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HomeMy WebLinkAbout1957 05-14 CC MIN302 National City, California, May 14, 1957 Regular meeting of the City Council Hollingsworth at 1:30 P.M. o'clock. Hart, Heck, Hollingsworth. Council ADMINISTRATIVE OFFICIALS present: ran, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. George Thompson. Moved by Heck, seconded by Hart, that the minutes of the regular meet- ing of May 7, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6943 was read, "RESOLUTION ADOPTING AMENDED PLANS AND SPECIFICATIONS (Grove Street)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge, RESOLUTION NO. 6944 was read, "RESOLUTION DIRECTING PREPARATION OF ASSESSMENT DIAGRAM IN THE MATTER OF THE IMPROVEMENT OF 26TH STREET". Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6945 was read, rescinding Resolution No. 6930, Resolut- ion of Award of Contract, (Fourth Street), and same is hereby declared of no force and effect whatsoever. Moved by Heck, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6946 was read, "RESOLUTION OF INTENTION NO. 6946 IN THE MATTER OF CONSTRUCTION OF STREETS AND IMPROVEMENT OF HARBISON AVENUE BETWEEN THE CENTERLINE OF FOURTH STREET AND THE CENTERLINE OF SIXTH STREET IN THE CITY OF NATIONAL CITY." Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6947 was read, "RESOLUTION APPROVING ASSESSMENT DIAGRAM (Hoover Avenue)." Moved by Hart, seconded by Fessman, that the Res- olution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None, Absent: Hodge. RESOLUTION NO. 6948 was read, "RESOLUTION DIRECTING WORK TO BE DONE UNDER DIRECTION OF THE ENGINEER OF WORK (Kenton Avenue)." Moved by Fessman, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings- worth. Nays: None, Absent: Hodge. RESOLUTION NO. 6949 was read, permitting the Atchison, Topeka and Santa Fe Railway Company to construct, maintain and operate a spur track across 19th Street. The permit is granted upon certain condit- ions and limitations, as set forth in the Resolution. COUNCILMAAN FESSMAN questioned one of the conditions which read: "Permittee shall at its own cost and expense, install and maintain timber crossing guards across 19th Street to prevent any person from going upon said track when being used by permittee", and thought that it should read: "Permittee shall at its own cost and expense, install and maintain timber guard rails". Moved by Hart, seconded by Fessman, that the Resolution be adopted with the change as recommended. Carried, by 5/14/57 was called to order by Vice Mayor Council members present: Fessman, members absent: Hodge. Alston, Stockman, Lill, Bird, Cur- 303 the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM TRAFFIC SAFETY COMMITTEE regarding dia;onai parking on National Avenue, was read, which recommended that diagonal parking not be permitted. The additional hazards related -to diagonal park ing, which would decrease the safety of motorists and pedestrians, was the primary reason for not supporting this type of parking. The Traffic Safety Committee feels the disadvantage connected with diag- onal parking far outweigh the advantages. COUNCILMAN HART said he felt if diagonal parking would improve the business on National Avenue the Council should grant the request. COUNCILMEN HECK and FESSMAN were in agreement with the Traffic Safety Committee. WILLIAM C. MOESER, National City Motors, 711 National Avenue; LEE M. BROWN, 720 National Avenue; PAUL RODERICK, 711 National Avenue, were present, and ail felt that diagonal parking would help the business people on National Avenue, and consideration should be given to them. COUNCIL- MAN FESS:C^\N stated that perhaps by having diagonal parking on National Avenue the resulting congestion would tend to divert the through traffic that would normally go right through town, onto Roosevelt Frenue. VICE MAYOR HOLLINGSWORTH stated she would like the Council to refer this back to the Traffic Safety Committee for consideratipn; they are not just concerned with fast moving traffic through town, and perhaps it would be a new approach. COUNCILMAN HECK stated that per- haps too much traffic is going through National Avenue too fast, and we may need more strict enforcement of traffic laws in the down town area, and if the traffic goes down Roosevelt Avenue the merchants will suffer worse by not having the traffic on National Avenue. Moved by Fessman, seconded by Hart, this be referred back to the Traffic Safety Committee for reconsideration. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth. Nays: Heck, Absent: Hodge. CITY ATTORNEY CURRAN stated that Mayor Hodge was invited by the San Diego County Water Authority to make a trip to Parker Dam, and since he was unable to go he requested the Attorney go in his place. At- torney Curran said the trip was made last week end. The facilities of the Metropolitan Water District of Southern California were inspected almost in their entirety, and they followed along the route of the present aqueduct to the reservoir in Riverside County in which the present aqueduct serves the County of San Diego; they were briefed as to the location of the proposed aqueduct which in general will be a few miles west of the present aqueduct. The financing of the aqueduct and the additional facilities is a joint project between the Metropol- itan Water District and the San Diego County Water Authority. Attorney Curran said he felt the trip was very worth while, and we will have much better public relations and understanding of our joint problems as a result of the trip. LEASE WITH GOVERNMENT regarding 29th Street, was presented. VICE MAY- OR HOLLINGSWORTH stated that several months ago, the Federal Housing Authorities asked for an easement through the Olivewood Housing west of National Avenue to gain access to pieces of property west of our housing. At that time, it was the opinion of the Council they would grant an easement through Olivewood Housing but one of the restrictions at that time was we did not want it tied down to a specific area be- cause in the future when we sold the Housing, the easement or access might be in a different location than it is now. We have recently had another communication from the Public Housing Authority, and they were of the opinion they had an easement which was automatically in- cluded in the property, but they still want us to specify a specific area for the easement. COUNCILMAN HECK stated he feels they are en- titled to an easement, but he does not wish to hamper the future de- velopment of our area, and that we advise the Government the Council can only give them a revokable permit. COUNCILMAN FESSMAN stated per- haps it is possible we could grant them an easement without specifi- cally setting out its location, except to say that a certain portion 5/14/57 304 can be used now, but we cannot guarantee that the easement will ever be in the same piece, as we reserve the right to move the location to suit the needs of National City. ATTORNEY CURRAN stated that the Fed- eral Government, in their efforts to sell the property have encounter- ed a situation, whereby, the prospective bidders are not interested in bidding until it can be determined as to what, if any, access is avail- able, and that is the reason in his mind the Housing Administration has made the request. Moved by Heck, seconded by Hart, that we re- affirm our previous statement. We will grant them a revokable ease- ment ultimately when the area is developed, and there will always be a provision made for access to the property. Carried, all the Council present voting aye. CITY CLERK ALSTON stated the following bids for the proposed swimming pool were opened on May loth: WALKER-MURPHY COMPANY, $395,000.00; TEYSSIER & TEYSSIER, $374,267.00; WESTERN ALTA CONSTRUCTION COMPANY, $393,000.00. Moved by Hart, that it be referred to the City Attorney and after we have received his opinion, it be referred to the Finance Committee. CITY MANAGER BIRD stated that he would recommend that the bids be referred to the Finance Committee and to the City Attorney. At the session of opening the bids, there was a gentleman representing a Los Angeles Company, who was a bidder, made an oral protest, embody- ing a question of technicality in relation to the low bidder not hav- ing what he considered a license under the Profession and Standards Code of the State of California, which in his opinion he felt was nec- essary, and its absence, the low bid of Teyssier & Teyssier was not a valid bid. Motion seconded by Fessman. MICHAEL C. MEALEY, associated with Higgs Fletcher & Mack, representing Teyssier & Teyssier, was pre- sent and asked if the objection was made because the low bidder did have a specialty in his contractor's license. CITY MANAGER BIRD stated he did not consider the protest a valid one because the protest would either have to be made in writing or be made orally at an offic- ial meeting of the City Council. MR. DAKON of Western Alta Construct- ion Company, was present and stated he was the one who made the pro- test, and it was made on the basis that in the last year due to the number of bidders on swimming pools that a specialty license would be required for the construction of a swimming pool. It was made on the basis of a valid protest. VICE MAYOR HOLLIN.ISWORTH asked Mr. Dakon if he is at this time making a valid protest; and Mr. Dakon said he wish- ed to make an oral protest to the Council that the low bid be rejected on the basis of the improper license due to the request by the State of California Contractors Board that a man must be licensed as a swim- ming pool contractor in order to build a swimming pool. MR. MEALEY referred to the authority they have which clearly makes valid the bid submitted by Teyssier & Teyssier. Section 7057 of the Business & Professional Code defines the type of license held by his client. The section defines general building contractor, and his client has a B1 License, under the definition of that particular code sections it ap- pears clear that such a contractor may bid and perform the type of contract involved. MR. DAKON said he would be in favor of having this referred to the City Attorney. Motion carried, all the Council present voting aye. REPORT OF CITY TREASURER for the month of April, 1957, was presented and ordered filed. REPORT FROM CITY EN INEER LILL was read in regard to City articipat- ion in 1911 Act Improvement of 26th Street, "B" Avenue to "D" Avenue, and City assessment. The total amount to be paid to the contractor is: $15,953.16; the amount to be assessed to property owner is: $13,268.76; City contribution is: $2,684.40. This amount should be paid the contractor from the designated fund upon confirmation of the assessment. Assessment No. 18, in the amount of $2,448.97 is against a portion of the Olivewood Housing property and should be paid the contractor during the 30 day collection period following confirmation 5/14/57 305 of the assessment. Moved by Heck, seconded by Hart, that the Engin- eer's report be approved and payment be made. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM CITY ENINEER LILL was read in regard to the City partic- ipation in 1911 Act Improvement of Hoover Avenue, 8th Street to 13th Street. The total amount to be paid the contractor is: $35,481.09; the amount to be assessed to property owners is: $22,022.78; the City contribution is: $13,458.31. This amount should be paid the contract or from the designated fund upon confirmation of the assessment. Moved by Heck, seconded by Hart, that the Engineer's report be approv- ed and payment be made. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. PETITION from property owners was presented requesting that "C" Avenue between loth and 12th Streets be given prompt consideration for re- pairs on 4aid street. The petition was signed by 15 property owners. Moved by Fessman, seconded by Hart, that the petition be referred to the City Manager. Carried, all the Council present voting aye. NOTICE FROM ARMY ENGINEERS in regard to dredging was presented, and report from City Engineer Lill stated the proposed installation is in the ocean off of Mission Beach and does not affect National City. Moved by Heck, seconded by Hart, that the report be filed. Carried, all the Council present voting aye. BULLETIN FROM LEAGUE OF CALIFORNIA CITIES inr egard to Recall of Mun- icipal Officers, was read, stating the League has sponsored A. B. 2425 by Assemblyman Hegland and others in an endeavor to prevent the abuse of the municipal recall law. Municipal elective officers now may be recalled by a petition signed by 12% of the voters.. A.B. 2425 would increase the requirement to 25% of the voters of the city, and also will require the statement of the reasons for recall to be published at the same time and with the answer of the officer sought to be re- called. The bi`11 also provides that the officer sought to be recalled will hold office until his successor is elected and qualified. There will no longer be two elections. Candidates will be nominated for the office in the event the recall is successful, and the voters will vote first on the question of the recall and, having voted on that question, will then vote for one of the candidates. It is the opinion of The League that in this manner the qualifications of the officer sought to be recalled will be compared by the voters of the candidate for the office, if the recall is successful. This not only makes unnecessary a second and costly recall election, but is similar to a regular elect- ion when candidates and their qualifications are compared. A.B. 2425 has been approved by the Assembly on a 43 to 28 vote and now goes to the Senate. It will be heard before the Senate Committee on Elections, Wednesday, May 22. It is hoped that the City will write or otherwise contact their Senator requesting him to support A. B. 2425. Moved by Fessman, seconded by Heck, that the City Clerk be authorized to address a letter to Senator Kraft asking him to support A.B. 2425. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: None. Absent: Hodge. Councilman Hart abstained from voting. CITY CLERK ALSTON stated there will be a meeting of the County Divis- ion of the League of California Cities Friday evening in Coronado. CITY CLERK ALSTON stated that the National Institute of Municipal Clerks will hold their convention in Long Beach May 21st, 22nd and 23rd, and asked authorization to attend. Moved by Heck, seconded by Fessman, that the City Clerk be permitted to attend the convention, with expenses paid. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. 5/ 14/57 306 CITY ENGINEER LILL requested that the bid opening for the traffic lights at Palm Avenue and 18th Street be deferred to 10:00 A.M., May 27th, because there is not sufficient time to advertise for bids to be opened on May 21st. Moved by Fessman, seconded by Hart, that the request be granted. Carried, all the Council present voting aye. CITY ENGINEER LILL stated he received a teiephone message from the State Division of Highways, San Diego Office, that the award of con- tract for 24th Street had been approved and a letter was in the mail. Mr. Lill said.hethought it would be in order for the contract to be awarded at this meeting. CITY ENGINEER LILL reported there was a meeting in his office concern- ing 18th Street Improvement, which has been awarded to the Griffith Company. There were 21 persons in attendance, 12 of whom were from Utility Companies; the contractor, and the Engineer of Work. Appar- ently there is going to be a great deal of utility work take place before actual improvement operation can start; the gas company has 4,000 feet of gas mains to install; the Water Company has almost an equal amount of water mains which will be done partially before grad- ing and partially after grading; there will be approximately 45 power poles to be moved and considerable length of telephone conduit to be relocated. The City also has sewer lateral work to be done during the course of construction. The Utility Companies are to start work im- mediately and the contractor will not commence before June 30th at the earliest, and it may be much later, depending upon the progress of the Utility Companies. The Engineer of Work, Byrl D. Phelps, will handle all staking and inspection on this project, with assistance as request- ed and required of the City Engineer's Office. CITY MANAGER BIRD stated there had been a petition presented to the Council regarding annexation of a portion of property laying to the southeast of the City which was referred to the City Engineer and then to the City Attorney, who reported it did not contain the legal des- cription and map when the peition was filed, Mr. Bird said he is now in possession of the map and legal description of the area proposed to be annexed, and recommended it be referred to the City Attorney. Moved by Fessman, seconded by Hart, that the City Manager's recommend- ation be followed. Carried, all the Council present voting aye. PETITION from property owners in the area from 20th Street south to 24th Street requesting that study be given to the feasibility of open- ing Newell Street, was read. CITY MANAGER BIRD stated the petition is signed by 85% of the property owners in that particular area, and re- commended it be referred to the Planning Commission for study, the Park Department and the Engineering Department for a report as to feasibility as to what can be done in this particular area. Moved by Hart, seconded by Fessman, that the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM HARRY E. MANSFIELD & ROBERT F. BJNAMO was read in regard to the drainage project being undertaken by the City and in- volves the following described property; the Easterly portion of Northerly half of the Northwesterly Quarter of Quarter Section 128 of Rancho de la Nacion, which lies between 16th & 17th Streets and roughly 350 or 400 feet east of Palm Avenue. The project is greatly hampering the development of this property, therefore, it is desirable that a meeting be arranged between officials and parties concerned in order that some arrangement can be made to the satisfaction of all con- cerned. CITY MANAGER BIRD recommended that the Engineering Department and the Manager be authorized to set up a meeting with the two prop- erty owners involved, which involved four lots they are developing as of the present time, or attempting to develop, but because of the fact that we propose to go through there eventually with our drainage pro- ject, it has curtailed their financial arrangements and many other 5/1 /57 307 things that are necessary for their building program, and recommended that we be allowed to negotiate for acquisition of those properties, and bring back a report to the Finance Committee of the findings. Moved by Hart, seconded by Fessman, that the City Managerts recommend- ation be followed. Carried, all the Council present voting aye. CITY MANAGER BIRD reported in regard to the petition concerning "C" Avenue between loth and I2th Streets, which is an access to the City park. It is one of the streets which was oiled a number of years ago, and would lend itself very desirably to an Improvement District Project but they are not willing to do so, therefore, he would recommend that it be put in a passable condition, which they requested. It will be taken care of when we have the material available. CITY MANAGER BIRD reported he contacted the Managers of the three banks in National City in regard to the sale of the City property, as requested at the last meeting, and they have advised him to make fur- ther contact with title companies and other financial divisions, which will take another week before he can make a report to the Finance Com- mittee or to the Council in regard to the sale of the property. LEON M. BOICE, 3430 Olive Street, was present and stated he lives in the area connected with the petition which was presented today, pro- posing to annex certain property, and stated he wished to protest the annexation. VICE MAYOR HOLLIN 3SWCRTH stated he will be notified at the time of the regular hearing on the annexation. BETTY STARK, 3448 Olive Street, was present and requested they be notified of the hear- in.l in order to present their protests. VICE MAYOR HOLLINGSWJRTH stated they will have ample time to submit their protests. REPORT FROM THE PLA'NIN3 COMMISSION was read, recommending the accept- ance of the grant deed received from Warren R. and Tommie L. Miller relative to a portion of the north side of 29th Street, located 115 feet west of "D" Avenue. Twenty-ninth Street west of "D" Avenue has previously been approved by the Planning Commission for a 60 foot right- of-way. Moved by Heck, seconded by Fessman, that the Planning Com- mission's recommendation be allowed; the deed be accepted; and the Attorney prepare the necessary resolution. Carried, all the Council present voting aye. REPORT FROM PLANNING COMMISSION was read stating that Assembly Bill No. 682 introduced in the 1957 Session of the State Legislature would prohibit any land use change within 500 feet of a school by enactment or amendment of a zoning ordinance without the approval of the govern- ing board of the school district. It was moved and unanimously passed that Planning Commission Resolution No. 13 (n.s.) be adopted, memor- ializing the dovernor and the Legislature of the State of California to defeat enactment of Assembly Bill No. 682, or any amended version of such Bill, as it is the opinion of the Commission it would take an important planning and zoning function away from cities and counties as well as establish an extremely bad precedent. Moved by Heck, sec- onded by Hart, that the Council approve the Planning Commissionts resolution, and it be forwarded to the Governor, as directed; and the City Clerk write our Legislatorts,Assemblyman Sheridan Hegland and Sen- ator Kraft, opposing Assembly Bill No, 682. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read in regard to Senate Bill No. 1547 which is intended to correct the problem created by the Sup- reme Court in Hall vs City of Taft, which in effect holds that local agencies of state government are not subject to city building, zoning or similar regulatory ordinances. If a county, district or similar {. state agency desires to locate or construct a garbage site, rock quartet sewage plant, airport, etc., within residential districts of either cities or counties contrary to city or county zoning ordinances, or 5/14/57 308 erect structures which in no way comply with city or county building, plumbing, electrical, fire prevention or health and safety ordinances, they may do so. It is the intent of Senate Bill No. 1547 to make counties, cities and Local districts of all kinds subject to such or- dinances. The Bill will exclude expansion of existing non -conforming uses owned and operated by local government and to exclude water res- erviours or supply and distribution canals or aqueducts. It was moved and passed that Planning Commission Kesolution No. 14 (n.s.) be ad- opted, memorializing the Governor and the Legislature of the State of California to pass and adopt Senate Bill No, 1547 as the Planning Com- mission feels this Bill would promote and protect the public health, safety and general welfare of the people of the City of National City as well as provide for the social, physical and economic advantages resulting from comprehensive and orderly development and use of land resources. Moved by Heck, seconded by Fessman, that the Planning Com- missionts resolution be adopted and forwarded to the Governor, also that Senator Kraft and Assemblyman Hegiand be advised by the City Clerk of the action taken. Carried, all the Council present voting aye. RESOLUTION NO. 6950 was read, finding that the bid of the V. R. Dennis Construction Company in the amount of $60,972,71 is the lowest bid submitted on May 6, 1957 for the Improvement of 24th Street, Hoover Avenue to Highland Avenue; and that said bid is accepted and the Mayor is authorized and directed to execute the contract for said street improvements. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 6951 was read, "RESOLUTION OF INTENTION NO. 6951 IN THE MATTER OF CONSTRUCTION OF STREETS AND IMPROVEv1ENT OF :TROVE STREET FROM THE CENTERLINE OF 18th STREET FROM THE CENTERLINE OF GROVE STREET TO THE CENTERLINE OF PROSPECT STREET IN THE CITY OF NATIONAL CITY." Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings- worth. Nays: None. Absent: Hodge. Moved by Hart, seconded by Heck, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:37 P.M. ATTEST;__ 1 4%, �C ' CITY CLERK VICE MAYOR, CIT OF NATIONAL CIT CALIFORNIA 5/14/57