Loading...
HomeMy WebLinkAbout1958 03-25 CC MIN282 National City, California, March 25, 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, Hart, Heck, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill, Stock- man. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Mayor Hodge. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of March 18, 1958, be approved. Carried, all the Council present voting aye. COUNCILWOM1AN HOLLINGSwORTH present. ATTORNEY CURRAN stated there were several matters involving the com- ing municipal election which he has discussed with Mrs. Alston, and although it may not be absolutely necessary to have these resolutions because of the provisions of the general laws, out of a sense of pre- caution, it is advisable to pass a resolution calling the election and also to authorize the use of the services of the Registrar of Voters for furnishing materials for the City Clerk's office. Two resolutions have been prepared for that purpose. Moved by Heck, seconded by Fessman, the Attorney read the resolutions* Carried, all the Council present voting aye. RESOLUTION NO. 7186 was read, calling a regular Municipal Election to be held on April 8, 1958. Moved by Heck, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7187 was read, permitting the County Registrar of Voters to render specified services to the City relating to the con- duct of the regular Municipal Election to be held on April 8, 1958. Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NO. 7188 was read, approving and accepting that certain contract between the City of National City and National City Lions Club, dated March 25, 1958, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. Moved by Hollingsworth, seconded by Hart, the Resolution be adopted.. Carried, all the Council present voting aye. RESOLUTION NO. 7189 was read, as follows: That certain street ded- icated upon the property conveyed to the City by Margaret Noble and lying between 20th and 22nd Street westerly of Grove Street be and hereby is given the name 21st Street; and that certain new street between 20th and 24th Streets and between Granger and Lanoitan Aven- ues be and hereby is given the name of La Siesta Way. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, all 3/25/58 283 the Council present voting aye. RESOLUTION NO. 7190 was read, approving a second lease to L. M. Pepper of a certain portion of City of National City's tidelands, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Heck, seconded by Fessman, the Res- olution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7191 was read, accepting an easement from Beatrice G. Bullock, dated February 3, 1958; and easement from James V. Tol- edo, dated February 3, 1958. Move, by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the communication regarding the performance bond of Paradise Valley Sanitarium has been considered by him, and it is his opinion the City Engineer should certify that all conditions required and specified in the permit granted have been satisfactorily performed. It is the essence of the obligation on the bond, and until we have such a certification it would appear the matter cannot be processed. Moved by Heck, seconded by Hollings- worth, the Attorneys report be referred to the City Engineer. Car- ried, all the Council present voting aye. ATTORNEY CURRAN stated that Bond No. 03 B-55790 issued by Pacific Employers Insurance Company with Samuel Norman Roberts as principal satisfies the requirements of our Sidewalk License Ordinance No, 243, and recommended the bond be approved and filed. Moved by Fessman, seconded by Hart, the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Land Title Insurance Company's Policy No. 137900-F issued to the City of National City has been examined and it appears to be in proper form and recommended it be approved and filed. Moved by Hollingsworth, seconded by Fessman, the Attorn- ey's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the United States Fidelity and Guaranty Company has notified the City that Sidewalk License Bond No, 13-2262- 56 an behalf of Edward J. Leon is to be cancelled thirty days after receipt of the notice. It was the Attorney's recommendation Mr. Leon be notified that unless he furnishes a new bond his permit will have to be cancelled. Moved by Hart, seconded by Fessman, the Attorneys recommendation be followed, Carried, all the Council present voting aye ATTORNEY CURRAN stated he has received a copy of a verified claim filed by 0tha E. Kistler claiming damages in the sum of $25.50 due to negligence of the City. COUNCILMAN HART stated that streets for which the property owners have petitioned for an 1911 Act Improvement which take quite a time 3/25/58 284 to complete, and the property owners want the streets repaired, they purchase the oil and the City do the work.. Some of the streets are practically impassable, and they have applied for a 1911 Improvement, and asked that consideration be given. COUNCILMAN HECK asked what street in particular. MR. HART said 6A' Avenue and 20th Street. MAYOR HODGE stated that Prospect at 20th Street is another street that should be considered. COUNCILMAN HECK stated he was opposed to doing this because if the street is oiled, the persons who petit- ioned for a 1911 Act will come in and protest out the Act. COUNCIL- MAN FESSJIAN stated he agreed with Mr. Heck. MAYOR HODGE stated he meant to just put sufficient oil on to settle the dust. COUNCIL- u OMAN HOLLINGSWORTH stated she thought that when people have shown their intention of improving their street, the City could sprinkle a little oil on it to keep the dust down and grade it a little to get some of the bumpsout of it# Moved by Hart, seconded by Hollings- worth,if the people have applied for a 1911 Act and the street is in bad condition, the City at least scrape the street and put on oil to make them passable so they can enter their driveways and streets, with the City paying for the oil and the labor. CITY MANAGER BIRD stated the Council has a policy which is when 1911 or Improvement District Acts have been applied for, it has been the prerogative of the Street Department to fix the street temporarily. We have been using the oil mixed material on that basis. The penetrating coat situation which the Council has been speaking about is only good when it is applied t the right time and then for short duration. The worst streets we have are those which have been oiled and on which there are no 1911 Act or any effort in any way being made by the property owners to fix them. The streets are potted and until we can have the proper type of weather to mix granite and oil to resurface those streets to keep them passable, we can do nothing with them. As far as oiling a street at the present time with the weath- er conditions and soil conditions, it just cannot be done; it can be done in the next month and a program has been set up to so do. We must have warm nights and sunny days and our soil must be dry to make an oil street correct. COUNCILMAN HECK stated he would suggest that we continue our present policy as we have in the past. Moved by Heck, seconded by Fessman, that an amendment be made to the mot- ion, that we continue the present policy as outlined by the City Man- ager at the City Manager's discretion. Carried, all the Council present voting aye in favor of the amendment. Motion carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman, Heck. MAYOR HODGE asked if the streets could be graded when the weather is damp. CITY MANAGER RIM} stated we can grade or smooth the travelway if it is not too wet and then come along later with a penetrating coat to hold it until such time as we have the normal improvement district completed., which is eighteen months. Mr. Bird stated he raised the question with the Council, but it was not official. Where people will cooperate to the extent of attempt- ing to get a District Improvement, they have evidenced their good faith; the City then should evidence its good faith. If we come to a point in the proceedings at a later date where it is voided and the project does not proceed, the City then has done its part and then the City should not do any other work necessary other than keep- ing it passable on any such street. In the question of those streets 5/25/58 285 which we now have which were oiled in the past, there is only one satisfactory way other than a permanent improvement, to take care of those streets and that is to go in and disk them when the weather conditions are right and relay them back and put a penetrating coat on the top to hold the dust until such a time as the people on the street want an improvement district. HEARING ON PROPOSED ZONE CHANGE in the 1000 block West side of High- land Avenue was held at this time. CITY CLERK ALSTON stated she re- ceived no written protests in this regard, and no one was present protesting same. Moved by Heck, seconded by Hart, the hearing be closed, and it be referred to the Attorney f or`appropriate action. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None, CITY CLERK ALSTON reported the following bids were received for the Tidelands Sewer Project: RUSSELL THIBODO CCViPANY, $130,410,88; PACE CONSTRUCTION COMPANY, $81,662.54; IVALTER H. BARBER, $84,046.84; L. B. BUTTERFIELD, INC., $108,914.00; W. V. HUTCHISON COMPANY, INC., $92,938.45; A. H. FANULARO & J. L. McELVANY, $101,291.00. CCMMUNICATIUN FROM INTER-AMERICAN MUNICIPAL ORGANIZATION was present- ed requesting financial support. CITY CLERK ALSTON recommended it be referred to the Finance Committee. Moved by Hollingsworth, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FRUvi LOUIS J. KROEGER AND ASSOCIATES was presented an- nouncing their services to include insurance evaluation. Moved by Fessman, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. APPLICATION FOR NEvv ON -SALE BEER & uiINE BEVERAGE LICENSE by Perni- cano's Pizza House #5, 1125 National Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated that investigation disclosed no grounds for protest. Moved by Hollingsworth, seconded by Hart, the appli- catiun be filed. Carried, all the Council present voting aye, APPLICATION FOR OFF -SALE BEER &WINE BEVERAGE LICENSE by Pierson's Food Center, 234 Highland Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated investigation disclosed no grounds for protest. Moved by Heck, seconded by Hart, the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM VETERANS OF FOREIGN uYARS, THOM.AS H. COSBY, JR. POST was read stating they have chartered two busses and made reser- vations for opening day baseball game in Los Angeles between the Los Angeles Dodgers and San Francisco Giants on Friday, April 18, 1958, and extended an invitation to the City Council, City employees and their friends to join them in this day of outing. CITY ENGINEER LILL reporte1 the Engineering Dept. are now working on the 1911 Act Improvement plans fur hurbisson Avenue from 16th 3/25/58 286 Street northerly to the Williams Manor Subdivision. The original petition was for sidewalks, however, we included curbing and now we find that due to the condition of the street it is undesirable to put in sidewalks and curbs unless we do something to the pavement. The houses are built high on each side, and the street is low, and if we put in curb and sidewalks on a 40 foot wide street, it will make several driveways that will be impassable. Mr. Lill suggested the Council authorize the inclusion of street paving in that portion of Harbison Avenue in the 1911 Act Project. COUNCILWCYVIAN HOLLI JGSwORTH asked if the Engineering Department could send a notice to each one of those people who signed the petition and tell them of the Engin- eer's findings and get an expression of their opinion. ENGINEER LILL asked if he should tell them they will have City contribution on the paving. CuUNCILMAN FESSMAN asked if the present base would have to be dug out or just add some more base. CITY ENGINEER LILL stated they would fill over the top and not excavate anything; put a surface coat over the stuff that was on grade and fill over with a base coat where it was broken. Moved by Heck, seconded by Hart, before any further action is taken, the City Engineer make a report to the Council as to what he thinks would be required as to the amount of fill, approximate cost if the Uity did participate, and after the report, the property owners can be so advised as to what the City's contribution will be to the project. Carried, all the Council present voting aye* CITY CLERK ALSTON made reference to the holding of a Council meet- ing on election day and stated she checked the Ordinances and there does not seem to be any governing closing on City election days, but the last election we did not have a quorum present so there was no meeting. CITY MANAGER BIRD recommended the bids on the Tidelands Sewer Pro- ject be laid over for a report from the City Manager and City Engin- eer. Moved by Fessman, seconded by Hart, the City IVianager's recom- mendation be approved. Carried, all the Council present voting aye. REPORT FROM THE CITY ENGINEER was read stating that the improvements installed within the Sunnyvale Subdivision have been inspected and approved by the Engineering Department, and it is recommended they be accepted by the City.. CITY MANAGER BIRD stated it is his recom- mendation the City Attorney prepare the necessary resolution for the acceptance of the Sunnyvale Subdivision and the refund of the money. Moved by Fessman, seconded by Hart, the City Manager's ream - mendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he is in possession of another deed on the Paradise Creek Channel, the acquisition of almost all of the Richard- son property; after consultation with their attorney we are in pos- session of the agreement and recommended the City Attorney be auth- orized to prepare a resolution accepting the deeds and starting the escrow. Moved by Hollingsworth, seconded by Fessman, the City Man- ager's recommendation be approved. Carried, by the following vote to -wit: Ayes': Fessman,, Hart, Heck, Hollingsworth, Hodge. Nays: None, 3/25/58 287 RESOLUTION NO. 7192 was read, authorizing the transfer of $15,00040 from the General Fund to the Retirement Fund. Moved by Hollings- worth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in the matter of the recommendation approved by the Council relative to painting of 8th Street and the moving of pedestrian signs and replacing with school crossing signs,has been ordered. We have to order the signs and the weather is such we can- not paint at the present time. The light at 19th and 'I4 Avenue has been ordered from the Company., and the contract relative to its con- struction will be forthcoming. CITY MANAGER BIRD stated in regard to the plaque for the swimming pool, the size 30 x 424 was favorably approved by two of the City's staff and the Supt. of Parks. The order has been placed for same,. however., we cannot have it cast until we decide on the dedication date,• and again the weather has held us up. Friday of this week we are having another conference with the Architect and the Contractor, and w.e might possibly have a firm date for the dedication. REPORT FROM THE PLANNING COIvVISSION was read recommending acceptance of a rant deed from William G. and Agie Kostakos for the Westerly half (30 feet) of °'Sd' Avenue between 4th and 7th Streets. Also at- tached was a ten foot wide easement adjacent to and westerly of the portion of 4S4 Avenue proposed to be dedicated, and it was the recom- mendation of the City Engineer that the easement be accepted. Moved by Heck, seconded by Fessman, the Planning Commission's recommend- ation be approved and the Attorney prepare the necessary resolution of acceptance of the deed and easement. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COUNCILMAN FESSMAN stated that an Cleveland Avenue in the area ad- jacent to Scrap Disposal yards, it appears they are in violation of several City ordinances. Over the week end, there was a truck parked in the sidewalk area at the corner of 17th and Cleveland Avenue between their scales and the street. Their yard has not been cleaned up as far as the surface of the area is concerned, and the trucks operating there in rainy weather has pulled out a lot of dirt and debris into the street, and it creates a hazard for anyone driv- ing by, Mr. Fessman said he thought the matter should be brought to the attention of the proper authorities and Scrap Disposal be informed they should clean up their operation as far as the street is concerned. COUNCILMAN HECK asked the City Manager if there is any law which prohibits trucks from tracking mud onto pavements. CITY MANAGER BIRD stated he would like to go into the zone variance as he believes there were certain stipulations and certain promises made by Scrap Disposal as to cleanliness of the yard, etc, as to other than a dripping load and that sort of thing, there is nothing in the Vehicle Code which would cover it; as to parking on the side- walk area there definitely is, and it will be referred to the Police Department. Mr. Bird said he will contact Mr. Williams of Scrap 3/25/58 288 Disposal, and he feels things such as these,when g8ught to our attention, can be handled on a cooperative basis/wren pointed out to the operators or venders, it can be taken care of. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:29 P.M. ATTEST: 4 Z,( MAYOR, CITY Or NATIONAL CITY' CALIFORNIA CITY CLERK 3/25/58