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HomeMy WebLinkAbout1957 03-26 CC MIN256 National City, California, March 26, 1957 Regular meeting of the City Council wascalled to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Heck, Hollingsworth. Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Curran, Bird, Stockman, Lill, Gautereaux, Holgate. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Edward Kellogg. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meeting of March 19, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6896 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Wilson Avenue)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Car- ried, all the Council present voting aye, RESOLUTION NO. 6897 was read, "RESOLUTION ORDERING PLANS AND SPEC- IFICATIONS (Wilson Avenue)." Moved by Heck, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6898 was read, accepting and approving the agreements of sale with City Motors for 1957 Ford sedan automobiles referred to as Detective Units Nos. 150 and 151, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6899 was read, eliminating the City Engineer and all employees of the Engineering Department from the salary schedule heretofore adopted and now in effect; and the rates herebefore fixed for each classification of civil service in the Engineering are de- clared null and void effective April 1, 1957. The following sched- ule of rates of nay is hereby fixed for all employees of the Engin- eering Department, effective April 1, 1957. City Engineer $750.00; Assistant City Engineer $690.00; Assistant Engineer $567.00; Party Chief $567.00; Engineering Draftsman $515,00; Jr. Civil Engineer $467.00; Engineering Inspector $445.00; Draftsman II $403.00; Chain - man $403.00; Draftsman I $366.00; Steno -Sec. $273.00. Moved by Hart, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6900 was read, approving the agreement submitted by California Water and Telephone Company for a deposit in the sum of $12,720.00 in order to proceed with the installation of a 12 inch water main on Tidelands Avenue between 19th and 2L.th Street, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6901 was read, "RESOLUTION OF INTENTION NO. 6901 IN THE MATTER OF CONSTRUCTION OF STREETS AND IMPROVEMENT OF HARBISON AVENUE, KENTON AVENUE, BELMONT AVENUE, DREXEL AVENUE AND CLAIRMONT AVENUE FROM DIVISION STREET TO CERVANTES STREET AND NORFOLK STREET FROM CLAIRMONT AVENUE TO EUCLID AVENUE IN THE CITY OF NATIONAL CITY". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. 3/26/57 257 REPORT FROM PARK AND RECREATION ADVISORY BOARD was read. A copy of the Constitution of Board was enclosed. The report of the Act- ivities Committee's expenditures was read. A letter of resignation was received from Mr. Norgaard and was accepted. Moved by Hollings- worth, seconded by Hart, that the report from the Park and Recreat- ion Advisory Board be filed, and a letter ofregret be sent to Mr. Norgaard. Carried, all the Council prsent voting aye. ATTORNEY CURRAN reported that State Compensation Insurance Fund has issued a certificate showing that Cotton Construction Corp. has a valid Workmen's Compensation Insurance Policy; and Hartford Accident & Indemnity Company has issued its Bond No. 2957217 show- ing that Walt Selph, an individual, as principal is bound to the City of National City in the required sum as set forth in Ordinance No. 243 for a Side Walk License Bond. It is recommended these doc- uments be approved and filed. Moved by Heck, seconded by Hollings- worth that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that on reviewing the proposed closing of a portion of streets, in regard to the petition of Scrap Disposal Company, there has been changes as to the areas sought to be closed, and there will be no further question. It is requested that the City Engineering Department prepare a description which should be submitted to the Council, and that description be approved before an ordinance of intention is adopted. Moved by Fessman, seconded by Hart, that the Attorney's request be allowed. Carried, all the Council present voting aye. HEARING ON 1911 ACT IMPROVEMENT ON HARBISON AVENUE FROM 4th TO 6th STREET was held at this time. Two protests were received from William and Irene Bowman, 1.E25 Harbison Avenue; and Violet L. & Curtis H. Moore, 429 Harbison Avenue, both objecting to the excess- ive cost. No one was present objecting to the improvement. Moved by Heck, seconded by Fessman, that the project be continued and the Attorney prepare the necessary resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. HEARING ON 1911 ACT IMPROVEMENT ON 18TH STREET FROM PALM TO RACHAEL was held. Protest from Marybel Berneathy, 1706 Newell Street, was read. GLADYS PHILLIPS, 2911 E. 18th Street, was present and stated she was protesting the grade level on their particular property, and that she had previously filed her written protest. CITY ENGINEER LILL stated the Council previously went on record that in hardship cases they would make every effort to figure out some remedy at time of construction. COUNCILMAN FESSMAN stated there was a sum allocated for that purpose, to take care of the few conditions on 18th Street that were going to be in that position, and he did not believe that Mrs. Phillips need to worry about it as the City will take care of it. CITY MANAGER BIRD stated the City Engineer sub- mitted to the Council a rough estimate of what we would encounter and at that time the Council went on record as of being in favor of taking care of these unlooked for, unrealistic conditions which would appear in the improvement of this particular street. A GENTLE- MAN from the audience asked whether or not the sewer connections would be required before the street is paved. CITY MANAGER BIRD stated the policy of the Council, Engineering and Management, on all streets that have any improvement act has been that if the people do not have the money at the particular time, the City has carried the stubs in from underneath the paving, because we are desirous to keep from cutting paving as the property owners. H. E. HAFFORD, 3108 E. 18th Street, was present and stated the City has taken 15 feet off his side of the street and none from the other side, and 3/26/57 258 wondered if his assessment would stay the same or would he be reim- bursed for the 15 feet. BYRL D. PHELPS, Engineer of Work stated it would not widen the street, the rights of way were for slope, either baak slopes for fill or cut. C. A. DONNELLA, 1815 Grove Street, was present and asked if the contract had been let, and wanted to know the exact amount of their assessment. MR. PHELPS stated the contract has not Lean awarded as yet. The assessment is not made un- til the entire job is completed and the work is accepted. When the assessment is made, all property owners will be notified and there will be a hearing on the assessment. Each individual property owner will receive a letter stating the amount of their assessment, MR. DONNELLA asked about the entire cost of the assessment, whether that figure would be available to the property owners. MR. PHELPS said that figure would be available to the property owners. MR. PHELPS said that figure will be on the assessment roll which will be on file at the City Hall. MRS. PHILLIPS stated they received two letters, one stating that the City was participating, and one that the City was not participating, and asked which one was the correct one. CITY CLERK ALSTON stated the letter stating the City is contributing is the correct one. Moved by Heck, seconded by Fessman, that the hearing be closed, and due to the fact there are insufficient number of written protests filed for the 1911 Improvement Act for 18th Street between Palm and Rachael, that the project be continued and the Attorney prepare the necessary resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COUNCILMAN HECK stated that someone just presented two written pro- tests on the improvement of Harbison Avenue, and asked the City Attorney what action should be taken. CITY ATTORNEY CURRAN stated the time received by the City Clerk should be noted and the protests filed. Protests were read fromt Mr. and Mrs. George Rondow, 410 Harbison Avenue; and Mrs. J. T. Stovall, 420 Harbison Avenue. CITY CLERK ALSTON stated the protests were received at 2:27 P.M. Moved by Heck, seconded by Hart, that the project be continued, and the letters filed. COUNCILWOMAN HOLLINGSWORTH stated the total amount of protests received was 27 percent. Carried, all the Council pre- sent voting aye. COUNCILMAN HECK stated a situation has arisen on 18th Street that has become very critical, and since we are about ready to go to bid for the improvement of 18th Street, some consideration should be given to traffic signal at 18th & Palm. Las Palmas school is sit- uated in such a spot where it has to come to the point that we need a traffic signal installed at that point; also due to the fact there will be heavier traffic on 18th Street when the improvement is made, he would like the Council to approve the installation of a traffic signal at 18th and Palm, and that it be done in conjunction with the construction of the street. Moved by Heck, seconded by Hart, that a traffic signal be allowed at 18th and Palm. MAYOR HODGE stated it would have to be a separate bid. COUNCILMAN HECK said he realized that, but he wanted it installed in such a manner that the contractor awarded the construction of the traffic signal will work with the contractor for the improvement of 18th Street, so it can be put in simultaneously and will not require any tearing out of curb -returns at a later time; it can be worked out with our Engineering Depart- mer.t. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. MARTHA CLARK, 2133 National Avenue, was present and stated at 20th and National Avenue there is a used car lot, and they wash their cars about twice a week and the water goes down National Avenue from 20th to 21st. The bus stop is a mud hole and there is water in her driveway, and asked if this condition could not be remedied. Moved by Hollingsworth, seconded by Fessman, that it be referred for cor- rection to the City Manager. Carried, all the Council present vot- ing aye. 3/26/57 259 REFERRAL of 8th Street curve to the Attorney and Engineer was pre- sented at this time. CITY ENGINEER LILL stated his report is not completed. He is checking with the Engineering Department of San Diego to clarify a few details, and the report should be ready with- in a week or two. Moved by Heck, seconded by Hollingsworth, that the matter be laid over. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL SCHOOL DISTRICT in regard to school site in Olivewood Housing was read. Moved by Hart, seconded by Hollingsworth, that it be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM CHAMBER OF COMMERCE was read requesting the City to return all surplus City properties to the tax rolls. COUNCIL- WOMAN HOLLINGSWORTH stated this Council has been very interested in returning all City properties to the tax rolls, and an inventory has been made, and several times when some parcels of property has come up for consideration there were certain delays made due to the zon- ing of the property. Moved by Hart, seconded by Fessman, that the letter be filed. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA SEWAGE AND INDUSTRIAL WASTES ASSOC- IATION was read stating that the 29th Annual conference will be held in San Diego, at the El Cortez Hotel, May 1 to 4, 1957. It is urged that the City be officially represented at this meeting. COUNCIL- WOMAN HOLLINGSWORTH asked the City Manager if it was necessary to have someone attend this conference. CITY MANAGER BIRD stated that under our in training program he had anticipated sending our sewer disposal man to this conference. Moved by Hollingsworth, seconded by Hart, that the City Manager be authorized to send whomever he Wishes to this conference. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN referred to the request of Mr. Norman for a temporary permit, and the last direction of the Council was to see if something along that line could be worked out legally together with Mr. Campbell. Mr. Curran stated he has duly considered the authorities on this subject, and he feels that although there are differences in this particular situation than in some of the others that have.come before the Council in the past, the law of real prop- erty is such that it permits no deviation from the rule if you do have a street, than there cannot be any private encroachments there- on; therefore he is of the opinion that it would not be proper for the City to grant any temporary permit, and he is further of the opinion that if any relief is to be afforded in this situation, it can be done, and should be done by the long accepted procedure of closing a portion of the street. ATTORNEY MERIDETH CAMPBELL was present and stated this is a very peculiar circumstance that has existed for he assumes for more than forty years, and there is no likelihood in the forseeable future that the street will be opened. ATTORNEY CAMPBELL said he would like to see Mr. Norman granted a temporary revokable permit for use of ten feet for a loading dock, and repair the streets and sidewalks and give him 90 days to five months to complete that work. Moved by Fessman, seconded by Hart, that a revokable permit be granted to erect this dock ten feet from the building, that on the revocation of the permit, the dock be re- moved at the ownerts expense within 30 days after such revocation; that the owner carry liability insurance covering the City of National City in the amount of $100,000.00, and there is a condition of this revokable permit that sidewalks and curbs be installed on the south side of the building on 23rd Street and the existing ob- structions on City property removed with 90 day time limit. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck. Nays: Hodge. Councilwoman Hollingsworth, not voting. COUNCILWOMAN HOL- LINGSWORTH stated she thought the amount of the liability should be 3/26/57 260 left up to the Attorney to establish. Moved by Hollingsworth, seconded by Hart, that the question of the amount of Liability in- surance be left up to Mr. Curran. Carried, all the Council present voting aye. COMMUNICATION FRDM SWEETWATER UNION HIGH SCHOOL DISTRICT was read recommending the appointment of Henry Wilson to replace Arthur Norgaard on the Park and Recreation Advisory Board. Moved by Heck, seconded by Fessman, that Mr. Wilson be considered by the Mayor for the appointment to the Park and.Recreation Advisory Board. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read regarding O. D. Arnold Estates Sub -Annexation to National City, stating this area is contiguous to the present boundary of National City, no new county islands will be formed. The description of the boundaries of this proposed annexation is definite and certain and approval thereof is recommended. COMMUNICATION FROM VETERANS OF FOREIGN WARS, Thomas H. Cosby, Jr. Post, was read, requesting that a proclamation be issued setting aside May 2Lth and 25th as Poppy Days. Moved by Hollingsworth, sec- onded by Hart, that the Mayor approve and proclaim those two days as Poppy Days for the V. F. W. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was presented. City Clerk Alston stated it is in reference to territory which Chula Vista intends to annex. REPORT FROM CITY ENGINEER LILL stated that the proposed annexation is on the south side of Chula Vista and does not affect National City. CITY ENGINEER LILL reported that the Cleveland Avenue assessment roll has been prepared and copies have been furnished the City At- torney for review and processing; the "D" Avenue Street improvement from 24th Street to 30th Street is practically completed; the culvert on Harbison Avenue has been completed. Plans and specifications for 2I.th Street from Highland Avenue to Hoover Avenue have been sent to the State Division of Highways for final approval. CITY ENGINEER LILL reported that the Technical Coordinating Committee of the San Diego Metropolitan Area Transportation Study is coordin- ating the report which the cities and counties were requested on street and highway needs to 1971. This request was received from the Interim Committee on Highways and also from the State Division of Highway and was referred to the City Engineer's office. The Technical Coordinating Committee of San Diego area met with the rep- resentative of the State Division of Highways and apparently this report will be one wherein all counties and cities report uniformally. We think this new report will be very good, as in the past no one has given a report as to what was actually needed, and had a differ- ent idea of what it was going to cost. The report is due to leave the Engineer's office sometime in July. REPORT FROM THE FINANCE COMMITTEE was read, recommending that O'Melveny & Myers be employed by the City of National City, and the City Attorney prepare the necessary resolution. Moved by Hollings- worth, seconded by Hart, that the recommendation of the Finance Com- mittee be approved. Carried, all the Council present voting aye. RESIGNATION OF CORNELIA R. BUYE, Children's Librarian, effective April 20, 1957, was read. RESIGNATION OF LOIS FLYNN, Library Clerk, effective April 1, 1957, was read. 3/26/57 261 COMMUNICATION FROM ASSEMBLYMAN SHERIDAN HEGLAND was read stating that bill AB 2425 dealing with recall and sponsored by the League of Cities has been set for April 3 in Sacramento before the Com- mittee on Elections and Reapportionment under the chairmanship of Assemblyman Grant. It is his understanding that Mr. Carpenter will make the presentation of the bill. Any representation from National City will be welcome. COMMUNICATION FROM PARK AND RECREATION ADVISORY BOARD was read ex- tending an invitation to the Council to be their guests on a bus tour of the parks of National City, March 27th at 10:00 A.M. CITY MANAGER BIRD stated this is in connection with the designation of the park sites and the placing of adequate signs and advertising. CITY MANAGER BIRD stated that sometime ago at instance of the Council upon the request of Public Housing Administration and document drawn and prepared by the City Attorney, said easement access revokable permit was forwarded to the Housing Administration. COMMUNICATION FROM PUBLIC HOUSING ADMINISTRATION, addressed to Mr. Bird, was read stating that on January 10, 1957 you forwarded to us a grant of easement dated January 8, 1957 together with a copy of Resolution 6831, accepting and approving the same. Copies of the letter, resolution of the City Council and the grant of easement were for- warded to our San Francisco Regional Office for consideration. Since such easements cannot be given to the Federal Government with- out its consent, as is the case with cities and counties under the California law, they regret to inform that the instrument in quest- ion is not acceptable due to the burdens and obligations placed up- on the Government. Therefore, it is the Government's position that although the Government failed to reserve an easement in the adjacent land which it conveyed to the City by quitclaim deed at the time of the relinquishment, they believe the Government,never the less, has an easement for access to the land which itretained. The easement which they believe the Government has araises by implication by virtue of the fact that such an easement is a way of necessity for the benefit and the use of the retained land, and the Government in conveying a portion of the land to the City retained whatever was necessary for the beneficial land which it possessed. It is there- fore suggested negotiations to our mutual advantage with a view to acknowledgment by the City that at the time of the relinquishment access was in fact preserved over the relinquished grant. They suggest a written grant acknowledging this fact and defining the precise limits of the easement. CITY MANAGER BIRD stated if what is purported here in the document as being true and being the law, then there will be no necessity for any easement which they are ask- ing us for, and recommended it be referred to the City Attorney. Moved by Hart, seconded by Fessman, this be referred to the City Attorney. COUNCILWOMAN HOLLINGSWORTH stated they were the ones who asked for an easement in order to get into their land, and she would like the City Attorney to consider this fact, assuming that we could enter into an agreement of allowing access to that land, but when and if we sell the land, we do not want to be tied up to a particular area for access because that access might be in an entirely differ- ent location. Carried, all the Council present voting aye. COMMUNICATION FROM JOHN KIRKPATRICK was read stating they would like permission to widen Highland Avenue in front of their property at 6th and Highland Avenue to City's specifications. Due to construct- ion damage it is necessary to replace the sidewalk, and instead of concreting the parkway, it was felt it would be advisable to widen the street at this time. It is hoped that the City will participate in the cost of this project. CITY MANAGER BIRD stated this is the corner of 6th and Highland whre the new building is being construct- ed, and subsequently to receiving this communication, he talked to 3/26/57 262 Mr. Kirkpatrick and was assured that the rest of the people in the block wish to widen the entire block. COUNCILMAN HECK said he did not concur with putting in anything of a temporary nature, but, inasmuch, as the entire block wishes to put in the improvements, it would be very advantageous at this time to accept their proposal to have it widened if it is done with permanent structures. MAYOR HODGE stated the Engineering Department is working on the plans and specifications for a 1911 Improvement Act on Highland Avenue and they are half completed, but if we continue to change it, the plans will never become complete. COUNCILWOMAN HOLLINGSWORTH stated it would be foolish to force someone to put in curbing and sidewalks of a permanent nature and have it torn out at a later date. MAYOR HODGE asked City Engineer Lill how long it will be until the engin- eering on Highland Avenue will be done. CITY ENGINEER LILL stated it will be completed in May. CITY MANAGER BIRD stated he has notations from Engineering which we must of necessity have a declaration of policy of the Council, and that is, a certain portion on Highland Avenue, if it becomes necessary, in the opinion of Engineering, that the grade must be changed, which is going to r esult in a drop- ping of anywhere from 18 inches to perhaps a maximum of two feet to get the best desired results on the street as visibility is concerned, and before Engineering can go further on that portion of the plans, the question will have to be resolved. It means we leave it as of the present grade, or we go in, which as near as we can estimate is roughly $9,000.00 on the job. We would of necessity have to go back 200 feet both ways from Highland Avenue at this particular point to get the desired visibility. Do we leave it as it is or do we pro- ceed with the proper planning of' Highland Avenue so Engineering can progress with the plans of changing that grade; this is the inter- section of 2nd and Highland Avenue. COUNCILWOMAN HOLLINGSWORTH said she feels that no change should be made. COUNCILMAN HECK said he concurred with Mrs. Hollingsworth in this. COUNCILMAN HART said he thought it should be left as it is, but a four way stop should be put there to take care of the traffic. COUNCILMAN FESSMAN said he is not as familiar with that area as he should be, and would like to reserve his opinion until he looked at it, and if there is any pos- sibility that the grade should be changed when the major construct- ion is done that is the time to do it. Moved by Heck, seconded by Hart, that the existing grade structures on Highland Avenue remain as they are now, that is the grades between Third and Second on High- land Avenue. Carried, by the following vote to -wit: Ayes: Hart, Heck, Hollingsworth, Hodge. Nays: Fessman. COUNCILWOMAN HOLLINGS- WORTH stated in regard to the request of Mr. Kirkpatrick, she feels that if they are going to put in permanent improvements, the City should participate. After considerable discussion, it was moved by Fessman, seconded by Hart, that Fritz and Kirkpatrick be permitted to occupy the structure they are building with a very minimum of rolled curb and asphalt sidewalk until such time as the street is improved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Heck, Hollingsworth. REPORT FROM THE PLANNING COMMISSION was read recommending that the zoning on Lot 253, Lincoln Acres Annex No. 2 be interpreted as shown by the dimensions on the Land Use Districting Map, the Southerly 295 feet C-2, Limited Business District, with the remaining portion as R-1, Single Family Residence District. Moved by Hollingsworth, seconded by Fessman, that the Planning Commission's recommendation be sustained. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated there would be a meeting of the Harbor Com- mittee directly after the close of the Council meeting. Moved by Hart, seconded by Fessman, that the meeting be closed. Car- ried, all the Council present voting aye., Meeting closed at 3:50 P.M. ATTEST:, MAYOR, CITY OF NATIONAL CITY, CAL CITY CLERK 3/26/57