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HomeMy WebLinkAbout1957 06-04 CC MIN323 National City, California, June 4, 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, Hollingsworth, Hodge. Council members absent; Hart, Heck. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Curran, Lill, Stockman, Holgate. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Erny. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meeting of May 28, 1957, be approved. Carried, all the Coun- cil present voting aye. COUNCILMiN HECK present. RESOLUTION NO. 6969 was read, "RESOLUTION OF INTENTION NO. 6969, (6,iilson Avenue).' Moved by Heck, seconded by Fessman, that the Res- olution be adopted,. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. ATTORNEY CURRAN reported that Seaboard Surety Company has filed a labor and materials bond and a contract bond with Teyssier & Teyssier, Inc. as principal which are in form and amount satisfactory to the requirement for the contract for the construction of the Municipal Swimming Pool; and recommended that the bonds be approved and filed. Moved by Fessman, seconded by Heck, that the Attorney's recommendat- ion be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN referred to the question of the possible affect on the 1911 Improvement Act for T'I. Avenue in the event the City granted a request for a portion of ' 1' Avenue be closed to become a 60 foot street rather than an 80 foot street. It was reported by the City Engineer that the job was three -fourth completed. The 1911 Act re- quires that once a contract is awarded the City Council has no auth- ority to change any of the plans and specifications or any of the conditions for the improvement work without the consent of the con- tractor. CITY MANAGER BIRD stated that the Engineer and himself are not ready at this time to render any report, as they were awaiting the City Attorney's report, and thought perhaps some of the Council members would want to look at the situation. A report will be avail- able at the next meeting. Moved by Fessman, seconded by Hollings- worth, that it be laid over until next week for the report of the City Manager and City Engineer. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Fund Park Fund Trust & Agency Fund Special Street Fund Drainage Fund Swimming Pool Fund TOTAL presented: $18,147.14 101.91 510.49 160.00 74.00 1,229.86 1,040.00 $21,263.40 6/4/57 324 Moved by Hollingsworth, seconded by for payment, and warrants drawn for vote to -wit: Ayes: Fessman, Heck, Absent: Hart. Heck, that the bills be approved same. Carried, by the following Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 6970 was read, authorizing the payment of $4,126.00 to Art A. Gussa, for Shuffle Board Building Addition, from the Capital Outlay Fund. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. MRS. MARTHA CLARK, 2133 National Avenue, was present and asked why there is no pedestrian crosswalk on the east side of l8th & National Avenue, and requested that the City Manager refer it to the Traffic Safety Committee. CCMMUNICATION FROM PRUDENTIAL OVERALL SUPPLY was read in regard to the building of a small wind -break structure to protect the trash barrels located beside their plant and asked authorization to complete it. LEONARD NObAKOVuSKI, Manager of the Prudential Overall Supply Company, was present in regard to their request. Moved by Fessman, seconded by Hollingsworth, that the request be granted, and that it be reviewed each year and when such time canes the neighborhood will require it, that it be removed. Motion lost, by the following vote to -wit: Ayes: Fessman, Hodge. Nays: Heck, Hollingsworth. HEARING ON CLOSING PORTION OF 15TH & 16TH STREET between Harrison & Cleveland Avenues was held at this time. CITY CL& K ALSTON stated she received no written protests, and no one was present to protest same. Moved by Heck, seconded by Hollingsworth, that the hearing be closed and the Attorney proceed with the necessary resolution. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. HEARING ON O. D. ARNOLD ESTATES ANNEXATION was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present to protest same. Moved by Heck, seconded by Fessman, that the hearing be closed, and the Attorney take whatever steps are nec- essary to continue the annexation. Carried, by the following vote to - wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Ab- sent: Hart. COUNCILMAN FESSMAN stated that the loading of box cars on Cleveland Avenue is proving to be a nuisance, and furthermore those cars are a hazard on the street aver night and steps should be taken to prohibit it. Moved by Fessman, seconded by Hollingsworth, that Mr. Mlliams of Scrap Disposal be notified to take steps immediately to have a spur track enter his property so he can load cars on his own property, and not on the City's streets. COUNCILMAN HECK asked the City Attorney, if in the closing of 15th and 16th Streets, we could include in the resolution the installation of spur track on private property. The Attorney previously reported that we cannot require the railroad to provide off street loading and unloading, as they are controlled by 6/4/57 3a5 the Public Utilities Commission. CITY ATTORNEY CUPR N stated it is very clear that the Public Utilities Commission of California does have the general jurisdiction over railways. Inasmuch, as the reso- lution which closes the streets does not come before the Council until the next meeting, we might very well consider the question which Ivr. Heck raises. COUNCILMAN HECK suggested that it be included in the resolution that the granting of the resolution will also provide spur trackage on to the property so there will be off street loading and unloading of cars. COUNCILMAN FESSMAN, with the approval of Council- woman Hollingsworth, withdrew his motion. Moved by Heck, seconded by Fessman, that it be incorporated in the closing of the portions of 15th 8c 16th Streets between Harrison and Cleveland, the property owier also provide spur trackage on private property for loading and unload- ing of box cars, as well as the improvement of sidewalks and curbs on the closed portions of the streets. Carried, all the Council present voting aye. COWAUNICATION FROM ERNESTINE ADAMS was read which stated that during the past several years many irregularities have crept into the County offices with particular reference to the taxing agencies. Moved by Hollingsworth, seconded by Fessman, that the City Clerk write a letter to Mrs. Adams explaining the situation, that National City does not have jurisdiction over the assessment of property or submitting any tax bills, and suggested that this problem be taken up with the County Tax Assessor, John McQuilken. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE BEER & 'aNE BEVERAGE LICLASE of La Voz del Pueblo, 1829 McKinley Avenue, was presented. REPORT FROM POLICE DE- PARTMENT stated investigation discloses no grounds for protest. Moved by Hollingsworth, seconded by Heck, that the application be filed. Carried, all the Council present voting aye. APPLICATIONN FOR ON SALE BEER BEVERAGE LICENSE by Pancho's Inn, 2620 National Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated that investigation disclosed no grounds for protest. Moved by Heck, seconded by Hollingsworth, that the application be filed, Carried, all the Council present voting aye. COtvMUNICATION FROM FIRE CHIEF BAILEYmus read in regard to the applicat- ion and certificate of insurance issued by Snapp Insurance Company, covering a public fireworks display on July 4th in Kimball Park. Mov- ed by Heck, seconded by Hollingsworth, that the Fire Chief's letter be filed due to the fact no action is required by the Council. Carried, all the Council present voting aye. APPLICATION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY C GMPANY was presented for authority to construct an industry track across 19th Street. Moved by Fessman, seconded by Heck, that this be referred to the City Manager and City Attorney. Carried, all the Council present voting aye. 6/4/57 326 CITY CLERK ALSTON stated that the following bids for plant mix were opened in her office Monday, June 3rd: R. E. HAZARD, $5.89 per ton; DALEY CORPORATION, $5.64 per ton. Bids were also opened for trash and garbage pickup, and the following were received: RAYIu'OND KEENER, bid on trash for first year was $6,550.00 per month, second year $6,850.00 per month; first year on garbage $7,650.00 per month, second year, $7,950,00 per month; F. SAN MARTIN bid on Alternate No. 1, which is garbage, $597.83 per month. Moved by Heck, seconded by Hol- lingsworth, that the bids be referred to the City Manager for a report and recommendation. Carried, all the Council present voting aye. COMMUNICATION FROM BAY FURNITURE CONIPANY was read, opposing diagonal parking on National Avenue. Moved by Heck, seconded by Fessman, that the letter be forwarded to the Traffic Safety Committee for consider- ation along with the letter from the Transit Company. Carried, all the Council present voting aye. CITY CLERK ALSTON stated at the last meeting the Council voted to ac- cept a check for 5300.00 from Alfred Anderson for the purchase of property, and it was desired to put the money in the Special Street Fund, and requested a motion to that affect. Moved by Heck, seconded by Fessman, that the City Clerk's request be allowed to place the funds in the Special Street Fund. Carried, by the following vote to - wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Ab sent: Hart. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHOrRITY was read in regard to redrafting the section of the Water Authority Act relative to the preferential rights of the members of the Authority to purchase water from the Authority. Moved by Hollingsworth, seconded by Heck, that the letter be referred to the City Attorney for study and a report to the Council. Carried, all the Council present voting aye. GOMvUNICATION FROM SAN DIEGO COUNTY BOUNDARY COIVMISSION was presented stating that the City of Chula Vista intends to annex certain territ- ory. REPORT FROM CITY ENGINEER LILL stated that this proposed annex- ation is on the easterly side of Chula Vista and does not concern the City of National City. Moved by Heck, seconded by Fessman, that the communication be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of the Res- olution of Intention for Grove Street; also the Af idc.vit of Publicat- ion of the Resolution of Intention for Harbison Avcaue ,, CITY ENGINEER LILL reported that the contractor is again working on the I' Avenue 1911 Act Project and if all goes well, it should be practically completed next week. Work is temporarily suspended on the 24th Street Improvement on account of labor difficulties, but expect 6/4/57 327 it to begin again next week. CITY ENGINER LILL reported that in regard to 13th Street Improvement the Utilities are just now completing their installations and the con- tractor should be able to start next week. The Utilities are still working on 18th Street. COUNCIELAN FESSMAN asked City Engineer Lill if the contractor doing the work on 414 will be required to clean the dirt off of the street before they put the black top on. CITY ENGINEER LILL stated the con- tractor will have to sweep the street before they put down the topping. RESOLUTION NO. 6971 was read authorizing the following transfers be made: From Park Fund to General Fund for repayment of loan, $25,000.00; from Library Fund to the General Fund for repayment of loan, $i O OQ00;` from the General Fund to the Capital Outlay Fund (Swimming Pool) $120.000.00. Moved by Fessman, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. absent: Hart. COMONICATION FROM HOUSING AND HOME FINANCE AGENCY was read acknow- ledging receipt of warrant in the amount of 86,500.00 covering the purchase of sewer facilities. A quit claim deed was enclosed, convey- ing all of the Government's right, title and interest to the project facilities. Moved by Heck, seconded by Fessman, that the quit claim deed be accepted, and filed, and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD stated in reference to the bid for plant mix it is his recommendation that the bid of Daley Corporation, in the amount of 85.64 per ton, be accepted, and a resolution be prepared. Moved by Fessman, seconded by Hollingsworth, th.t the City Manager's recommend- ation be followed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY MAN=,GEl3 BIRD stated in regard to the bids of National City 2ub- bish service, and F. San Martin, which were referred to him for a re- port, because of the fact the City required a financial statement, he will delay the report until next week in order to confer with the City Attorney. COUNCILMAN HECK asked if it would not be well to get a re- port from the City Treasurer as to our total income; also the delin- quencies; and asked City Treasurer Holgate to submit the report at the next meeting. CITY MANAGER BIRD presented a detailed report from the Police Depart- ment in regard to the complaint against the 21 Club, which was taken from the log of the Police Department, from January 1, 1957 through Lay 31, 1957. It is the opinion of the Police Department that if a public nuisance does exist action would have to be brought under Penal Code as a public nuisance. It was the Manager's recommendation that it be referred to the City Attorney to study the evidence to see wheth- er or not we should advise the people in the area, as set forth by the Code, to bring a complaint of a public nuisance. Moved by Hollings- worth, seconded by Fessman, that the City Manager's recommendation be 6/4/57 3g8 allowed. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the request of Martha James for extra width driveway at 24th & National Avenue, It was recommended two driveways be allowed subject to the 30 foot width driveway being located so as to clear the existing drainage on Nation- al Avenue, the 90 foot wide driveway being located no nearer than 22 feet to the first driveway. It is suggested that no asphalt be per, mitted between the curb and property line and that any driveway im- provement be six inch thick concrete, and that the over width drive- ways be granted. CITY MANAGER BIRD concurred in the recommendation, and recommended that a resolution be prepared granting the over width driveways at that location, as prescribed by ordinance with the re, quirements as suggested. Moved by Heck, seconded by Fessman, that the City Manager's and Uit, Engineer's recommendation be allowed and a resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD presented the tentative brochure of the advertising for the sale of the property in the area of Division and Fourth Streets, and stated he would like to have the Finance Committee view it in detail. Moved by Heck, seconded by Fessman, that it be referred to the Finance Committee. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the water line for the park, the contract is in preparation and will soon be sent to the City Attorney for approval. CITY MANAGER BIRD asked that the members of the Finance Committee meet with him to consider the budget. CCUNCIL1T0MAN HOLLINGSAORTH, Chairman of the Finance Committee, asked that the Committee meet this evening at 7:00 P.M. COUNCILMAN FESSMAN, Chairman of the Harbor Committee, stated that the request of National Plating & Processing Ganpany for an extension of the term of their lease should be considered by the Committee, and asked that the meeting be held on Friday, June 7th at 3:30 P.M., with Mr. Foster of the Company. REPORT FROM THE PLANNING COMMISSION in regard to the Application for Conditional :Exception No. 581 signed by Henrietta Forte, was read, relative to the property on the southwest corner of 16th Street and Palm kvenue. Petitioner is requesting variance in lot width from 50 feet to 49 feet; also permission to construct a triplex on less than the required 6,000 square feet of lot area. The Commission recommend- ed the three unit permit on condition that curbs and parking be put in. In the event the petitioner does not wish to construct a triplex, it was recommended that the lot be accepted with the less required square footage and lot width for a duplex usage. Curbs must be in- stalled. Moved by Heck, seconded by Fessman, that the Planning Com- mission's recommendation be approved, and also that sidewalks be in- stalled as well as curbs, and that a resolution be prepared. Motion 6/4/57 32,9 Motion lost, by the following vote to -wit: Ayes: Fessman, Heck, Nays: Hollingsworth, Hodge. HENRIETTA FORTE was present and stated there are no sidewalks on either side of the street. Moved by Hol- lingsworth, seconded by Hodge, that we accept the Planning Commissiont recommendation as set forth. Motion lost, by the following vote to - wit: Ayes: Hollingsworth, Hodge. Nays: Fessman, Heck. COUNCIL- UyOMAN HOLLINGSORTH informed Mrs. Forte that this motion was defeated, and the only possible chance there would be for further recommendat- ion would be when there is a full Council present. MRS. FORTE stated the lot is now zoned R-2 and asked if they could build a duplex with- out again going before the Planning Commission. Moved by Hollings- worth, seconded by Fessman, that the second recommendation of the Planning Commission be approved. Carried, by the following vote to - wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None, Moved by Fessman, seconded by Hodge, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:18 P.M. ATTEST: ) MAYOR, CITY OF NATIONAL CITY CALIFORNIA CITY CLERK 6/4/57