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HomeMy WebLinkAbout1957 11-05 CC MIN153 National City, California, November 5, 1957 Regular meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Heck, Hollingsworth. Council members absent: Hodge, ADmINIST.t TIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Warriner. Moved by Fessman, seconded by Hart, that the minutes of the regular meeting of October 22, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7106 was read, ordering the City Clerk to execute a certificate of acceptance and to record the easement from William E. and Paula Rae Baker, dated October 12, 1957. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. i ` OLUTIUV NO. 7107 was read, "RESOLUTION APPOINTING ENGINEER (°13 Avenue)." Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. .absent: Hodge, RESOLUTION NU. 7108 was read, "RESOLUTION APPOINTING PE:13 6J TO PRE. PARE i.LL 1ROCELDI� Ga ( "3 Avenue).'' Loved by Hart, seconded by Fess- man, that the Resolution -be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: 'done. Absent: Hodge. 0 DIAJ,ACE NO. ,"AN ORDINANCE OF THE CITY OF JATIi \IAL CITY RELO J- I iG CLi.iTAI l akERTY ,+-EST i ? IN .TIo ii L r.VLNUE BELELN 16TH ,IND 18TH `:i.1ELT", was presented for the first reading and read in fully.. i TTORNEY CURRAN stated we have a procedure to follow with reference to the adoption of the Electrical Code, that is the title of the or- dinance be read, after which the City Clerk is instructed to set the. matter down for a hearing. The title reads as follows: "AA O. DIN- Ai''CL OF THE CITY OF NATIoNAL CITY, CALIFORNIA, ADoLTING 13Y R.;,2:-1.00E THL idATio,I L ELECTRICAL CODE." The Attorney recommended that the hearing be set for this matter, and the City Clerk be instructed to publish this notice twice for the third day of December at 2:00 o'clock P.L. Droved by Hart, seconded by Fessman, that the City At- torney's recommendation be followed. Carried, all the Council pres- ent voting aye. ATTORNEY CtEL N reporte that the authorization for him to prepare a form of easement to be presented to the Santa Fe Railway Company has been acted upon, and the ease::ient :gas been prepared and forwarded to 11/5/57 154 the Chief Engineer in Los Angeles for consideration of the Railway Company. ATTOTNEY CURRAN reportel the Daley Corp. presented a certificate of insurance, in accordance with the requirements of the contract for the resurfacing of 8th Street from Hoover to ''L" Avenue, of the State Compensation Insurance Fund, showing it has the -insurance required by law; also a certificate of Indemnity Insurance Company of North Amer- ica showing general liability and automobile liability insurance; a certificate of Swett &Crawford showing property damage insurance; and recommended they be approved and filed. Moved by Heck, seconded by Fessman, the Attorneys recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated Resolution No. 435 of the Board of Directors of the San Diego County oater Authority, which was referred to him for consideration, has been examined and required no affirmative act- ion, and recommended it be filed. Moved by Heck, seconded by Fess- man, the Attorneys recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the copy of the communicat- ion directed by the Controller of the San Diego County cater i.uthor- ity to Ivir. Beenfeldt of the California 6.ater d; Telephone Company, dated October 7, 1957, required no action. The information contained therein might properly be made apart of the City Attorney's files in the pending negotiations with the South Bay Irrigation District, and recommended the matter be tabled and the communication be retain- ed by the City Attorney for that limited purpose. Moved by Fessman, seconded by Hart, the Attorney's recommendation be approved. Car- ried, all the Council present voting aye. ATTORNEY CURRAN stated 0. D. Arnold and Sons has submitted a letter form of agreement that the partnership will build a board fence along the west line of the 0. D. Arnold Estates, in conformity with the re- quirements of the City Council, before the rezoning of the property. They have submitted a surety bond issued by Fidelity and Deposit Com- pany guaranteeing the performance of the obligation to build the fence. The agreement and bond are in order, and recommended they be approved and filed. Loved by Hart, seconded by Fessman, the Attorn- ey's recommendation be allowed. Carried, all the Council present vot- ing aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented; General Fund Traffic Safety Fund Park Fund Retirement Fund Special Street Fund Special Census Payroll Fund TOTAL $30,167.89 2,353.18 146.17 889.20 9,298.91 2,610.36 75,339.69 . p120, 805.40 11/5/57 155 Moved by Heck, seconded by Hart, that the bills be approved, and warrants ordered drawn for same. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Ab- sent: Hodge. Moved by Fessman, seconded by Hart, that the matter of amendment of Ordinance No. 905 be laid over until we have a full Council present. Carried, all the Council present voting aye. iiL&(1 T OF CITY iw1NAGL BIRD relative to the request of Muscular Dy- strophy Association to place canisters in the City, was read, stat- ing that the Association is not a member of the United Fund Drive. Moved by Fessman, seconded by Hart, that permission be granted, as requested. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck. Nays: Hollingsworth. Absent: Hodge. Ct a; 'I NICr.TION FROm DORRIS L. & HERBLIIT L. JOHNSON was read stating they are enclosing a copy of the letter from the Governing Board of the National School District stating they have no objection to grant- ing an off -sale license to Johnson's Market, 1803 Highland Avenue. They ask that their application be reviewed as they loose a great deal of business without being able to handle beer and wine. COO. OF COmmUNICATION FROM NATIONAL SCHOOL DISTRICT addressed to State Board of 'equalization was read, stating they have no objection to the grant- ing of an off -sale license to Johnson's Market, 1803 Highland Avenue, Moved by Heck, seconded by Hart, the City Council rescind their prev- ious action of a protest and order the application filed, and the At- torney notify the State Board of Equalization of the action. Carried, all the Council present voting aye. CCd'uMUNICATION FROM STATE OF CALIiio NIA DEPARTI,LNT OF PUBLIC WORKS was read in regard to the 5/8V gas tax for expenditure on city streets. Section 2107.5 of the Streets and Highways Code was amended during the recent legislative session to provide that the engineering aid money shall be allocated annually rather than quarterly as in the past. The quarterly allocation of 5/8V gas tax funds to National City for the period ending September 30, 1957, based on a population of 27,408 is p21,840.87. The section 2107.5 annual allocation for this fiscal year is y6,000.00. Moved by Heck, seconded by Fessman, the communi- cation be filed. Carried, all the Council present voting aye. COitMUTNICATION FROM raALKOE & DIERDOFF, Attorneys, was read requesting a modification of City's ordinance governing the moving of buildings into the City. I'iovey by Heck, seconded by Fessman, the communication be laid over and kept in the unfinished business until the time the amendment of Ordinance 905 is presented. Carried, all the Council present voting aye. CU'MUNICATIOd FROJOHN H. mC CARTNLY was read thanking the Council for appointing him a member of the Civil Service Commission. Moved by Heck, seconded by Fessman, the letter be filed. Carried, all the Council present voting aye. 11/5/57 156 COMMUNICATION FROM WILLIAM H. and GLADYS I. PHILLIPS in regard to their request for work to be done at 2911 E. 18th Street, was read. In accordance with the request of City Manager Bird, they made a written declaration of their wishes regarding the work to be done at their home, pursuant to the work on E. 18th Street. Moved by Heck, seconded by Fessman, the communication be forwarded to the City Man- ager to be compiled with the other requests. Carried, all the Coun- cil present voting aye. COMMUNICATION FROM SOUTH BAY HIGHWAY ASSOCIATION was read requesting the payment of dues for 1957-58 at this time. CITY CLERK ALSTON stated she contacted the Secretary, ivir. Lawton, and he did not know the amount of the dues, it was what anybody wished to give. She also contacted Er. Brinkman, Secretary -Manager of the Chamber of Commerce, and he did not know. Loved by Fessman, seconded by Heck, the com- munication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM STATE DEPARTMENT OF PUBLIC HEALTH was read regard- ing sewage disposal to San Diego Bay areas. Very little progress appears to have been made toward financing, planning and construction of sewage collection, treat@t and disposal works and elimination of all sewage discharges to San Diego B7. The State Board of Public Health has asked that each agency now served by systems discharging sewage to San Diego Bay be invited to appear at the next Board meet- ing to be held in Los Angeles on December 13, 1957. The Board wishes to learn what has been accomplished in the last two years, and the present status of plans for cleaning up the waters of San Diego Bay. Moved by Heck, seconded by Hart, the communication be referred to the City Manager, either to appear in person or to delegate someone to appear, and that the communication be acknowledged. Carried, all the Council present voting aye. PETITION for 1911 Act Improvement on Grove Street from 16th Street to 18th Street, was presented. Moved by Heck, seconded by Fessman, the petition be forwarded to the City Engineer for a feasibility re- port. Carried, all the Council present voting aye. COMMUNICATION FROM BR",LiLET CHAMBE2 OF COMMERCE was read, extending an invitation from the Brawley Chamber of Commerce and the City of Braw- ley to the Mayor and City Council to attend Brawley Cattle Call to be held for three days, beginning at 2:00 P.M. Friday, November 15th. CITY v":.ERK ALSTON reported she filed the affidavit of mailing of notices for used district hearing which was held in October; the af- fidavit of mailing of notices of adoption of Resolution of Intention on 17th Street; she also filed an affidavit of posting notices of filing of assessment and hearing on Kenton Ave; affidavit of mailing of notice of hearing on assessment on Renton Ave; affidavit of post- ing of notice of filing assessment and time of hearing thereon on Fourth Street; and affidavit of notice of hearing on assessment on Fourth Street, and also has the affidavits of publication of same. 11/5/57 157 CITY ENGINEER LILL reported that the 8th Street improvement is well under way; the concrete work is practically done on the Grove Street improvement; the assessment roll for tailsoi Avenue is completed and was forwarded to the City Attorney. Notice of the improvement of 17th Street has been posted. REPLJRT FROM CITY EliGINEi;R LILL was read relative to the petition for the improvement of Grove Street from 16th to 18th Street, stating the petition was signed by persons interested in 67% of the property that would be within the district proposed to be assessed. The petition requests that 4" A.C. paving be installed. It is recommended the project be authorized with the condition that as part of the project the sub -grade be improved as required to provide a suitable base for the requested pavement. CITY id,ANAGER BIRD stated the petition calls for 4" A.C. paving, and on that basis the petition was circulated. It is the opinion of Engineering Department that perhaps we may run into a sub -grade which will not sustain a 4" A.C. paving, and as the petition itself requested that specifically, we request that the Council go along with the recommendation of the Engineering Depart- ment. CITY mANAGiR BIRD stated it is his recommendation that the be authorized to make soil bearing tests before proceeding with engineer- ing to bring this to a hearing date to see exactly what we will run into. Moved by Heck, seconded by Fessman, the City Manager's recom- mendation to proceed, in conjunction with engineeringato conduct a soil bearing test be approved. Carried, all the Council present vot- ing aye. CITY MANAGER BIRD stated he has a sewer easement from Earl L. & Jean N. Roys, and recommended the Attorney be authorized to prepare a resolution accepting the easement. Moved by Hart, seconded by Fess- man, the City Manager's recommendation be followed. Carried, all the Council present voting aye. PETITION for the improvement of 'J" Avenue from 22nd Street to 24th Street, and 23rd Street from c Ili -Avenue to 'L' Avenue, was presented. REiaRT /P&L CITY E GINL:A LILL was read stating the petitions were signed by persons interested in more than 65% of the property within the district proposed to be assessed. It is recommended the project be authorized by the Council and the petitioned improvements be com- bined with the existing project to improve 'K." Avenue from 21st Street to 24th Street. It is also recommended that the drainage project in this area be constructed at the same time as the street improvement, in so far as feasible. CITY MANAGER BIRD stated the drainage in this particular area was discussed quite some time ago, and the City Engineer and his staff were ordered to prepare a tentat- ive drainage project in the area, which has been done. It is the Manager's recommendation, the report be accepted and the work be car- ried through in the manner as recommended by engineering, including the drainage, coupling it with the "K" Avenue project all of which have been petitioned. Moved by Fessman, seconded by Heck, the City Manager's recommendation be approved. Carried, all the Council pres- ent voting aye. COUiACILmANv HECK statedthis project is very vital and would like to have engineering start on it as soon as possible. 11/5/57 158 Loved by Heck, seconded by Fessman, the City Attorney be instructed to prepare the necessary resolutions to continue the project. Car- ried, all the Council present voting aye. CITY MANAGER BIRD reported on the matter of priority regarding grade separations, and at this time we do not know of any grade crossings in the City that should be separated. REPORT FROM CITY ENGINEER LILL regarding refund of deposit for in- cidental expenses - 1911 Act Improvement of +'DAvenue, 2lst to 24th Street and 22nd and 23rd Streets from Highland to ,I4 Avenue was read. The total amount of incidental expenses due an this project is • $1,049.19. The Kenneth H. Golden Company, Contractor, paid prelimin- ary incidental expenses of $747.06 on March 25, 1957. Crowell, Leedon and Company purchased the warrant for the project from the contractor, and on October 4, 1957, deposited with the City the amount of $1,049.19 for incidental expenses. As this is the entire amount of incidental expenses due, the preliminary deposit of y747.06 should be returned to the Kenneth H. Golden Company without delay. CITY mANAGER BIRD recommended, that with the approval of the City Attorney, the City Clerk be authorized to draw the necessary warrant for a re- fund, Moved by Fessman, seconded by Hart, that City Iianager's recom- mendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. CITY mANAGER BIRD recommended that the City Clerk be authorized to draw a warrant in the amount of $5,604.96 in favor of Crowell, Weedon & Co., for the City+s contribution of the im rovement of 4I" Avenue. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be followed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. CITY MANAGER BIRD requested the authorization to issue warrants for the acquisition of the first portions of our drainage system, known as Project 'C44. RESOLUTlDN NO. 7109 was read, approving and authorizing the purchase of an interest in certain real property for the following named per- sons, for the sum set forth, and the drawing and issuing of a war- rant to each of said persons for such sum is hereby directed: Albert P. Martin & Ida S. Martin, $22,000.00; Harry H. Henderson & Lee A. Henderson, $3,000.00; Cecil E. Finney &Lrs. C. E. Finney, $3,000.00; Milian P. Rasmussen and Bertha L, Rasmussen, $8,000.00; Glenn S. Meece & Iwildred E. Meece, $3,000.00. Moved by Heck, seconded by Fessman, the resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. CITY MANAGER BIRD stated in a meeting of the Finance Committee, it was recommended by the Committee, for consideration by the City Coun- cil, that a resolution be prepared authorizing the Mayor to sign on behalf of the City, the Joint Powers Contract between the South Bay 11/5/57 159 Irrigation District and the City of National City to purchase the Sweetwater Division of the California ater 'Telephone Company, in accordance with terms set forth therein, when the South Bay Irrigat- ion District has signed said Joint Agreement. Moved by Heck, second- ed by iessman, the Finace Committee's recommendation to the Council be approved. Carried, all the Council present voting aye. CITY I.iANAG 3 BIRD stated there was a matter brought before the Fin- ance Committee by Layor Hodge in relation to the possible location of a Hall of Science within the City of National amity, and it was the recommendation of the Finance Committee to the City Council that the City Lanager be authorized to contact 4iobert Heilbron, Chairman of the Site and Location Committee, to ascertain whether or not they would be interested in locating said Hall of Science within the Nat- ional City area. Loved by Fessman, seconded by Hart, that authoriz- ation for the City :Manager to contact Lr. Heilbron be granted. Car- ried, all the Council present voting aye. COLLUNICATIUN FR1„ w AAA. RUSH, 2928 Avenue, was read asking that someone be authorized to investigate the possibility of putting a street light on the corner of 30th and «," Avenue, or on the alley between the 2800 and 2900 block on 41P Avenue , Since 1950 it has been necessary to call the police at least once a year to report thefts. CITY L AGL...I BIRD stated he investigated the location of street lights in the area, and there are two street lights, but on i°DJ. Avenue south of 28th Street there is not a street light, and recommended he be authorized to ascertain price from the San Diego Gas & Electric Company for the installation of a light, not on the City limits but at the location of the east and west alley between 28th and 30th Street on 'vi' Avenue. Loved by Hart, seconded by Fess- man, the City Manager ' s recommendation be approved. Carried, all the Council present voting aye. 'Loved by Fessman, seconded by Hart, that the City Iiianager be authorized to request the 2colice Department to patrol the area a little better, there is a lot of speeding on 28th Street between Highland and Avenue, as well as on ^L'. Carried, all the Council present voting aye. CWLONICATION P&L LI i FRED C . IiA1.6iliv4idit 1637-39 Highland Avenue, was read which stated that in order to complete improvements on his property the breaking• of the curb and installing of a driveway will be neces- sary. To makethis improvement according to City specifications seems unwise due to the present street widening activities, and asked if the Council would consider granting a permit for temporary install- ation to be made until such a time the status of the street is defin- itely determined. ivioved by Heck, seconded by Hart, that Lr. 2eter- man's request be allowed. Carried, all the Council present voting aye. Lth+ELL i3. TLii , 580 Corte Helena, Chula Vista, was present and stat- ed -he would like to know how he stands in regard to the project he has in National City. he said he has made an application to build four more houses. Iv'r. terry said he vent to the State Real estate Office twice, and they said he coual definitely go ahead as far as 11/5/57 160 they are concerned, that he is not violating any State law. It is his understanding that it has been referred to the City Attorney for a decision, and he would like an answer if possible. VICE LAYOR HOLLINGS,oRTH asked what the final determination of the Planning Commission was in this regard. CITY rLANN& STOCELAN stated the Planning Commission's recommendation was that she issue a permit up- on the advice of the City Attorney. ATTORNEY CURRAN stated the act- ion of the Planning Commission has been referred to him by Mrs. Stock- man, and the matter is being considered and will be determined in due course. RESOLUTION NO. 7110 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY REGARDING THE PASSING OF iri& IDETH L. CAMPBiiLL° . Loved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: F'essman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROibi THE PLANNING COmMISSIoN was read regarding the request of Vincent 4llardson and Bishop Calvin A. Judd for the closing of °Icy Avenue from 21st to 24th Streets, also 22nd and 23rd Streets from Highland Avenue to " P Avenue from an 80 foot right of way to a 60 foot right of way. Permission is also requested to install sidewalks in this area contiguous to the curb instead of within 2 feet of the property line as required by ordinance, Reports from the utility companies indicate the Pacific Tele-hone and Telegraph C onany, and the San Diego Gas ec Electric Company maintain facilities within the area proposed to be vacated, and it will be necessary to secure ease- ments prior to the closing. Petition received signed by eleven prop- erty owners within the area protesting the requested closings as they feel it is against guod policy and planning and would be detrimental to their properties. In view of the substantial protest received, it was the recommendation of the Commission that the requests be denied. Loved by Fessman, seconded by Heck, that the Planning Com- mission's recommendation be apiroved, and the denial be sustained. Carried, all the Council present voting aye. P C T FRUL THE PLAIiiiIAG CC iL IS3IUN was read regarding grant deeds received from John E. and Minnie Hemmingson relative to a portion of the southerly prolongation of -Pu, Avenue south of 17th Street, which would open up possible development in the area. The Commission recom- mended acceptance of the deeds. Loved by Heck, seconded by Fessman, the Planning Commission's recommendation of acceptance of the grant deeds be approved, and the Attorney prepare the necessary resolution. Carried, all theCouncil present voting aye. VICE IViAYOR HOLLI dGSwORTH stated there are some people living on Lan- oi tan Avenue, and due to the building of the Junior High School, their property is flooded during rainy weather. The City Engineer says it is going to be quite expensive to take care of it. Mrs. Hollingsworth stated we have the drainage money, and she would like to know if the City Engineer has finished the plans on that portion so something cuuld be done in this regard. CITY ENGINEER LILL stated 11/5/57 161 the plans are not complete as yet. VICE MAYOR HOLLINGSriORTH said she would like to ask the Council to authorize the City Engineer to complete this project. COUNCILtuAN FESSLI asked what the responsi- bility of the School District is in thismatter. CITY mANAGER BIRD stated the School contends that it is not their responsibility, as a permit was granted to them to build the school, and in the plan it shows the drainage coning from the area to be paved, and the roof area from the school coning onto Granger avenue, therefore, they do not have the liability. The Street Department, at the direction of the City Manager, did cut Granger rvenue in front of the school south from their driveway to eliminate a considerable amount of the water which was coming across Granger Avenue, and cutting south to 24th Street on the west side. :le have two or three places of this nature within the City, and they are a nuisance and a liability every time we get a little rain. They can be corrected, but it is going to be costly. COUNCILMAN FESSMAN stated he wondered if the Council is justified in spending public funds to alleviate the conditions aris- ing from flooding of homes that are built in extremely low places or in natural drainage areas, such as this one is, and whether or not this drainage improvement should not be put in with some participat- ion by the property owners in the area, by means of an assessment district, or other means that would be legal. CITY TANAGER BIRD stated there are a number of places in National City that should be corrected, and recommended that the City Engineer and himself be authorized to work out in detail the solution of these problems, with the corresponding costs and make a report to the Council. Moved by Hart, seconded by Fessman, the City Manager's recommendation be al- lowed. Carried, all the Council present voting aye. Moved by Haft, seconded by Fessman, that the meeting be closed. Car- ried, all t Council present voting aye. Meeting closed at 3:12 P.IvL VICE MAYOR, C { riATI ATTEST: CITY CLERK AL CITY, CALIF. 11/5/57