HomeMy WebLinkAbout1956 06-12 CC MIN314_0
National City, California, June 12, 1956
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, Hollingsworth, Hodge. Council members absent:
Heck,
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran,
Wagner, Holgate, Lill.
The meeting was opened with pledge of allegiance to the Flag,
followed by invocation by Mayor Hodge.
Moves' by Fessman, seconded by Hollingsworth, that
the
minutes
be
of the regular meeting of June 6, 1956,
all the Council present voting aye.
RESOLUTION NO. 6663 was read, approving the Engineer's report
dated April 10, 1956, on the proposed improvement of Cleveland
Avenue between 13th and 22nd Street. Moved by Hollingsworth,
seconded by Fessman, that the Resolution be adopted. Carried,
by the following vote to -wit: Ayes: Fessman, Hart,
Hollingsworth, Hodge. Nays: None. Absent: Heck,
RESOLUTION NO. 6664 was read, accepting real property described
in Grant Deed dated May 1P, 1956 executed by Shattuck Con-
struction Company. Moved by Hollingsworth, seconded by
Fessman, that the Resolution be adopted. Carried, by the fol-
lowing vote to -wit: Ayes: Fessman, Hart, Hollingsworth,
Hodge. Nays: None. Absent: Heck.
RESOLUTION NO. 6665 was read, approving the Engineer's report
dated April 2, 1956, on the proposed improvement of Fifth
Street between Palm Avenue and the westerly boundary of
Palmcrest Subdivision No. 2. Moved by Hollingsworth, seconded
by Hart, that the Resolution be adopted. Carried, by the fol-
lowing vote to -wit: Ayes: Fessman, Hart, Hollingsworth,
Hodge. Nays: None. Absent: Heck.
RESOLUTION NO. 6666 was read, granting a special zone variance
permit to Kile Morgan for the purpose of using a portion of a
building as a Beauty Parlor. Moved by Hart, seconded by
Hollingsworth, that the Resolution be adopted. Carried, by
the following vote to -wit: Ayes: Fessman, Hart, Hollings-
worth, Hodge. Nays: None. Absent: Heck.
RESOLUTION NO. 6667 was read, "RESOLUTION FINDING AND DETER-
MINING THE PERCENTA sE OF DEMANDS BY PROPERTY OWNERS FOR IN-
VESTIGATION UNDER. THE PROVI.SIONS OF DIVISION Li OF THE STREETS
AND HIGHWAYS CODE OF THE. STATE OF CALIFCRNIA (FIFTH STREET)".
Moved by Hollingsworth, seconded by Fessman, that the Resolu-
tion be adopted. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None.
Absent: Heck,
RESOLUTION NO. 6668 was read, granting a special zone variance
permit to Floyd D. Goad, for the purpose of remodeling a
garage located on the property line, into additional living
space. Moved by Hollingsworth, seconded by Hart, that the
Resolution be adopted. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None.
Absent: Heck.
RESOLUUTION
DING
D
DETER-
MINING IE RCENTAGEas OFrDEMMAN SESYLPRO ERTYNTOWNERSN E- ORIN-
6-12-56
341
VESTIdATION UNDER THE PROVISIONS OF DIVISION L$ OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (CLEVLAND
AVENUE)". The hearing on the report of the City Engineer re-
garding the proposed improvement is set for the 30th day of
July, 1956 at 8:00 P.M. COUNCILWOMAN HOLLINGSWORTH asked if
it is necessary to set the date of hearing so far in advance.
ATTORNEY CURRAN stated it is mandatory under the divisions of
the Act.
COUNCILMAN HECK present.
Moved by Heck, seconded by Hollingsworth, that the Resolution
be adopted. Carried, all the Council present voting aye.
ORDINANCE NO. 907, "AN ORDINANCE OF INTENTION TO VACATE AND
CLOSE TWENTY FEET OF "C" AVENUE BETWEEN 15th AND 16th STRSETS
IN THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for
the second and final reading, and rear; in full. The time for
hearing of any and all persons interested in or objecting to
the proposed vacation is set for 2:00 o'clock P.i+:; on the 7th
day of August, 1956, in the City Council Chambers. Moved by
Heck, seconded by Hollingsworth, that the Ordinance be adopted.
Carried, all the Council present voting aye.
ATTORNEY CURRAN stated that he had been requested to check the
freeway agreement between the City and the Division of High-
ways, Department of Public Works, State of California, and
that agreement has been checked and there appears to be
nothing in it which would take away any of the control of the
State, and of necessity the law which has been tested in the
courts as to the effect that the control of traffic is a mat-
ter of State wide concern and therefore the City can only con-
trol traffic to the extent that it is given specific authority
to do so.
FLORENCE M. UZUMECKI, 524 "I" Avenue, was present in regard to
the matter of widening Highland Avenue.
HEARING ON THE ZONE VARIANCE APPEAL of Joseph F. Bochniak was
held at this time. The Planning Commission recommended the
denial of the application of Mr. Bochniak requesting commer-
cial usage in a residential district to construct a cafe for
short orders and soda fountain. Cafe to be constructed on
18th Street and there is to be no beer or wine. JOSEPH F.
BOCHNIAK, 3003 E, 19th Street, was present and presented a
sketch of the proposed cafe he desires to build. KENT SINCLAIR
3001 E. 18th Street, was present and protested the granting
of the request for a zone variance to Mr. Bochniak. Moved by
Fessman, seconded by Hart, that the Planning Commission's re-
commendation be sustained, Carried, by the following vote
to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge.
Nays: None.
MRS. HAZEL FORQUERAN, 804. E. 4th Street, was present and sta-
ted there was an article in the paper last week which stated
that Highland Avenue would be widened from 125 feet to 250 feet
and asked for a clarification. CITY ENGINEER LILL stated that
the existing width of Highland Avenue varies; the future width,
that is the travelway will be 64 feet between curbs, and the
overall street right of way width will remain as it is, 80
feet.
PRICE C. AVERY, 441 Highland Avenue, was present and stated
it has been requested many times that some of the Council
meetings be held in the evening so that people may attend.
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342
Because of the parking ordinance those attending the Council
meetings in the day time cannot park in front of City Hall
and when able to park in the rear of the building they have
found the sprinklers obstructing the walk way, and asked if
the watering could be changed so this condition would not
exist. Mr. Price stated he would like to suggest that the
entire Council serve on the Finance Committee, plus the ser-
vices of the City Manager, at the beginning of the coming
fiscal year.
COMMUNICATION FROM CALIFORNIA SEWAGE AND INDUSTRIAL WATER
ASSOCIATION was read stating the 29th annual conference will
be held at the Hotel Statier in Los Angeles, from October 8
to 11, 1956.
COMMUNICATION FROM RAINBOW MUNICIPAL WATER DISTRICT was read
stating they will dedicate its water distribution system on
Saturday, the 23rd of June. The ceremonies will start with a
tour of the District at 10:00 olclock, starting at Live Oak
Park, followed by a barbecue and lunch at Live Oak Park at
12:30, and dedication ceremonies at the North Side Reservoir
at 3:00 o'clock. An invitation was extended to the Council,
City Attorney, City Manager and my other members of the City
who wish to attend.
REQUEST FOR REFUND OF $75.00 ON SEWER PERMIT was presented.
REPORT FROM N.S. BIGGS, ACTING BUILDING OFFICIAL, was read,
stating that the City of National City is unable to furnish
a sewer lateral on Roosevelt Avenue as requested by the owner
of the structure located at 704 Roosevelt Avenue. This con-
dition has been brought about due to the installation by the
Pacific Telephone and Telegraph Company of a main underground
telephone cable, also the shallow depth of the existing city
sewer main in Roosevelt Avenue. Due to the above mentioned
conditions, it is recommended a refund of the Z75.00 lateral
fee as shown by Sewer Permit No. 25G5, issued to G.A. Pallas,
agent for Joseph Geyer, owner of the property, be granted.
Moved by Hart, seconded by Hollingsworth, that the refund be
made to Joseph Geyer. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
CITY MANAGER BIRD stated the refund should be made to Whiting -
Mead Company.
COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
was read regarding application of Lyman B. Lucore and Violet
E. Lucore, 704 Highland Avenue. Acknowledgment of the City's
protest filed against the issuance of an alcoholic beverage
license to the above is hereby made. In the absence of fur-
ther notification, it may be assumed that the license has not
been issued, that a hearing on this protest is not required,
and no further action on the part of the City will be neces-
sary.
CITY CLERK ALSTON announced the League of California Cities
meeting in El Cajon, Friday, June 15th.
CITY ENGINEER LILL stated that last Wednesday evening, June
6th the City Manager and he held an informal meeting with
property owners from National Vista No. 1 area, from Euclid
Avenue to Harbison Avenue and Cerventes Avenue to Division
Street. The purpose of the meeting was to ascertain if the
property owners in that area desired to replace the existing
curbs with our standard type curbs on the 1911 Improvement Act
petition. A further report will probably be ready for the
next meeting. It appears that 60 or 70 percent of the r esi-
6-12-56
343
dents on certain streets desire to have the curbing replaced.
They are now circulating a petition and then we will know defi-
nitely the percentage who desire the curbs replaced, and then
it will be presented to the Council for whatever action de-
sired,
CITY ENGINEER LILL reported that in r egard to the 18th Street
project, he went over the plans with Mr. Phelps, Engineer of
Work, and it appears that all the engineering problems are
now being taken care of and we should have the plans in our
hands in the very near future,
CITY MANAGER BIRD reported that he has a petition requesting
paving with 2 inch A.C. for Third Street from "J" Ave. to
Laurel Avenue, this to be done under the improvement act.
Mr. Bird stated that several years ago this same group of pro-
perty owners petitioned the City and at that time through
negotiation they put in their own sidewalks and curbs, and base
course, with the understanding that at a later date they could
petition under the improvement act and have the job completed,
and that is the reason for the 2 inch A.C. It is the Manager's
recommendation this be referred to the Engineer for checking.
Moved by Heck, seconded by Hollingsworth, that the City Mana-
ger's recommendation be followed. Carried, by the following
vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth,
Hodge. Nays: None.
CITY MANAGER BIRD stated that in accordance with his request
to the EngineeringDepartment in regard to furnishing a legal
description for iew street through the City owned property,
Euclid Avenue between Division and Fourth Street, he now has
that description and he took it before the Planning Commission
and has received their confirmation. It is the Manager's re-
commendation that it be referred to the City Attorney to start
proceedings to open the street. Moved by Hollingsworth,
seconded by Hart, that the City Manager's recommendation be
followed. Carried, by the following vote to -wit: Ayes:
Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
CITY MANAGER BIRD stated in regard to the application of the
A.T. & S. Fe. Ry, Co. for storage track across 2Lth Street,
the report will be ready for the next meeting.
MINUTES OF THE BOARD OF DIRECTORS OF THE SOUTH BAY IRRIGATION
DISTRICT was read, stating that a written report was received
from Attorney Engstrand comparing three types of water dis-
tricts and bringing out the pertinent points of the Joint
Powers Act. The Attorney pointed out that under the Joint
Powers Act it would be necessary for new legislation to be
adopted, It would be necessary, in his opinion, for the South
Bay Irrigation District and National City to come to an agree-
ment on all points involved, and when agreed upon to have
them prepared in language acceptable for legislation, The
Attorney anticipated no objections in having such legislation
passed.
CITY MANAGER BIRD stated this is the first action of a report
on the part of the Attorney for the South Bay Irrigation
District in which the joint committees authorized Attorney
Engstrand to make some sort of a report as to the vehicle
which would perhaps be used in the ultimate purchase of the
California Water and Telephone Company's Sweetwater District.
COUNCILMAN HECK stated the City Attorney and Attorney Engstrand
were to confer together and make a report , and he wondered
6-12-56
34-
if Attorney Curran is ready to make his report to the Council.
ATTORNEY CURRAN stated the City Council specifically authorized
him to work on a procedure. The South Bay Irrigation District
apparently did not give such a wide latitude to Mr. Engstrand.
They conferred together, prior to the time Mr. Engstrand made
his report, discussing the feasibility of working out arrange-
ments under the Joint Powers Act, and it was the City Attor4
ney's suggestion that it might be wise to have the legislature
adopt an amendment to the Joint Powers Act whichwould speci-
fically authorize the issuance of bonds for this type project.
The law now is such that it would be possible, but it would be
rather involved to try to issue bonds, and it is the feeling
of the City Attorney that it would not be too difficult to have
a bill put through to specifically enable us to make a much
more presentable plan. The present arrangements are that it
is anticipated some details be worked out as to the possibility
of a contract so there will be something definite that can be
presented both to the City and to the Board, which was agreed
upon just immediately prior to the time Mr. Engstrand made his
report.
CITY MANAGER BIRD stated at the last meeting., the City At-
torney and City Manager were authorized to investigate nego-
tiations and make a report relative to bids for collecting and
disposing of garbage. PROPOSAL OF F. SAN MARTIN & SONS was
read, stating he will pick up and dispose of garbage for a
period of one year, commencing July 1, 1956 to June 30, 1957,
for a sum of Z495.13 a month. It is the City Manager's recom-
mendation that the Council consider and authorize the Attorney
to prepare a contract with our present carrier to cover the
next year. Moved by Heck, seconded by Fessman, that the City
Manager's recommendation be allowed to contract with F. San
Martin for collecting and disposing of garbage from July 1,
1956 to June 30, 1957, aid the Attorney prepare the necessary
resolution. Carried, by the following vote to -wit: Ayes:
Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
REPORT FROM THE PLANNING COP4IISSION was read, which stated
that the resignation from the City Planning Commission was
presented May 28, 1956, of Chairman S.O. Granger, effective
May 29, 1956. At that time Mr. Charles Kerch was unanimously
elected Chairman for the remainder of the year. This matter
was discussed at t he June 11th meeting and no suggestions are
submitted to the City Council at this time for the replacement
of Mr. Granger, the Commission leaving it up to the Prerogative
of the Council.
Moved by Hart, seconded by Hollingsworth, that the meeting
be closed. Carried, all the Council present voting aye.
Meeting closed at 2:40 P.M.
OF ATI-ON . CITY , CALIF .
ATTES.:
CITY CLERK
6-12-56