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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. 6y12o56 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