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HomeMy WebLinkAbout1957 04-02 CC MIN263 National City, California, April 2, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. oticlock. Council members present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Stockman, Curran, Hoigate, Lill, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Thompson. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of March 26, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6902 was read declaring certain property a public park, subject to certain reservations; and said park shall be known as El Toyan Park. Moved by Heck, seconded by Fessman, that the Resolution be adooted. Carried, all the Council present voting aye. RESOLUTION NO. 6903 was read, "RESOLUTION OVERRULING PROTESTS (18th Street)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye, RESOLUTION NO. 6904 was read, "RESOLUTION ORDERING THE WORK (18th Street)." Moved by Hart, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6905 was read, IFICATIONS (Wilson Avenue)." worth, that the Resolution be present voting aye. "RESOLUTION ADOPTING PLANS AND SPEC - Moved by Heck, seconded by Hollings - adopted. Carried, all the Council RESOLUTION NO. 69A6 was read, "RESOLUTION OVERRULING PROTESTS (Fourth Street)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6907 was read, "RESOLUTION ORDERING THE WORK (Fourth Street)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6908 was read, "RESOLUTION APPROVING ASSESSMENT DIA- GRAM (Cleveland Avenue)." Moved by Fessman, seconded by Hart, that the Resolution be adopted, Carried, all the Council present voting aye. RESOLUTION NO. 6909 was read, authorizing the employment of the law offices of O'Melveny and Myers pursuant to the details set forth in letter dated March 6, 1957. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending that the crosswalks at 14th Street and Highland Avenue be removed, and an additional crosswalk recommended on the north side of 13th Street and Highland Avenue. Moved by Fessman, seconded by Heck, that the recommendation of the Traffic Safety Committee be allowed. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read stating that Chief Smith requested additional red curb on the east side of Highland Avenue at 28th Street. It was the recommendation of the Commission that the red curb be painted and also a crosswalk be installed at this intersection if there is a street light. Moved by Heck, seconded 4/2/57 264 by Fessman, that the red curb be allowed on the east side of High- land Avenue at 28th Street, and that a street light be installed at this intersection. Carried, all the Council present voting aye. HEARING on subdivision and Building Ordinance was held at this time. Petitions were presented which requested the Council not to adopt the amendment to Ordinance No. 840. The petitions were signed by more than 100 persons. B. E. KELLY, 1300 Block on E. 17th Street, was present, opposing the adoption of the amendmemtto Ordinance No. 840, as it would work a hardship on the individual. CECIL ALLEN, 1504 Highland Avenue; MRS. C. M. FRAZIER, 2425 "K" Avenue; and RUBEN RUBIO, 1729 Cleveland Avenue, were present and were opposed to the amendment to the ordinance regulating the subdivision of land. COUNCILMAN HECK stated he thought Ordinance 840 should be amended to provide for the installation of sidewalks and curbs, and that he was in favor of the ordinance. COUNCILWOMAN HOLLINGSWORTH said she thought if the people of National City do not want it, it should be abandoned. COUNCILMAN HART was in accord with Mrs, Hollingsworth. COUNCILMAN FESSMAN said he thought the amended ordinance providing for curbs and sidewalks should be adopted. Moved by Hart, seconded by Hollingsworth, that the ordinance be abandoned. COUNCILMAN HECK questioned which ordinance the motion referred to. MAYOR HODGE declared a recess. The meeting was called to order by Mayor Hodge. Council members present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent: None. Moved by Hart, seconded by Hollingsworth, that the above motion be withdrawn. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. Moved by Hart, sec- onded by Hollingsworth, that we abandon the proposed amendment to Ordinance No. 8.0, pertaining to installation of sidewalks and curbs. COUNCILMAN HECK stated that owners of seventy-five percent of the property who signed the petitions would not be affected by the pas- sage of this proposed amendment to Ordinance No. 840. COUNCILMAN FESSMAN said he thought the Council should adopt these modern ordin- ances and require sidewalks and curbs; the ordinance provides relief for hardship cases. COUNCILWOMAN HOLLINGSWORTH stated the Council has had a policy of not overriding a great majority. CHARLES KERCH, Chairman of the Planning Commission, was present and stated that most planning measures are objectionable to many of the people who would be controlled by the Ordinance. Most people would rather de- velope their land without subdividing. In regard to the installation of sidewalks and curbs, there is a fair amount of expense involved to everyone having this work done, however, the cost of the sidewalk for the average size lot is in the neighborhood of $200.00. The Plan- ning Commission felt that the ordinances we considered were very good. There is no doubt that some people did not sign the petitions and would be in favor of the amended ordinance. Carried, by the follow- ing vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman, Heck. Moved by Hart, seconded by Hollingsworth, that we abandon the proposed amendment to the subdivision ordinance. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman, Heck. ATTORNEY CURRAN reported that the Maryland Casualty Company has is- sued a certificate of insurance to National Dry Kiln and Processing Company, which .meets the requirements of their tidelands lease, and recommended it be approved and filed. Moved by Hart, seconded by Hollingsworth, that the Attorneyts recommendation be followed. Carried, all the Council present voting aye. 4/2/57 265 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $23,745.07 Traffic Safety Fund 1,462.69 Library Fund 9.81 Park Fund 740.11 Harbor Fund 13,077.33 Special St. Fund 1,300.79 Drainage Fund 1,390.94 Swimming Pool Fund 1,409.01 Payroll Fund 35,157.34 TOTAL $78,293.09 Moved by Hollingsworth, 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, Hodge. Nays: None. RESOLUTION NO. 6910 was read, authorizing the payment of $58.50 from the Capital Outlay Fund, to National City Star -News for legal notice to bidders for 13th Street Sewer Extension. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RUBEN RUBIO, 1729 Cleveland Avenue, was present and stated he wished to congratulate the majority of the Council for the action taken in regard to the proposed amendments to the building and subdivision ordinances; also stated he thought the Council should take action in regard to the request of the National School District for a school site in the Olivewood Housing area. CITY ENGINEER LILL requested that the matter of the 8th Street curve be deferred until we confer with the County, as perhaps their re- quest can be modified. ATTORNEY CURRAN stated he had no report to make regarding request of National School District regarding school site in Olivewood Housing area. COMMUNICATION FROM THE COUNTY BOARD OF SUPERVISORS was read, which approved the proposed O. D. Arnold Estates Annexation. CITY CLERK ALSTON suggested that if the Council is in accord, the City Attorney be authorized to make all legal documents pertaining to this annex- ation. Moved by Hollingsworth, seconded by Hart, that the City " Clerk's recommendation that the O. D. Arnold Estates Annexation be referred to the City Attorney for all legal steps. Carried, all the Council present voting aye. CITY CLERK ALSTON reported that on March 29th she mailed notices of hearing in regard to the 1911 Act of the National Vista Improvement. COMMUNICATION FROM SOUTH BAY CHIROPRACTORS' ASSOCIATION was read asking that the Mayor proclaim the week of May 1-7 as correct post- ure week. Moved by Hollingsworth, seconded by Hart, that the request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM MAYTIME BANJO REVIEW was read stating that in order to keep everyone informed of the activities of the loth Annual May - time Bank Review, they had enclosed Organizational Sheets. CITY CLERK ALSTON Stated it will be on file in her office. NOTICE OF HEARING before the Public Utilities Commission regarding the application of San Diego Transit System, for a new Certificate of Public Convenience and Necessity to consolidate its passenger state operative rights, was read. The hearing will be held April 8th at 4/2/57 266 10:00 A.M., in the Chamber of Commerce Building, San Diego. Moved by Hollingsworth, seconded by Fessman, that it be referred to the City Attorney to ascertain whether National City has any interest, and if so, he be authorized to attend. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO INDUSTRIAL DEVELOPMENT COUNCIL INC., was read asking the City to join them by participating in a discussion for the need of a Metropolitan Consolidation form of government in this area, as a means for solving problems of metropolitan nature. The dinner meeting, to be held Fridey, April 5th, at 7:00 P.M., Lyda's Dining Room, 3359 5th Avenue, San Diego. The communication vas ordered filed. CITY ENGINEER LILL reported on the bids, stating they were received yesterday for the sewer extension on 13th Street and also for 1911 Act Improvement of 13th Street. The following bids were received: R. E. HAZARD CONTRACTING COMPANY, $13,991.52; DALEY CORP., $14,168.63; GRIFFITH COMPANY, $14,250.98; V. R. DENNIS CONSTRUCTION COMPANY, $14,376.02. It is recommended that the contract for the work be awarded to R. E. Hazard Contracting Company, as low bidder, subject to the City Attorney's approval of the contract amount. Moved by Hollingsworth, seconded by Hart, that the recommendation of the City Engineer for the low bidder to be given the contract, be approved, elnd a resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL reported that the improvement of "D" Avenue from 24th to 30th Street has been completed; 26th Street from "B" to "D" also has been completed; and the work on Hoover Avenue should be completed this week. COUNCILMAN HECK excused. CITY MANAGER BIRD stated that with the help of the Planning Staff, the plans and specifications for the addition to the City Hall have been completed; that is the fire escape and the stairs, It is the Manager's recommendation that the plans and specifications be accept- ed by the City Council and the City Clerk be authorized to call for bids, to be received April 29th at 10:00 A.M. Moved by Hollings- worth, seconded by Hart, that the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. CHAMBER OF COMMERCE'S third 1956-57 quarterly report of expenditures incurred in carrying on a program of advertising for the year 1956-57 pursuant to the Chamber -City contract, was presented. CITY MANAGER BIRD stated it is his recommendation that the report be accepted and placed on file in the City Clerk's office. Moved by Hollingsworth, seconded by Hart, that the City Manager's recommendation be followed. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the bids for 13th Street Sewer. Extension. The following bids were received: PACE CONSTRUCTION COMPANY, $5,195.50; HAM BROTHERS CONSTRUCTION SERVICE, $5,251.40; WALTER H. BARBER, $5,387.36; R. M. & S. ENGINEERING CON- TRACTORS, $5,400.80; L. B. BUTTERFIELD, INC., $5,767,80; V. R. DENNIS CONSTRUCTION COMPANY, $7,123.00. It was recommended that the con- tract be awarded to the Pace Construction Company as low bidder. COUNCILMAN HECK present. COUNCILMAN HART excused. Moved by Hollingsworth, seconded by Fessman, that the City Engineer's 4/2/57 267 recommendation be approved, and the Pace Construction Company be awarded the bid, and the Attorney prepare the resolution. Carried, all the Council present voting aye. REPORT OF HEARING OFFICERS CITY MANAGER BIRD AND CITY ENGINEER LILL on the hearing for the improvement of Grove Street from 18th Street to 22nd Street and 20th Street from Grove Street to Prospect Street, was read. The hearing was held on April 1st and six persons inter- ested in the improvement were present. No written protests were on file previous to the hearing, and no written protests were received at the hearing. Two verbal protests were received, both were against the cost of the work, and represented 9% of the total area of the property proposed to be assessed. It is recommendLd that the protests received be overruled and the project proceed under the 1911 Improve- ment Act procedure. COUNCILMAN HART present. Moved by Hollingsworth, seconded by Hart, that the protests be over- ruled, and the City Council proceed with the 1911 Act on Grove Street, and that it be referred to the Attorney for the necessary resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COPY of communication sent to Senator Thomas H. Kuchel by the Nation- al City Chamber of Commerce regarding the airport site, was presented. Moved by Hart, seconded by Hollingsworth, that the communication be placed on record. Carried, all the Council present voting aye. COMMUNICATION FROM HARRY E. FARB and D. J. SASS was read which stated they are the owners of the northwest corner of Highland Avenue and loth Street, with 290 ft. frontage on Highland and 150 ft. on loth Street. They recently signed a lease to build a gasoline service station on the corner with 130 ft. frontage on Highland and 100 ft. on loth. It is their understanding the Council wishes to widen Highland Avenue by moving the curb closer in to the property line and that the Council has authorized the expenditure of approximately 37i% of the estimated cost of this widening from City funds. Inas- much, as they will be applying for a permit to install driveways on both Highland and loth in connection with the installation of the service station, they would like to widen the street in accordance with the City's desires at this time. They would prefer to widen the southerly 130 ft. immediately and the remaining 160 ft. within a few months. They are not sure of the requirements for driveways for the tenants for the northerly 160 feet, and do not like to in- cur double expense by widening the street at this time and installing curbs, and then a few months from now breaking curbs to install driveways. It is requested that the Council permit them to widen Highland Avenue from a point 130 ft. north of 10th Street to loth Street; that the City authorize the expenditure of 37+% of the cost of widening, or a number of dollars which will reflect the proport- ionate share of the $80,000.00 now appropriated for this purpose; and the owners of the property be authorized to install driveways up to 60% of the frontage of said property. CITY MANAGER BIRD said at the last Council meeting there was a similar request, and the Council took action, with a majority vote, granting Fritz and Kirk- patrick permission to put in a temorary improvement between 5th and 6th Street on the east side of Highland Avenue. The application of Sass and Farb raises a question wherein it became necessary to go back into the history of the proposed widening of Highland Avenue. A motion was passed wherein one block at a time would be widened by Council permission, the expense to be borne by the applicants; and since that time there has been no advantage taken of the provision. There has been, by action of the Council, the ordering by resolution of the Improvement of Highland Avenue under the 1911 Act procedure. 4/2/57 268 Since the 1911 project has been instituted, approximately 54% of the engineering work has been completed. The Council should decide if any such widening, as requested, be granted. MAYOR HODGE asked, if given authority to widen a complete block, how much time would it delay the entire improvement. CITY MANAGER BIRD stated the de- lay would be for as long as the people in any one given block took to widen it. It could be for quite a time, and it could be for a short time. COUNCILMAN FESSMAN stated he would like to have the City Attorney go through the 1911 Act a little further and see whether or not a property owner who has improved his property can vote on the protests in the 1911 Act procedure; and would suggest that this matter be laid over for a week and have the Attorney come back with a firm opinion. COUNCILWOMAN HOLLINGSWORTH concurred. JOHN KIRK- PATRICK, 505 Highland Avenue, was present and asked if they put in a permanent improvement would they have to participate in the final improvement. MAYOR HODGE asked if it is possible for a person to put in his own curbs and sidewalks and still have him participate in the total project. CITY ATTORNEY CURRAN stated it would not be out of order to lay this over until next week so that% 'n come up with a legal opinion. Moved by Fessman, seconded by Hollingsworth, that this matter be laid over until next week. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended that the Council reconsider the motion made at the last meeting granting to Fritz and Kirkpatrick the right to install, on a temporary basis, the side- walk and curb in front of their property on Highland Avenue between 5th and 6th Street, and that the permit be denied. Moved by Fessman, seconded by Hart, that the motion to permit temporary repairs on Highland Avenue between 6th and 5th Street be rescinded. Carried, all the Council present voting aye. CITY MANAGER BIRD presented plans and specifications for the swim- ming pool, and asked that the Council authorize the City Attorney to prepare a resolution approving same, and authorize the City Clerk to advertise for bids, to be opened May 13, 1957. Moved by Fessman, seconded by Hart, that the request of the City Manager be granted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. CITY MANAGER BIRD stated the Council took action last week in regard to the grade on Highland Avenue in the area of 2nd Street, said action being that it remain as is. Engineering and Management was not satisfied with the action, and felt that the area should be viewed by the Council. Engineering has established the markings for the purpose of allowing the Council to look at the physical aspects, and would like to take the Council to the site after the meeting. COUNCILMAN HART said he would be glad to go next week, but he cannot go tonite, and wondered what it would do to business in the area. RESOLUTION NO. 6911 was read, accepting the bid of the Pace Construct- ion Company in the amount of $5,195.50 for the Sewer Extension, Thirteenth Street, and the Mayor is authorized and directed to execute the contract for said Sewer Extension. Moved by Hart, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6912 was read, "RESOLUTION OF AWARD OF CONTRACT (Thir- teenth Street)r Moved by Hart, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated that the Industrial Master Plan has been distributed for perusal and will be presented officially on April 16ti Moved ried, by Hart, seconded by Fessman, that the meeting be all the Council present voting aye. Meeting cios 2 ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CI closed. Car- d at 4:08 P.M. T , CALIFORNIA