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HomeMy WebLinkAbout1957 12-10 CC MIN188 National City, California, December 10, 1957 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, Hollingsworth, Hodge. Council members absent: Heck,. ADMINISTRATIVE OFFICIALS present: Alston, Biggs, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Munn. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meeting of December 3, 1957, be approved. Carried, all the Council present voting aye, RESOLUTION NO. 7134 was read, ordering the City Clerk to execute a certificate of acceptance and to record the deeds as follows: Grant Deed from Harry L. & Martha D. Williams, dated Nov. 18, 1957: Grant Deed from Earl L and Jennie M. Rays, dated Oct. 25, 1957, Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Hollings- worth, Hodge. Nays: None. absent: Heck. RESOLUTION NO. 7135 was read, "RESOLUTION ADOPTING PLAT SHOWING EX- TERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 1957-5". Moved by Hollingsworth, seconded by Hart, the Resolution be adopted. Car- ried, by the following vote to -wit; Ayes: Fessman, Hart, Hollings- worth, Hodge. Nays: None, Absent: Heck. AGENDA for the Traffic Safety Committee's meeting to be held Wednes- day, December llth, was presented. COUNCILMAN HECK present. ATTORNEY CURRAN reported that C. S. Johnson & Wallace G. Johnson, a co -partnership, has submitted Home Indemnity Company Policy No. PGA 02 76 84. This policy satisfies the requirements of the part- nership's contract for the furnishing and servicing of refuse re- ceptacles in the City, and recommended it be approved and filed. Moved by Hart, seconded by Fessman, the City Attorney's recommend- ation be followed. Carried, all the Council present voting aye, ATTORNEY CURRAN reported that Tarter, Webster & Johnson, Inc., have filed a certificate of insurance from Fred S. James & Co. No. 1479, and a certificate from Swett & Crawford, which shows insurance cover- age required by Tarter, Webster & Johnson's tidelands lease, and recommended they be approved and filed. Moved by Hart, seconded by Fessman, the Attorney's recon.;-nendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he conferred with the insurance carrier and has filed an answer to the suit brought by the Mosleys against National City„ 12/10/57 189 ATTORNEY CURRAN reported this morning he received two proposed forms of lease from Mr. Glenn, copies have been delivered to the chairman of the Harbor Committee for consideration by that committee. ATTORNEY CURRAN stated that the Assistant to the City Manager has been conferring with reference to purchasing some property from an estate in probate for our drainage project. There are some legal technicalities involved, but with the approval of the Council a resolution can be adopted which will permit the City to bid on this property in the probate proceedings. The proceedings are entitled: "In The Matter Of The Estate Of Frank R. Holzman, Also Known As Franklin R. Holzman." In the event the Council wants to proceed, it will be necessary to have a resolution at the next meeting. Mr, Curran said it is his understanding that the price of $9,500.00, which would require a ten percent bid at the time of the submission of an offer has been discussed between Mr. Osburn and the Attorney for the estate, and requested instructions from the Council as to whether or not any resolution should be prepared for the next meet- ing. Moved by Heck, seconded by Hart, that the Attorney be instruct- ed to prepare the necessary resolution to affect the sale of the property, and the City Clerk be authorized to draw a warrant for the necessary d}:posit. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None, ATTORNEY CURRAN stated at the last meeting of the South Bay Irrigat- ion District, which was last Tuesday, the Attorney for the District was instructed to contact the City Attorney which he did the next day, and to invite the City Attorney to attend a meeting with the South Bay Irrigation District Board of Directors and the Executive Vice President of the California Water & Telephone Company, and Mr. Nenzel, who is going to be in this area on Dedember 20th. The mem- bers of the City Council are also invited to attend this meeting if they so desire. The Attorney for the South Bay Irrigation District subsequently requested that Attorney Curran attend. the meeting. This, with reference to the participation of the Council, might well be considered along with the request for an opinion which was made a few weeks ago regarding setting up a bond election and putting on the ballot certain proposals that Councilman Fessman mentioned. When the Joint Powers Agreement is signed the first question that will have to be resolved jointly by the City Council and by the Board of Directors of the South Bay Irrigation District is whether a condemnation suit should be filed, and then there should be a bond issued, or whether there should be bond issue first and then a.con- demnation suit to follow. In view of the fact that the negogations have been going on for some two years or n..ore, it does not appear to the City Attorney that anything should be done on the part of National City at this time that would indicate in any way to the South Bay Irrigation District Board of Directors that National City proceed on its own at this time. On the other hand, there has been comment made as to the fact that as fax as consulting with Mr. Nen- zel is concerned, but that is something that South Bay has initiated on its own, In view of those two situations, the matter as to wheth- er or not the Council cares to atteit.i she,Ild be considered. There 12/10/57 190 will be a Council meeting next Tuesday before this meeting on the 20th. With reference to the request for the City Attorney to attend, the only difference there is that he has been ,specifically requested by the Attorney for the South Bay Irrigation District, and of course the entire draft has come about as a result of the work of the two Attorneys with O'Melveny & Myers and with the Engineers, so that in the event the Council desires, it would certainly appear in order for the City Attorney to attend the meeting. APPCIN TMENT OF MEMBER, TO THE TRAFFIC SAFETY COMMITTEE was again presented, ACTING CITY MANAGER GAUTEREAUX said he had a verbal re- quest from the Traffic Eafety Committee asking the Council to hold up the appointment pending their next meeting, then they would pos- sibly he prepared to make a recommendation. Moved by Fessman, seconded. by Hart, that it be held over until ater the Traffic Safe- ty Committee has held next meeting. Carried, all the Council pres- ent voting aye. CITY CLERK ALSTON stated.. that bids were opened in her office Decem- ber 9th on Plaza Blvd, and 17th Street, and the following bids were received on Plaza Elvd,t V. R. DENNIS CONSTRUCTION COMPANY, 3, 6657,40; R. E., HAZARD CONTRACTING COMPANY, $3, 701,10; GRIFFITH CCUPANY, $3,802.50. The following bids were received on 17th Street 1911 Act Improvement; R, E% HAZARD CONTRACTING COMPANY, $12,240.17; GRIFFITH COMPANY, $12,492,94; V. R. DENNIS CONSTRUCTION COMPANY, $12,603.17. APPLICATION FROM SAN DIEGO TRANSIT SYSTEM before the Public Utilities Commission requesting authority to reroute Route "C4, was presented, and City Clerk Alston recommended it be referred to the City At- torney, Moved by Heck, seconded by Fessman, the City Clerk's recom- mendation be allowed, and It be referred to the Attorney. Carried, all the Council present voting aye, CITY CLERK ALSTON stated she had the Affidavit of Publication for the Improvement of McKinley Avenue, from 14th to 24th Street; Af- fidavit of Publication for the 1911 Act Improvement of 17th Street, from National to F:B4 Avenue. COIvMUNICATION FROM SAN DIEGO COUNCIL OR CIVIL ENGINEERS AND LAND SURVEYORS, INCORPORATED, was read, enclosing a resolution which was passed and approved due to the fact that during the month of May 1957,E the Department of Public Works of the City of Los Angeles ruled that they would not accept any engineering drawings bearing the Unicn Seams., They ask that this resolution be taken into consideration whee making any future decision on this subject. Moved by Hollings- worth, seconded by Hart, that it be laid over until the next meet- ing, Carried, all the Council present voting aye. HEARING ON ASSESSMENT OF Y ILSCN .;VENUE was held at this time. CITY CLERK ALSTON reported she :•eceived no written protests, and no one was present protesti-.. :T' RESA RAMIREZ, 1925 Wilson Avenue, was present and asked hoe they mould pay their assessment. CITY ENGIN- EER LILL explained the methods of payment. Moved by Heck, seconded 12/10/57 191 by Hollingsworth, the hearing be closed and the Attorney prepare the next necessary resolution. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: none. HEARING ON ZONE CHANGE AT 10TH & HIGHLAND AVENUE was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present opposing same. Moved by Heck, seconded by Hart, the hearing be closed and the Attorney be instructed to pre- pare the necessary ordinance. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. NOTICE FROM SAN DIEGO COUNTY BOUNDARY COMIMISSION of intention of City of San Diego to annex territory delineated on the attached map, was presented, and City Clerk Alston recommended it be referred to the City Engineer. Moved by Hollingsworth, seconded by Heck, the City Clerk's recommendation be allowed. Carried, all the Council present voting aye. CITY ENGINEER LILL recommended that the contract for the 17th Street 1911 Act Improvement be awarded to R. E. Hazard Contracting Company, as low bidder. Moved by Hollingsworth, seconded by Fessman, that the City Engineer's recommendation be approved, and the City Attorney prepare the necessary raoluti on. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. CITY ENGINEER LILL reported that the plans and specifications have been prepared for the lining of Paradise Creek Channel from Harbison Avenue Westerly approximately 980 feet. This channel is through the Williams Manor No. 4 Subdivision and through Orchard Manor Sub- division, and is part of Phase #2 of the Paradise Greek Drainage Project. Certain conditions make it desirable that it be approved at this time. The Plans and Specifications were submitted to the Council for approval, and Mr. Lill stated if approved, he would sug- gest the opening of the bids be at 3:00 P.M., January 6, 1958. Moved by Heck, seconded by Fessman, the Engineer's recommendation for the opening of bids be approved, and that the Plans and Specificat- ions be approved. Carried, all the Council present voting aye. Moved by Heck, seconded by Fessman, the City Clerk be instructed to advertise for bids. Carried, all the Council present voting aye. COMMUNICATION FROM REV. JAMES D. BUNN of the Southern California Revival Center, was read requesting special permission to erect a tent for the purpose of conducting public religious meetings. The services would be held for a period of approximately six weeks, with the future aspect of building a permanent church after the revival services are completed. The location of the camp meeting would be directly to the rear of the home of Rubie Beauchamp, 1841 E. l6th Street, National City. There is a lot, 180' by 350' vacant for this purpose. The tent will be small 40' by 60' and will be completely fireprooeed with a fire guard on duty; and toilet facilities will be available. ACTING CITY MANAGER GAUTEREAUX stated he communicated with Rev. Bunn and requested that he make personal contact with Mr. 12/10/57 192 Biggs, Building Inspector who would give Rev. Bunn the necessary in- formation regarding compliance with State Code and City Building Ordinances. REPORT FROM BUILDING INSPECTOR BIGGS was read stating that a tent has the classification of a structure, under the 1952 Uniform Building Code, therefore, must comply with specifications regulating structures; and setforth the necessary requirements. It is the opinion of the Building Department that since tents do not meet the minimum code requirements for public assembly buildings, they should not be allowed except for a specified time or short duration, as determined by the City Council. If temporary permis- sion to occupy said tent is granted by the Council, certain re- quirements, as setforth in the report must be included. MR. GAUT- EREAUX said he talked with the Fire Marshal, and he concurred with the report as submitted by the Building Inspector. Moved by Heck, the request be denied. MAYOR HODGE asked how that area is zoned. CITY PLANNER STOCKMAN said it is an R-1-A Suburban District. This request was taken before the Planning Commission last evening, and it was their interpretation that such a venture would not come under the category as placed in Ordinance No. 854, and there is no pro- vision in the zoning ordinance that would permit it. REV. BUNN was present and stated the proposed tent would be small, would hold very few people and so situated that it would not annoy anybody. COUNCIL- MAN HART said he would be in favor of allowing Rev. Bunn to hold the revival services in the tent, as proposed, as long as it was for only a few weeks, and as long as it was fireproof and all require- ments of the law were met. COUNCILMAN FESSMAN asked, if in the opin- ion of the Building Inspector are the proposed rest room facilities adequate, or would they be on a sewer. REV. BUNN said they would be of a temporary nature. BUILDING INSPECTOR BIGGS said the tempor- ary facilities are used for circuses and carnivals, but actually to build a public building, the answer is "now, it would have to have plumbing facilities of a permanent nature. After further discussion, the motion was seconded by Hollingsworth. Carried, by the following vote to wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Hart. CONTINUED HEARING ON ELECTRICAL CODE was held at this time,. There were no protests, written or oral. Moved by Fessman, seconded by Heck, the hearing be closed and the electrical code be adopted, and the Ordinance be prepared by the attorney. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. ACTING CITY MANAGER GAUTEREAUX reported on the request of the Coun- cil concerning jay walking, and/or pedestrian crossing on Highland Avenue between the intersection of 10 th and 12th Streets on Highland Avenue. REPORT FROM CHIEF OF POLICE SiuITH was read concerning the hazardous pedestrian traffic condition at llth & Highland Avenue. A survey of the above location made within the past few days indi- cates there is no legal crosswalk between loth and 12th Street on Highland Avenue. There is a street sign located at llth & Highland on the West side of the street. Investigation obtained from the Engineering Dept. disclosed llth Street is not a dedicated street. 12/10/57 193 Investigation also reveals this is a very complicated traffic sit- uation and before a final decision is made, it is believed best to handle this matter on a temporary basis through the remainder of the holiday season, and it is, therefore, suggested the following be given consideration: Removal of the llth Street portion of the street sign located at llth & Highland; under Section 495.1 of the Vehicle Code, a provision is made that the section regulating ped- estrians shall not be deemed to prevent local authorities, by Or- dinance, from prohibiting pedestrians from crossing roadways at other than crosswalks. Section 52 of City Ordinance 827 provides When Pedestrians Must Use Crosswalks. No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or in any business district, or on a through street when the re- quired signs are erected, giving notice thereof. In view of the above, it is requested that temporary signs be made and placed on both the East and West sides of Highland Avenue at intermittent distances immediately to control pedestrians between loth Street and 12th Street. There is sufficient funds in the budget to obtain an additional man to cover this location during the peak hours from December 20th until December 31st. If we are unable to obtain a man for this location on a temporary basis, it is believed with the erection of the temporary signs and intermittent placing of an of- ficer inthis location, a sincere effort will be made to control the situation with the present number of personnel. This is a temporary measure for the holiday season, and not a final solution to this traffic condition, and that a further report will be forthcoming in the near future in the event a permanent solution can be found. COUNCILMAN FESSMAN said he wondered if the City would erect the signs if the South Bay Plaza would furnish the man because they do have private patrolmen in their parking area directing traffic, and they could have one to protect their customers. we might suggest that the City Manager have a conference with Mr. Neilson or whoever is in charge of the plaza and see if it cannot be arranged by a co- operative effort that a safety measure might be taken to protect the citizens crossing the streets. COUNCILMAN HART said he quest- ioned their authority outside their own property. COUNCIL0CNAN HOLLINGSWORTH said she did not think we should wait until December 20th to put a man there, it should be done now, and the people should be given a ticket for jay walking, ACTING CITY MANAGER. GAUT& FAUX recommended that the City immediately construct eight pedestrian signs, and locate four on either side of Highland Avenue between 10th & 12th with the signs immediately facing the sidewalk, and that the signs have a warning or prohibiting crossing of the street by the pedestrians. Mr. Gautereaux presented a proposed sign, which as far as size is concerned, would in all probabilities be of legal size, it is the size of the street signs which setforth the parking hours, and the sign reads: Inc) pedestrian crossing', and gives the City Ordinance No., or something similar, this is not necessarily the wording that would have to be on the signs, but something that would inform the public they are not allowed to cross that street, going either direction. COUNCILMAN FESSMAN said he thought the signs were very well if they have been there for a length of time, but this is an emergency measure, and they should 12/10/57 194 be larger, and possibly made out of luminous paint so they can be seen at night. MR. GAUTEREAUX said that in addition to the install- ation of signs, an office or two should be placed in the area. Moved by Fessman, that/Acting City Manager be instructed to notify the Chief of Police, it is the Council's wishes that a man be placed on duty there immediately, as of tomorrow, to and including Christ- mas eve and the hours to be determined by the City Manager, prob- ably from 10:00 A.M. until 9:00 P.M., which would be the most hazard- ous hours, and that adequate signs be erected, not such signs as shown, but larger ones that can be read easily by children and ad- ults, and if possible to put a light on them, or placed in posit- ions where the light will be on them so they can be seen at night. COUNCILMAN HECK said perhaps the Council should consider scramble crossing at 10th & Highland as used in some of the cities. COUNCIL- MAN HART stated that perhaps a single chain, along with the signs would help. Motion seconded by Hollingsworth. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: Hart. COUNCILMAN HECK said he thought the Council should give some consideration to a scramble crossing, and refer it to the Traffic Safety Committee -for their recommendation. Moved by Heck, seconded by Hart, that consideration of a scramble crossing be re- ferred to the Traffic Safety Committee for a recommendation. Car- ried, all the Council present voting aye. Moved by Fessman, sec- onded by Hart, that the prohibiting of left turns at certain inter- sections during certain hours of peak traffic be referred to the Traffic Safety Committee for study. Carried, all the Council pres- sent voting aye. REPORT FROM CITY ENGINEER LILL was read recommending that the drain- age easement at the southwest corner of "J" Avenue and 23rd Street submitted by Don Parkhurst be accepted. It was the Acting City Manager's recommendation the City accept the easement and authorize the proper resolution. Moved by Hart, seconded by Hollingsworth, that the Acting City Manager's recommendation be approved. Carried, by the following vote to wit: Ayes: Fessman, Hart, Heck, Hollings- worth, Hodge. Nays: None. ACTING CITY MANAGER GAUTEEAUX stated he has a request for approval of payment for the improvement of Wilson Avenue under Specifications No. 618, 1911 Act Project; the City Engineer has approved same, and it is recommended the Council's approval in the sum of $17,306.30, and that a resolution be prepared for payment of same. Moved by Fessman, seconded by Hart, that the recommendation of the Acting City Manager be approved. Carried, by the following vote to wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. REPORT FRONT CITY ENGINEER LILL was read regarding the bids received for paving portion of Plaza Blvd,., recommending that the contract for the work be awarded to the V. R. Dennis Construction Company, as low bidder. Moved by Heck, seconded by Hart, that the Engineer's recommendation be allowed, and the Attorney prepare the necessary resolution of award to V. R. Dennis Construction Company, in the amount of 63,667.30. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 12/10/57 195 HOUSING DIRECTOR GAUTEREAUX reported the housing units are pract- ically filled up all the time, and requests are more than they can take care of. CITY PLANNER STOCKMAN extended an invitation to the Mayor and Coun- cil membe to attend the 1957 annual meeting of the San Diego Coun- ty Planning Congress to be held at 6:30 P.M. on December 19th in the El Cortez Hotel. COUNCILMAN FESSMAN, Chairman of the Harbor Committee, requested the Committee to meet on Friday, December 13th at 3:00 P,M, RESOLUTION NO. 7136 was read, finding that the bid of V. R. DENNIS CONSTRUCTION COMPANY in the amount of §i3,667.30 is the lowest bid submitted on December 9, 1957 for Paving the Center Portion of Plaza Boulevard southwesterly from Eighth Street; the bid is accepted and the Mayor is authorized and directed to execute the contract for said street improvements. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7137 was read, "RESOLUTION CONFIRMING ASSESSMENT (Assessment District 1957-1)".- Moved by Heck, seconded by Hollings- worth, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7138 was read, accepting an easement from Don W. and Marie Parkhurst, dated December 6, 1957, Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7139 was read, "RESOLUTION OF ALIARD OF CONTRACT (Assessment District No. 1957-3)". Moved by Hart, seconded by Fess- man, the Resolution be adopted. Carried, all the Council present voting aye. COUNCIL niiAN HOLLINGSWORTH asked Attorney Curran if he was request ing authorization from the Council to attend the meeting with the South Bay Irrigation District on December 20th. ATTORNEY CURRAN stated that is correct, that he believes he should attend with the authority of the Council. Moved by Hollingsworth, seconder, by Hart, the City Attorney be authorized by the City Council to attend this meeting. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated that the San Diego Council of Civil n- gineers and Land Surveyors, Inc. merely ask that we take their tes- olution into consideration when making any future decisions on this subject. The resolution they prepared resolves that no drawings be acceptable to the City if they have a union lable on them, which would be in conflict with the business and professions code of the State of California. Moved by Hollingsworth, seconded by Hart, that the motion made earlier in the meeting that this resolution be held over until next week be rescinded. Carried, all the Council present 12/10/57 , 196 voting aye. Moved by Fessman, seconded by Hollingsworth, that the letter be answered stating that it is the policy of this Council that no union label be permitted on any engineering drawings used by or submitted to the City, that the required identification and registration number of the engineer responsible for those drawings only be incorporated on the drawings. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: Hart, Hodge.. Moved by Fessman, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:24 P.M. ()/ MAYOR, CITY OF NATIONAL CIT` CALIFORNIA ATTEST: CITY CLERK