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HomeMy WebLinkAbout1957 10-08 CC MIN131 National City, California, October 8, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. oaclock. Council members present: Fessman, Hart, Hodge. Council members absent: Heck, Hollingsworth. ADMINISTRATIVE OFFICIALS present: Bird, Curran, Stockman, Lill, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Mayor Hodge. Moved by Hart, seconded by Fessman, that the minutes of the regular meeting of October 1, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7083 was read, authorizing the City Clerk to accept and consent to deeds or grants conveying any interest in or easement upon real estate to the City of National City for public purposes and to execute for and on behalf of City of National City certificates of acceptance in the form provided by Sec. 27281 of the Government Code. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None, Absent: Heck, Hollingsworth. RESOLUTION NO. 7084 was read, ordering the City Clerk to execute a certificate of acceptance and to record the deeds or grants convey- ing interest in or easement upon real estate to City of National City as follows: Grant deed from Thomas E. and Evelyn B. wuard, dated August 20, 1957; Easement from Vincenta Gonzales, dated September 19, 1957; Easement from Arthur D. Patterson, dated September 4, 1957; Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the f ollowin vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. RESOLUTION NO. 7085 was read, "RESOLUTION A210INTING ENGIIZER (Hard- ing Avenue)." Moved by Fessman, seconded by Hart, that the Resolut- ion be adopted. Carried, by the following vote to -wit: Ayes: Fess- man, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. RESOLUTION NO. 7086 was read, "RESOLUTION APPOINTING PERSON TO PRE- PARE ALL PROCEEDINGS (Harding Avenue). Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. RESOLUTION NO. 7087 was read, "RESOLUTION AUTHORIZING PURCHASE OF INTEREST IN REAL PROPERTY°. The purchase of an easement across certain real property owned by Richard V. Ambre and Margaret Iviary Ambre for the sum of M0X0 is approved and authorized, and the drawing and issuing of a warrant for such sum is hereby directed. Moved by Hart, seconded by 2essman, that the Resolution be adopted. Carried, by the followin vote to -Nit: i1yes: Fessman, Hart, Hodge, Nays: None. Absent: Heck, 7ollingsworth. 10/8/57 132 RESOLUTION NO. 7088 was read, approving and accepting the mutual assistance agreement submitted by the County of San Diego for the operation of warning sirens, and the Mayor is authorized and direct- ed to execute same for and on behalf of the City. Moved by ?essman, secunded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. RESOLUTION NO. 7089 was read, -RESOLUTION DETERMINING THAT PROJECT SHOULD r.LOCEED (l7th Street)."- Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. OiRDINANCE NO. AN ORDINANCE OF THE CITY OF NATIONAL CITY RE- ZONING CERTAIN PROPERTY ON HOOVER AVE UL AT 16TH STREET AND AT THE NORTHti EST CORNER OF HIGHLAND AVENUE AND 10TH STREET', was presented for the first reading, and read in full. ATTORNEY CURRAN reported that he has been advised that the e,g— .: _. ular meeting last Tuesday, the Board of Directors of the South Bay Irrigation District considered the final draft of the proposed Joint Powers Agreement and at that time the Board took action to arrange a meeting with the Chamber of Commerce of Chula Vista and also with the City Council of the City of Chula Vista which will be held sometime in the near future. ATTORNEY CURRAN stated that a Contract Boncl issued by Glens Falls Insurance Company, being Bond No. 73-75-00, has as principal F. San Martin & Sons, which is required pursuant to the contract F. San Martin & Sons for the collection and disposal of garbage, and recom- mended it be approved and filed. :Moved by Hart, seconded by Fessman, that the Attorney's recommendation be followed. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the United States Fire Insurance Company has issued a Certificate of Insurance showing that Ets-Hokin & Galvan has public liability and property damage insurance, and recommended it be approved and filed. Moved by Hart, seconded by Fessman, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him an easement which the local officers of the Santa Fe Railway Company proposed to give to the City provided they could receive the clearance from their superior officers. This proposed form of easement makes certain ex- ceptions and reservations which do not appear to be satisfactory to -- the City Attorney. If the City desires to pursue this matter further, the Santa Fe Railway Company should be notified the one clause mak- ing the exceptions and reservations, is not acceptable. Moved by Hart , scoonded,by .'essnal, that it be referred back to them and not- ify, them that certain clause is not acceptable. Carried, all the Council present voting aye. ;. s TROT SHIPuAN, 1805 "N'' Avenue, was present and requested pxmission 10/8/57 133 to move a newly constructed home from 4iting Mead Lumber Company in San Diego to a lot at the dead end of Second Street east of Harbison Avenue in National City. CITY MANAGER BIRD stated there is an or- dinance which prohibits any house from being moved into the City of National City. This is a model house, has never been occupied, is a newly constructed house, and is in the category of houses that are built on the production line. COUNCILMAN FESSMAN stated the reason he voted to prohibit the moving of buildings into National City was because they were always old buildings, and in this case it is a little different because it is a new house, and is a different meth - of of delivery of a house, and for his part it would not come within the intent of the ordinance. COUNCILMAN FESSIuiAN asked if the Ordin- ance gives the Council the privilege of making exceptions. ATTORNEY CURRAN stated there is no authority in the Ordinance for the Council to make any exceptions, the only thing he could suggest would be a study of the Ordinance to see whether or not it could be reasonably interpreted that it is as Ir. 2essman understands, if not, then to take the action that Council desires woul.. necessitate a change in the Ordinace. Moved by Hart, seconded by £essman, that it be referr- ed to the City Attorney, Carried, all the Council present voting aye. APPOINTMENT OF CIVIL SERVICE COMMISSION MEMBER was presented. MAYOR HODGE asked that it be held over until the next meeting. APPOINTMENT OF MEMBER TO COUNTY INDUSTRIAL PLANNING COMMISSION was presented, and Mayor Hodge requested it be held over until the next meeting, APPOINTMENT OF MEMBER TO PARK & RECREATION ADVISORY BOARD was pre- sented. Mayor Hodge asked if the Council had any objections to ap- pointing Clifford tiff. Reed, Sr. as a member of this Board. The Coun» cil Members were in agreement, and Mr. Reed was appointed. COMMUNICATION FROM SAN DIEGO GAS & ELECTRIC COMPANY was Tead protest- ing the vacation of 10 feet of Highland Avenue to 'J' Avenue, 2lst to 24th Streets, until easements providing for existing facilities can be edited and successfully negotiated with the abutting .property owners. Upon completion of successful negotiation for the above mentioned easements, the San Diego Gas & Electric Company wall notify the City Council. CITY PLANNER STOCKMAN stated this was previously referred to the Planning Commission and is under study at t1e pres- ent time, along with contiguous sidewalks and curbs, However, it was laid over at the last Planning Commission meeting for a report from the utility company and no actual recommendation will be made until final decisions have been reached with the utility company. It will go before the Commission Oct. 14th. Moved by Fessman, sec- onded by Hart, that it be referred to the Planning Commission. Carried, all the Council present voting aye. APPLICATION FOR NEVi OFF SALE BEER AND a+TINE LICENSE by Johnson's Grocery, 1803 Highland Avenue, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation revealed that a similar application was denied in December, 1954, as the business was too close to the 10/8/57 134 vicinity of Highland Avenue School, and is therefore recommended this application be protested. Moved by Fessman, seconded by Hart, that the recommendation of the Police Chief be followed, and the City of National City protest the issuance of the license. Carried, all the Council present voting aye. COMMUNICATION FROM; WILLIAM VILLELLA was read stating that August 27, 1957 they paid a sewer district service fee of $170. on permit No. 2885 in connection with the construction of a commercial build- ing at 2743 Highland Avenue. Since a sewer connection had previous- ly been made on this property and paid for, the payment was a dup- lication, and requested the payment of $170. be refunded. REPuRT FROM BUILDING INSPECTOR BIGGS was read stating that sewer permit No. 2885 was issued to William Viliella by this office on August 27th in the amount of $170. to serve a new structure located at 2743 Highland Avenue. An investigation of the records on file has de- termined that sewer permit No. 1710 was issued in August 15, 1950 in the amount of $170. to serve a dwelling at 2741 Highland Avenue. Since the two structures are located on the same property in such a way they cannot be subdivided, only one payment of the sewer dis- trict service fee is required. Therefore, it is recommended that Er. Villella;s request be approved and the $170.be refunded. Moved by Hart, seconded by Fessman, that the $170. be refunded to Mr. Villelia. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. COMMUNICATION FROM CALIFORNIA WATER & TEL 2HONE CC ANY was read re- garding 0. D. Arnold Estates Subdivision Unit No. 2. The developer has entered into an agreement under which water service will be available to Unit No. 2 when the necessary funds are deposited with the Company covering the installation of these facilities. Moved by Fessman, seconded by Hart, the communication be referred to the City Attorney. Carried, all the Council present voting aye. VERIFILD CLAIM against City of National City signed_by Anne T. Mosley, was presented. he claim states that Mrs. Lesley has been damaged in the sum of $3,340.94 by reason of the flooding of her property at 1012 rB: Avenue by an overflowing sewer. Moved by Hart, seconded by Fessman, that it be referred to the City Attorney. Car- ried, all the Council present voting aye. RESOLUTION NO. 435 of San Diego County eater Authority establishing vote of representatives of member ag$ncies for the fiscal year 1957-58, was read. The City of National City will be entitled to cast five votes. Moved by Hart, seconded by 2essman, that it be referred to the City Attorney. Carried, all the Council present voting aye, CITY ENGINEER LILL reported that the paving of Wilson Avenue from 16th to 22nd Street should be completed this week; the paving of 18th Street from Palm Avenue to Raphael Avenue should also be com- pleted this week. Work has begun an the Sunny Vale Subdivision, which is in the vicinity of ;:u ' Avenue, 6th Street. 10/8/57 135 CITY ENGINEER LILL stated in regard to the request of Byrl D. Phelps, Engineer of vjork, on the 0. D. Arnold Estates Subdivision Unit No, 2 to install four inches of asphalt concrete pavement on a street that has a grade in excess of 12%, Ordinance No. 904 specifies that any grade exceeding 12% on streets in a subdivision the pavement be six inches of portland cement concrete. Mr. Lill stated he talked with the Engineering Department of the City of San Diego on this matter, and they both agreed there was no particular reason for this 12% division between the asphalt concrete and the portland cement concrete as far as the pavement lasting. It is concluded that the requested paving will be as satisfactory as the remainder of the subdivision paving. Ordinance No. 904 specifies that any variance should be by resolution of the City Council approving suoh variance. Moved by Fessman, seconded by Hart, that in accordance with Ordin- ance No. 904 that the variance permitting the use of asphalt pave- ment on this street on the 0. D. Arnold Estates, as per Mr. Phelps' request, be granted, that a resolution be prepared to permit such variance. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. CITY MANAGER BIRD reminded the Council of the invitation of the lire Chief to attend the demonstration of an alarm system after the close of the -Council meeting. REPORT OF CITY MANAGER BIRD AND CITY ENGINEER LILL, Hearing Officers for Improvement of Highland Avenue from Division Street to 30th Street, was read. A hearing was held on September 3, 1957, attended by 56 persons. The report was read and the proposed improvements were discussed by the Engineer of uvork. 159 written protests were on file and read. One written protest was received, read and filed. A verbal protest was received from Mr. Miller, who also stated he had mailed a written protest to the City. The hearing was continued until 8:00 P.M., October 1, 1957, to enable the protests received to be tabulated. After tabulation, it was determined that the pro- tests received were from persons having an interest in 75 percent of the frontage proposed to be assessed and having an interest in more than 50 percent of the area of the proposed assessment district The only location in which no protests were received for a cli.stance of one block or more was the area from loth Street to 12th Street. The continued hearing was held at 8:00 P.M., October 1, 1957, rend seven persons interested in the improvement were present. It i5 concluded that this project in its present form does not have the support of a majority of the property owners within the proposed assessment district. Moved by Hart, seconded by iessman, that the 1911 Act on Highland Avenue be abandoned. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Ab- sent: Heck, Hollingsworth. COMMUNICATION FROM STATE BOARD OF ADMINISTRATION EPu LOYEES' RETIRE- MENT SYSTEM was presented, giving notice of a meeting 2riday, Oct- ober llth in Sacramento. This is in relation to Public Law 229 en- acted since the Board meeting August 9th, and permits a simplified division procedure eliminating the need for a referendum. CITY 10/8/57 136 LANAG 2 BIRD stated he does not feel it is necessary for anyone from National City to attend this hearing because the hearing will probably be continued the latter part of November or fore part of December in Los Angeles. RESOLUTION NO. 7090 was read, authorizing and approving the grant- ing of a right of way to San Diego Gas & Electric Company, and the Mayor is directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge, Nays: None, absent: Heck, Hollingsworth, RESOLUTION NO. 7091 was read, approving the proposed lease with John Hancock Manufacturing Company for a portion of the National City Tidelands, and the Mayor is authorized and directed to execute the same for and on behalf of the City.' Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes:. Fessman, Hart, Hodge. Nays: None. Absent: Heck, Hollingsworth. COUNCILMAN FESSMAN stated he would like a written opinion from the City Attorney relative to Councilmen's responsibilities and pro- hibitions in the matter of where a conflict of interest might occur. There is a new law passed, and in his particular case, the City has a certain amount of business with railroads in the City, and he has a very minute interest in both of them and would like to knob t where he stands in this regard. Moved by Fessman, seconded by Hart, that the City Attorney be authorized to present his opinion in writing in regard to this matter. Carried, all the Council present voting aye. Moved by Hart, seconded by 2essman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:33 P.M. ATTEST: Z:z(A.Z. t MAYOR, CITY OF NATIONAL CITY, CALIFORNIA Cum CITY CLEF /� #Q c 10/8/57