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HomeMy WebLinkAbout1957 03-05 CC MIN236 National City, California, March 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, Hollingsworth. Council members absent: Heck, Hodge.' ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Kellogg. Moved by Fessman, seconded by Hart, that the minutes of the reg- ular meeting of February 26, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6880 was read, "RESOLUTION DIRECTING WORK TO BE DONE UNDER DIRECTION OF THE ENGINEER OF WORK (Hoover Avenue)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hol- lingsworth. Nays: None. Absent: Heck, Hodge. RESOLUTION NO. 6881 was read, "RESOLUTION DIRECTING ASSESSMENT TO BE PREPARED AND SIGNED BY ENGINEER OF WORK (Hoover Avenue)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Hollings- worth. Nays: None. Absent: Heck, Hodge. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read. The Traffic Safety Committee adopted a motion that the existing signals at 16th Street and Highland Avenue be set to flasher control to ease traf- fic congestion on Highland Avenue. The lights are to be set with the red light facing 16th Street and the yellow light facing High- land Avenue in accordance with State law. This type of control is to be used until such time that 16th Street is developed east of Highland Avenue. Moved by Hart, this be referred to the City Man- ager. Motion died for lack of a second. Moved by Fessman, second- ed by Hart, that the letter be filed. Carried, all the Council present voting Aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE stated Chief Smith sug- gested that Mr. Finney check with San Diego to see if the model Traffic Ordinance has been completed and adopted. If so, then work can go ahead toward revision of our Ordinance No. 837. ATTORNEY CURRAN reported that Egnew House Movers, Inc. has filed a certificate of insurance issued by Pacific Employers Insurance Company showing coverage for bodily injury liability and for prop- erty damage liability, and recommended the certificate be approved and filed. Moved by Fessman, seconded by Hart, that the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Fidelity and Deposit Company of Maryland has served notice that its Sidewalk License Bond No. 71 78 749 on behalf of William H. Ledbetter & Edward H, Ledbetter, dba Ledbetter & Son is to be terminated, and this requires that Ledbetter & Son be notified to furnish a replacement Bond or their Sidewalk License Bond will have to be cancelled. Moved by Hart, seconded by Fessman, that the Attorney?s recommendation be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN referred to the application of the San Diego 3/5/57 237 Transit Company to the Public Utilities Commission for a new cert- ificate of public convenience and necessity, and stated this ap- plication will require further study in order to ascertain whether National City has sufficient interest in the subject matter to appear. Attorney Curran stated he wished to have it made known that the request that the Public Utilities Commission act on this matter ex parte; ex parte means that the matter will not be set down for hearing and it might be as a matter of principle the en- tire matter should receive an airing in this community. There will be a further report on this application. CITY MANAGER BIRD requested that a warrant be drawn in favor of Milton Hunter, advance of $100.00 to be charged against Account 518-B8. Officer Hunter is to attend a Juvenile Association Con- ference to be held in Oakland starting March 19th. Moved by Hart, seconded by Fessman, that the advance be made to Officer Hunter to attend this conference, and it be included in the bills to be pre- sented. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Harbor Fund Gas Tax Fund Special Street Fund Drainage Fund Swimming Pool Payroll Fund 1116,001.62 2,777.28 30,20 893.33 3,000.0o 8,70937 5,599.87 1,281.85 67,723.36 TOTAL $06,016.88 Moved by Hart, seconded by Fessman, that the bills be allowed, and warrants ordered drawn for same, Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth. Nays: None. Absent: Heck, Hodge. Moved by Hart that items 1 and 2 on the agenda be laid over. After discussion, the motion was withdrawn. REPORT FROM THE CITY ATTORNEY AND CITY MANAGER ON COMMUNICATION FROM SAN DIEGO C OUNTY WATER AUTHORITY requesting appointment of a representative for Water Problems Committee in the Authority, was presented. CITY MANAGER BIRD stated he has discussed the matter with Mayor Hodge and recommended that the City Attorney be appoint- ed to this Committee. Moved by Fessman, seconded by Hart, that the City Manager's recommendation be allowed, and the City Attorney be appointed to this Committee. Carried, all the Council present voting aye. COMMUNICATION FROM CHAMBER OF COMMERCE was read requesting that the Cities of National City, Chula Vista and the County of San Diego make a study of the advisability and feasibility of extending "D" Avenue in National City to join with an extension of Fifth Avenue, Chula Vista, in County territory, to make a fourth north - south South Bay through -way. VICE MAYOR HOLLINGSWORTH stated that National City has already done about all we can do, as we are in the process of improving "D" Avenue to the City limits. CITY MAN- AGER BIRD stated it has been the position of the City of National City for quite some time that "D" Avenue coninuation to the City of Chula Vista was a feasible and desired road, whether it is a dry weather road or whether structures would be built at a later date, but we have gone as far as we can go, to our City limits. We con- tacted the County of San Diego through the medium of the Engineerts Office and Manager's Office in hopes that the County would part- 3/5/57 238 icipate in the intersection at 30th and "D" Avenue at a cost of approximately $2,000.00, and they told us that they were not in- terested, Mr. Bird said he believed a desirable improvement could be made across the valley. Moved by Hart, seconded by Fessman, that the letter be filed. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE BEER AND WINE BEVERAGE LICENSE for Handy Pantry Market #1, 1649 S. Euclid Avenue, was presented. REPORT OF CHIEF OF POLICE stated that investigation discloses no grounds for protest of the application. Moved by Hart, seconded by Fess- man, that the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY was read stating that the Board of Directors of the National City Branch of the American Red Cross request permission to place 32 Red Cross flags on standards in the parkways of 32 various locations throughout the City; and would like to display them during the month of March. Moved by Fessman, seconded by Hart, that the mat- ter be referred to the City Manager and permission granted at his discretion, as to locations, etc. Carried, all the Council present voting aye. CITY CLERK ALSTON reported that she mailed notices of hearing for Grove Street on February 27th. Also notices were mailed February 28th of the adoption of Resolution of Intention No. 6875, for the improvement of Fourth Street, which set the hearing date. COMMUNICATION FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY was read, requesting extention of time for construction of a spur ttack on Harrison Avenue near 19th Street. CITY CLERK ALSTON stated approval was granted to the Railway Company by Resolution No. 6524 on November 22, 1955, to construct this spur track. Moved by Hart, seconded by Fessman, this be referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM SUPT. PARKS AND RECREATION GAUTEREAUX regarding request of the Lions Club for use of Kimball Park and Bowl area, was read. The Park and Bowl areas are available the 3rd and 4th of July and will be reserved for the Lions Club. Arrangements for all facilities needed will be made, and the charge shall remain as per our sched- ule, in the amount of $150.00. CITY MANAGER BIRD was in accord. Moved by Fessman, seconded by Hart, sustaining the recommendation of the Supt. of Parks and the City Manager. Carried, all the Coun- cil present voting aye. COMMUNICATION FROM CHIEF OF POLICE SMITH was read in regard to the resignation of Douglas S. Ba9_3, which recommended it be accepted, effective April 21, 1957. Moved by Fessman, seconded by Hart, that the resignation be accepted. Carried, all the Council present vot- ing aye. COiIMUNICATION FROM GEORGE W. and W. D. DE HAVEN was read request- ing consideration be given for a deviation in the driveway width at 621 E. Third Street. The communication was accompanied by a receipt from the City Treasurer for the fee paid in accordance with Ordinance No. 851. The request has been approved by the City En- gineer and the City Manager. Moved by Fessman, seconded by Hart, that the request be granted. Carried, all the Council present vot- ing aye. HEARING ON 13TH STREET 1911 ACT IMPROVEMENT was held at this time. CITY CLERK ALSTON stated she received no written protests and no one was present protesting the improvement. Moved by Fessman, 3/5/57 239 seconded by Hart, that the 1911 Act proceedings on 13th Street proceed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth. Nays: None. Absent: Heck, Hodge. CITY MANAGER BIRD stated in regard to Arnold Estates, that he has been in receipt of tests and various other information pertinent to the Arnold Estates Annexation, and recommended for Council ap- proval that the City Engineer prepare the necessary map of the boundaries, and the City Clerk file the map with the Boundary Commission of San Diego in order to start annexation of that ter- ritory to be known as Arnold Estates. Moved by Fessman, seconded by Hart, that the City Manager's recommendation be followed. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated we had complaints which were referred to the Health Department regarding a pond on "F" Avenue, and upon a report from the Health Officer with the owner of the property, we find that there was a tentative agreement entered into April 17, 1953 in which a letter was addressed to the City Manager which stated that the City has been excavating the Northwest corner of their property and removing the dirt and they wished to know if the City intended to replace their survey marker, what considerat- ion is to be made regarding the dirt that has been removed, and asked what the City expected to do with the corner after the ex- cavation is completed. The letter was signed by Dr. Lindemulder for the Wilhelmine Home. CITY MANAGER BIRD stated that after talk- ing with Dr. Lindemulder, he received a copy of a letter, dated April 27, 1953 from F. A. Rhodes, City Manager, addressed to Dr. Lindemulder which stated with reference to his letter of April 17th, the City is in the process of excavating and constructing a 60 foot wide flood channel from "D" Avenue to Highland Avenue. The channel crosses the Northwest corner of their property, and the corner monument lies within the channel, and it has been broken so its center point cannot be determined accurately. The monument is approximately one foot deep and has not yet been disturbed; however, if it is removed, it will be replaced. As a consideration for their consent to the construction of the channel, the City is willing to fill the depression in their property adjacent to 'F" Avenue lying between 14th and 15th Street. The City can proceed only under the following terms: 1. That the above mentioned de- pression will be filled with earth removed from the channel ex- cavation. It will be filled only to an elevation necessary to pro- vide drainage. 2. That the City will not be held liable for any act concerning the filling of said depression. 3. That the City be furnished upon demand of one of its officers an easement for the drainage channel. The letter asked that if the terms met with their approval, that they notify the City as soon as possible. CITY MANAGER BIRD said referring back to the original complaint sent to the Health Department to remove the hole, Dr. Lindemulder tells us that is our hole, and we should have filled it. The ease- ment has never been granted and the hole has not been filled up. COMMUNICATION FROM DR. LINDEMULDER addressed to Mr. Rhodes was read, stating his letter of April 27th was received regarding the prop- erty on the Northwest corner of Wilhelmine Home, and they feel that this soil has been illegally removed, also that the monument on the northwest corner should be restored. They are willing to have the City of National City fill the depression on their property ad- jacent to "F" Avenue lying between 14th and 15th Street, however, they would not accept any liability for any act concerning the filling of said depression; and do not agree to furnish on demand an easement for a drainage canal. CITY MANAGER BIRD recommended this be referred to the City Manager and the City Attorney. Moved by Hart, seconded by Fessman, that the City Manager's recommend- ation be approved. Carried, all the Council present voting aye. 3/5/57 240 COMMUNICATION FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COM- PANY was read regarding the City's desire to have a spur track installed in the Tidelands Parcel ),I.B located on the West side of Tidelands Avenue, South of 19th Street and North of their exist- ing wye. The proposed spur track is 704 feet long, and it is es- timated it will cost the City of National City $9,537.00 to con- struct. CITY MANAGER BIRD stated this is in relation to the spur which is spoken of in our lease with National Lumber Company, and recommended this be referred to the Harbor and Finance Committee for its meeting March 15th. Moved by Hart, seconded by Fessman, that the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the letter from L. Bruce Stallard regarding the property at 823 W. 23rd Street which was re- ferred to him for a report, he made considerable research and the only thing he could find affecting the property or property adja- cent to it is that on December 1, 1936, Resolution No. 1850 was adopted, granting the Sweetwater Citrus Corp. a temporary permit to erect, construct and use a loading platform extending approx- imately 11 feet in a Southerly direction from the aforesaid prop- erty line, fronting on 23rd Street. Said temporary permit shall be revokable at the will of the City Council. CITY MANAGER BIRD stated that is the encroachment on the South of the described prem- ises; the encroachment on the West goes evidently back prior to 1910 and he can find no Council action where this particular con- struction was allowed or accounted for. Referring to the request of Mr. Stallard, they have for the owner a leasee, because of con- nection with war industry, they propose to recover all of the floor and also they need a loading dock. L. BRUCE STALLARD stated they would like to have a permit to install a concrete dock on the west- erly side for a period that would concurrent with the lease and thereafter at the pleasure of the Council to remove the dock. COUNCILMAN FESSMAN stated he thought we should revoke Resolution No. 1850 at once and have that sidewalk area cleared back to the property line. In regard to the request for this dock, if granted, it leaves the Council in the position of permitting a private owner to encroach upon City property and then derive income from the rent- ing of it, and he did not think it was compatible to do so. MR. STALLARD stated the dock, as such, is not being leased, the build- ing is being leased on certain basis. COUNCILMAN FESSMAN stated the condition of the lease is that the dock be there, and he did not see how the Council could grant this request. We denied a re- quest for someone to encroach two feet on City property for a swim- ming pool, and asked Attorney Curran if it is legal for us to do that. ATTORNEY CURRAN stated we discussed this business about private property on a public right of way, and we cannot permit it. COUNCILMAN FESSMAN said he did not see how we could possibly grant this request, and thinks it is the Council's duty to immediately require that any encroachment on City property be taken away and removed immediately. The entire area should be checked and survey- ed for those violations and where they exist they should be removed. Moved by Hart, seconded by Fessman, this be held over for a week and give the Council a chance to look over the property, and as- c,,rtain if we are allowed to lease that land. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in going through the records, he found a motion of the City Council, November 7, 1933, that the request of W. F. Bradley on behalf of Bush Citrus Prodacts, for permission to extend a platform over the sidewalk for W. J. Buah Company, was granted. Moved by Fessman, seconded by Hart, that the City Attorney and the City Manager peraue further into that matter and see what can be done about having the removal of the obstructions on City property. Carried, all the Council present voting aye. 3/5/57 241 CITY MANAGER BIRD stated he had the breakdown of the Sanitation report from the City Treasurer and recommended it be referred to the Finance and Harbor Committee for their meeting March 15th. Moved by Hart, seconded by Fessman, that the City Manager's re- commendation be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6882 was read, authorizing the transfer of $4,256.57 from the General Fund to the Special Street Fund (amount deposited by Gilbert Fritz as of 12/2L/56, Receipt No. 5109 for part of con- tract improvement of Euclid Avenue at Division Street). Moved by Hart, seconded by Fessman, that the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Hol- lingsworth. Nays: None. Absent: Heck, Hodge. RESOLUTION NO. 6883 was read, authorizing the transfer of $400.00 from Unappropriated Reserve Fund to Building Services, Account #516. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth. Nays: None. Absent: Heck, Hodge. CITY MANAGER BIRD stated in regard to the renewal of the Tarter, Webster & Johnson lease, he has had a request from them to meet with the Harbor Committee and Finance Committee, and recommended that matter be placed on the agenda for the meeting of the 15th and the City Manager to notify them. Moved by Hart, seconded by Fessman, that the City Manager's recommendation be approved. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated there have been a number of complaints regarding the drainage condition on Granger Avenue. Primarily, we have endeavored to handle this by departments and property owners involved. When the Sweetwater Union High School District installed their Granger Junior High School, as of necessity in the improvement of their ground eliminating the plowing of the 20 acre plot for vegetable purposes naturally created a run-off condition. This run-off condition, when we have rains, has created a velocity and a concentration of water within a given length of time going down the natural water courses and has resulted in people down stream being subject to a flood damage. This was called to the attention of the office of the Sweetwater Union High School District and they feel that the grading of their ground was made according to the proposed established grade of Granger Avenue. Our Engineer- ing Department and Management feel that if there had been curbs and gutters installed on Granger Avenue, then the City by appli- cation of cross gutters could possibly take care of the condition as it is now existing on Granger Avenue from 20th Street south to 24th Street: The School Board feels that the City is responsible, but we feel we are not responsible; neither are we responsible frr the fact that the people on Lanoitan Avenue built in the natural water -way; however, the condition exists; the School Board is with- out money for the development on their side as required. The party below is wanting and requesting protection of this water being dump- ed up above, which is a drainage problem. Mr. Bird said he wished to know if we should proceed and have Engineering prepare an es- timate to create a drainage structure which will perhaps eliminate this particular problem, and make a report of such to the Council; or should we attempt to negotiate further with the School Board to see if we cannot get them to put in the gutters and curbs on the easterly line of Granger Avenue from 20th Street south to 23rd Street. Moved by Fessman, seconded by Hart, that the matter be re- ferred to the City Attorney for an opinion as to responsibility, and that the City Engineer provide us with a tentative project or a means cn paper to correct the situation, and an estimate of the cost. Carried, all the Council present voting aye. 3/5/57 21#2 REPORT FROM THE PLANNING COMMISSION was read regarding the tenta- tive subdivision map on Terry Park, a proposed seventeen lot sub- division of a portion of the Northwesterly Quarter of Quarter Sect- ion 103. Owner is William Buford, 363 Third Avenue, Chula Vista. Report from the City Engineer recommended the following conditions: Olive Avenue has a twenty foot offset alignment at loth Street; and it is recommended that the offset be eliminated and that the alignment be changed by an angle or curve. Drainage easement to be fenced. Subdivider is to deed to the City the small segment of land at the northeast corner of dive Avenue and 10th Street. Cul- de-sac on Olive Avenue be approved by the City of San Diego. Grad- ing plan for subdivision be submitted for approval with the improve- ment plans, showing adequate drainage provisions, bank slopes and/ or protection and fences so as to eliminate hazards from existing slopes; and all necessary improvements as required by City Ordin- ances. Report from the Fire Chief advised that it appears this would be a continuation of Susan Manor, and it will be necessary for the installation of a six inch fire hydrant on the southeast corner of 10th Street and Olive Avenue to provide fire protection. Communication received from the City of San Diego recommended that the offset for Olive Avenue be eliminated by adjusting the center- line to conform. It appears that the property to the south, ly- ing within the City of San Diego can best be made in conformance to their design as shown on the tentative map returned by their Planning Department. The County of San Diego advised this map does not conflict with any proposals for subdivision of adjacent unin- corporated land. The Commission recommended that the tentative map be accepted with all the requirements and approval of the City Engineer, fifteen foot setback on the east side of Olive Avenue, subject to the City of San Diego's request for the opening of Olive Avenue, and that Lot "A" be disposed of. Moved by Hart, seconded by Fessman, that the recommendation of the Planning Commission be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION regarding Application for Conditional Exception No. 577 signed by George H. Wright relative to the property at 1324 "L" Avenue, was read. Petitioner is re- questing permission to construct a living structure at the above address and to continue using the present structure as a residence. Property is located in an R-1 Zone and contains 7,304.55 square feet. The Commission recommended the petition be denied. CITY CLERK ALSTON stated that the time has elapsed for filing a protest of this recommendation. Moved by Fessman, seconded by Hart, that the Planning Commission's recommendation in this matter be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6884 was read, "RESOLUTION ORDERING THE WORK (Thirteenth Street)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Nays: None. Absent: Heck, Hodge. CITY ENGINEER LILL stated that subject to the approval of the City Manager he would recommend that we advertise for bids for the 13th Street Sewer. CITY MANAsER BIRD recommended that the request of the City Engineer be concurred in and that plans and specifications and call for bids be made at the same time as for the bids for the improvement of 13th Street. Moved by Fessman, seconded by Hart, that the request be granted. Carried, all the Council present vot- ing aye. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:55 P.M. AFT• e)//' � .. l i41u f / iA,"Wt�•6 'LE'-ti'�1'1 VICE MAYOR, CITY OF NATION/CITY, CALIFORNIA L CITY CLERK