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HomeMy WebLinkAbout1958 03-04 CC MIN258 National City, California, March 4, -1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hollingsworth, Hodge. Council members absent: Hart, Heck. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, Stockman, Gautereaux. The meeting was opened with salute to the Flag, followed by invo- cation by Rev. Erny. Moved by Hollingsworth, seconded by Fessman, the minutes of the regular meeting of February 25, 1958, be approved. Carried, all the Council present voting aye. COUNCILMAN HECK present. RESOLUTION N0. 7175 was read, accepting grant deeds from the follow- ing: Edwin A. and Marjorie Jarvis, dated September 10, 1957; Ray- mond E. and Faye Lemen, dated September 10, 1957; Sideney E. and Ara Belle Black, dated September 10, 1957; Thomas A. and Blanche Evans, dated September 10, 1957; Thomas A. and Blanche Evans, dated September 10, 1957; Homer R. and Nellie E. Hudson, dated September 10, 1957; Raymond 0. Summers and Elaine M, Summers, dated September 10, 1957; Marks H. and Mabel Anderson, dated September 10, 1957; Martin C. and Edith C. Morales, dated September 10, 1957; Maurice V, and Kathleen McCurdy, dated September 10, 1957; John P. and Leona E. cuatson, dated September 10, 1957; Ben and Jessie M. Glazner and Kate Glazner, dated September 10, 1957; Curtis A. and Fredrica B. Cox, dated September 10, 1957; Ralph and Josephine Mun- oz, dated September 10, 1957; Buel L. and Patricia F. Anderson, dated August 19, 1957; Marian Yaboinicky, dated August 24, 1957. Moved by Fessman, seconded by Hollingsworth, the Resolution be ad- opted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7176 was read, authorizing and approving the grant- ing of an Easement to San Diego Gas & Electric Company, and the Mayor is authorized and directed to execute a Right of hay agree- ment. Moved by Heck, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7177 was read, accepting grant deeds from the follow- ing: Leonard J. and Ethel L. Pierson, dated February 11, 1958; Jmes B. and Clara A. Miller, dated February 21, 1958. Moved by Eollingsworth, seconded by Fessman, the Resolution be adopted. Carrie., by the following vote to -wit: Ayes: Fessman, Heck, Hol - linLc .orth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD resorted that City Attorney Curran is in attend- ance at the Public IALities Commission hearing relative to the gas and Electric rates, t.'. ch he was by order of the City Council to so attend. 3/4/58 259 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $17,839.72 Traffic Safety Fund 5,171.75 Park Fund 43.47 Harbor Fund 559,75 Special Street Fund 323.00 Drainage Fund 278.84 Swimming Pool Fund 237.84 Right of Way Acquisition 200,00 Payroll Fund 37:074,80 TOTAL $61,729.17 Moved by Hollingsworth, seconded by Fessman, the Bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None, Absent: Hart. RESOLUTION N0. 7178 was read authorizing the payment of $44,121.82 from the Capital Outlay Fund to Teyssier & Teyssier, Progress Pay- ment No. 8 for swimming pool. Moved by Heck, seconded by Hollings- worth, the Resolution be adopted. Carried, by the following vote to wit: Ayes: Fessman, Heck, Hollingsworth, Hai ge. Nays: None. Absent: Hart. APPOINTMENT OF MEMBER TO SERVE ON DONoT WASTE WATER CAIVFAIGN was presented. Moved by Hollingsworth, seconded by Heck, it be laid over for another week. Carried, all the Council present voting aye. APPOINTMENT OF TWO MEMBERS ON THE PLANNING C011ESSION was presented. Moved by Fessman, seconded by Hollingsworth, that Dale Farris and Donald Jacquot be appointed to serve on the Planning Commission. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Hodge. Nays: None. Absent: Hart. COMMUNICATION FROM COUNCILMAN HART was read requesting he be ex- cused from attending Council meetings for three weeks as he will be out of the State. Moved by Heck, seconded by Hollingsworth, that Councilman Hart's request be approved, and he be permitted to leave the State. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a proclamation for the Mayor to sign, proclaiming the week of March 17-22, 1958, as Del\lolay week in National City, Moved by Fessman, seconded by Heck, the proclam- ation be authorized. Carried, all the Council present voting aye. CITY CLERK ALSTON reported there are 10,052 registered voters el- igible to participate in the election April 8th. CITY CLERK ALSTON presented the Affidavit of Publication of Notice of Filing Assessment and Hearing, Grove Street; Affidavit of Mail- ing Notice of Hearing on Assessment, Grove Street; Affidavit of 3/4/58 260 Posting Notice of Filing Assessment and Fixing Time of Hearing, Grove Street. Moved by Hollingsworth, seconded by Heck, the Af- fidavits be filed. Carried, all the Council present voting aye, CITY CLERK ALSTON presented the Affidavit of Posting of Nominees for Public Office; and Affidavit of Posting of the Election Officers and Polling Places in three conspicuous places for the April 8th election. Moved by Heck, seconded by Fessman, the Affidavits be filed. Carried, all the Council present voting aye, CITY CLERK ALSTON presented the Affidavit of Publication of the Assessment of 18th Street; Affidavit of Mailing of Notice of Hear- ing on Assessment, 18th Street; Affidavit of Posting Notice of Fil- ing Assessment and Fixing Time of Hearing, l8th Street. Moved by Fessman, seconded by Heck, the Affidavits be filed. Carried, all the Council present voting aye, CITY ENGINEER LILL reported in regard to the McKinley Avenue im- provement, the contractor is placing grades; the 0, D. Arnold Sub- division paving is proceeding; the contractor has started work on the 1911 Act Improvement of 17th Street; the pavement has been in- stalled in the Anita Terrace Subdivision; the sewer is being in- stalled in the so-called4 19th Street easterly of Granger Avenue. REPORT FROIVI CITY ENGINEER LILL was read relative to the plans and specifications for the Tidelands Sewer Project. It is considered likely that the Santa Fe Railway Company will reimburse the City for their proportionate share of the cost of the gravity line on Tidelands Avenue, based on frontage served. The estimated cost of the work is S75,000.00 of which the Santa Fe Railway Company's share is approximately $11,000.00. It was recommended that the plans and specifications be adopted by the City and the City Clerk be author- ized to call for bids, said bids to be opened at 3:00 P,Me, March 24, 1958. CITY IViMAGER BIRD approved the City Engineer's recommend- ation. Moved by Fessman, seconded by Hollingsworth, the City Man- ager's and City Engineer's recommendation relative to the sewer on Tidelands Avenue and 24th Street be approved. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None. Absent: Hart. CITY MANAGER BIRD presented a flowage easement from Austin Oliver for the Paradise Creek Drainage Project, and recommended the City Attorney be authorized the necessary resolution of acceptance. Moved by Hollingsworth, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present vot- ing aye. REPORT FROM CITY ENGINEER LILL was read recommending that a sewer easement from Garret Johnson be ap,,roved and accepted. The ease- ment provides a route for sewer extensions from 4th Street to 5th Street on a line 300 feet west of s4"P Avenue. Moved by Fessman, seconded by Heck, the Attorney be authorized to prepare the nec- essary resolution of acceptance. Carried, all the Council present voting aye, 3/4/58 261 COlvMMUNICATION FROM LIONS CLUB was read requesting permission to use the Kimball Bowl and surrounding area for their annual Fourth of July Celecration on July 3rd and 4th. CITY MANAGER BIRD recommended permission be granted at the usual fee of $150.00 which the City has charged the past three years. Moved by Hollingsworth, seconded by Heck, the request of the Lions Club be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None, Absent: Hart, HEARING ON THE ASSESSMENT FOR THE IMPROVEMENT OF 18TH STREET was held at this time, Written protests were received from the follow- ing: RICARDO VASQUEZ, 3040 E. 18th Street; LEIS W. VAUGHAN, 3031 E. 18th Street. COMMUNICATION FROM EARL F. FELSINGER was read stat- ing that the City of National City has performed the paving and drainage work on his property, the Southwest corner of 18th and Granger, to his satisfaction. PROTEST Q? GRADY L. SULLIVAN was read. PETITION of protests from the following people was read:' JOHN G. FRY: PAUL W. PETTET: NANNIE CHASTAIN: OVA B. HEDGPETH: HOW ARD H. GANGING: ROBERT T. POOR: FLORA J. HOF MAN: GEORGE N. SCHAEFFER: 'u ILLIAM J. EDBLAD. PROTESTS were read from the follow- ing: FLORENCE G. and C. M. FRAZIER; CARLOS C. AND JUNE B. GENESTA, 2843 E. 18th Street; ELIZABETH COX, 3019 E. 18th Street; ROY L. SCALES, 2825 E. 18th Street. CITY CLERK ALSTON stated the City had received a protest from Mr. and Mrs, Erman Donald through their At- torney, John Ronis, but under date of February 27th, she received a communication which stated the Griffith Company has corrected the slope of their driveway and therefore withdraw their protest. COIu;M1UNICATION FROM WM, H, and GLADYS I. PHILLIPS, 2911 E. 18th Street, was read. ATTORNEY A. E. WALKOE, San Diego, representing Lewis W. Vaughan and Ricardo Vasquez, was present. The following persons were present protesting the improvement: G. J. MITCHELL, 2138 E. 18th Street; MARIA HUNTON, 2729 E. 18th Street, stated when the contractor took out their driveway, the property buttons were removed and they have no way of locating their property line, and thought these should be replaced; u ILLIAV; G. MICHEL, 2908 E. 18th Street; PAUL W. PETTET, 1827 Prospect Street. BYRL D. PHELPS, Engineer of Work, was present, and replied to the protests. Mr. Phelps stated the protest of Wm. H. and Gladys I. Phillips poses quite a problem; the driveway in front of the garage is up five to seven feet, and ask the Council to direct him as to where the con- crete should be placed to rectify this condition. IvRS, C.IV, FRAZ- IER was present and stated that the flow of drainage was changed during the improvement of 18th Street, and as a result water no longer flows properly through their drain pipes. IMIR. PHELPS stated this is not part of the 1911 Act Improvement on 18th Street. Mr, Phelps stated that to the best of his knowledge and that of his Inspector and of the Contractor all v:ork has been done according to plans with the exception of Mrs. Phillips driveway; and he would be willing to put the concrete any place the Council so orders, MAYOR HODGE asked Mrs. Phillips where she desires to have the slab of concrete, MRS. PHILLIPS stated the only place it could be put is on the West side of their property. COUNCILMAN HECK asked if the Council authorized the Engineer of Work, Mr. Phelps, to proceed 3/4/58 262 with' the placement of the concrete slab in the driveway in front of IVMr. Phillips property, must it be done by resolution or by motion. CITY MANAGER BIRD stated he would like to refer that question to Mr. Phelps, he has asked for a declaration of the Council because it means the deviation from the plans. 1MR, PHELPS said he thought it could be done by a motion, since no other person is affected. RAY CURRAN, Attorney for the Griffith Company, was present and stated it is his opinion that the City Council can, by resolution, or by motion authorize the placement of the concrete in Mrs, Phil- lips driveway. CITY IVANAGER BIRD asked whether it should be by resolution or motion. ATTORNEY CURRAN stated whatever way the City ordinarily directs such work. IVIR. PHELPS said the Council will ac- cept the assessment by resolution and order him to make certain corrections, and the assessment roll is presented to the Council by resolution; in the same resolution the Council would authorize him to make the changes in the assessment and authorize him to make this change by moving the driveway for Mrs, Phillips. CITY MANAGER BIRD stated it has then been decided that it is necessary to have a resolution and Mrs. Phillips has declared that if the driveway is placed on the Uliest side of her property that her objection or pro- test will be withdrawn as far as the Improvement District Act is concerned. COUNCILADMAN HOLLINGSLJORTH requested a letter in writ- ing to the Council from Mis. Phillips agreeing to that change. MRS. PHILLIPS presented the letter, as requested. MRS. FRAZIER asked Mr. Phelps who changed the drain on Lot 229, the lot next to theirs. MR. PHELPS said that he did not know. IUIR. DILLOiu, repre- senting the Griffith Company, was present and stated it is his under, - standing the property owner of that particular lot bought the pipe, the Griffith Company installed it, labor and equipment for the in- stallation was paid for by the City of National City. CITY ENGIN- EER LILL said he did not believe any construction was carried on adjacent to the Frazier property. MRS. FRAZIER said she was sure that Mr. Dillon was correct, and she is asking the City and the Griffith Company to do the same for them. COUNCILMAN HECK asked Mrs, Frazier if she would buy the pipe, MRS. FRAZIER stated the pipe is already there, COUNCILMAN HECK stated it might require more pipe, MRS. FRAZIER stated she did not feel they were obli- gated to buy more pipe, if it requires additional pipe then they would pay for half of it. COUNCILIVMAN FESSMAN said he thought the matter of the drain should be referred to the City Engineer and City IVlanager for a report and see if we cannot alleviate the sit- uation. MiARIA HUNTON, 2729 E. 18th Street, was present and asked who should replace the survey buttons which were removed. MR. PHELPS said he thought if the contractor took out the survey but- tons they should put them back. ATTORNEY CURRAN, representing the Griffith Company, stated the job was set up in such a way that in performing the job, in levelling the street in such a way that the plans and specifications called for it necessitated the removal of these buttons, and the job did not provide that the Griffith Company would have to go back over and re -survey the entire street in order to put back the markers, and should not be the responsi- bility of the Griffith Company. MAYOR HODGE asked if it is the opinion of the Griffith Com any they will not put the survey stakes 3/4/58 263 back in. ATTORNEY CURRAN said there are several considerations, one is some of these were done many years ago and there is not any evidence that there were markers in each and every one of the lots along the street. The stand of the Griffith Company is that it would be an additional job and wa3 not included in the provision for the 1911 Act. MR. PRESTON of the Griffith Company was present and stated it is their belief they have fulfilled every obligation of the improvement under the 1911 Act, and they had even contem- plated the installation of the concrete slab on Mrs. Phillips prop- erty. MAYOR HODGE stated the hearing is now temporarily closed in regard to the Assessment District and the plans and specifications, and asked if it is the pleasure of the Council if we continue this hearing until a later date when our City Attorney is present and prepare the necessary resolutions and include the corrections which have been discussed today. COUNCILM'N HECK said he thought we should take this under advisement and defer it until our City At- torney is present, and at this time should lay it over until next week for consideration. IVRS. CARLOS GEiJESTA, 2843 E. 18th Street, was present, and stated she wished to know if their written request which was relative to the cement ramp placed on their property be replaced by cement stairs, would come under the 1911 Act Improve- ment, or whether it was the contractors or Cityss responsibility. MR, FHRL S said that was the City's, and Mayor Hodge stated it would come up later in the meeting. Moved by Heck, seconded by Fessman, that the Engineer of Work, Byrl D. Phelps, be authorized to place a concrete driveway in front of Mrs. Phillips property, as per her written request, and the Council delete from the present plans the other driveway shorn on the plans, Carried, by the follow- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None. Absent: Hart. Moved by Fessman, seconded by Hollingsworth, the hearing be continued until IViarch llth at 2:30 PJ . Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. ATTORNEY CURL.N stated the Griffith Company would appreciate anything that can be done to speed up the confirmation of the assessment. They will have the driveway of Mrs. Phillips installed before the next meeting. PAUL VV. PETTET was present and stated that since 18th Street has been improved, it is almost a speedway and thought something should be done about it, the police should patrol it more and possibly a street light installed; also thought the fire hydrants should not have been put in the middle of the sidewalk, also the poles cause a hazard being placed in the sidewalk. Moved by Hollingsworth, that the City Manager see if we can have some more police patrol in the area. CITY IViANAGER BIRD stated :e are attempting to have 18th Street turned over legally and officially to us by clearing up the assessment roll problem. There are three lights that must be placed on 18th Street to take care of the situation; the only painting which we have done on the street was the crosswalks for the school. As soon as we get possession of the street, and the assessment roll is tak:n care of, the City will proceed with its obligation. The fire hydrants will have to remain where they are until such time as we can get sufficient money to move them, and then we will only be able to move them if we get permission from 3/4/58 264 the California Water & Telephone Company. The same thing is true of the Telephone Company and also the Gas & Electric Company's poles. Motion died for lack of a second. Moved by Fessman, seconded by Hollingsworth, that this portion of the hearing be closed. Carried, all the Council present voting aye. COUNCILMAN HECK excused. CITY MANAGER BIRD reminded the Council of the invitation from the Board of Realtors to attend a luncheon on Thursday, March 6th at the San Diego Country Club in Chula Vista. COMMUNICATION FROM LIONS CLUB was road stating that the cost of the fireworks for the Fourth of July alsbration has been increasing each year until it has become too expensive for the Lions Club to purchase the type of fireworks that National City should display. The cost in 1957 was nearly $500.00 which permitted only about fif- teen minutes of entertainment, They request the City explore the possibility of sharing in the expense of the fireworks by equalling the $500.00 they have budgeted. CITY MANAGER BIRD recommended it be referred to the r'inance Committee. Maned by Fessman, seconded by Hollingsworth, the City Manager's recommendation be approved, Carried, all the Council present voting aye. COUNCILMAN HECK present, NOTICE OF HEARING before the Public Utilities Commission of the Application of the San Diego Transit System for authority to in- crease fares, was read. The hearing is set for 'uednesday, April 2, 1958 at 10:00 k,M. in the Chamber of Commerce Building, San Diego. CITY MANAGER BIRD recommended it be referred to the City Attorney. Moved by Fessman, seconded by Heck, the City Manager's recommendation be approved. Carried, all the Council present vot- ing aye. CITY MANAGER BIRD stated in regard to the communication from the Fuschia Society, it is his recommendation their request for use of the Community Building be granted, with the stipulation there be no exhibitor's fees nor admission fee collected, and they adhere to the rules and regulations promulgated by the Supt. of Parks and Recre- ation. Moved.by Fessman, seconded by Heck, the City Manager's rec- ommendation in regard to the Fuschia Society matter be approved. Carried, all the Council present voting aye. CITY I'vANAGER BIRD reported we are now in possession of the necessary legal documents plus the legal descriptions, and the Harbor Com- mittee should set a meeting whereby the National Plating & Process- ing Company of Texas could sign the leases. COUNCILMEN FESSv1AN, Chairman of the Harbor Committee set a meeting for Friday, March 7th at 4:00 P.M. COUNCILoJOMI N HOLLINGS4ORTH, Chairman of the Fin- ance Committee asked that the Committee also meet on Friday after the Harbor Committee meeting to consider the request of the Lions Club. 3/4/58 265 REPORT FROM THE PLA:.NNING COMMISSION was read stating that the tent- ative map of the proposed of Record of Survey of seven lots at 12th Street and Paradise Drive, owned by Voyd A. Barber was presented to the Commission. Mr. Barber has signed the petition for the 1911 Act Improvement of 12th Street adjoining these lots. There is an existing sewer in 12th Street. He does not propose to improve Paradise Drive at this time, but will do so when Plaza Blvd. in this area is improved, preferrably by 1911 Act Improvement proceed- ings, and with the request that the City participate in such im- provement as it is definitely an access street to Plaza Blvd. All drainage work is to be included in the 1911 Act ImIrovement. Mr. Barber has three houses on the proposed lots and plans to build houses on the remainder of the lots and sell them, at which time he will advise the buyers they will be r&quired to pay for the future street improvement. Report from Fire Chief Bailey advised this property will not require additional installations of fire hydrants as the area is presently covered by hydrants in close proximity. Report from City Engineer Lill advised that the tentative map is approved by his office with minor additions. The Planning Commis- sion recommended acceptance of the tentative map with the miner ad- ditions as recommended by the City Engineer. COUNCILMIAN FESb1 AN stated that the improvement of Paradise Drive is to be left to the future purchasers of this property to approve or disapprove the 1911 Act Proceedings; and he thought the whole thing should be put under the 1911 Act and then sell the property subject to that Im- provement Act, rather than to leave it up to the future owners whether or not they want the improvement. COUNCILMAN HECK was in accord with Councilman Fessmanos thinking relative to the improve- ment of Paradise Drive, VOYD A. BARBER, 2104 E. 12th Street, was present, stated it is his opinion that the 1911 Act Improvement of 12th Street will be approved, and at some future date we will con- nect Paradise Drive, if that is the way the City plans it, to Plaza Blvd. Mr. Barber said he would be glad to improve Paradise Drive if he were financially able to do so, but there is a drainage prob- lem off of 12th Street, and he gave a deed with the specific idea that the drainage can be taken care of on Paradise Drive; and if he is not permitted to build there, it may even block the 1911 Act on 12th Street. COUNCILWO%AN HOLLINGSWORTH asked Mir. Barber if he would be willing to go ahead on the 1911 Act to include 100 feet on Paradise Drive if the City participated on the drainage problem. IVMR. BARBER said that he is not financially able to do so. COUNCIL- uWOMAN HOLLINGSWORTH stated she would want more information from the City Manager and from the Engineering Department before the Council took action on this request. Moved by Hollingsworth, sec- onded by Fessman, it be laid over until the next meeting. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COIVMMISSION was read stating the Commission recommended the new street between 20th and 24th Streets in the area between Granger and Laioitan Avenues be named La Siesta Way. Moved by Hollingsworth, seconded by Fessman, the recommendation of the Planning Commission to name the street La Siesta Way be referred to the City Attorney to prepare a resolution. Carried, all the Council present voting aye. 3/4/58 266 REPORT FROM THE PLANNING COMMISSION was read regarding application for zone change signed by the Mitchell Glass and Paint Company; relative to the property located at 1050 Highland Avenue, request- ing a zone change from an R-1-A, Suburban District, to a C-3-A General Business District. Public hearings were held by the Plan- ning Commission and there was no opposition, verbal or written, received on the request. The Commission recommended the granting of the zone change. Moved by Fessman, seconded by Hollingsworth, the Planning Commission's recommendation be approved and the nec- essary hearings, advertisements, etc, be authorized, Carried, by the following vote to -wit: ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None, Absent: Hart, MAYOR HODGE suggested that the street between 22nd and 24th Streets, East of Las Palmas Park be named Julie gay Moved by Hollingsworth, seconded by Heck, it be referred to the Planning Commission for nam- ing. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hollingsworth, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 5:33 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 3/4/58