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HomeMy WebLinkAbout1958 03-11 CC MIN267 National City, California, March 11, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 F.M. o'clock. Council members present: Fessman, Heck,, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Bird, Lill, Stockman, Curran, Holgate, The meeting was opened with salute to the Flag, followed by invocat- ion by rev. Erny. . Moved by Fessman, seconded by Heck, the minutes of the regular meet- ing of March 4, 1958, be approved. Garried, all the Council present voting aye. AGENDA OF THE TRAFFIC SAFETY COMMI IEE for their meeting at 9:30 A.IL, March 12, 1958, was read. CITY ATTORNEY CURRAN re.,rted that Industrial Indemnity Company has issued a certificate of insurance showing that B. & J. Construction Co. have valid workmen's compensation coverage, and recommended it be approved and filed. Moved by Heck, seconded by Fessman, the At- torney's recommendation be approved. Carried, all the Council pres- ent voting aye. ATTORNEY CUR.LiAN stated that the communication from the San Diego County Water Authority directed to all member agencies with refer- ence to annexations, is of considerable interest to National City, if for no other reason than because of the fact that the possibilities of National City annexing additional territory are not great, with the result that whenever any additional territory from any of the other member agencies is annexed to the County Water authority, it necessarily means that a certain percentage of the present allocat- ion of water available for National City has to be distributed else- where. It is very fortunate that our member of the Authority ap- pointed to represent National City is making sure that we are kept advised, and we should establish a close liaison with Mr. Kerch so that we will be kept abreast of the developments in the Authority. At the present time no action is necessary with reference to the Communication, and recommended it be filed. ATTOiiiII CURRAN recom- mended that Mr. Kerch be sent a copy of this communication with the request that as matters develop along this line that he please make a note to advise the Council. Moved by Heck, seconded by Fessman, the Attorney's recommendation be approved as outlined. Carried, all the Council present voting aye. ATTORNEY CURRAN reported, the hearing on the application of the San Diego Gas & Electric Company for an increase in rates has been con- tinued until April 9th. There are several basic problems which National City faces in this proceeding. In the gas rate increase application, the question of zoning is of very great importance. At the hearing on March 4th, the Counsel for the San Diego Gas & 3/11/58 268 Electric Company made as a part of the record a statement of the position of the San Diego Gas tic Electric Company. The staffs pos- ition either as to preservation of the two zones for electric rate or continuation of the discrimination against National City as to the gas rates is not yet known. In 1950 the Commission made a de- cision and order which very clearly discriminates against National City gas users. Prior to that time, the Company had a two zone rate base, zone one was the City of San. Diego, the City of National City and the City of .Coronado, everybody else was in zone two. The Comp- any in 1950 proposed that this should be changed. The staff of the Commission introduced some evidence, some witnesses, to show that there should be more zones; as a result San Diego was put in class one by itself; Coronado and National City were put in the second category and new third and fourth rate zones were established. This action of the Public Utilities Commission in 1950 may well have re- sulted in charging the consumers of National City 0100,000.00 more than similar consumers across the line in San Diego. Mr. Curran said he is studying some of the exhibits which the company has intro- duced and before the hearing is over will have other reports to make to the Council. ATTORNEY CURRAN stated in regard to the application of the San Diego Transit System for authority to increase its fares, we now have not- ice that the hearing has been set for Lreednesday, April 2nd at 10:00 A.M. Mr Curran said he does not believe that National City has the problem with reference to this matter that we do with reference to the gas rates, therefore has no recommendation. CITY ATTORNEY CURRAN stated with reference to Case No, 6046 which is the complaint of Betty St. John, 323 A. 18th Street, National City, against the Pacific Telephone & Telegraph Company, he has no inform- ation as to the nature of this complaint; the hearing has been set for Friday, March 21st at 9:00 A.M. It would be within the discret- ion of the Council as to whether or not the complainant should be contacted and any action taken in this regard. MAYOR HODGE extended an invitation to the Council and department heads to attend a meeting of the South Bay Highway Committee at Christieos in Chula Vista, Thursday at 6:30 P.I. APPOINTMENT 02 MEMBER TO THE DCN o T u�ASTE AATER CAMPAIGN was present- ed. MAYOR HODGE stated he contacted Allen Braudaway, and he will be willing to serve. Moved by Heck, seconded by Fessman, that the Mayor appoint Allen Braudaway as a member of the Donrt 'paste later Campaign. Carried, all the Council present voting aye. APPLICATION FOR EXCAVATION PERMIT by Lee J. Morgan, the excavation to take place at the Northwest corner of 18th and Hoover, was pre- sented. CITY MANAGER BIRD stated that the City Engineer and he have a report to present later in the meeting on this matter. CCMMUNICATION FROM CALIFORNIA RIGHAAY COMMISSION was read relative to their resolution restating procedure relative to adoption of 3/11/58 269 freeway locations by the California Highway Commission. COUNCIL- Ii4OMAN HOLLINGS ORTH requested that a copy of this be mailed to John Dyster who is Chairman of the Highway Committee of our local Chamber of Commerce. HEARING ON ASSESSMENT OF GROVE STREET 1911 ACT IMPROVEMENT was held at this time. No written protests were received, and no one was present protesting same. Moved by Heck, seconded by Fessman, the hearing be closed inasmuch as there are no written or oral protests, Carried, all the Council present voting aye. Moved by Heck, seconded by Fessman, the Attorney proceed with the necessary resolutions for the completion of the 1911 Act on Grove Street. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth; Hodge. Nays: None. Absent: Hart. Communication from San Diego Chamber of Commerce was read stating that The Civic Affairs Committee of the San Diego Chamber of Com- merce is planning to honor Phil D. Swing for his noteworthy services as a leader in water development and conservation, and asked that Mayor Hodge proclaim Friday, March 28, 1958, as uPhil D. Swing Day" in National City. Moved by Heck, seconded by Fessman, that Mayor Hodge so proclaim March 28, 1958 as 4Phil D. Swing Day'. Carried,, all the Council present voting aye, TENTATIVE MAP of the proposed of Record of Survey of property owned by Voyd A. Barber, laid over from last meeting, was presented. Moved by Fessman, that the Record of Survey be approved. COUNCILuo0 AN HOLLINGSuvO TH stated that Mr. Barber stated at the last meeting that he could not afford to put in any of the improvements, and as far as the 1911 Act is concerned thought that should be totally disre- garded because he intends to sell the properties, and we could not hold the people to whom he sells responsible for a 1911 Act. Li's. Hollingsworth said she believed it would be better for the Council to deny this than to authorize it with no improvements. Mrs. Hol- lingsworth said she would rather let Mir. Barber build as he sees fit, without approval of the City Council as a Record of Survey. COUNCIL- MAN FESSIVAN said he agreed with the intention of Mrs. Hollingsworthss remarks, and this brings up the matter again of either amending our building code to require sidewalks and curbs being installed when- ever a building is built and to adopt the subdivision ordinance that was proposed some months ago. COUNCILAOIVIAN HOLLINGSWJRTH stated two of Mr. Barbers lots on Paradise Drive are ,very leer and need filling, an&there is a drainage problem that goes through pract- ically the center of the property and wondered if the City did part- icipate in putting in the culvert across l2th Street, would Mr. Barb- er stand the expense of continuing the drainage through these two lots. COUNCILMVIAN HECK said he felt that the Council should deny this recommendation of acceptance of Record of Survey. Motion died for lack of a second. CITY PLANNER STOCKMAN said the Commission took into consideration the improvement also the 1911 Act; they felt it would be better to have a record or tentative subdivision map, but no special discussion was held relative to the drainage. Moved by Hollingsworth, seconded by Heck, it be returned to the Planning 3/11/58 270 Commission for further study, with the Councilos comments forwarded to the City Planner. Carried, all the Council present voting aye. COMMUNICATION FROM CITY CLERK ALSTON was read requesting permission to leave the State and be absent from todayos Council meeting. Moved by Heck, seconded by Fessman, the City Clerkas request be granted, Carried, all the Council present voting aye. CITY ENGINEER LILL reported that grading operations have started in Terry Park Subdivision also in the Graham and Bonamo Subdivision, REPORT FROM CITY ENGINEER LILL was read relative to plans and spec- ifications for traffic signals at the following six locations: 8th Street at "D1 Avenue; 8th Street at j.-sLi Avenue; 8th Street at Harb- ison Avenue; National Avenue at 4th Street; National Avenue at 10th Street; 18th Street at 1D" Avenue. It was recommended the project be authorized to be advertised for bi F, and that bids be received at 3:00 P.M. on March 31, 1958. CIT'l BIRD recommended ap- proval of the plans and specifications. Moved by Heck; seconded by Fessman, the City Managers recommendation be allowed, and the City Clerk authorized to advertise for bids. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays None, Absent: Hart. COUNCILWOMAN HOLLINGSW ORTH requested that the City Manager refer to the Traffic Safety Committee for study whether or not 16th and 'T4 Avenue by the corner of the school and fire station should be con- sidered as a four-way stop instead of a two-way stop. COUNCILMAN HECK said he thought further consideration should be given because of the Junior High School being there, it is very vital they have a four-way stop for the school children. REPORT FROM THE FINANCE COMMITTEE relative to the request of the Lions Club for City participation in the Fourth of July Celebration by shar- ing the expense of fireworks, was read. The Committee recommended that the City of National City participate in the Celebration and recommended this be done on a matching basis with the Lions Club with a maximum expenditure of S500.00, and that the City Attorney be in- structed to prepare a contract to include audit procedure, COUNCIL- WOMAN HOLLINGSWORTH stated there was another stipulation that the fireworks should start preptly at 9:00 P,M., and would like this also in the contract. Moved by Heck, seconded by Fessman, that the Finance Committeeos recommendation be approved, and the Attorney prepare the necessary contract. Carried, by the following vote to - wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None, Absent: Hart. REPORT FROM THE HARBOR COMMITTEE was read stating the tideland leases of the National Plating Company have been consolidated, effective April 1, 1958. CONTINUED HEARING ON 18TH STREET 1911 IMPROVEMENT ACT was held at this time. BYRL D. PHELPS, Engineer of Work, was present and stated 3/11/58 271 he has been informed by the contractor that the concrete driveway on Mr. & Mrs. Fhillips property has been completed. CITY ENGINHB LILL stated they met with Mr. and Mrs. Frazier on their property and discussed the matter of the drainage, and it was his understand- ing that they agreed that it was not part of the 1911 Act proceed- ings and that they would consolidate their requests in a letter. Mr. Lill said it is his opinion that there is no immediate need to do anything, but something probably should be done, and it could probably be worked out with Mr. and Mrs, Frazier if they would con- solidate their requests. IVRS. FRAZIER was present and stated she did not believe that she or Mr. Frazier have ever agreed that this was not part of the 1911 Act, They wish to improve their property, but cannot do so until the drain pipe is installed. COUNCILMAN F+ESSIViAN stated that it is apparent that inasmuch as this pipe was not on the plans, it would seem that it is logical it would not be part of the 1911 Act, but he thought Mrs. Frazier has a right to have some correction made there and should not be made a part of this hearing, but should be taken up later by authorizing the City Engineer and City Manager to bring in a report as to the cost; it is a drainage problem and should be corrected. COUNCILMAN HECK asked the City Engineer if he had any idea as to the cost. CITY ENGINEER LILL said he estimated it would be 56 feet of pipe that would be required, the pipe Mrs. Frazier has now is not usable to make a new alignment. The material would cost approximately $500.30. CITY MANAGER BIRD said this is a drainage problem of natural drainage, whether or not there was a change in the alignment is beside the point, and would like to have the Council consider ordering the City .Engineer and City Manager to bring in a report on this because the Council may be establishing the precedent of puttingin a mile of pipe at the present time. COUNCILMAN HECK stated this is not part of the 1911 Act, we are now in the hearing for the 1911 Act. Moved by Heck, seconded by i?essman, that this problem posed before the Council be referred to the City Manager and City Engineer for a re- port. Carried., by the following vote to -wit: Ayes: .N'essman, Heck, Hollingsworth, Hodge. Nays: None, Absent: Hart, ATTORNEY CURR.AN, representing the Griffith Company, was present and stated they in- vestigated the protest of Mrs. Hunton relative to the survey buttons which were removed when 18th Street was improved, and she has with- drawn her protest and authorized Mr. Curran to file it with the Council, The Griffith Company made arrangements with Mrs. Hunton which are satisfactory with her as far as the locations of her fence lines are concerned, COMMUNICATION FROM iMARIA D. HUATON was read, stating she wished to withdraw her protest on the work done on 18th Street paving work which she orally made at the hearing on March 4, 1958. MRS. DOLORES MITCHELL, 2138 E. 18th Street, was present and stated the City ripped out her steps, her retaining wall and the alley with a bulldozer, and she called Mr. Newberry of the Engineeros Office and he said the City would fix it, but they had a private contractor do the work, and it cost them $131.00, S85,00 the City paid, and they had to pay the additional S46.00 themselves. Mrs. Mitchell said she thought the City should pay this amount and fix the alley. COUNCILMAN FESSM2-LN said the City recognized that there were going to be some of these inequities on the job when completed end provided for this and this too is hot a part of the 1911 Act and 3/11/58 2'72 has no part in the hearing because it is on private property, it has to do with the City and the owner and not with the contractor. Mrs. Mitchell should be heard at the proper time, COUNCILMAN HECK stated that Mr. Mitchell was protesting the assessment and stated last week that he had received a notice that the assessment would be 564.00 then he subsequently received an estimate of $1,070.00, and it was explained at that time that the County Assessor has the records for assessment purposes and he had an error in his records, so as far as the 1911 Act is concerned Mr. Mitchell had his answer. He also stated he had received $85.00 from the City, and his entire cost was $131.00, but that is another phase of the improvement. MAYOR HODGE said that he believed that when the City paid the $85,00,, they as- sumed the obligation, and they should finish the payment, and he thought ul,-s. Mitchell should bring receipt from the contractor who did the work. DON NEaaBERRY, Engineer ' s Office was present and stated that he want with the contractor who was on the job to Mrs. Mitchell; and they discussed the way her steps should be built, reset her, fence poles and place a row of concrete under her wall, and she said it was agreeable to her, the price of S135.00 was given the contract- or. He removed the steps, had the equipment to remove the concrete, excavate for the steps and build forms and ordered concrete and de- livered to the job and she grans' him off. V hen Mrs. Mitchell called Mr. Newberry, he said the contractor was entitled to something for his work, and Mr. Newberry' felt $50.00 was fair, and the balance of 585.00 or a statement to that effect was the remainder of all the City was to pay; if she wanted to hire somebody else that was en- tirely up to her. COUNCT[,JVIAN HECK asked if this contractor has been paid any amount as yet, CITY ENGINEER LILL stated he has been paid $50.00. MA 0R HODGE asked if the City had a release from the con- tractor. CITY ENGINEER LILL stated that all he billed. the Cityfr was $50.00 and that is what we paid him. COUNCILMAN HECK asked. New- berry if the owner had further improvements put on the property than was authorized by the City. MR, NEaERRY said she did, she does have a wall built, and he did not authorize the other contractor to do that. CuUNCILV1AN HECK said if the owner has ordered further im- provements and wants to assume the additional out of pocket' she may do so. IVioved by Fessman, seconded by Heck, that this is not a part of the 1911 Act hearing. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. ELIZABETH COX, 3019 E. 18th Street, was present and stated she felt her assessment was too high, that others have been assessed about $200.00 less than she, and her frontage is 66 feet and theirs 60 feet. Mrs. Cox said her driveway was not paved, but felt that perhaps she is being assessed for paving it. I\R, PHELPS stated they did not charge for the driveway, and explained to Ivirs. Cox how the assessment was made. MRS. Ca withdrew her protest, M3. PHLLPS stated it is his opinion that the Attorney for I\r. Vasquez and Tara Vaughan was satisfied after all the items of the protests were ex- plained. Moved by Fessman, seconded by Hollingsworth, the hearing be closed and that the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: .N'essman, Heck, Hollingsworth, Hodge, Nays: None. Absent: Hart. 3/11/58 273 REPORT FROM CITY ENGINEER LILL was read relative to the application for excavation permit from Lee J. Morgan, and approval was recommend- ed subject to certain conditions as set forth in the report. CITY MANAGER BIRD recommended the application be granted in accordance with the conditions enumerated by the City Engineer. Moved by Heck, seconded by Hollingsworth, the City Manager's and City Engineer's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD presented an easement from Richard D. Ambre and Margaret Mary Ambre and recommended acceptance and authorization for the City Attorney to prepare the necessary resolution. Moved by Heck, seconded byFesanan the City Manger's recommendation be ap- proved,. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has three parcels of land necessary for the drainage project, one from Bell & Bell, one from Walter O. Powell n.rd one from J. D. Sullivan, and recommended the Council authorize the City Attorney to prepare the necessary resolution of acceptance. Moved by Fessman, seconded by Hollingsworth, the City Manager's recom- mendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he would recommend that the City attorney be authorized to investigate what is going to be necessary in the way of contracts and easements on our utility pole lines for the projective fire alarm system. Moved by Fessman, seconded by Heck, the City Manager's recommendation be followed. Carried, all the Council present voting aye. RESOLUTION NO, 7179 was read, "RESOLUTIJN CONFIRMING 1,33ESSMENT (18th Street)1, Moved by Heck, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None. Absent: Hart. RESOLUTION N0. 7180 was read, approving and authorizing the purchase of an interest in certain real property from the following named persons for the sums set out, and the issuing of a warrant for such sums is hereby directed: Walter 0. Powell Jr„ and Helen A. Powell, $8,900.00; J. D. Sullivan, $12,000.00; Bell & Bell .Realty Company, $4,250.00. Moved by Fessman, seconded by Hollingsworth, the Resolut- ion be adopted. Carried, by the following vote to -wit: Ayes: Fess- man, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart, RESOLUTION NO. 7181 was read, 4EESOLUTION CONFIRMING ASSESSMENT (GROVE STREET)". Moved by Hollingsworth; seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7182 was read, accepting an easement from Austin Jerauld and Margaret Ann Oliver, dated February 27, 1958; easement from Garret and Clara Johnson, dated February 19, 1958. Moved by Fessman, seconded by Heck, the Resolution be adopted. Carried, by the following vote to wit: Ayes: . 'essman, Heck, Hollingsworth, Hodge. Nays: None, Absent: Hart„ 3/11/58 274 COUNCILMAN FESSMAN said he felt the people here at the meeting rel- ative to 18th Street should have the assurance of the Council that since the City has accepted the work on 18th Street under the 1911 Act that they will proceed with diligence to correct the inequities that we knew were going to arise out of the construction project, Moved by Heck, seconded by Fessman, that the request of Elizabeth Cox pertaining to the alley, the petition that was presented in re- gard to an alley, and the request of Mr. and Mrs, Phillips°be in- cluded in the City Engineer's and City Manager's report to the Coun- cil. Carried, by the following vote to wit: Ayes: .essman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart, Commerce, FRANK BRINKIViAN, Secretary -Manager of National City Chamber/ was pres- ent relative to the meeting of the (O„ th Bay Highway Committee and stated he wished to confirm the invitation which Mayor Hodge extend- ed earlier in the meeting, and asked that IVIr. Hodge appear on the agenda. DONALD NORMAN was present and stated they have- the project started at 10th Street and Palm Avenue and asked if the City is waiting for a certified check, CITY MANAGER BIRD stated he gave two copies of the contract to be entered into by Mr. Norman's client; and when it is signed, if they deposit a cashier's check in lieu of a performance bond, they can go ahead. are holding the resolution accepting the deeding of the ten feet on Palm Avenue and on 10th Street until the check has been deposited and the contract signed. Moved by Fessman, seconded by Heck, the meeting be closed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: None, Absent: Hart. Meeting closed at 3:58 P.M. MAYOR, CI ' NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK ,v N71 - u 3/11/58