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HomeMy WebLinkAbout1956 12-04 CC MINNational City, California, December 4, 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, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Erny. Moved by Heck, seconded by Hart, that the minutes of the reg- ular meeting of November 27, 1956, be approved. Carried, all the Council present voting aye. Moved by Hollingsworth, sec- onded by Fessman, that the minutes of the adjourned meeting of November 28, 1956, be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Councilman Heck abstained from voting. RESOLUTION NO. 6804 was read, vacating the E 10' of the east half of "J" Avenue lying between the north line of Fourth Street and the Westerly extension of the north line of Water's Subdivision. Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6805 was read, accepting certain real property described in Grant Deed dated October 20, 1956 executed by LESTER W. KNAPP and ETHEL KNAPP. Moved by Heck, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. Resolution No. 6806 on page #` 156. RESOLUTION NO. 6807 was read, "RESOLUTION OF INTENTION NO. 6807, IN THE MATTER OF CONSTRUCTION OF STREETS AND IMPROVEMENT OF HOOVER AVFNUE FROM THE CENTERLINE OF EIGHTH STREET TO THE CENTERLINE OF THIRTEENTH STREET". The hearing is set for Wednesday, December 26, 1956, at 2:00 P.M. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6808 was read, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED ("1" AVENUE)". Moved by Heck, second- ed by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6809 was read, "RESOLUTION DESIGNATING NEWSPAPER ("I" AVENUE)". Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present vot- ing aye. RESOLUTION NO. 6810 was read, "ADOPTING PREVAILING WAGE SCALE FOR THE IMPROVEMENT OF "I" AVENUE". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. ELZER HARWELL, 841 E. 28th Street, was present in regard to the petition submitted to the Council at the last meeting rel- ative to sidewalks and curbs on 28th Street, and due to the fact that one member of the Council was absent the vote was tied so no action was taken, and asked that the matter be re- opened at this time, and some action taken. COUNCILMAN HECK stated he checked the area and knows that the work was done according to proper engineering; it is a vast improvement to the area, and he cannot condone in having the sidewalks removed. 12/4/56 151 If Mr. Harwell feels that the engineering is not correct, there are a number of engineers in the field and if he can bring in proof that our engineering department is wrong, then possibly the Council should take action to correct this condition. JOSEPH A WERNER, 927 E. 28th Street, was present and stated that when a grade is changed, it is customary to notify the property owners, and this was never done, and it was their understanding that the contractor put in the improvements ac- cording to City grades, and would like to have this straightened out one way or the other. CITY ENGINEER LILL stated he will make the information available to anyone who so desires, and go over the plans in the engineering office. CITY MANAGER BIRD stated he met with the property owners involved, namely, Mr. and Mrs. Harwell, Mr. Werner, Mr. Chambers and Mr. Kircher and the the project was discussed. It was stated they had all contracted with Midway Contracting Company to install sidewalks, gutters and curbs. They were not satisfied with the job, and with the way the grade left their properties. At that time, feeling that there was possibly a ground of negotiation wherein the property owners on the street could come to a common meet- ing ground, he proposed to them that the City would raise the fences in front, that the City would fill the front yards and slope same, the City would correct the street condition by in- stalling a cross gutter on 28th Street on the east line of "I" Avenue; further that Midway Construction Company was to provide and install the ramps from the inside of the sidewalk into their property. He asked the four property owners what they wanted done and it was their opinion that they want the sidewalk torn out, they want permission to have it removed, and with that in mind the request which was presented at the last meeting was written and signed by the four property owners involved. There was a discussion regarding the improper installation of the sidewalk, especially at Mr. Harwell's property; there was also brought into being the fact that the curb and gutter had cracked, and in their opinion it was not a first class Job. They have received their bills from the Midway Construction Company, same have not been paid and they did not want to pay them until the City had accepted the installation. Subsequent to that, the City Engineer and himself sent a letter to Mr. harwell, Mrs. Chambers, Mr. Kircher and Mr. Werner, as follows: "Please be advised that the sidewalk and curb installed by the Midway Contracting Company at 841, 903, 909 and 927 E. 28th Street was installed to line and grade stakes set by the City, and that the work was inspected and is approved. Any additional fill required will be a matter between the City and the con- tractor". Moved by Fessman, that the request to remove the sidewalks be denied. COUNCILMAN HART thought perhaps it would be well to have an outside engineer's opinion in this regard. Motion seconded by Heck. CITY ENGINEER LILL asked that he be excused and go with Mr. Harwell and the others to the Engineer's Dept. to view the plans and report to the Council. CLIFFORD REED, member of Water Conservation Committee, was pre- sent and gave a report of the first meeting of the Committee. Mr. Reed said he was appointed to represent National City on the Organizations Committee. There will be another meeting December 10th. Councilman Fessman, and Councilman Heck withdrew their motion regarding 28th Street. BILLS AUDITED BY THE FINANCE COMMITTEE presented: 12l4/56 General Fund Traffic Safety Fund Park Fund Harbor Fund Spec. Street Fund Drainage Payroll TOTAL $19,660.42 2,478.18 3,724.12 893.33 5,385.00 34,111.87 $66,300.52 i51_ Moved by Hollingsworth, seconded by Hart, that the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COMMUNICATION FROM METROPOLITAN WATER DISTRICT in regard to the City's payment of taxes for the fiscal year. Moved by Hollingsworth, seconded by Fessman, that the City elect to pay 50%, as in the past, and that the Attorney prepare a res- olution for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT OF CITY TREASURER for October, 1956, was presented. Moved by Hollingsworth, seconded by Heck, that the report be filed. Carried, all the Council present voting aye. APPLICATION OF Mrs. Vera A. Jarvis to purchase tax deeded property at public auction, was presented. The property is Lots 19 to 22, Block 1, Bach and Shaules Addition, between 7th and 8th Street, and "Q" and "R" Avenue. She deposited the minimum bid, the amount of $480.00. CITY CLERK ALSTON suggested that it be referred to the City Manager. Moved by Hollingsworth, seconded by Hart, that it be referred to the City Manager and City Engineer for a report. Carried, all the Council present voting aye. ANNUAL REPORT OF CITY AUDITOR BONNELL for 56 was presented. Moved by Hollingsworth that the report be approved, and referred mittee. Carried, all the Council present the fiscal year 1955- , seconded by Hart, to the Finance Com- voting aye. COMMUNICATION FROM COUNTY OF SAN DIEGO BOARD OF SUPERVISORS was read stating that the Board of Supervisors on October 30th ordered cancellation of taxes on the S. 49.02' of Lot 3, Block 1, Paradena Park. All State and County taxes for the year 1956-57 levied and now constituting a lien against the property have been ordered cancelled. CITY CLERK ALSTON reported she received a map from the San Diego County Boundary Commission showing property that the City of Chula Vista intends to annex, and this was referred to the City Engineer for checking. CITY ENGINEER LILL states that the an- nexation is on the east side of Chula Vista and does not affect the City of National City. MAYOR HODGE stated that in the last meeting, an application of Andrew L. Johnson to move a the motion was tied, so it will be necessary the Council at this time. Moved by Fessman, that the application be denied. Carried, by to -wit: Ayes: Fessman, Heck, Hollingsworth. Hodge. the Council had building, and to present it tp seconded by Heck, the following vote Nays; Hart, COPY OF COMMUNICATION FRJM CIVIL SERVICE COMUIISSION addressed to Chief J. C. Bailey, Fire Department, was read, stating all 12/4/56 151 members of the Civil Service Commission appreciate his inform- ing them of the training program that is well designed to keep our City Fire Department modern and efficient. CITY ENGINEER LILL stated the property owners on 28th Street and himself talked over the problem, and they were shown the existing street and curb grade, and according to our ordinances the position of the sidewalk and the grade of the sidewalk is fixed. They were also shown that the worse point did exist at the intersection of "Itt Avenue and 28th Street, and there is no place for the water to go except south along "I" Avenue and north from the street into private property. Mr. Lill said at the present time he did not think they were contest- ing too much that the grade of the street had been changed, because from the City's information, it has not been changed. The question which arises now is will the City Allow them to remove the sidewalk as put in. Moved by Fessman, seconded by Heck, that the petition be denied. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Hart. CITY ENGINEER LILL reported that the traffic lights at Roosevelt Avenue and 8th Street, and Highland Avenue and 16th Street have been completed and are in operation. CITY ENGINTER LILL reported that the plans and specifications on "D" Avenue improvement from 24th to 30th Street have been completed and forwarded to the City Manager. CITY ENGINEER LILL stated in regard to the problem we have on curb grades on 28th Street; we are trying to alleviate this in the future. A form letter has been prepared for the prop- erty owners to submit to the City at the time the permit is obtained for curbs, to either accept the City's grades or do their protesting before the concrete is poured. MAYOR HODGE stated to the delegation from 28th Street, that inregard to a report from their own engineer, if they find that the City is in error, the City and the Council are here to make every correction they can. CITY MANAGER BIRD read a communication he wrote to Admiral Hartman regarding Olivewood Housing Project, which stated that he was directed by a majority vote of the City Council at an adjourned meeting on November 15th to request consider- ation of the releasing from the terms of our contract all that portion of the housing project located north of 24th Street and lying east of National Avenue and west of Highland Avenue inclusive. The prime reason for requesting the additional area to be released is that if the negotiations with the Nation al School District are consummated, the site preparation could be accomplished to the betterment of the area more so than any one portion. The portion as requested for a school site would mitigate against, rather than aid potential drainage problems. COMMUNICATI`N FROM ADMIRAL HARTMAN was read stating that the area requested is considerably larger than that previously re- quested for the school site and contains 275 units of the total of 844 units in the project, compared with the City's previous requests for release of 62 units. This latest request is of serious concern in view of the large increase in the number of units requested for release and the impact upon Navy families if these units were removed in the foreseeable future. The housing shortage is as critical now as at any time since the Korean war. The population growth indicates that the present situation will become more, acute within the next year unless 12/4/56 J 154 considerable additional housing is provided. This situation has prompted Admiral Hartman is strongly recommend to the Navy Department that additional Navy housing be provided in this area, which, if approved, would require one and a half to two years to become a reality. In the meantime, it is imperative that the Navy retain all housing facilities that can be utilize'l, such as this particular section of Olivewood, and cannot at this time concur in the request to release all of these 275 units. However, as previously indicated, he is willing to con- cur in the release of the site originally requested contain- ing 62 units, for school purposes, if the City so desires. COUNCILMAN HECK said he thought before we make a determination and tell the school whether or not the Council can release the property to them, he would like to have the Attorney check and ascertain whether or not we definitely have to request permis- sion from the Commandantls office for release of the property. It is his understanding there is a court case of record in Spokane, Wash. which definitely provides that when the property is sold, it is sold in fee simple, and there are no "strings tied" where you have to request any particular body whether or not it can be released. If the City has the right to dispose of the property, it would probably be best that we start an orderly disposal of those houses. Moved tly Heck, seconded by Hollingsworth, that the Attorney make the necessary research of the Spokane, Wash. case. COUNCILMAN FESSIVIAN asked if the City has a contract with the Navy. ATTORNEY CURRAN stated the contract is not with the Navy, it is with that branch of the Federal Government from whom the property was secured, and the title of that organization is Public Housing Administration. COUNCILMAN FESSiMAN said the Navy is still administering the contract, and any negotiations we have had have been with them, and if we have a contract with the Navy he personally would not want to see it abrogated in any way at all. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Fessman, Hart. Moved by Hart, seconded by Fessman, that the School Board be denied the land in the Olivewood Housing; give them the answer "no". Motion lost by the following vote to -wit: Ayes: Fessman, Hart. Nays: Heck, Hollingsworth, Hodge. CITY &IANAIER BIRD stated on May 22, 1956 he addressed a com- munication to the Council regarding drainage. At that time he pointed out the problem of Paradise Creek and the various phases, which in his opinion, he thought was necessary. Sub- sequent to that time, he made some research, as the communicat- ion was favorably commented upon in the May meeting in regard to consultant engineers vs our own engineering in the overall drainage problem. MEMORANDUM FROM CITY ATTORNEY CURRAN was read stating that in view of the funds now available for drainage, it is his opinion that the City Council should take immediate steps to have plans and specification prepared for whatever project is the most needed at the present time. In making the determination, we should keep in mind that we have received formal notice from at least one property owner on National Avenue that the City will be held responsible unless steps are taken to remedy the present drainage situation on National Avenue. In the event that our Engineering Department is unable tq devote time to this problem to turn out plans and specific- ations in a resonably short time, the problem is of sufficient importance to the City that serious consideration should lie given to the engaging of private engineers to proceed at once. CITY MANAGER BIRD stated that upon receipt of this Apinion from the City Attorney, he discussed this problem quite thoroughly with, and sent a letter to our City Engineer which stated he would like City Engineer Lill to set forth in step plan, the 12/4/54 155 proposed method and essential details as to how to handle our major drainage project. REPORT FROM CITY ENGINEER LILL was read, stating that City Manager Bird divided this project into three sections, as follows: 1. Bottleneck at 16th Street and National Avenue. 2. Channel from vicinity of National Avenue to Montgomery Freeway. 3. Channel from Highland Avenue to Harbison Avenue. It is agreed that the first item requires the most urgent at- tention and that the second and third items should be handled as soon thereafter as possible. The pr000sed schedule is as follows: 1. Relie'e existing condition at 16th Street and National Avenue. Prepare plans and specifications, Dec., 1956 to April, 1957, Construct Project: June - October, 1957. 2. Channel from vicinity National Avenue to Montgomery Free- way: Prepare plans and specifications: 1957. Construct pro- ject: As funds are available. 3. Channel from Highland Avenue to Harbison Avenue: Prepare plans and specification: 1957. Construct project as funds are available. It is proposed that these projects be handled by the City Engineering Department by: (A) adding additional full time or part time engineering personnel as deemed necessary. (B) authorizing additional overtime for engineering department personnel. One engineer and two engineering draftsment should be employed, if available. Overtime should be allowed to a maximum of 20 hours per week per permanent employees. The essential details concerning the engineering procedure for these projects are as follows: 1. Determine gradient of improved channel and structures. 2. Determine capacity required. 3. Determine location of improvement, obtain rights of way and prepare plans and speo- ifications. CITY MANAGER BIRD recommended that the Council authorize the City Engineering Department to proceed immediately with the plans on phase one, phase two and phase three and the construction of phase one, as soon as it can possibly be done. Moved by Fessman, seconded by Heck, that the City Manager's recommendation be allowed, and that Roosevelt Avenue from 16th Street should be provided for so that it can be eventually opened through to 24th Street, or farther, as the occasion arises; therefore, the drainage structure that is placed at 16th Street under National be included to go under West Avenue and under Roosevelt, so that Roosevelt Avenue will not be block- ed at some future date when we find it necessary to open it. Carried, all the Council present voting aye. COUNCILMAN HART excused. CITY MANAGER BIRD stated sometime ago there was a request from the Federal Government regarding access on 29th Street which was referred to the Planning Commission and then back to the Council. It was then referred to the City Manager, the Planner and City Engineer Lill. REPORT FROM CITY MANAGER BIRD was read regarding access to Federally owned lands westerly and adjacent to Olivewood Housing Project, west of National Avenue. It is recommended for the Council's consideration the granting of a revokable access permit to this federally owned property known as Parcel 1 and Parcel 1-A. Said access to be through Olive - wood Housing on what is known as the existing Wcst 29th Street. Further, that the City Attorney be authorized to draft said revokable permit, and the City Engineer be authorized to pre- pare the description of the boundaries of said access route. Said permit to embody termination clause; also to provide term- ination clause upon due notice. Also said permit to provide that upon termination other access willbe provided. The U. S. Government is desirous of disposing of this property, and the City is desirous of having the property placed back on the tax 12/4/54 156 roll and made usable for commercial purposes. It is believed that such a revokable permit will be acceptable to the Govern- ment officials involved in the handling of these lands; also it will protect the City of National City's existing rights and those potential rights in the desired re-establishment of that section of the housing area, if and when it is disposed of. CITY MANAGER BIRD said that in discussing the matter with the Government people, they seemed to feel that if they had such a revokable permit it would increase their value; they appraised that property at approximately $15,200. an acre. If our City Attorney, would draft such a revokable permit, protecting the City in the ultimate realignment of Olovewood west of National Avenue, they would be willing to accept it and sell the property at public auction in the near future. Moved by Fessman, seconded by Heck, that the City Manager's recommendation be allowed. Carried, all the Council Present voting aye. COMMUNICATION FROM PARADISE VALLEY SANITARIUM AND HOSPITAL was read, thanking the Council for the permit granted for the parking lot. CITY MANAGER BIRD reminded the Council of the meeting on Wednesday, December 12th at 7:00 P.M. at Chula Vista Civic Center, in regard to the hearing with our consultants. The purpose of the meeting is to present the preliminary master plan for the industrial development of the South Bay Region. COMMUNICATION FROM CITY MANAGER BIRD was read stating that he has accumulated three vacations as follows: 1953-54, 1954-55 and 1955-56, of which he has had one day. It is requested that he be granted vacation leave beginning December loth to December 1Lth inclusive. B. J. 3autereaux, Housing Director, will be Acting City Manager in his absence; and Mrs. Bella Bussey, Purchasing Clerk, will be acting purchasing officer. Moved by Hollingsworth, seconded by Fessman, that the request be granted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the Travelers Indemnity Company has issued its Bond Number SD 357, Sidewalk License Bond, for Tessitore & Bulldis. It is recommended the bond be approved and filed. Moved by Heck, seconded by Fessman, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Fireman's Fund Insurance Group has issued an endorsement to a policy held by the City to in- clude a new Chevrolet Pickup Truck, and it is recommended the endorsement be approved and filed. Moved by Fessman, seconded by Hollingsworth, that the Attorney's recommendation be al- lowed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported in regard to the matter of Letts vs City of National City et al. The Superior Court of San Diego County has made its order enjoining the City from issuing a building permit to Ann Meyer Scott to construct any building on the property in litigation. The Building Department was advised of the making of this order, and it will be effective until further order of the Court. CITY ATTORNEY CURRAN stated there was referred to him the question raised by certain residents regarding the improvement of streets in the Richards Subdivision. Mr. Curran stated he has considered this problem and from the facts as they appear of record, it appears that the map of this Subdivision was duly approved by the City Council and that the lots in quest- ion were not sold to the present owners, who are raising the question, until several years later. It further appears that 12/!4./56 ti 15T the owners who are raising the question may, or may not, have a cause for action against Mr. Richards. It is not the funct- ion of the City Attorney to advise these property owners wheth- er they do or do not have these rights. It is something they should consult with the attorney of their choice. It seems clear that it is a matter the City does not presently have any interest in; therefore, it is the Attorneys recommendation that no further action be taken by any of the City officials with reference to the problem presented by these residents of the Richards Subdivision. RESOLUTION NO. 6811 was read, declaring the intention of the City to pay out of its municipal funds fifty percentum of the amount of taxes to be derived from the area of the Metropolitan Water District of Southern California within the City of Nat- ional City, as such amount of taxes shall be fixed in August, 1957 by Resolution of the Board of Directors of said The Metropolitan Water District of Southern California for the fis- cal year commencing July 1, 1957, and ending June 30, 1958. Moved by Hollingsworth, seconded by Fessman, that the Resolut- ion be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 6806 was read, 'RESOLUTION APPROVING ASSESSMENT DIAGRAI\,ii (FIFTH STREET)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Heck, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:L6 P.M. ATTEST. '\ 1 CITY CLERK MAYOR, CITY OF NATIONAL CITYgIFORNIA