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HomeMy WebLinkAbout1957 02-26 CC MIN231 National City, California, February 26, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.N. o'clock. Council members present: Fessman, Heck, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill, Stock- man, Holgate, Gautereaux. The meeting wasopened with pledge of allegiance to the Flag, folIow- ed by invocation by Rev. Vernon. Moved by Fessman, seconded by Hollingsworth, that the minutes of the regular meeting of February 19, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6877 was read, "RESDLTION OF INTENTION NO. 6877 IN THE MATTER OF CONSTRUCTION DF STREETS AND IMPROVEMENT OF EIGHTEENTH STREET BETWEEN PALM AND RACHAEL IN THE CITY OF NATIONAL CITY." Moved by Fessman, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Holl- ingsworth, Hodge. Nays: None. Absent: Hart. ATTORNEY CURRAN reported that Harbor Insurance Company has issued a Certificate of Insurance showing that John J. Ross has Workmen's Compensation Insurance in the statutory amount, and recommended that the certificate be approved and filed. Moved by Heck, seconded by Fessman, that the Attorney's recommendation be allowed, and the certificate filed. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated that during the last meeting the City Manager read the report of the City Engineer with reference to Par- adise Creek drainage, and he has personally considered some of the legal problems raised by that report. After discussing the matter with the City Manager, it appears that the thing to be ascertained now is whether or not one of the proposals is legally possible. From the examination the City Attorney has made, it appears that it is legally possible, and it is recommended that the City Manager and the City Engineer proceed with the required tests and other work supplementary to the report, and the City Attorney at the same time can go further into the legal problems involved, the various means of setting up the whole project, and possibly consultation with re- ference to certain economic feasibility on certain phases. The Attorney feels that the matter should be continued by the City Man- ager, City Engineer and himself. Moved by Heck, seconded by Fessman, that the Attorney's recommendation to authorize the City Manager and the City Engineer to proceed with Proposition "C" of the drainage problem be continued. Carried, all the Council present voting aye. ATTORNEY CURRAN referred to the letter of February llth from the District Engineer of the Board of Fire Underwriters of the Pacific, and it is his opinion that if this matter had been referred to the Legal Department of the Fire Underwriters rather than to the Engin- eering, we might have had an entirely different reply. It is appar- ent to the Attorney that the letter indicates the Fire Underwriters have lot yet been apprized of the seriousness of the implication of the decision in the case of Agnew vs City of Culver City. Section 1 of the proposed Fire Code of 1957 contains language which is sub- stantially equivalent to language used in the Culver City Ordinance which was specifically found to be invalid by the District Court of Appeals. The case raises some vtry real problems as to how cities may proceed in these matters, not only with reference to our Fire Prevention Code, but you have identical problems with reference to the Electrical Code, Building Code, and the Plumbing Code. The 2/26/57 232 matter is one which will probably receive further attention at the present session of the State Legislature and Mr. Curran stated he will continue to watch the situation, and if anything arises in the Legislature which will be of interest to the City, he will advise the Council. Moved by Heck, seconded by Fessman, that the City Attorney be instructed to write a letter to the Legal Department of the Fire Underwriters Bureau requesting the same information as was directed to the Engineering Department of the Fire Underwriters Bureau. Carried, all the Council present voting aye. COi,4MUNICATION FROM SOUTHERN CALIFORNIA COUNCIL OF OUTDOOR ADVERTIS- ING in regard to Senate Bill 666, was read. CITY CLERK ALSTON recommended this be referred to the Planning Commission. Moved by Hollingsworth, seconded by Heck, that the recommendation of the City Clerk in regard to outdoor advertising be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY requesting ap- pointment of a representative for Water Problems Committees, and a report regarding the preliminary schedule for the second aqueduct was enclosed. CITY CLERK ALSTON recommended that the report be re- ferred to the City Attorney and the City Manager. Moved by Hollings- worth, seconded by Fessman, that the entire letter be referred to the City Manager and the City Attorney for study and report back to the Council. Carried, all the Council present voting aye. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by nee Sixteen Club, 1621 McKinley Avenue, was presented. REPORT FROM CHIEF OF POLICE stated that investigation discloses no grounds for protest of this application. Moved by Hollingsworth, seconded by Heck, that the application be filed. Carried, all the Council present voting aye. COi4:,M1JNICATION FROM JOINT INTERIM COMMITTEE ON TRANSPORTATION PROB- LEMS was read stating that the Division of Highways is required to submit a comprehensive reoort of State highway, county road, and city street needs to the United States Bureau of Public Roads. Within a short period of time your City will receive a request for such information from the Division of Highways, and it is urged that you give the request prompt consideration and attention. This survey, which is required by the Federal Government, asks for road and street needs in your area projected to the year 1971. COUNCIL- WOMAN HOLLINGSWORTH asked the City Manager if he has not already complied with this request. CITY MANAGER BIRD stated we have com- plied in the original of deficiency. In cooperation with the En- gineering staff, we made up a complete list, however, they wish to project it to 1971. Moved by Hollingsworth, seconded by Fessman, the request be referred to the City Manager and the City Engineer for further disposition. Carried, all the Council present voting aye. APPLICATION TO MOVE A BUILDING by the Girls' Club, was presented. The building is to be moved from 702 Highland Avenue to 300 E. 15th Street. Moved by Fessman, seconded by Heck, that permission be granted. Carried, all the Council present voting aye. COUNCILMAN HECK stated he just received the Building Department's recommendation, and one of the rccemrnendations is for the installation of an outside fire escape. Mtoveo by Heck, seconded by Fessman, that in conjunction with the motion just passed on the application of the Girls' Club to move a building from 702 Highland Avenue to 300 E. 15th Street, that the &Aiding Department's recommendations be required. Carried, all the Council present voting aye. COMMUNICATION FROM CITY TREASURER HOLGATE was read requesting that a refund of $16.00 be made to E. M. Thomson, 2432 Prospect Street, 2/26/5 7 233 National City. Mr. Thomson lived in National City and then moved to this address which is in the County and he had paid severalbills. No sanitation service has been rendered, and it is recommended that the money be refunded. Moved by Hollingsworth, seconded by Heck, that the City Treasurer's request be granted. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY CLERK ALSTON stated she had a communication from the California Roadside Council in regard to Senate Bill 666 and recommended it be referred to the Planning Commission. Moved by Heck, seconded by Hollingsworth, that the recommendation of the City Clerk be followed. Carried, all the Council present voting aye. COMMUNICATION FROM LIONS CLUB was read requesting us of the Park Bowl and adjacent area for the annual Fourth of July ;;elebration, Jt.1y 3rd and 4th. Moved by Fessman, seconded by Heck, this be re- ferred to the City Manager and Park Supt. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of an application to the Public Utilities Commission by the San Diego Transit System for a new Certificate of Public Conv•::nience and Necessity to consolidate its present stage operative rights, and recommended it be referred to the City Manager and City Attorney. Moved by Hollingsworth, seconded by Fessman, that the recommendation of the City Clerk be followed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the Cleveland Avenue project should be completed tomorrow; that the Hoover Avenue project started yes- terday; that the "D" Avenue improvement should start this week; that the 26th Street improvement should start next week; and that the plans and specifications for the 24th Street improvement have been submitted to the State Highway and we should have approval with- in a month. CITY ENGINEER LILL stated that the contracts outstanding as of the present time for streets and miscellaneous work are approximately $150,000.00; possibly $100,000.00 should go to contract in the near future; and with the 18th Street and National Vista projects in the near future will be another $250,000.00 worth of construction. CITY MANAGER BIRD stated he is in receipt of the contract with the California Water & Telephone Company relative to the installation of the water line on Tidelands Avenue, and recommended it be re- ferred to the City Attorney. Moved by Heck, seconded by Fessman, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding aerial mapping was read, which stated that transmitted herewith is an invoice from the Aero Service Corporation in the amount of $8,435.00 for the aerial map- ping of the City. The amount of the invoice has been verified, and it is recommended that the work be accepted and the amount of the contract be paid. Payment is due in full upon acceptance of the work. It is noticed that the invoice provides a small discount if payment is made'by March 1. The contract does not provide such a discount. Moved by Hollingsworth, that the City Clerk ascertain whether the discount was intended, or whether an error, and if it was intended, and they want their money by March 1st that she ex- pedite the check taking the discount. Motion died for lack of a second. RESOLUTION NO. 6878 was read, accepting the work done by the AERO SERVICE CORPORATION pursuant to the Contract for the Aerial Photo- graphing and Mapping of the City of National City, and orders that payment for said work be made in accordance with said Contract. 2/26/57 234 Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart, Moved by Heck, seconded by Fessman, that the City of National City pay the bill of the Aero Service Corp. prior to March 1st and avail themselves of the discount. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD stated that the following bids were received for the Addition to the Shuffleboard Building: MORRISON-CHRISTENSEN BUILDERS, $4.592.00; AL E. RILEY, INC., $4,499.00; M & R CONSTRUCTION COMPANY, I NC . , :4, 264.00 ; ART A. GUSSA, $4,126.00. CITY MANAGER BIRD stated the bids were reviewed by the Supt. of Parks and himself and a resolution has been prepared for the award of the contract. RESOLUTION NO. 6879 was read, finding that the bid of Art A. Gussa 5n the amount of 44,126,00 is the lowest bid submitted on February 25, 1957, for ADDITION TO THE SHUFFLEBOARD BUILDING IN KIMBALL PARK, the bid is accepted and the Mayor is authorized and directed to ex- ecute the contract for the Addition to said Shuffleboard Building. Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. COMMUNICATION FROM L. BRUCE STALLARD, Appraiser, was read regarding 823 W. 23rd Street, Lots 5 to 10, inclusive, Block 279, excepting a portion of Lot 5. The owner of the above property, Archie C. Norman desires to do extensive improvement to the building at the above address, which will include new concrete floors, dock height over the area for approximately 18,000 square feet, and the proposed leasee for the building requires a dock along the westerly side of the building with a load bearing capacity sufficient to handle ex- tremely heavy loads. There is an existing wooden dock approximately nine feet in width, and it is Mr. Norman's desire to reola e this dock with a concrete dock. The purpose of this letter is/P?ocure the necessary permission from the City for the erection of the con- crete dock along the westerly side of the building. The Engineering Department of the City made a good recommendation, i.e, that we put in a private spur in the location of the existing dock in lieu of the concrete dock. However, the Santa Fe Railway advises that they require 21.0' of clearance between the center line of the existing lead track and the proposed spur; and there is not room for the spur. Permission is requested to erect the concrete dock. CITY MANAGER BIRD stated we have started preliminary investigation. This site is at the corner of 23rd and Harrison Avenue, and it was the prop- erty of the Sweetwater Fruit Exchange Company. Permission was grant- ed by a former City Council to erect a wooden platform out over City property. The concrete dock which they propose to erect on the westerly side of the property is nine feet out in public property, namely Harrison Avenue, and we do not know when it was built. At the present time, we find no closing of any portion of Harrison Avenue between 23rd and 22nd Streets. Mr. Bird stated he is not yet sufficiently acquainted with all of our records to make a recom- eend',tio:en at this time on the request, because if there has been no prevous action taken to close the street, it actually involves granting Private enterprise the use of Public property. Moved by heck, se onded by Fessman, that the City Manager be granted more time for recommendations to the Council, with particular reference to see if we cannot revoke permits for using public thoroughfare over 23rd Street and over Harrison Avenue at that point. Carried, all the Council present voting aye. 2/26/57 235 CITY MANAGER BIRD stated that because of conditions beyond our con- trol he will present at the next Council meeting for the Council's approval a transfer of funds increasing the budget of Building Services. We are going to need approximately $400.00 toreplenish breakage of the cooking utensils, etc. in our Community Building Kitchen. A resolution will also be prepared for transfer of ap- proximately $4,000.00 from the General Fund to the Special Street Fund, because the money that was received as a deposit from Mr. Fritz on the Euclid Avenue job was placed in the General Fund and must be transferred to the Special Street Fund so that bill will be accounted for. COMMUNICATION FROM DON E. NORMAN, Associate of Charles E. Anderson, was read stating it is requested that an extension of time be granted on the zone variance recently permitted on the property located on the Northwest corner of 10th and Highland. Due to unforseen cir- cumstances the building program has not materialized as rapidly as previously anticipated. Moved by Heck, seconded by Hollingsworth, that it be referred to the Planning Commission. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINSSWORTH stated it is her understanding that this permit had a 90 day time limit. CITY PLANNER STOCKMAN stated it was a 90 day time limit, and expired as of February 18th. COUNCILWOMAN HOLLINGSWORTH asked the Attorney if a new zone variance would be required since the present time limit has expired. ATTORNEY CURRAN said he did not have the section of the ordinance in mind well enough to answer that question without referring to the ordinance; in the event that it has already expired, it may be too late for action, but that would depend upon the or- dinance. Moved by Hollingsworth, seconded by Heck, that it be re- ferred back to the Planning Commission with recommendation that they secure a legal opinion. Carried, all the Council present voting aye. COUNCILMAN HECK asked for permission to be absent from the Council meeting of March 5th. Permission was granted. MAYOR HODGE stated that next Saturday evening at the Community Building in Balboa Park there will be a banquet celebrating the Centennial of the Overland Mail Contract, and all the Council are invited. Moved by Fessman, seconded by Hollingsworth, that the meeting be closed. Carried, all the Council present voting aye. Meeting clos- ed at 2:35 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CI , CALIFORNIA