HomeMy WebLinkAbout1956 06-19 CC MIN345
National City, California, June 19, 1956
Regular meeting of the City Council -was catied to -order by
Mayor Hodge at 1:30 P.P.Q. otclock. Council members present:
Fessman, Hart, Hollingsworth, Hodge. Council members absent:
Heck.
ADMINISTRATIVE OFFICIALS present: Bird, Curran, Lill, Wagner,
Holgate.
The meeting was opened with pledge of allegiance to the Flag,
followed by invocation by ;Mayor Hodge.
COMMUNICATION FROM FLORENCE M. UZUMECKI was read stating she
wished to call attention to an error in the minutes of the
June 12th meeting of the City Council pursuant to her presence
at the Council meeting with regard to the widening of Highland
Avenue. Mrs. Uzumecki stated she was not present for the pur-
pose mentioned but to give Mr. Heck and his second, Mrs.
Hollingsworth, an opportunity to clarify th,: wording of a
motion made by Mr. Heck and seconded by Mrs. Hollingsworth at
the June 6th Council meeting; said motion to be placed on the
November 6th General Election ballot. Moved by Hollingsworth,
seconded by Hart, that the minutes of Junel2th be amended to
read: Florence M. Uzumecki, 524 "I" Avenue, was present asking
for clarification of the wording of the motion made by Heck
and seconded by Hollingsworth in regard to Highland Avenue
being placed on the November ballot. Carried, all the Council
present voting aye. Moved by Hollingsworth, seconded by
Fessman, that with the correction so stated, that the minutes
of the regular meeting of June 12, 1956, be approved. Carried,
all the Council present voting aye.
RESOLUTION NO. 6670 was read approving the contract with F.
San Martin & Sons for the collection and disposal of garbage
for a period of one year, and authorizing the Mayor to execute
the same for and on behalf of City of National City. 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.
COUNCILMAN HECK present.
RESOLUTION NO. 6671 was read vacating Euclid Avenue between
Division Street and Fourth Street. Moved by Hart, seconded by
Hollingsworth, that the Resolution be adopted. Carried, all
the Council present voting aye.
RESOLUTION NO. 6672 was read accepting all that certain real
property described in rant Deed dated May 23, 1956 executed
by Leon C. Kellogg. Moved by Heck, seconded by Fessman, that
the Resolution be adopted. Carried, all the Council present
voting aye.
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REPORT OF RECREATION ADVISORY BOARD regarding meeting/May 16,
1956 was presented. They reviewed the 1956-57 tentative budget,
general outline of Capital Outlay was given and also explained
that the Park Fund comes out of the Special Fund and Recreation
comes out of the :general Fund. A motion was made by the Board
to accept the tentative budget as presented, and recommend that
the Council approve it. It was reported that the Tot Lot
Shelter is available. The Olivewood Junior Women's Club has
set aside 4,25.00 to fix up the Shelter and another club is
considering the setting aside of funds to paint it.
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346
ATTORNEY CURRAN recommended that the sidewalk license bond
issued by United States Fidelity and Guaranty Company with
Milton E. Sykes as principal, be approved and filed. Moved
by Hollingsworth, seconded by Heck, that the Attorneys recom-
mendation be followed, Carried, all the Council present vot-
ing aye.
ATTORNEY CURRAN reported that the Public Utilities Commission
has rendered its Decision No. 53204I. which is an opinion and
order in Case No. 5663; that was a matter of the investigation
on the Commissionls own motion to consider the adoption of
service standards and service rules for water utilities under
its jurisdiction; This opinion and order creates for the first
time certain standards which private water companies must
abide by in furnishing potable water to the consuming public
in California.
ATTORNEY CURRAN reported again on the matter of relocation
costs when the City has to make a work of improvement on one
of the City streets and it becomes necessary to move certain
of the facilities of the California dater and Telephone
Company. A contract was made with sriffith Company for the
improvement of Tidelands Avenue,and it was not possible to
carry out the procedure suggested by the Company and agreed by
the Council;,to completion prior to the time that it was neces-
sary for 3riffith Company to commence work on Tidelands Avenue.
Therefore, by arrangement made yesterday, apparently as a re-
sult of apprehension by the local manager the Attorney for the
company instructed the local manager to proceed with there•-
location, it b ing understood that no agreement had been .
reached as tog itimately was to bear the cost. In the event
that it turns out that the company was prior in time to the
City for any portion of the relocation necessitated in any
area, it would then, in the opinion of the City Attorney, be
incumbent under the previously agreed arrangement for the
City to reimburse the Company for that portion of the cost in
which the company was first in time. The City Attorney has
advised the company as to his opinion and he further advised
the company that he would seekr atification of this matter at
the Council meeting today, and Mr. Curran stated he would like
to request this stand be ratified, so there will be no ques-
tion once the facts are determined. loved by Heck, seconded
by Hart, that reiterating our previous statement of policy
regarding priority in the water situatiOn that the matter pro-
ceed based on a final determination, on Tidelands Avenue.
Carried, by the following vote to -wit: Ayes: Fessman, Hart,
Heck, Hollingsworth, Hodge. Nays: None.
BILLS AUDITED BY THE FINANCE COi:mITTEE presented:
General Fund W 9,656.08
Traffic Safety Fund 876.88
Gas Tax Fund 30.90
Park Fund 323.55
Special Street Fund 541.20
Drainage Fund 18.27
TOTAL v21, 446 .B8
Moved by Hollingsworth, seconded by Fessman, that the bills be
approved and warrants ordered drawn for same. Carried, by the
following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings-
worth, Hodge. Nays: None.
RESOLUTION NO. 6673 was read authorizing and approving the ex-
penditure of `;39.77 from the Capital Outlay Fund to National
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317
City Electric Works for the Fire Station Drill Yard. Moved by
Hollingsworth, seconded by Fessman, that the Resolution be
adopted. Carried, all the Council present voting aye.
REPORT OF CITY TREASURER for May, 1956, was presented. Moved
by Hollingsworth, seconded by Heck, that the report be filed.
Carried, all the Council present voting aye.
NOTICE OF HEARING BEFORE PUBLIC UTILITIES COMMISSION in the
matter of the application of Transcontinental Bus System; ap-
plication of Continental Pacific Lines; and application of
Pacific Greyhound lines, for authorization to increase pas-
senger fares in the State of California, was presented. The
hearing is set for July 5, 1956 at 10:00 A.M., in the Com-
mission Courtroom, State Building, San Francisco. Moved by
Heck, seconded by Hollingsworth, that the notice of the hearing
by the Public Utilities Commission be filed. Carried, all the
Council present voting aye.
HEARING ON ASSESSMENT OF THE IMPROV'IAENT OF HARBISON AVENUE
FROM DIVISION TO FOURTH STREET was held at this time. There
were no written protests and no one was present objecting to
same. Moved by Heck, seconded by Fessman, that the hearing be
closed, and the Attorney prepare the final resolution as re-
quired in the State Statutes. Carried, by the following vote
to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge.
Nays: None.
HAROLD LOWELL, Hillsborough, California, was present and stated
he is the owner of property at the southwest corner of Third
and Laurel. It is his understanding that the City wishes
twenty feet for road right of way and there is a fifteen foot
set back. The property is 4.9 feet in width and 182 feet in
depth but if a right of way is given it will leave a narrow
strip of land that cannot be used for building purposes.
COMuvUNICATION FROM MR. LOWELL addressed to the City Engineer
was read, stating he would like something done about the pro-
perty, either strike it from the records or the City pay him
what it is worth. REPORT FROM CITY ENGIN!ER LILL was read,
stating the property in question is approximately 49 feet in
width and 182 feet in depth and parallels Third Street. Third
Street is only 40 feet in width at this location and widening
the street to 60 feet would leave the lot 29 feet in width,
which is not adequate. Apparently the property cannot be used
as a building site under existing regulations. CITY MANAGER
BIRD stated during the tenure of W. Warwick, City Engineer,
this was brought before the City Council in relating to the
widening and paving of Third Street from Laurel west to "J"
Avenue, at which the original 1911 Act was instituted, was then
withdrawn and by agreement the abutting property owners were
allowed to put in the base as required by City specifications.
At that time Mr. Warwick attempted to negotiate, and unquestion
ably he must have negotiated through some of therealtors and
they were trying to work out a proposition whereby the City
would buy the property at a set figure, which Mr. Bird said he
believed was $1200,00 provided the adjacent property owner to
the south would pay $600.00 for ther emaining portion of the
lot, thereby creating a $600.00 assessment against Third
Street to get the bottleneck out of the street. Mr. Lowell
has owned the property since 1946 and said that he has not had
any communication from the Engineerts office or any other of-
fice of the City regarding this property. MR. LOWELL stated
he contacted Mr. Anderson, who owns the property next to his
but he was not sure that he could get the $600.00, but Mr.
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348
Lowell said he would not let the property go for that price.
COUNCILMAN HART said he thought Mr. Lowell should be paid.
according to present prices, for his property. Moved by Hart,
seconded by Fessman, that the property be appraised and we pay
him the appraisal price, and the balance left could then be
sold to the adjoining property owner sometime in the future,
and that the City Manager have an appraisal made. Carried,
by the following vote to -wit: Ayes: Fessman, Hart, Heck,
Hollingsworth, Hodge. Nays: None.
APPLICATION OF MRS. BERYL McDAN1EL to move a building from
814 "C" Avenue to 3000 block on E. 20th Street, was presented.
The building is to be used as a home. Reports from
Walter C. See, Architect, City Planner Wagner and N.S. Biggs,
Acting Building Official, were read. Moved by Hart, seconded
by Hollingsworth, that the request be granted, in accordance
with the recommendations of the Building Department and the
Planning Department. COUNCILMAN HECK asked if 20th Street is
up to grade. CITY ENGINEER LILL stated that section of 20th
Street is pretty steep and that we cannot set a grade.
COUNCILMAN HECK said it would then be impossible to require
curbs and sidewalks. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
COML}MMUNICATION FROi\' CITY ENGINEER LILL regarding petition for
improvement of 25th Street between National Avenue and "A"
Avenue, and "A" Avenue between 24th Street and 26th Street,
was read, stating the petition has been checked against the
records of the County Assessor as follows: total street
frontage, 1460 feet; total frontage petitioned, 765 feet;
percentage of frontage petitioned, 52.39 percent. COMMUNICA-
TION FROM CITY ENGINEER LILL was read regarding a letter r e-
questing certain names be removed from petitions for 1911 Act
Improvement of "A" Avenue and 25th Street. It is requested
that the names of Elva Sadiasa and W.J. Briggs be removed from
the petition. These persons own 6.8% of the frontage of the
proposed project. COMMUNICATION FROM ELVA SADIASA and W.J.
BRIaGS was read stating they wish to have their names taken
off the 1911 Act petition on "A" Avenue and 25th Street pro-
ject as they did not thoroughly understand this procedure and
do not desire to undertake it at the present time. CITY
MANAGER BIRD asked the City Engineer if the 6.8% had been de-
ducted from the original report of 52.39 percent. CITY
ENGINEER LILL stated it had not. CITY MANAGER B1ID stated if
the 6.8% is deducted from 52.39% there is an insufficient pe-
tition. Moved by Hollingsworth, seconded by Hart, that the
City manager write a letter to all of the other persons who
signed the petition stating that due to the withdrawal of two
names on the petition that it is no longer sufficient for a
1911 Act, and that the petition will now be dead until such
time as there are sufficient signatures. Carried, all the
Council present voting aye.
HEARING ON ASSESSMENT OF THE IMPROVEraENT OF "K" AVENUE BETWEEN
18th and 21st STREET was held at this time. There were no
written protests. ARTHUR PALMER, 2032 "K" Avenue, was present
and stated there are cracks in the street and wondered why
they took the top soil off from the parking area and put in
adobe. COUNCILMAN HECK stated he has heard numerous complaints
from the property owners on "K" Avenue because of the top soil
being taken away from the parking area and putting hard pan
and adobe soil there instead. MAYOR HODGE asked Mr. Palmer
if he was protesting the assessment and Mr. Palmer stated he
was not. There was no one present protesting the assessment.
6-19-56
349
Moved by Heck, seconded by Fessman, that the hearing be closed
and the Attorney be instructed to prepare the necessary final
resolutions to bring the job to completion. Carried, by the
following vote to -wit: Ayes: Fessman, Hart, Heck, Hollings-
worth, Hodge. Nays: None. Moved by Fessman, seconded by
Heck, that the appropriate department be instructed to replace
four to six inches of the adobe in the parking area with a
like amount of top soil. Carried, by the following vote to -
wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays:
None. CITY ENGINEER LILL stated in regard to the cracks in
the street that condition is common to a concrete cement
treated base and asphalt concrete pavement. We first ran into
such a condition on Alpha Street in National Vista No. 4
Subdivision and Mr. Bird, himself and members of the Portland
Cement Association went to that street and other streets in
San Diego and reviewed them, and they were informed by the
Portland Cement Association people that the cracks in the
street such as "K" Avenue has were common to a cement treated
base street, that does not hurt the strength of the street,
the more traffic on the street, the less the cracks will ap-
pear because the asphalt will be beaten into the street; they
are normal occurrence with shrinkage of concrete. If the pro-
perty owners ever require the cracks to be filled it will have
to be done, but the Portland Cement people assured them that
most of the time nothing ever has to be done with the cracks
in the street and does not hurt it at all.
CITY ENGINEER LILL reported that the contract has been signed
for the improvement of Tidelands Avenue and work has begun.
The contract has been signed for the improvement of 16th
Street and work should begin in the near future.
CITY ENGINEER LILL reported on the meeting of members of the
City staff with the property owners in the National Vista
Subdivision concerning removal and replacing of roll ' curbs
and portions of driveways in that subdivision. A 1911 Im-
provement Act has been authorized for that area for paving and
grading and we have been asked if anything could be done about
the existing roll curbs and remove them and replace with stan-
dard curb and gutter. The meeting was held June 6th and fifty
six property owners were present. As a result of the meeting
separate petitions were circulated by property owners of each
of the six streets involved and the petitions are ready for
submission at this meeting. On Norfolk Street 52.50% origi»
nally petitioned the improvement and 60.38% petitioned for
removing and replacing curb and driveway; on Clairmont Avenue
no petitions were circulated forreplacement of curb and drive'.
way; Drexel Avenue 60.44% made the initial petition, and
63.5% petitioned removal and replacement of curb and driveway;
on Belmont Avenue 82.19% made the initial petition and 77.99%
petitioned for removal and replacement of curb and driveway;
on Kenton Avenue 61.27% made the initial petition and 61.27%
petitioned for removal and replacement of curb and driveway;
on Harbison Avenue there was no petition for removal and re-
placement of curb and driveway. It is noted that the latest
petitions were signed by approximately the same percentage of
property owners as were the original petitions. These pro-
perty owners are asking for removal of the existing installa-
tions and it is requested that the Council determine if the
removal of existing curb and portions of driveways and re-
placement of same be included in the 1911 Act project for the
four streets for which such work is petitioned. COUNCILMAN
HECK stated he thought if the property owners wish -the roll
curbs removed and eplaced with type'"G" curbs that would be
part of the project and the cost of removal and retpiace-
rent should be added to the project cost. Moved by Heck, se-
conded by Fessman, that these petitions on the streets of Nor-
folk, Drexel, Belmont, and Kenton be added to the existing
350
1911 Improvement :el.ct and all costs of'r�._:dval and.replacement
of-curbs:be'bornn by•thcaproject. Carried, all the Council
present voting aye.
CITY MANAGER BIRD reported on the trip made to the Los Angeles
area for the purpose of investigating swimming pools. We have
hope of negotiations inviting architectural proposals.
COUNCILMAN HECK stated since he did not make the trip he
wished to state that it is his understanding that the reason
the pool which they saw in Santa Ana did not come up to
Olympic standards is the depth for the diving tower. CITY
MANAGER BIRD stated it does not come up to Olympic standards
as far as exhibition diving boards are concerned. COUNCILMAN
HECK stated he thought if we are going to build a standard
swimming pool it would be to our advantage to build a wholly
equipped Olympic type pool, it would not mean requiring the
full three stage diving towers at the present time, but making
the proper depth now so that in the future we can use our pool
for aquatic meets as it would be the only Olympic type of pool
South of Los Angeles. .AYOR HODGE stated they asked the Los
Angeles Director regarding this ^nd his answer was that Los
Angeles has one, but as far as recreation was concerned it
was practically a "white elephant". The equipment, diving
towers, etc. that ordinary recreation cannot use took up so
much area that it hindered it, and adding the depth makes it
considerably more expensive to build and. maintain.
REPORT OF CITY PLANNER WAGNER was read regarding the affect of
Atchison, Topeka and Santa Fe Railway Company request for -
storage track across 24th Street on future planning. Investi-
gation reveals that there would be no adverse affect on future
planning of the Industrial Area west of Montgomery Freeway if
this request were granted as the track is intended to merely
cross 2Ltth Street as a switching track to connect with the
Union Ice Companyis track. Mr. Krames, representative of the
A.T. & S. Fe informs that there would be no standing of cars
across the Street. It appears that there will be other
similar requests to cross streets in the Tidelands Area by the
railroads as development proceeds. REPORT OF CITY ENGINEER
LILL stated the subject request has been reviewed by this of-
fice and comments are as follows: 1. Grade of track should
conform to street grade as set by City Engineer. Necessary
street work to be done by railroad. 2. Railroad should im-
prove and maintain portion of street used by tracks when street
is improved, and to City Specifications. 3. Railroad to raise
or lower track grade as required to conform to any future
street grade. ti.. Railroad to install and maintain any sig-
nals that are ever necessary at crossing. CITY MANAGER BIRD
stated it is his r ecommendation that the application of the
Santa Fe for said crossing be granted with those ,prohibitions
and requirements placed therein, and that the Engineer be
authorized to notify the Santa Fe Railway Company of the
Counciits action, if you so approve this recommendation. In
this regard the Los Angeles office called this morning and the
conditions were read to them and they are anxious to get at
the work. Councilman FESSMAN stated he has noticed different
kinds of grade crossings installed in various places, and
it is apparent that type of crossing where the street is paved
and crosses the railroad track that type where timber is laid
down alongside the track is the most satisfactory, and wondered
if in our Cityts specifications we should not require that all
grade crossings installed hereafter, and any new streets being
paved shall be put in with that type of crossing. Moved by
Fessman, seconded by Hollingsworth, that the Standard Specifi-
cations be made to include that the installation of wooden
rail headers on grade crossings will be mandatory. Carried,
6-19-56
351
by the following vote to -wit: Ayes: Fessman, Hart, Heck,
Hollingsworth, Hodge. Nays: None, CITY MANAuER BIRD stated
in answer to the request of the A.T. & S. Fe it will require a
resolution, if the Council wishes to grant the application,
and Attorney Curran has raised a point which should be incor-
porated in the requirements. ATTORNEY CURRAN stated that be-
fore the permit is granted that there be an express condition
in the permit that in the event for any reason there has to be
a relocation of the railroad facilities necessitated by any
work of improvement on City streets the entire cost of that
relocation should be borne by the permittce. That would be an
additional condition. Moved by Heck, seconded by Fessman, that
the condition as set forth by the Attorney be incorporated in
the conditions. Carried, by the following vote to -wit: Ayes:
Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. Moved
by Heck, seconded by Fessman, that permission be granted sub-
ject to all the conditions as outlined by the City Manager
and by the two previous motions, and 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 COMMISSIJN w as read regarding the re-
quest received from Murray dill and Manufacturing, Inc.
for the closing of the alley adjoining Lots 3, 4, 5, and 6 in
Block 212. Communications were received from the San Diego
Gas & Electric Company, Pacific Telephone & Telegraph Company,
California Water and Telephone Company and California State
Division of Highways voicing no objections to this request.
Since the requested closing is between the above mentioned
lots and the State Freeway, the Division of Highways states
they will enter no objection to the closing of said alley, but
will refrain from disposing of any of its reversionary rights
pending further stt.dy sometime in the next few years regarding
the expansion of the :Montgomery Freeway. The Planning Com-
mission recommended that the Council proceed with the closing
as requested, Moved by Heck, seconded by Fessman, that the
Planning Commission's recommendation be allowed; and the At-
torney prepare the necessary ordinance of closing. Carried, by
the following vote to -wit: Ayes: Fessman, Hart, Heck, Hol-
lingsworth, Hodge. Nays: None.
CITY PLANNERWAGNER reported that the Planning Commission with
respect to the perchlorethylene standards of operation have
agreed that staff shall prepare, and they will consider for
adoption at their next meeting, a program whereby under Ordi-
nance 750 their interpretation will be that the 30 pounds
single perchlorethylene unit is an allowable land use in a re-
stricted commercial, or C-2 zone. In the general commercial
district two units may be considered allowable land use, one
30 pound unit for c1eaAi g and the additional 30 pound unit for
reclamation and for drying, allowing the operator the privilege
of cleaning and working on 60 pounds of clothes at one time.
Anything above that, such as 40 or 75 pound units, single or
in groups, may be allowed in the C-!i. and M zones.
Moved by Fessman, seconded by Hart, that the meeting be closed.
Carried, all the Council resell v%tin e. Meetin closed at
3: ll� P.M.
��/
MAYOR, CITY 5F NATIONAL CITY( CALIF.
ATTEST:
CITY CLERK
6-19-56