARBJR CJMMITTEE meeting on February 4th, was read. Present: Councilman Heck, Hollingsworth, City Manager Bird, Mr. Hetlin, Mr. Foster and Mr. Higgins of National Plating & Processing Company; Mr. Moore and Mr. Johnson of the San Diego Transit Mixed Concrete Company. The subject under dis- cussion was existing lease of San Diego Transit Mixed Concrete Company with possibility of moving from the present location, maintaining present rate for the balance of the existing lease; a new lease to be drawn with an additional renewable period bf five years at current rate. The matter was held over pending a meeting on February 8th. There was a discussion as to water and water service. A motion was passed to recommend to the Council that the City Manager be authorized to execute a pur- chase order to install a 12-inch water main in Tideland. Ave- nue. Mohr.Adams.,Plourde Company was contacted and committee was advised rail layout plans would be available the week of February 4th. Motion passed that the City Manager write to the Santa Fe Railway Company in order to see how soon spur track could be placed. Mr. S. H. Moore stated that the San Diego Transit Mixed Concrete Company would not be interested in the spur track if their tirm had to bear any portion of expense for the track. Moved by Fessman, seconded by Hart, that the City Manager be authorized to execute a purchase or- der to install a 12-inch water main in Tidelands Avenue. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated there was an application made by Scrap Disposal Company tor the closing of Harrison Avenue, 16th Streit ac,1 15t.h Street. This matter was referred to the Planning Commission and they made a comprehensive report to the Council, and in September of 1956 the City Manager was 2/5/57 210 ordered to hold a conference with all the parties interested, namely, the Scrap Disposal Company, a representative from the San Diego Gas & Electric Company; the Water Company; the Tele- phone & Telegraph Company and the Santa Fe Railway Company. During the interim from September, 1956 one of the represen- tatives of the Scrap Disposal Company passed away and we de- layed holding the conference. In the meantime there came in from the applicant a withdrawal of the proposal to close Har- rison Avenue. un January 31st with the aid of Mrs. Stockman, Planner, we held the conference, and the result of the con- ference is as follows: The conference held was in regard to the request of Scrap Disposal Company for closing of 15th & 16th Streets between Cleveland and Harrison Avenue, and the east one-half of Harrison Avenue between 14th and 17th Streets, and the alley in Block 271, City Plat. Scrap Disposal have withdrawn their request for the closing of the east one-half of Harrison Avenue; their reason for their requesting the clos- ing of 15th and 16th St. and alley is that they own the prop- erty on both sides of the street, and they do not have adequate space to conduct their proposed operation as they desire. They wish to construct a building on the southwest corner of Blcok 271 facing Cleveland Avenue. At the present time they are only using one of these streets. Easements have been ob- tained by the Pacitic Telephone ' Telegraph Company and the San Diego Gas & Electric Company and therefore they do not wish the closing held in abeyance. There are no objections from the Santa Fe Railway Company becuase of the deletion of Harrison Avenue from the request. The California Water & Telephone Company want a 20 foot easement in 15th Street for their 10 inch water main. This is the only easement needed if Harrison Avenue is to remain open. San Diego Gas & Electric Company is interested in establishing their poles so they will not interfere with fire land access at 15th Street. The City itself was interested in fire lanes and easements for sewer mains, The Planning Commission desires access to railroad tracks to provide trucks space to load from box cars without parking and typing up traffic on Cleveland Avenue. We should also consider ingress and egress to the Tidelands area, also establish a set back fence on the west side of Harrison Avenue where one half of the street is dedicated. It was also brought out that a variance would be needed to expand the salvage yard to Block 271 and Block 272. CITY MANAGER BIRD stated that the San Diego Gas & Electric Company have been satisfied and with- drawn their objection to the closing; the Santa Fe Railway Company has withdrawn its objection to the closing; the Tele- phone Company because of a grant of easement was satisfied on the 15th Street situation, but the Water Company is opposed to the closing until an easement or 20 feet to cover the ten inch line which lays 19 feet north of the north line of the property of 15th Street. The question of a variance needed in discussing this yesterday with the Scrap Disposal Company's representative, and on the opinion of their Attorney, Mr. Corey, the variance would not be needed because of the fact tbtiy:.,are not expanding, but are merely cleaning up their op- tr,,t'.on. it is the Manager's opinion that the Council as a %hole should declare this policy. MR. WILII M3, of Scrap Dis- p)sal Company, was present and stated they would like to get ttais straightened out as soon as possible. We are trying to get the property cleaned up so that it will look nice and not be an eye sore, and would appreciate any cooperation. Moved by Fessman, seconded by Hart, that this street closure be granted suhjK.ct to the requirements for sewer and water ease- ments, as outlined by the city Manager, and that sidewalks, curbs and gutters be installed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, 2/5/57 211 Hodge. Nays: None. CITY CLERK ALSTJN stated that it will be necessary tor Mr. will.iams to deposit with the City Treas- urer the amount of money required for the closing costs. CJUNCILMP:N HART excused. Moved by Heck, seconded by Fessman, that the City Attorney be instructed to prepare an ordinance for the street closing. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NJ. 6851 was read, approving the proposed lease with L. M. Pepper for a portion of the National City Tide- lands, and the Mayor is authorized and directed to execute the same for and on behalf of the City. COUNCILMAN HART present during partial reading of the Resolution. Moved by Neck, seconded by Hollingsworth, that the Resolution be a- dopted. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Hodge. Nays: None. Absent: None. Councilman Hart refrained from voting. RESOLUTION NJ. 6852 was read, accepting the bid of the Daley Corporation for the Paving and Resurfacing of "D" Avenue from 24th Street to 30th Street, and the Mayor is authorized and directed to execute the contract for the installation of said paving and resurfacing. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NJ. 6853 was read, "RESOLUTION CONFIRMING ASSESS- MENT (Fifth Street)." Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOIUTION NJ. 6854 was read, that Amendment of Contract No. NOY 22039 with the Eleventh Naval District as requested by the District Public Works 0frice to incl de the Nondiscrim- ination Clause prescribed by Executive Order No. 10557 of the Federal Government is hereby approved, and the Mayor is authorized and directed to accept this change. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGE.;: ;: kD stated he had the specifications and legal documents tor the Las Palmas swimming Pool and asked author- ization to have the City Attorney go over the legal portions of the specifications for a report. Moved by Hart, seconded by iessman, that the request be granted. Carried, all the Council present voting aye. CITY MANAGER EIRB stated he received a communication from the District Public Works Office stating that the Department of Navy is processing for disposal a Government owned parcel of l'nd of Lots 20, 21 and 22, Block 307, National City. The location of this property which contains approximately 3,000 square feet is indicated in red on the enclosed map, Please advise whether or not the City of National City is in- terested in purchasing the property. The proposed easement to the City for street purposes, the location of which is al- so shown on the enclosed map is being submitted to the Secre- tary of the N .vy for approval and execution. A portion of this easen,_nt lies within the aforementioned 3,000 square foot parcel. it is anticipated that the conveyance of the street easement will precec.e the sale of the property being processed for disposal. CITY MANA ER E_LRP, stated he has checked this 2/5/57 212 map with the City Engineer and we have no conflict in this matter if upon sale of the 3,000 feet is consummated, that we get our conveyance first. We processed that conveyance to the Navy as of two weeks ago. The question asked here, is the City of National City interested in purchasing this portion of the three lots. Moved by Heck, seconded by Hol- lingsworth, that tine City Manager be instructed to write a letter to the United States_Government advising them that the City has no interest in this property other than prior to the sale, the easements will be transmitted to the City. Carried, all the Council present voting aye,. exbept Councilman Fessman wild did not vote. rESJLUTIJN N. 6855 was read, authorizing the transfer of $15,000.00 from the General Fund to the Retirement Fund. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. CJUNCILMAN HECK excused. CITY MANAGER BIRD presented the plans and specifications tor the additioRnao Shuffle Board Building to be located in Kim- ball Park,/recommended that the City Clerk be authorized to advertise for bids. Moved by Hart, seconded by Fessman, that the recommendation of the City Manager be followed. Carried, by the following vote to -,-wit: Ayes: Fessman, Hart, Hollings- worth, Hodge. Nays: None. Absent: Heck. REPJRT OF HEARING OFFICERS on hearing on Engineer's Report for the Improvement of Harbison Avenue from 4th Street to 6th Street, was read. The amount of City contribution for the work was confined in the report: sewer ($99.00); drainage ($395.00); and no contribution was specified for paving work. Due to the shape of the properties adjoining the proposed im- provement it was considered that an assessment based on area of property was the most equitable for this particular pro- ject. This increases the cost a small amount to the majority of property owners overi_gn assessment based on the front foot method but prevents an excessive assessment on property sid- ing on the improvement. No written protests were on file pre- vious to the hearing. Six written protests were received at the hearing. All written protests were against the cost of the work. These six protests were from persons having a 43% interest in the total area 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 Improve- ment Act procedures. It was also recommended that because Harbison Pvenue is used by other than local traffic, the City contribute to the project the cost of resurfacing the exist- ing strip pavement. This cost is estimated at $1,456.40. The overall City contribution would be approximately $1,950.46. This amount is 23.3 percent of estimated cost of the work and does not include Engineering costs which are also contributed by the City. COUNCILM.N HECK present during partial reading of the report. Moved by Heck, seconded by Fessman, that the Hearing ufticers' recommendation for over -ruling the 43% pro- tests be allowed, and the project be continued with the City's participation as recommended. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COMMUNICiJN FROM HJUSING IN.:, HUME FINANCE AGENCY, Regional Administrator, was read, regarding California 4-156-F - Sewer Facilities. Reference was made to the meeting with the City Manager and a member of the Finance Committee of the Council on uctober 22, 1956, at which time the matter of disposition 2/5/57 213 of the subject project to the City of National city was dis- cussed. As a result ot the meeting it was agreed that this matter would be presented to the City Council, and it was agreed that the Council take afcirmative action authorizing the City Manager to submit an offer to Agency to purchase the project property for an amount which was suggested might be acceptable to the Washington office. Having received no further word from the City, the administrator telephoned the City Manager on January 16, 1957 and inquired as to the status of the matter of purchase. Mr, Bird informed him that the proposal had not yet been submitted to the Council because of a pending suit filed by former owners against the Navy which may or may not have had some bearing on the perpetual easement granted by the Navy for the installation and mainten- ance ot a 24 inch outfall line located on Navy property along the westerly side of Harbor Drive from 6th Street to the San Diego Sewage Treatment Plant. While the pending suit might possible have some effect on the monetary settlement for the land acquired by the Navy it was most unlikely it would have any effect which might jeopardise the location of the outtall line. it might be well to confirm certain details given ver- bally concerning this project as follows: 1. Project des- cription: The installation of 2637 lin. feet of 24 inch vitrified clay sewer pipe, 691 lin. feet of 18 inch clay sewer pipe, 182 lin. feet of 12 inch vitrified sewer pipe, and 1,050 lin. feet of 12 3/4 in. steel pipe, including the con- struction of a sewer pumping plant. The sewage pumping plant is suituated on Lot 1, Block 137, National City, and on a por- tion of 6th Street adjoining said Block. 2. The project was constructed with Federal funds at a total cost of $97,952.72. 3. Maintenance and Jperation. On March 21, 1944 the Govern- ment and the City of National City entered into a lease where- by the City agreed to maintain and operate the project for an original term of one year with extensions at the option of the City without notice for a successive period of one year each, but in no event beyond the date of six months following the termination ot the emergency declared by the President of the United States on September 8, 1939. Such emergency was term- inated by Congress July 1, 1954, therefore the lease was auto- matically terminated on January 1, 1955. Jut ot 1572 Lanham Act Projects constructed National -wise only seven remain on which disposal actions have not been concluded. Every effort is being made to liquidate such remaining projects immediately, therefore, the Agency now insists that the matter of purchase of this project be presented to the City Council without delay and advise them promptly as to its decision. CITY MANAGER BIRD stated the Federal Government has asked for a solution of this particular bill. The City at one time, in a previous adminis- tration made an offer; the offer because when Governmental aud- itors came into the picture, found there had been certain funds which had been paid by another Navy contract through the method of the Housing which in effect was actually using a part of this sewer, therefore they refused the original offer. Mr, Jliver, Administrator, made a suggested offer which he thought the Government might be willing to accept. An offer of $5,000.00 was suggested by the City, but that in essence was not enough which he could recommend, and we came up with a figure of ap- proximately $6,500.00. Subsequent to that Mr. Curran and the City manager went over the entire folder on this project, and of course penning the Thibodo u. S. Government suit, they felt they would L'et to it in a. turn of priority, but it now seems that the Government has requested a priority and went an answer of the City Council. CoUNCILWJM'N HOLLINGSWORTH asked if it 2/5/57 214 was not true that National City did replace some of that line at great expense. CITY MANAGER BIRD stated we spent approx- imately $36,000.00, and it is on that basis of giving us credit that they can recommend to Washington that we can settle a $47,000.00 claim for roughly $6,500.00. Moved by Hollings- worth, seconded by Heck, that the City of National City of- fer to the IBederal Government $6,500.00 in settlement of this sewer claim. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM CITY ENGINEER LILL was read stating he is trans- mitting for acceptance a 50 foot wide easement from Luxton and Hessletine for Paradise Creek easterly from Harbison Ave- nue 337 feet to the City boundary. CITY MANAGER BIRD recommend- ed that the City Attorney be authorized to prepare the nec- essary resolution accepting the easement. Moved by Hollings- worth, seconded by Hart, that the recommendation of the City Manager be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM MOHR ADAMS PLOURDE COMPANY was read re- garding their findings involving the proposed Naval Seadrome. They have been in constant contact with Navy District Public Works Office to be assured their planning was not at cross purposes with the Navy's, and that the Navy was not at cross purposes with the civilian interests in South Ba.y, It is their opinion there is no conflict between the Mohr Adams Plourde Company Plan and the Navy South Bay Seadrome at this time or in the near future. It has, however, been the history of Seadrome operations, even in San Diego Bay, that when ship- ping traffic becomes heavy and additional anchorage is needed, the Seadrome operations are curtailed to the point where they must be moved. Therefore, they can foresee the day when the South Bay Seadrome, that is the water portion, would have to be moved to an outer harbor area paralleling the strand still using the land installations as now preposed. In the meantime, use of Navy Public Works funds to assist in dredging the bay is most advantageous to the civilian interests. CITY MANAGER BIRD stated we have the matter of 26th Street im- provement coming up, and of necessity we are going to have to lower the existing sewer line, and asked for authorization to lower that line with our own sewer crews. Moved by Fessman, seconded by Hollingsworth, that the City Manager's request be granted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated, we have had the Resolution of In- tention on 13th Street Improvement and asked acceptance of the sewer plan on 13th Street west of Lanoitan 1venue, and that we be authorized to advertise for bids on same, at the time 13th Street improvement goes to bid. Moved by Hollings- worth, seconded by Hart, that the City Council approve the plans for the sewer on 13th Street, and that the Manager be authorized to advertise for bids if the Resolution of Inten- tion is passed. Carried, by the following vote to -wit: Ay- es: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD reported that the operation on the Las Palmas Park earth moving is proceeding as scheduled. CITY MANAGE12 FIRD stated that the next Council meeting will be February 13th instead of the 12th because of the holiday. 1PPLICAT1JN FOR CJNL1rIJNAL EXCEPTION NO. 576 signed by Dovey 2/5/57 215 A. Rozell relative to the property at 2231 W. 13th Street, which is located in an $-4 Zone, was read. Petitioner is re- questing permission to do sewing at her home, such as draperies, bed spreads and slip covers for furniture. It was the recommendation of the Planning Commission the grant- ing of this request. Moved by Heck, seconded by Hollings- worth, that the Planning Commission's recommendation be al- lowed, and the kttorney prepare the necessary resolution. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FRJM THE PLANNING CUMMISSIJN was read regarding grant deed received from Vincent A. and Gwendolyn M. DeLucia for a portion of the widening of the existing alley between 18th and 20th Streets in the area between Granger and Lanoitan Avenues. This particular deed represents the 15 foot ded- ication for Lot 264 which will provide for a 50 foot right of way. Also reservations have been observed by the owners of Lots 262 and 266. The Commission recommended acceptance of the deed. Moved by Hollingsworth, seconded by Hart, that the deed be accepted and referred to the City Attorney. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING CJMMISSIUN was read stating that since November, 1955 a number of public hearings have been held on a proposed Subdivision Ordinance. On January 28, 1957 the Commission felt rather than attempt to completely establish a n_w ordinance since there is not too much acreage left for subdivisions, perhaps more consideration should be placed on amending the existing ordinance with the most ur- gent changes. It was the general opinion of the Commission, the lot splitting that is being conducted throughout the City, an effort should be made requiring improvements to prevent additional creation of substandard streets. There- fore, discussion centered around the portion of the proposed ordinance regarding the subdivision of four lots or less. The Commission passed a motion to change their plans on the ordinance ad study proposed amendments for strengthening the present ordinance as quickly as possible. The Commission made a motion instructing Mrs. Stockman to forward a draft to the City Engineer for approval aftet which it be forward- ed to the City Council for consideration. The draft has been presented to the City Engineer and has his signature of ap- proval. Moved by Hollingsworth, seconded by Fessman, that it be laid over until the next meeting. Carried., all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding the tentative subdivision map of Hulty Heights, a twenty-six lot subdivision located between llth and 12th Streets on the east side of Palm Avenue. Subdivider is the Union Title In- surance and Trust Company. The Commission recommended ac- c Tttnce of the tentative layout with special deviations and ';uhjLct to fi-iai approval of the City Engineer. Communica4 tiun from the City Engineer recommended that the width of llth Street be maintained at 60 feet adjoining the subject sub- division. Fifty foot wide streets are recommended to be in- stalled only in hillside developments or in areas where exist- ing develop.nerts precli-de the establishment of a wider street. PLANNER SiJL. N. N presented a map to the Council which she state ed has been slightly changed by the Engineer. CVUN.2 s LM N I-u". Rr toxcused. 2/5/57 216 Moved by Fessman, seconded by Hollingsworth, that the tenta- tive map be approved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. tbsent: Hart. COUNCILMAN HART present. REPORT FROM THE PLANNING COMMISSION was read stating that the tentative subdivision map of Sunny Vale Subdivision was again presented. This is a 25 lot subdivision located 241 feet north of 8th Street on the east side of "M" Avenue. The map is practically the same as previously presented, which was recommended for acceptance by the Planning Commission and approved by the Council July, 1955; however the time limit of one year expired prior to the filing of the final map and for this reason the tentative map is resubmitted. The Commission recommended the tentative map, subject to engin- eering requirements. Moved by Heck, seconded by Hart, that the subdivision map be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION was read regarding com- munication from Mrs. Frank Hobbs, President of the E1 Toyon P.T.A. suggesting that a plan be drawn by the Recreation Jae- partment spec*fying the location of facilities and park areas, and suggesting that it be possible for the people of this community, the service organizations and others interested in the welfare of our youth to participate in the develop- ment of this community park and recreation center. It was the opinion of the Commission that this matter should re- ceive the consideration of someone with complete knowledge of the requirements of recreation involved, taking into con- sideration the population of the City, they types of recrea- tion needed for the various age limits; someone qualified in planning, landscape work, and architect who would be able to develop a good, well rounded complete plan for the City. It was the recommendation of the Commission that this matter be referred to the Park and Recreation Department for the possible employm€nt of professional help in drafting the necesary plan for a Master Park Plan. Moved by Fessman, se- conded by Hart, that the City Planning Staff together with the Park Department continue their work on this plan for the proposed park, but that any professional outside assistance be deferred. Carried, all the Council present voting aye. CITY CLEux AL SIJN stated that in December we had a Planning Commission report requesting the closing of 22nd Street bet- ween "JT' and "K" Avenues, and 23rd Street between "I" and "J" Avenues, which was laid over tor further study. Mr. Dalton Baker has asked that the closing of 23rd Street between "I" and "J" Avenues be brought before the Council again. COUNCIL- MAN HECK said no action was taken at that time, and he does n wt feel that it should be closed. COUNCILMAN F.LSSMAN stat- ed we deleted that closing on the 1911 Act. CITY MF.NAGER hIRD brought up the matter of Berner Hills. Following the conferences with the parties interestedin the matter, to- gether with our Planning Dept., and Engineering Dept., it was suggested that the matter be submitted to the Planning Commission unofficially, because it is not within the City of National aLty. RL.PJRT FROM THE PLANNING COMMISSION was read stating tuatficial presentation of the J. D. Arnold Estates Tentative Subdivision Map, which is a subdivision of Berner Hills, located in the County area between Susan Manor Subdivision and the Wherry Housing Project in the City 2/5/57 217 of San Diego, discussion was held regarding the possible an- nexation, subdivision and zoning. Subdivision plans indicate a possible 171 lot all ranging in area in excess of the re- quired 5,000 square feet and in general are in excess of the required 50 foot front width. Mr. Arnold is desirous of es- tablishing an R-4 multiple family residence in the area ad- jacent to the major street proposed in this area, with a C-3 general commercial zoning for an area approximately 185' x 380' fronting onto 8th Street abutting the easterly line of Susan Manor Subdivision. The c-3 zoning is established on Lot 1 of the Subdivision,. with Lots 2 through 12 set aside for multiple residence zoning. The Commission was advised of the conference held January 10, 1957 in the City Manager's 3ffice with the City Manager, Planner, Mr. Arnold, Mr. Phelps and Mayor Hodge in attdndance. As a result of the conference it was the understanding that this plat would be supplied by the subdivider and taken unofficially taken before the Plan- ning Commission with the following points to be taken into consideration: 60 foot major streets; 50 foot on short streets; 50 foot cul de sacs; contiguous curbs and sidewalks; changes of zones establishing the setback because of typography; water tank and pump stations, zone changes and check sewer lines of Susan Manor Subdivision with the thought of requir- ing an 8 inch main. A report from the City Engineer advises that the map of O. D. Arnold Estates Subdivision has been giv- en a preliminary review; in general the faayout is satisfactory subjecp to approval of grades, subdivision grading plans and drainage, etc. The nearest available sewers is in Susan Manor Subd. It is the Engineer's recommendation that the streets shown as 60 feet in width be paved 40 feet in width with side- walks 5 feet in width two feet from property line; also streets shown as 50 feet in width be paved 36 feet in width with side- walks five feet in width and contiguous to the curb, Salot Street should be improved to a width of 64 foot travelway with the subdivider not being required to pave the 24 feet; 8th Street should be improved to a 32 foot width path travelway; these streets to have sidewalks two feet from the property line. CITY MANAGER BIRD stated in reading over these re- commendations, substantially on the recommendations of the Planning Commission, it seems that the Subdivision would have no trouble, if it were in the City, Mr. Bird said he would like to know whether it is the opinion of the Council that we should notify Mr. Arnold and offer the aid of our Planning and Engineering Departments presentation of this uninhabited territory to the Boundary Commission, so we could get this underway. There may be questions in good faith which Mr. Prnold may ask in relation to the Engineer's recommendation, particularly an the street 'widths. Mr. Bird stated it was his understanding there would be 36 foot travelways on the 50 foot streets with contiguous sidewalks. Moved by Heck, seconded by Fessman, that the City Manager contact Mr. Frnold and his Engineer, and have them meet with a committee of the Council and the Planner. Carried, all the Council present v )t ink aye. MJYOR HODGE stated the bi11 he recommended to Sheridan Heg- land would make it optional for sixth class cities or general law cities, whether they elect their mayor and council separ- ately or whether they elect their council as we do now. May- or Hedge said he would appreciate support of the Council in regard to this hill. t Y.1 'S CHPM: ER Or' COMMERCE PROCLAMATION was read proclaiming February 3-9, 1957, as National City Chamber of Commerce Week. Moved by Heck, seconded by Fessman, that the Mayor be auth- 2/5/57 218 prized to issue the proclamation. Carried, all the Council present vt in€' aye. CJUNCILW.,1W.N HOLLINGSWORTH asked that the members of the r'inance Committee meet on Friday, February 8th at 3:00 P.M. Moved by Fessman, seconded by Heck, that the meeting be clos- ed. Carried, all the Council present voting aye. Meeting closed at 5:25 P.M. (1,//6ilz,) MAYOR, CITY Or N!-:T'IoN.'.L CITY, ( LIiJkN IA CITY LER 2/5/57