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HomeMy WebLinkAbout1948 11-03 CC MIN110 National City, California, November 3, 1948 Regular meeting of the City Council was called to order by Mayor Gilbert E. Fritz at 7:30 o'clock P. M. Councilmen present: Adams, Curry, Matthews, Thatcher, Fritz. Councilmen absent: None. Moved by Adams, seconded by Thatcher, that the reading of the minutes of the regular meeting of October 19, 1948, and the ad- journed meeting of October 26, 048, be dispensed with. all Councilmen present voting aye. Carried, ADMINISTRATIVE OFFICIALS present: Campbell, Dickson, Gautereaux, Ireland, Vansant, Rogers. BILLS AUDITED by the Finance Committee presented: General Fund Street Fund Park M & I Fund Capital Outlay Fund 1946 Sewer Fluid TOTAL $1,360.62 2,115.19 60.26 375.97 Moved by Curry, seconded by Adams, that the bills be allowed and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays: None. RESOLUTION NO. 4819 was read, authorizing $375.97 to be paid from the Capital Outlay Fund as follows: National City Electric Works, $4.92, for the Park; Independent Pneumatic Tool Co., $371.05, for the Street Department. Moved by Adams, Seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending that the following requests be granted: J. R. Snoddy, for a special 111 permit to operate an eadsting apartment house in R-1 Zone on Lot 11, Waters' Sub.; Joseph M. Alotta for a special permit to operate a furniture upholstering shop; part in C-2 District and part in R-1 District. E 60i of W 90' of S 111' of N 226', 80 Acre Lot 2, + Section 130, east side of Palm Avenue in 400 Block; the follow- ing petition was denied: V. R. Babcock for a special permit to build a new addition to Hillcrest Manor Sanitarium; Si of We, 10 Acre Lot 3, * Section 153; also described as Si of Block between 18th and 19th Streets and National and "A" Avenues; that the City continue with their present plan to acquire property by quiet title action. Moved by Matthews, seconded by Adams, that the reporibe accepted. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICER DICKSON reported that according to the pro- visions of the new Zoning Ordinance, the Council must wait 15 days before acting on reports from the Planning Commission for zone variances. PETITION signed by 24 property owners was presented, which re- quested the installation of a street light at 8th Street and "N" Avenue. Administrative Officer Dickson recommended installation of the light. Moved by Thatcher, seconded by Matthews, that the utility company be notified by the City Clerk to install the light. Carries, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays: None. COMMUNICATION FROM CHAN NOBLE, Police Officer, expressing his appreciation for the leave of absence which was granted him by the Council, was read and ordered filed. RESOLUTION NO. 4820 was read, authorizing Mayor Gilbert E. Fritz to enter into a contract with the U. S. Navy for sewer services to the Navy for the fiscal year July 1, 1948-June 30, 1949. Moved 112 by Thatcher, seconded by Matthews, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 4321 was read, authorizing Mayor Gilbert E. Fritz and Frank W. Rogers, City Clerk, to sign the Freeway Agreement with the State Division of Highways. Moved by Matthews, seconded by Thatcher, that the Resolution be adopted. Carried, all Council- men present voting aye. RESOLUTION N0. 4822 was read, authorizing the employment of Stephen B. Robinson and Louis H. Burke as special Counsel for the preparation of a proposed City Charter. Moved by Adams, seconded by Curry, that the Resolution be adopted. Carried, all Council- men present voting aye. COMMUNICATION FROM HIGHLAND AVENUE BAPTIST CHURCH was read, rela- tive to surface water on their property. ADMINISTRATIVE OFFICER DICKSON reported that he had referred the communication to the City Engineer, for a report on same, which was read. Mr. Dickson stated that whatever action the Council took, would be a matter of precedent and policy. COUNCILMAN MATTHEWS stated that the property owners are all willing to have the street opened. Moved by Matthews, seconded by Adams, that the matter be laid over until the next meeting. Carried, all Councilmen present voting aye. REPORT FROM BLDG.INSPECTOR 3AMES A. BIRD was read, in which he stated that John L. Diehl had decided not to reconstruct a build- ing at 2121 Eleventh Street, about which neighbors had complained. Moved by Curry, that the building permit fee of $2.00 be refunded to Mr. Diehl. Attorney Campbell suggested that a hearing be held at the next Council meeting pertaining to the conditional exception granted Mr. Diehl, and that Mr. Diehl be notified in regard to the hearing. Moved by Matthews, seconded by Adams, that the 113 Attorney's suggestion be carried out. Carried, all Councilmen present voting aye. ORDINANCE NO. prohibiting the use of alcoholic beverages in the City Park, was presented for the second and final reading. Moved by Thatcher, seconded by Matthews, that only the heading be read. Carried, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays: None. ORDINANCE NO. 753 was read, AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROHIBITING THE POSSESSION, USE, SALE 0R CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE CITY PARK IN NATIONAL CITY. Moved by Adams, seconded by Thatcher, that the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays:' None. ORDINANCE NO. Prohibiting the filing of false crime reports, was presented for the second and final reading, Moved by Adams, seconded by Curry, that only the heading be read. Carried, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays: None. ORDINANCE NO. 754+ was read, AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROHIBITING THE FILING OF FALSE CRIME REPORTS WITH THE POLICE DEPARTMENT OF THE CITY OF NATIONAL CITY, CALIFORNIA. Moved by Thatcher, seconded by Matthews, that the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Adams, Curry, Matthews, Thatcher, Fritz. Nays: None. REPORT FROM ENGINEER IRELAND was read, recommending that the bids for the three sewer latera) jobs be awarded separately and that concrete pipe be used for the construction of same. COUNCILMAN MATTHEWS reported that since the last Council meeting, he and Administrative Officer Dickson had contacted Supt. of Sewers of San Diego and learned that San Diego does not use concrete pipe, nor does the Navy. Alsq he was informed the clay pipe would last approximately fifty years, whereas the life of the concrete pipe is from twenty to thirty years, with a saving in the purchase cost of only 4 3/10% approximately of the total job. RESOLUTION NO. 4823 was read, authorizing the use of vitrified pipe for the construction of the three sewer lateral jobs. Moved by Matthews, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. COUNCILMAN ADAMS stated that Ed. James was present and would like to hear his sentiments in regard to the expenditure of the Cityts money for the lateral sewers. MR. JAMES stated that the citizens have a lot at stake, when the money is to be used for lateral sewers and there is no guarantee that it will ever be repaid. MAYOR FRITZ stated that the money is a loan and there will be a connection charge of a possible $200.00, and there are approximately 2100 immediate connections. MR. JAMES inquired as to the method compelling the people to connect to the sewer. ENGINEER IRELAND stated there is a City Ordinance making it a misdemeanor if the connection is not made within a year. MR. JAMES was doubtful whether the citizens are willing to assume such obligations, as someone might take exception. MAYOR FRITZ stated that anyone not complying with the Ordinance is breaking the law. MR. JAMES stated that the people should have something more definite before the money is expended. There should be a lien or something more substantial. MAYOR FRITZ stated that the City is trying to save the people money, and thought it was a very progressive move. If the work is done under the 1911 Act, the cost to the people will be 20 to 30 per cent increased. MR. JAMES stated that he wants 1.t5 a safe guard for the return of the money. ENGINEER IRELAND stated that the City Ordinance governs the connection, or a $300.00 fine, or six months in jail, is the penalty. CHARLES ANDERSON inquired whether the people would be charged for frontage or connection. ENGINEER IRELAND stated that the people would be charged for each connection. MR. JAMES stated that the citizens want security for the return of the money. MAYOR FRITZ asked Mr. James what was more important to a City than sewers. MR. JAMES stated that water was probably more important. CHARLES ANDERSON stated that he was present to get information and that he and the Realty Board are definitely with the City on the deal. Mr. Anderson further stated he has had a lot of experience with the 1911 Act, and that it is very long, tiresome and costly. MR. IRELAND stated that Mr. Foster of Carroll & Foster, Contractors, was present and would like to hear from him. MR. FOSTER stated that'a cash job is from 25 to 35% lower than a job which goes to bond. He stated that he. has just completed a bond job on'sewers in Lemon''Grove and the bid was $4.00 per foot, whereas the National City bid is $2.83,per foot. MR. JAMES inquired' whether this would'sewer'the entire City. ENGINEER IRELAND stated there is portion from Palm to Granger North of 16th Street and South of 12th-Street,•which will have only a trunk line through the valley. MR: JAMES inquired whtit isn't put to the vote of the people. 'MAYOR FRITZ'stated that the people voted $375,000.00 for -trunk line sewers on a'boad'issue. MR. FOSTER stated there are no laterals on this job, just a main line, as the contractor does not work on private property. MR. JAMES stated that the City is obligating the people without their vote. ADMINISTRATIVE OFFICER DICKSON stated that from our angle, it is the only way. The Assessor will increase the value of the property when the connections are made, which will give the City 116 return revenue. MAYOR FRITZ stated that eventually the money will all be returned to the City. MR. JAMES stated the City is will- ing to spend the people's money, but not realistic as to the manner of getting it back. COUNCILMAN MATTHEWS stated that he sees quite a few flaws and feels that the 1911 Act would be the most fair, and the City to buy the bonds. MAYOR FRITZ asked Councilman Matthews if he would like to see the property owners pay 25 to 30 per cent more for the work. ATTORNEY CAMPBELL stated that it is a long cost to the property owners under the 1911 Act, even though the City buys the bonds. ADMINISTRATIVE OFFICER DICS- SON stated that the City will lose some money, if the work is done under the 1911 Act and the City buys the bonds, as there are always some property owners that will not pay. COUNCILMAN MATTHEWS questioned the legality of the City loaning the money. MAYOR FRITZ stated that the City Attorney says that it is legal. Mayor Fritz further stated that he believes that the City is losing money by not having sewers. That we will no doubt have the biggest building boom the City has ever experienced, when the sewers are completed. COUNCILMAN ADAMS stated that he doesn't want the Municipality engaged in litigation with the tax payers. MR. ANDERSON stated that the Realty Board is not in on any law suit against the City. TOM LEONARD was present and stated that he had been informed that it is illegal for the City to spend Capital Outlay money for utilities. COUNCILMAN MATTHEWS stated that 9 out of 10 sewer projects are put in under the 1911 Act. MAYOR FRITZ stated that the cost of a septic tank and cess pool would be more or equal to a connection fee. COUNCILMAN ADAMS thought the issue should be compromised. COUNCILMAN MATTHEWS asked Attorney Ed. Campbell whether the City could buy the bonds under the 1911 Act, to which Mr. Campbell affirmed. ED CAMPBELL stated that he ]17 has been instructed to file action, if the lateral bids are awarded as the City cannot spend Capital Outlay money for utilities, There will be no injunction, as it is an illegal action. COUNCILMANN MATTHEWS inquired if the contracts are awarded, whethar the con- tractors would have recourse on the City. MR. FOSTER stated that if the contracts were awarded, the contractors would file a test suit before the work is started, for their own protection. MOVED BY CURRY that the matter be referred to the Attorney to ascertain whether it is legal for the City to purchase the bonds under the 1911 Act. MR. FOSTER stated there is no market for 1911 Act Bonds, that the City obligates the money to buy at par, and the contractors would have to submit a much higher bid for the same work to be done under the Act. COUNCILMAN ADAMS'stated that he is in favor of awarding the contract to protect the price. COUNCILMAN MATTHEWS feels that the City is asking for a lot of trouble by not having the work done under the 1911 Act. MAYOR FRITZ called for a motion. RESOLUTION N0. 4824 was read, awarding the contract for sewer lateral job No. 1, to C. J. Dorfman in the amount of $259,390.20. Vitrified sewer pipe to be used on same. Moved by Mayor Fritz, seconded by Thatcher, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION N0. 4825 was read, awarding the contract for sewer lateral job No. 2 to Carroll and Foster, in the amount of $234,794.11. Vitrified sewer pipe to be used on same. Moved by Thatcher, seconded by Adams, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 4826 was read, awarding the contract for sewer lateral job No. 3 to Walter H. Barber and H. R. Breeden, in the amount of 118 $181,103.46. Vitrified sewer pipe to be used on same. Moved by Matthews, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 4827 was read, accepting a grant deed for street purposes only from Inez Elaine Bragdon, on the following described property: W 10' of E 320' of S 250' of N 290' of 20 Acre Lot 1, } Section 132. Moved by Thatcher, seconded by Adams, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 4828 was read, accepting a grant deed from David W. and Margaret E. Bird, for street purposes only, on the follow- ing described property: W 12' of 5 25' of N 55' and the E 13' of W 25' of N 55' of SE * of * Section 132. Moved by Curry, seconded by Adams, that the Resolution be adopted. Carried, all Council- men present voting aye. COMMUNICATION FROM ALBERT 0. EDWARDS, 1133 "C" Avenue, was read, requesting permission to remove a tree in his parkway in order to construct a driveway. Moved by Adams, seconded by Thatcher, that Mr. Edwards be granted permission to remove the tree at his own expense. Carried, all Councilmen present voting aye. COMMUNICATION FROM ENGINEER IRELAND was read, submitting his request for retirement effective January 1, 1949. Moved by Adams, seconded by Thatcher, that the resignation be accepted, and the City tender Mr. Ireland a vote of thanks and gratitude for his long and faith- ful service. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICER DICKSON reported that Park Supt. Gautereaux would like authorization to sell soft drinks and candy bars at the Community Building for City sponsored activities. 119 RESOLUTION NO. 4829 was read, authorizing Park Supt. Gautereaux to sell soft drinks and candy bars at the Community Building for City sponsored activities. Moved by Thatcher, seconded by Adams, that the Resolution be adopted. Carried, all Councilmen present voting aye. COMMUNICATION FROM THE CALIFORNIA STATE DISASTER COUNCIL was pre- sented. MAYOR FRITZ suggested that copies be made and presented to each Councilman at the nest meeting. COUNCILMAN ADAMS inquired whether the report was ready on private sewers. ADMINISTRATIVE OFFICER DICKSON stgted that he will submit his report at the next meeting. MR. EVERETTS, 2034 East llth Street, was present in regard to a fence his neighbor is constructing which is not on the neighbors' property line. Mayor Fritz suggested that the matter be referred to Street Supt. Finnerty. Moved by Thatcher, seconded by Matthews, that the meeting be closed. Carried, all Councilmen present voting aye. ATTEST: CITY CLERK`