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HomeMy WebLinkAbout1957 04-16 CC MIN278 National City, California, April 16, 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, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill, Stock- man, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Thompson. Moved by Heck, seconded by Hart, that the minutes of the regular meeting of April 9, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6923 was read, "RESOLUTION DIRECTING ASSESSMENT TO BE PREPARED AND SIGNED BY ENGINEER OF WORK (18th Street)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6924 was read, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (Grove Street)". Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6925 was read, "RESOLUTION DESIGNATING NEWSPAPER (Grove Street)." Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6926 was read, "RESOLUTION DIRECTING ASSESSMENT TO BE PREPARED AND SIGNED BY ENGINEER OF WORK (Fourth Street)." Moved by Hart, seconded by Hollingsworth, that the Resolution be adooted. Carried.,, all the Council present voting aye. RESOLUTION NO. 6927 was read, "ADOPTING PREVAILING WAGE SCALE FOR THE IMPROVEMENT OF GROVE STREET.': Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. , AN ORDINANCE OF THE CITY OF NATIONAL CITY CONSENTING TO THE ESTABLISHMENT OF A PORTION OF EIGHTH STREET AS A COUNTY HIGHWAY," was presented for the first reading, and read in full. ORDINANCE NO. , an Ordinance close certain streets, was presented ing. Moved by Heck, seconded by Har Ordinance be waved, and that the tit the Council present voting aye. of Intention to vacate and for the second and final read- t, that the second reading of the le only be read. Carried, all ORDINANCE NO. 913, "AN ORDINANCE OF INTENTION TO VACATE AND CLOSE 15th AND 16th STREETS BETWEEN HARRISON AND CLEVELAND AVENUES, ALSO THE ALLEY FROM 14th STREET TO 15tltt STREET IN THE BLOCK BETWEEN HAR- RISON AND CLEVELAND AVENUES IN THE CITY OF NATIONAL CITY." Moved by Heck, seconded by Hart, that the Ordinance be.adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that Pace Construction Company has filed a Certificate of Insurance in accordance with their contract with the city, issued by American Surety Company of New York, and shows that public liability Policy No. CPC 118-68804 is in force and effect; also a Certificate of Insurance issued by Swett 8 Crawford showing that Dan E. Pace et al have property damage insurance in the 4/16/57 279 limit required by the contract, and it is recommended the Certificates be approved and filed. Moved by Hart, seconded by Fessman, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that the matter which was previously referred to both the City Manager and himself involving a condition at the Wilhelmine Home and property adjacent thereto cannot be brought to a conclusion because of the fact that Dr. Lindemulder is presently in Europe until next June, so there will be nothing further to report on that matter until Dr. Lindemulder's return. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Special Street Fund Drainage Fund Special Swimming Pool Fund Payroll Fund $13,454.54 2,006.99 161.05 2,916.00 445.88 11,088.74 13,837.77 35,002.28 TOTAL $78,913.25 Moved by Hollingsworth, seconded by Hart, that the bills be approved for payment and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COMMUNICATION FROM IVA SYCHE was read in regard to housing, and asked why the families living in the project should be forced to buy homes and get in debt beyond their ability. Mayor Hodge ordered the communication filed. COMMUNICATION FROM MR. AND MRS. JOHN CHADWICK, 1341 E. 5th Street, was read, stating that two months after the completion of the paving of 5th Street cracks began to appear in the topping. This was called to the attention of the City Engineer. He sent someone out to check, and assured them that he did not feel the cracks indicated rapid deterioration of the street. In talking with a foreman for the San Diego County Road Department, he did not concur with the opinion ex- pressed by Mr. Lill. Moved by Hollingsworth, seconded by Heck, that it be referred to the City Manager and City Engineer and the letter be answered. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for month of March, 1957, was presented and ordered filed. CITY CLERK ALSTON announced the League of California Cities meeting in Chula Vista on Friday evening, April 17th. APPLICATION FOR EXCAVATION PERMIT by D. J. Sass, was presented. CITY CLERK ALSTON stated copies have been forwarded to the City Manager, Suit. of Streets and the City Engineer, for a report in accordance with ordinance. COPY OF COMMUNICATION FROM COLORADO RIVER BOARD OF CALIFORNIA ad- dressed to Senator Williams, Chairman, Senate Committee on Water Resources, was read, regarding Senate Bill 2647, which will, if en- acted, abolish the Colorado River Board of California and the Colo- rado River Commissioner; and transfer the powers, and duties, pur- poses, responsibilities and the ,jurisdiction of the Board and the Colorado River Commissioi,r,r to the Department of Water Resources. On March 6, 1957, the CclDrddo River Board went on record and unan- imously opposed the enactment of Senate Bill 2647, It is hoped that 4/16/57 280 the Senate Committee on Water Resources will reject any request for action on Senate Bill 2647 or any other legislation designed to abolish the Colorado River Board of California. Moved by Hollings- worth, seconded by Hart, that a letter be sent protesting the dis- solving of the Colorado River Board of California. Carried, all the Council present voting aye. REPORT ON SOUTH BAY MASTER PLAN BY MOHR ADAMS PLOURDE COMPANY was discussed at this time. WESLEY G. MOHR, President of Mohn Adams Plourde Company, 1501 Sixth Avenue, San Diego, was present to for- mally present their report of the South Bay Master Plan to the Coun- cil. Mr. Mohr asked that his firm be given permission to distribute copies of this report to some of the other public utilities companies and firms who are vitally interested. Moved by Fessman, seconded by Hollingsworth, that the request of Mr. Mohr be granted. Carried, all the Council present voting aye. Mr. Mohr asked if the Council would approve their plan as to the contract so they may receive the monies retained. Various phases of the report were discussed. COUNCILMAN FESSMAN stated he has read the report and was present at all the meet- ings of the Committee and it is his belief the report is very well done. At the present time we should accent the report and then com- mit it to various planning bodies in the City, possibly the Chamber of Commerce Industrial Committee, the Planning Commission and study it further ourselves for final acceptance as the plan. Moved by Fessman, seconded by Hart, that Mohr Adams Plourde Company's report on the Industrial Master Plan South Bay Region be received and the contractual services be paid. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL reported that the contract for the sewer extension on 13th Street has been signed and work should start in the near future. REPORT FROM CITY ENGINEER LILL in regard to 24th Street Improvement, Hoover Avenue to Highland Avenue, Gas Tax Project No. 32-1, was read, stating transmitted for approval are plans and specifications for the subject project. These plans and specifications have been approved by the State Division of Highways and the City has been authorized to advertise for bids for the work. It is suggested that bids be received and opened at 10:00 A.M., May 6, 1957 in the office of the City Clerk. The following items are noted for review and approval: (1) Hoover Avenue is not dedicated south of 24th Street. The plans show curb returns and construction of Hoover to the south line of 24th Street in this area. However, if a street deed is not received for Hoover Avenue south before construction is begun, it is recom- mended that the curb returns and paving be eliminated and a 30 foot wide driveway depression only be installed at this location. (2) Nc alley approach has been provided for the alley on the north side of 24th Street between Hoover and Roosevelt Avenues. The alley is not presently used and cannot be easily used without considerable grad- ing and excavation on the property to the north. An alley approach is not now needed. (3) An 18 inch diameter reinforced concrete pipe is to be installed across 24th Street at Roosevelt Avenue. This pipe will provide for future drainage of Roosevelt Avenue north. however, the pipe will be plugged and will not be used until Roose- velt Avenue is improved. CITY MANAGER BIRD stated the three items wcre directed to him for discussion. Mr. Bird stated he has portions of the deeds for Hoover Avenue at the present time, and two people are coming in today to sign additional deeds, so we will have Hoover Avenue opening on the south. No alley approach to the north is ab- solutely of no consequence, so would recommend that we carry the pro- ject straight through with no alley opening; and the 18 inch drain- age situation is of a necessity due to a mistake made by ';a previous Administration whereby certain property owners were allowed to create a condition of which we are now attempting to rectify, whi...ch is the 4/16/57 281 first step. It is the Manager's recommendation that the plans be accepted and the City Clerk be authorized to advertise for bids. Moved by Hart, seconded by Fessman, that the City Manager's recom- mendation be allowed. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD reported on the petition submitted to the Council at the last meeting, and one phase was in regard to cars being parked on National Avenue; trash pick up; and time parking on National Aven- ue; and police officer. Mr. Bird stated we are making a survey, as this was primarily a recommendation to prohibit parking between the hours of 3:00 A.M. and 6:00 A.M. for the purpose of street sweeping. We feel that a change in the Traffic Ordinance would have to be made, and as sweeping is just as important in other areas, that in amend- ing the ordinance, he would recommend that all of the business areas be included. REPORT FROM CHIEF OF POLICE in regard to request of merchants concerning a patrol officer to be assigned to foot patrol from 7th to 10th Street on National Avenue, it is felt that the cost of this activity is not warranted at the present time. The officer assigned to the three -wheel motorcycle for parking control is far more efficient as he is in constant communication with headquarters. It has also been suggested that a change be made in the hours of the patrol by the officer on the three-wheeler. Under the present or- dinance, limited parking is in effect between the hours of 8:00 A.M. and 6:00 P.M. It is believed that the present work schedule has proved successful for the past five years and the parking problem within this area is not as acute as it was before when the three- wheeler was first put into cperation. The Police Dept. is making a sincere effort to keep the operational budget at a minimum and at the same time give maximum police service to the entire community. It is therefore recommended that the present operation within the area of the business district on National Avenue be maintained in its present status. CITY MANAGER BIRD stated the matter of the trash pick up between the hours of 9:00 A.M. and 10:00 A.M. would involve a change of ordinance and also a change with the contractor, which we are attempting to work out, COUNCILWOMAN HOLLINGSWORTH stated she is inclined to disagree with Chief Smith in regard to the patrolling of the three-wheeler. The request In the petition was to see that the three-wheeler in the area between 7th and 9th Streets would keep people from coming in and parking for a number of hours. They come in around 3:00 or 4:00 P.M. and stay parked on National until midnight or later because they know the three-wheeler is not operating and this gives them the privilege of parking for six or eight hours, which is one of the things the petitioners are asking to have elim- inated. Mrs. Hollingsworth said she thought it should be referred back to Chief Smith because there is no difficulty in the early morning hours when the three-wheeler goes into operation and perhaps he should be operating at a later hour. CITY MANAGER BIRD stated the only way to overcome this would be to put in half hour parking in the two particular blocks and that would require a change of the ordin# ance, the working of the three-wheeler later in the day without the ordinance to go with it would not solve the problem. COUNCILMAN HECK asked the present hours of the three-wheeler. CITY MANAGER BIRD stated his hours are from 9:00 A.M. to 4:00 P.M. COUNCILMAN HART said he did not think we should change the time to half hour parking as it would hurt business, perhaps the hours of the three-wheeler should be changed. COUNCILMAN FESSMAN said he too agreed with Mr. Hart, the present ordinance should be inforced a little more rigidly to correct the situation. COUNCILUD MAN HOLLINGSWcRTH stated the busiest hours in any store on National Avenue is between 4:00 and 6:00 P.M., and it would be her recommendation that the officer on the three wheeler work until 6:00 P.M. instead of 4:00 P.M. CITY MANAGER BIRD suggested that he confer further with the Chief of Police, it is the will of the Council there be a three-wheeler in the area up to and including 5:30 or 6:00 P.M. for the enforcement of the pre- sent existing ordinance. 4/16/57 282 COWUNICATION FROM RAYMOND KENNY was read, in regard to the park at 20th and Palm Avenue; he wished to make an offer of 30 feet by 264 feet on 23rd Street for a road or he will sell an acre of 264 foot frontage on 23rd Street by 165 feet. CITY MANAGER BIRD recommended that it be referred to the Finance Committee and himself. Moved by Heck, seconded by Fessman, that the City Manager's recommendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM COTTON CONSTRUCTION CORPORATION was read request- ing the Council to close 17th Street for the distance of 125 feet from the west side of Montgomery Freeway to the east side of McKinley Avenue. The reason for this request is to enable the Cotton Con- struction Corp. and the Carnegie Materials Corp. to extend their facilities. The street dead ends at Montgomery Freeway, is not trav- ersed by anyone but them, and is of no public use or value. It is believed that no damage will result to anyone by this action, and the City will save maintenance cost of the street. They agree to install curb, gutter and sidewalk in accordance with City requirements at no cost to the City, and also agrees to pay costs involved in tak- ing necessary legal action. CITY MANAGER BIRD recommended this be referred to the Planning Commission. Moved by Heck, seconded by Fessman, that it be referred to the Planning Commission. Carried, all the Council present voting aye. NOTICE OF INTENTION TO CIRCULATE A PETITION requesting the Council to call an election for the purpose of determining whether certain ter- ritory shall be annexed to the City of National City, was presented. CITY MANAGER BIRD stated that the petition as submitted, stated "that property further described by the attachment" and there is nu attachment with it to determine the property. It is 71 acres lying out south of Valley Road off of Sweetwater Road with a 300 foot cor- ridor along the road. CITY ATTORNEY CURRAN recommended it be re- ferred to him for a report at the next meeting. Moved by Hart, sec- onded by Fessman, that the Attorneys recommendation be followed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated that in response to his letter to a property owner in Chicago requesting whether or not a certain piece of prop- erty abutting the City's Las Palmas Park was for sale, he has re- ceived a communication from that party stating it was for sale, and requested that it be referred to the Finance Committee. Moved by Fessman, seconded by Hollingsworth, that it be referred to the Fin- ance Committee. Carried, all the Council present voting aye. COMMUNICATION FROM P. E. KILLION was read requesting the City to make a survey to determine if the R-1-S zone in the ordinance is be- ing observed in Olivewood Terrace. He stated that he has noticed that more than one family appears to be living in variations of a "house". It would be interesting to survey every lot in the Olive - wood Terrace to discover violations of the intended zoning ordinance, if any; and if the single residential family zoning policy is not in effect, it would be interesting to know why, and by whose authority. He suggested that the matter be referred to the City Council for a survey of actual conditions. CITY MANAGER BIRD recommended it be referred to the Planning Commission, the Building Department and the Police Department to make the requested survey and report. Moved by Heck, seconded by Fessman, that the recommendation of the City Man- ager be allowed. Carried, all the Council present voting aye. COUN- CILWOMAN HOLLINGSWORTH stated that there are other areas in the City that have been violated, specifically along "I" Avenue between 13th and 15th Streets; "J" Avenue between 13th and 15th Streets; which is all R-1 zone. CITY MANAGER BIRD stated he would recommend, on the information supplied by Mrs. Hollingsworth, that the same pro- cedure and the same orders be given, a survey and report be made of 4/16/57 283 those areas and report to the Council. If such conditions are found, the proper prosecution can be made. Moved by Hollingsworth, seconded by Heck, that the recommendation of the City Manager be allowed. Carried, all the Council present voting aye. MINUTES OF THE HARBOR COMMITTEE was read stating they took under discussion the counter -proposal of Tarter, Webster and Johnson for tidelands lease referred to them by the Council, and it was their recommendation that the proposal be adopted, and the City Attorney be authorized to prepare the lease. Moved by Fessman, seconded by Hart, that the Harbor Committee's recommendation be allowed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated at the last meeting there were certain motions made and certain directives entered into the minutes in re- lation to two applications. One was the application of Fritz & Kirk- patrick, and the other the application of Sass and Farb. In the matter of Fritz & Kirkpatrick, a motion was made and carried that "Mr. Kirkpatrick proceed northward to Mr. Fritz'a property and they be advised that the Council will approve the widening at this time; and that they place in permanent sidewalks, gutters and curbing, and the paving be of a permanent nature, not inferior to wh t has already been put on Highland Avenue; this to be for any named p operty be- tween 5th & 6th Street on the east side of Highland Ave ue". Mr. Bird stated he has been in touch with the applicant, an recommended for the Council's consideration that there be granted to the property owners in that block the right of removal of the presen existing curb and the installation of a new curb in accordance with City's specifications; they pay the cost of said realignment and replacing tf curb; and pay the cost of the removal of the water meters. That the City of National City pave with two inch A C that area, or strip, which will be vacated, and to pay the cost of the moving of the fire hydrant. Mr. Bird stated his reason for this goes back a long way. In reading the motion, the intent was not specific as to the type of paving, and it is his feeling where we move back the eight feet, the property owner puts in the permanent curbs, etc. according to City's specifications, the City would be justified in putting in the two inch A C paving, legally they would be within their rights because of the fact in granting the application they would have to make that area passable and maintain it as such; and we have the 1911 Act Im- provement District under way on Highland Avenue, and according to our City Attorney's opinion they would not be eliminated from the district, only that portion which they pay for on their permanent installation. Moved by Fessman, seconded by Hart, that the City Manager's recom- mendation be allowed. Carried, all the Council present voting aye. CITY MANAGER BIRD reported in regard to the application of Farb & Sass, which was referred to the City Manager for a conference with Mr. Sass and Mr. Farb. Mr. Bird stated he held the conference, and there was a stipulation that the entire two blocks be completed. Mr. Pratt, Mr. Johnson and Mr. Sass, the owners, went over the entire matter, and W. Pratt is willing to move back provided the others make the move. Mr. Johnson, as of the present, is not willing to move back and justifies himself in the fact that the widening of Highland Avenue, as of the present, to him, is not necessary for his business; that he is deprived of his parking priviledge, so there- fore he is not interested. In regard to the application of Farb and Sass, Mr. Sass has agreed to the Manager's stipulations. The travel on Highland Avenue goes southward past their property, the northwest corner of Highland Avenue and loth Street. They are in accord to move their sidewalks to City's specifications, and it is the City Manager's recommendation that Sass and Farb be granted permission to move back, at their expense, and their application for driveways as requested, with the corrections as noted on the plans by the City /16/57 284 Manager and City Engineer for the driveways be granted; and the City pave with two inch A C the area vacated; and the property owners will remain within the proposed district. Moved by Hart, seconded by Hollingsworth, that the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hol- lingsworth, Hodge. Nays: Heck. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 578 signed by Donald D. Chase, relative to the Property at the Northeast corner of 22nd and "F" Avenue. Petitioner is requesting permission to construct six units on prop- erty containing 11,800 square feet and the Zoning Ordinance requires 12,000 square feet in and R-2 Zone. Buildings will be constructed in accordance with all yard areas and property set -back requirements. The Commission recommended the granting of this request. Moved by Hollingsworth, seconded by Fessman, that the Planning Commission's recommendation be sustained, and the necessary resolution prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION was read in regard to the grant deed received from Chesterine and Paul M. Koruga for the Westerly 15 feet of Lot 265, Lincoln Acres Annex No. 2, which is for the wid- ening of the alley located between 18th and 20th Streets and Lanoitan and Granger Avenues. The Planning Commission recommended acceptance of this deed. Moved by Heck, seconded by Hart, that the Planning Commission's recommendation be accepted, and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION in regard to the grant deed from Thomas E. and Evelyn B. Ward, for a portion of 17th Street between "L" and "N" Avenue, was read. This portion, approximately 30 feet by 30 feet, was apparently inadvertently omitted at the time the ad- joining 17th Street was dedicated. The Commission recommended ac- ceptance of the deed. Moved by Hart, seconded by Hollingsworth, that the recommendation of the Planning Commission be accepted, and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COUNCILWOMAN HOLLIN:iSWORTH requested a meeting of the Finance Com- mittee immediately following the Council meeting. Moved by Hollingsworth, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:20 P.M. MAYOR, CITY OF NATIO AL C , CALIFORNIA ATTEST: CITY CLERK 1